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HomeMy WebLinkAboutR2019-134 2019-05-20 RESOLUTION NO. R2019-134
A Resolution of the City Council of the City of Pearland, Texas, awarding an
installation services contract for the Fiber Optic Backbone Network Project
(Dixie Farm Road, Old Alvin Road and Pearland Parkway) to TDC2, in the
amount of$624,808.90, and authorizing an appropriation of$65;000.00 from
the Fund Balance.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That competitive bids for the construction of the Fiber Optic Backbone
Network Project have been reviewed and tabulated.
Section 2. That the City Council hereby awards the bid to TDC2, in the amount of
$624,808.90.
Section 3. The City Manager or his designee is hereby authorized to execute a
construction services contract for the Fiber Optic Backbone Network Project.
PASSED, APPROVED and ADOPTED this the 20th day of May, A.D., 2019.
TOM REID
MAYOR
ATTEST:
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APPROVED AS TO FORM:
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DARRIN M. COKF2
CITY ATTORNEY
Resolution No.
Project Manual R2019-134
for:
Fiber Backbone - Dixie Farm Road
(FM 518 to Longwood Treatment Plant)
City of Pearland, Texas
COP PN: FA1802
Old Alvin Rd Widening
(Fiber Optic Network Connection Plan)
City of Pearland, Texas
COP PN: T20002
Fiber Backbone — Pearland Parkway
L (Oiler Dr to John Lizer to City Hall)
City of Pearland, Texas
COP PN: FA1901
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Prepared By: 4Mcf-ZO
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Cobb, Fendley & Associates, Inc.
CITY OF PEARLAND TABLE OF CONTENTS
CITY OF PEARLAND
BRAZORIA COUNTY,TEXAS
TABLE OF CONTENTS
NOTE: ALL CITY SPECIFICATIONS ARE INCLUDED BY REFERENCE. CITY
SPECIFICATIONS CAN BE FOUND ON THE CITY OF PEARLAND WEB SITE:
https://www.pearlandtx.gov/departments/engineering-and-capital-prof ects/engineering/standard-
construction-do cuments
SECTION TITLE
DIVISION 0—BIDDING AND CONTRACT DOCUMENTS
00100 Invitation to Bid
00200 Instructions to Bidders
00300 Bid Proposal
00500 Standard Form of Agreement
00610 Performance Bond
00611 Payment Bond
00612 One-Year Maintenance Bond
00615 Partial Waiver of Lien
00700 General Conditions of Agreement
00800 Special Conditions of Agreement
00811 Wage Scale for Engineering Construction
00900 Addendum Template
00910 House Bill 89 Verification Form
DIVISION 1 —GENERAL REQUIREMENTS
01100 Summary of Work
01140 Contractor's Use of Premises
01200 Measurement and Payment Procedures
01290 Change Order Procedures
01310 Coordination and Meetings
01350 Submittals
01380 Construction Photographs
01420 Referenced Standards
01430 Contractor's Quality Control
01440 Inspection Services
01505 Mobilization
01555 Traffic Control and Regulation
01580 Project Identification Signs
01600 Material and Equipment
01630 Product Options and Substitutions
01720 Field Surveying
01760 Project Record Documents
01770 Contract Closeout
CITY OF PEARLAND TABLE OF CONTENTS
DIVISION 2—SITE WORK
02200 Site Preparation
02220 Site Demolition
CITY SPECIFCIATION (see note on previous page)
Bid Item 0001 Ethernet Switch
Bid Item 0002 Poli-MOD Patch and Splice Module
Bid Item 0003 External Battery Cabinet
Bid Item 0004 Xpress Fiber Management 4RU Patch Panel
Bid Item 0005 Xpress Fiber Management 5RU Patch Panel
Bid Item 0006 Wall Mount Interconnect Enclosure
Bid Item 0007 Edge Splice Cassette
TXDOT SPECIFCATIONS
618 Conduit
624 Ground Boxes
6007 Intelligent Transportation System(ITS) Fiber Optic Cable
END OF SECTION
CITY OF PEARLAND INVITATION TO BID
Section 00100 -
INVITATION TO BID
CITY OF PEARLAND, TEXAS
LOWEST RESPONSIBLE BIDDER
Sealed Electronic Bids will be accepted for the following project, in the City's E-bid System.
Electronic bids shall be submitted through the City's web site at:
https://pearland.ionwave.net/Login.aspx. All interested Bidders are required to register as a
"Supplier" on the City's E-bid System at the above web address and clicking on"Supplier
Registration". Registration provides automatic access to any changes to the Plans, Specifications
or Bid time and date.
However, submission of an E-bid requires completing a short registration questionnaire found on
this web site. When prompted to add or remove commodity codes registrants must add the codes
listed below:
* Building Construction Services,New(Includes Maintenance and Repair Services)
* Construction Services, General(Includes Maintenance and Repair Services)
* Construction Services, Heavy(Includes Maintenance and Repair Services)
* Construction Services, Trade (New Construction)
For more information regarding registration instructions, see INSTRUCTIONS TO BIDDERS,
Section 00200, included in the project bid documents viewable on the web site. Questions
regarding electronic bidding should be directed to City Purchasing Officer at
ebids@a,pearlandtx.gov.All Bids submitted electronically will remain confidential until the opening
date and time when they will be opened and read into the public record.
Bids, shall be submitted on the form provided in the E-bid System and submitted electronically
through this system to the City Purchasing Officer, City of Pearland, City Hall Annex located at
3523 Liberty Drive, Pearland, Texas 77581. Electronic bids will be accepted until 2:00 p.m.,
Thursday, April 4, 2019. All Bids shall reference the following project information in the
appropriate locations in provided electronic format. All properly submitted bids shall be publicly
"opened" and read aloud into the public record following the closing of the acceptance period for
the construction of:
Fiber Backbone-Dixie Farm Road
(FM 518 to Longwood Treatment Plant)
City of Pearland, Texas
COP PN: FA1802
Old Alvin Rd Widening
(Fiber Optic Network Connection Plan)
City of Pearland, Texas
COP PN: T20002
Fiber Backbone—Pearland Parkway
(Oiler Dr to John Lizer to City Hall)
City of Pearland, Texas
COP PN: FA1901
BID NO.:0319-20
08-2018 00100- 1 of 4
CITY OF PEARLAND INVITATION TO BID
A mandatory pre-bid conference will be held at the City of Pearland City Hall Annex at 3523
Liberty Drive, Pearland, Texas 77581 at 10:00 a.m. on March 28, 2019.
The project will entail three fiber connections. The Dixie Farm Road project will create a new fiber
optic connection between the City's network connection at the intersection of Dixie Farm Road and
FM 518 (E Broadway Street) and the Wastewater Treatment Facility along Dixie Farm Road and
two traffic controller cabinets along Dixie Farm Road. The fiber optic connection will carry 96-
strand single mode fiber from the traffic controller cabinet at the Dixie Farm Road and FM 518
intersection to the treatment plant and a 12-strand single mode fiber to connect the existing traffic
signal cabinets at the McGinnis Drive and McDonald Drive intersections along Dixie Farm Road
via 4"HDPE with 4-1" inner ducts.
The Old Alvin Road project will create a new fiber optic connection between the City's network
connection at the Alice water tower control building and the new Fire Station #1 location at the
intersection of McHard Road and Old Alvin Road. The fiber optic connection will carry 96-strand
single mode fiber the entire project length of 2,600 feet via 4" HDPE with 4-1" inner ducts.
The Pearland Parkway project will begin at the intersection of Oiler Drive and Pearland Parkway
then travels north to Liberty Drive (Independence Park entrance). At Liberty Drive, the network
will branch north to the intersection of John Lizer and Pearland Parkway and go the northeast along
Liberty Drive (and through Independence Park) to the Pearland City Hall. The John Lizer network
connection will carry a 96-strand single mode fiber from the traffic controller cabinet at the Oiler
Drive and Pearland Parkway intersection to City Hall via 4" HDPE with 4-1" inner ducts. A 12-
strand single mode fiber will be carried from the Oiler Drive and Pearland Parkway intersection to
the traffic controller cabinet at the intersection of John Lizer and Pearland Parkway via 4" HDPE
with 4-1"inner ducts.
Upon award of a contract, the successful Bidder will be required to utilize the City's web based
project management software, "Pro-Trak" for the administration of the construction project,
including but not limited to,all transmittals and material submittals,RFI's,RFC's,Change Orders,
Applications for Payment and all project communications with the City,its Construction Manager
and Engineer. This system has certain hardware, internet access and operation requirements that
form the basis for all project communications,documentation and records for the project.For more
information, see INSTRUCTIONS TO BIDDERS, Section 00200.
Electronic Bid Documents: including Contract Documents, Plans and Technical Specifications
are available for download on the City's Website at: https://pearland.ionwave.net/Login.aspx
upon registration. The documents are NOT viewable without registration. These same
documents are also available at the following locations.
Amtek Plan Room (713) 956-0100
4001 Sherwood
Houston, TX 77092
The Associated General Contractors of America, Inc. (713) 334-7100
2400 Augusta, Suite 350
Houston, TX 77057
Virtual Builders Exchange (832) 613-0201
7035 W. Tidwell Building J, Suite 112
Houston, TX 77092
08-2018 00100-2 of 4
CITY OF PEARLAND INVITATION TO BID
No plan fees or deposits are required for plans and bid documents obtained through the City's E-
bid System. BIDDERS MUST REGISTER AS A SUPPLIER ON THE CITY'S E-BID SYSTEM
IN ORDER TO SUBMIT A BID EVEN IF BID DOCUMENTS ARE OBTAINED VIA ONE OF
THE PLAN HOUSES.
Bidders accept sole responsibility for downloading all of the required documents, plans,
specifications bid forms and addenda required for bidding.
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. Unless otherwise expressly provided
herein, all references to "day(s)" shall mean calendar day(s).
Bid Security and Bonds: Bid Security in the form of Cashier's Check, Certified Check, or Bid
Bond payable to the City of Pearland in the amount of 5% of the total base bid price must
accompany each proposal. Bidders submitting bids electronically through the E-bid System shall
scan and up-load a copy of the sealed Bid Bond as an attachment to their bid. Original documents
for Bid Security shall be requested by the City from the lowest two bidders and delivered to
the City's Purchasing Officer within 48 business hours of the Bid Opening. Bid Security shall
be delivered to: Office of City Purchasing, Finance Department, City Hall Annex, 3523 Liberty
Drive, Pearland, Texas 77581.
The successful Bidder must furnish Performance and Payment Bonds as required by Chapter 2253
of the Texas Government Code or other applicable law, as amended, upon the form included in
the Contract Documents, 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", naming the City of
Pearland, Texas as Obligee. Additionally, the successful bidder shall be required to provide a one
year Maintenance Bond for the improvements installed as part of this work, as provided in the
Special Conditions of Agreement.
Equal Opportunity: All responsible bidders will receive consideration for award of contract
without regard to race, color, religion, sex, or national origin.
The contractor, sub-recipient, or sub-contractor shall not discriminate on the
basis of race, color, national origin, or sex in the performance of this contract.
The contractor shall carry out applicable requirements of 49 CFR Part 26 in the
award and administration of DOT-assisted contracts. Failure by the contractor
to carry out these requirements is a material breach of this agreement, which
may result in the termination of this agreement or such remedy as the recipient
deems appropriate.
Nondiscrimination: The City, in accordance with Title VI of the Civil Rights Act of 1964, 78
Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-
Assisted programs of the Department of Transportation issued pursuant to such Act, hereby
notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this
advertisement, minority business enterprises will be afforded full opportunity to submit bids in
response to this invitation and will not be discriminated against on the grounds of race, color, or
08-2018 00100-3 of 4
CITY OF PEARLAND INVITATION TO BID
national origin in consideration for an award.
DBE/SBE Goal: The Disadvantaged Business Enterprise (DBE) goal for this project is 0%. The
Small Business Enterprise (SBE) goal for this project is 0%. DBEs and SBEs selected must be
TxDOT approved. Race neutral participation is encouraged and can be achieved through various
supplier and subcontracting opportunities.
Selection Criteria: The Contract is to be awarded on the basis of Lowest Responsible Bidder. In
identifying this criteria the City will consider: 1) lowest total bid price for all work listed and
specifically requested, including but not limited to: Base Bid, Extra Work items and selected
Alternates. The City of Pearland reserves the right to award a contract based on any combination
of the above considered to be in its best interests or to reject any or all bids.
A bid that has been"opened"may not be changed for the purposes of correcting an error in the bid
price.
Young Lorfing, TRMC
City Secretary,
City of Pearland
First Publication date March 20, 2019
Second Publication date March 27, 2019
08-2018 00100-4 of 4
CITY OF PEARLAND INSTRUCTIONS TO BIDDERS
Section 00200
INSTRUCTIONS TO BIDDERS (LRB)
1. Defined Terms
1.1 The term "Owner" hereinafter is defined as the City of Pearland and is used
interchangeably with the term "the City". Both terms are synonymous and refer to the City of
Pearland and may be used inter-changeably.
1.2 The term "Bidder" means one who submits a Bid Proposal directly to Owner, as distinct
from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the
Lowest Responsible Bidder to whom the Owner (on the basis of Owner's evaluation as
hereinafter provided) makes an award. The term "Bid Documents" includes the Invitation to
Bidders,Instructions to Bidders,the Bid Proposal, and the proposed Contract Documents (plans
and specifications including all Addenda issued prior to bid opening).
1.3 The term "E-bid System"refers to the City's electronic bidding system. This is a web-
based system (Ion Wave) that provides all Bid Documents electronically to interested parties
(potential Bidders and forms the pathway for Bidders to submit bids in response to The Invitation
to Bid. The term "e-bid" and/ or "electronic bid" means the Bidders' electronic response
submitted on the electronic Bid Proposal with all required attachments to the Owner by way of
the E-bid System. The terms "electronic bid" or "e-bid" are used inter-changeably to describe
the above bid submittal process to submit a bid to the City in response to an Invitation to Bidders.
1.4 The term "Pro-Trak" means the City's web-based contract administration and
construction records management software used by the contracting parties to administer the
project. This system serves as the web accessed centralized project information hub for
communications and document management, pay application processing and record retention
for all project documentation. Operational instructions for accessing this system will be issued
to the successful Bidder at the pre-Construction Meeting.
1.5 All other definitions set out in the Contract Documents are applicable to terms used in
the Bidding Documents.
1.6 Unless otherwise expressly provided herein, all references to "day(s)" shall mean
consecutive calendar day(s).
1.7 The term"Alternate(s)"or"Add Alternate(s)" as used here inter-changeably are defined
as an additive work item that may be selected or rejected by the Owner based on the Owner's
sole acceptance or rejection of the price proposed for this item. Alternate bid prices shall include
all labor, material, equipment and overhead costs to perform the work as specified, complete in
place. When selected by the Owner, the costs for an Alternate work item shall be added to the
Base Bid price and made a part of the Contract price.
2. Registration for E-bid System
2.1 The Owner's E-bid System is accessible via the City's web site at
https://pearland.ionwave.net/Login.aspx. Bid documents can be viewed by simply selecting a
specific project from the BID OPPORTUNITIES list and clicking on that project AFTER
registration as a Supplier. Interested Bidders MUST REGISTER as a "Supplier" by clicking on
08-2018 00200- 1 of 9
CITY OF PEARLAND INSTRUCTIONS TO BIDDERS
the Supplier Registration button and completing the registration form. When prompted to add or
remove commodity codes registrants must add the codes listed below:
* Building Construction Services,New(Includes Maintenance and Repair Services)
* Construction Services, General (Includes Maintenance and Repair Services)
* Construction Services, Heavy(Includes Maintenance and Repair Services)
* Construction Services, Trade (New Construction)
Select the appropriate Time Zone for the Bidder's location and whether that location observes
Daylight Savings time. Complete the registration information providing all required contact
information and establish password security for the E-bid System. Once complete, "suppliers"
will receive emails notifying of future bid opportunities. Downloading any project bid data will
automatically place the bidder's contact information on the list of plan holders and the E-bid
System will automatically send any and all updates,addenda, changes or additional information
associated with that project.
2.2 The electronic Bid Proposal can only be submitted through this system. The form can
be printed for Bidder's use, but the Bid Proposal MUST be submitted on the electronic form
within the E-bid System.
2.3 Questions regarding use of the E-bid System may be directed by email to:
ebids(a,pearlandtx.gov.
3. Copies of Bidding Documents
3.1 Complete sets of "electronic" Bidding Documents are available for download to
registered Bidders at No Cost from the City's E-bid System at:
https://pearland.ionwave.net/Login.aspx.Interested Bidders must register as a"Supplier"on this
site in order to receive the Bid Documents, and all Addenda or other notifications of changes,
including communications from the Owner or Engineer. All Bid Documents are available to
download and print.
3.2 The Bidder accepts sole responsibility for ensuring that he obtains a full set of these
documents by completing the registration and executing a full and complete download of the
project documents. Downloading of Bid Documents automatically ensures receipt of any and
all subsequent communications,addenda or additional information from the City or its Engineer.
3.3 Copies of Bidding Documents are available or may be viewed at any of the Plan Houses
listed in the Invitation to Bidders. It is recommended that all interested Bidders,whether bidding
directly to the Owner or Sub-bidders/Vendors providing pricing to a Bidder, register as a
Supplier and download all of the project Bid Documents.
3.4 Complete sets of Bidding Documents must be used in preparing Bid Proposals; neither
Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from
the use of incomplete sets of Bidding Documents including,but not limited to all Addenda issued
prior to bid.
3.5 Owner and Engineer, in making copies of Bidding Documents available on the above
terms, do so only for the purpose of obtaining Bid Proposals on the Work, and do not confer a
license or grant for any other use.
08-2018 00200-2 of 9
CITY OF PEARLAND INSTRUCTIONS TO BIDDERS
4. Qualifications of Bidders
4.1 In determining to whom to award a contract, the City of Pearland may consider, in
addition to the other selection criteria identified in section 16 of these Instructions to Bidders,
the following Qualifications of Bidder, and each Bidder must be prepared to submit within two
(2) days of Owner's request any or all of such Qualifications requested. Failure to provide this
information within the specified time frame may be cause for rejection of the Bid.
1) A brief narrative of previous experience of the Bidder with projects of a similar nature and
scope; specifically including a list of 5 representative projects completed by the Bidder of a
similar nature and scope to the work covered by this proposed Contract. The references for the
projects provided must include the cost of the project,Owner's name,Engineer or prime contact
and telephone number;
2) A list, including owner name and project location, of on-going projects and contracts for
construction of projects of the Bidder which are not yet substantially complete including total
contract value and current percent complete by payment;
3) A list of proposed subcontractors and suppliers for the project being bid and the total value
of work awarded to subcontractors as shown on the Subcontractors List Bid Form;
4) A list of names, address and telephone number of references for other projects completed by
Bidder; and
5)A Financial Statement of Bidder,consisting of the balance sheet and annual income statement
of Bidder for the Bidder's last fiscal year end preceding the submission of the Bid Proposal,
which has been audited or examined by an independent certified public accountant. The
Financial Statement of Bidder shall be used to determine a Bidder's net working capital, which
is defined as current assets less current liabilities. A Bidder's net working capital shall be
considered evidence of the Bidder's ability to provide sufficient financial management of the
project being bid. The Bidder's Financial Statement shall be clearly and conspicuously marked
as "confidential", and shall be deemed and treated as confidential and excepted from the Public
Information disclosure requirements of Texas Government Code Section 552.001 et seq., as
such information, if released, would give advantage to a competitor or bidder, and/or would
cause substantial competitive harm to Bidder.
5. Examination of Contract Documents and Site
5.1 It is the responsibility of each Bidder before submitting a Bid Proposal, to (a) examine
the Bidding Documents thoroughly, (b) visit the site to become familiar with local conditions
that may affect cost,progress,performance or furnishing of the Work, (c) consider federal,state
and local laws and regulations that may affect cost, progress, performance or furnishing of the
Work, (d) study and carefully correlate Bidder's observations with the Contract Documents,and
(e) notify Engineer of all conflicts, errors, omissions or discrepancies in the Contract
Documents,(f)to recognize and plan for use of the City's"Pro-Trak"software to administer the
construction process and perform the work of the project.
5.2 Any reports of explorations and tests of conditions at the site which have been utilized
by the Engineer in preparation of the Contract Documents will be made available to Bidders for
review,but such reports are not part of the Contract Documents. Bidder may not and should not
rely upon the accuracy of the data contained in such reports, interpretations or opinions
contained therein, or the completeness thereof, for the purposes of bidding or construction.
08-2018 00200-3 of 9
CITY OF PEARLAND INSTRUCTIONS TO BIDDERS
5.3 Information and data reflected in the Contract Documents with respect to underground
utilities, equipment or other underground facilities at or contiguous to the site is based upon
information and data furnished to Owner and Engineer by owners of such underground facilities
or others, and Owner does not assume responsibility for the accuracy or completeness thereof
5.4 Before submitting a Bid Proposal, each Bidder will, at Bidder's own expense, make or
obtain any additional examinations,investigations,explorations,tests and studies and obtain any
additional information and data which pertain to the physical 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 and which Bidder deems necessary to
determine its Bid Proposal prices for performing and furnishing the Work in accordance with
the Contract Time, Contract Price and other terms and conditions of the Contract Documents.
5.5 On request in advance, Owner will provide each prospective Bidder access to the site to
conduct such explorations and tests as each prospective Bidder deems necessary for submission
of a Bid Proposal. Prospective Bidders shall fill all holes, clean up and restore the site to its
former condition upon completion of such explorations.
5.6 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, access thereto or contractual
arrangements for use by the Contractor required for temporary construction facilities or storage
of materials and equipment are to be provided by Contractor. Easements for permanent
structures or permanent changes in existing structures are to be obtained and paid for by Owner
unless otherwise provided in the Contract Documents.
i
5.7 The submission of a Bid Proposal will constitute an incontrovertible representation by
Bidder that Bidder has complied with every requirement of this Article 4,that without exception
the Bid Proposal is premised upon performing and furnishing all of the Work required by the
Contract Documents and such means, methods, techniques, sequences or procedures of
construction as may be indicated in, required by or reasonably inferred from the Contract
Documents, and that the Contract Documents are sufficient in scope and detail to indicate and
convey understanding of all terms and conditions for performance and furnishing of the Work.
6. Interpretations and Addenda
6.1 All questions about the meaning or intent of the Contract Documents are to be directed
to Engineer. Interpretations or clarifications considered necessary by Engineer in response to
such questions will be issued by Addenda delivered or transmitted by electronic means to all
registered Bidders in the City's E-bid System. Questions received less than five (5) days prior
to the date for opening of Bid Proposals may not be answered. Only questions answered by
formal written Addenda will be binding. Oral and other interpretations or clarifications will be
without legal effect.
6.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by
Owner or Engineer. Addenda will automatically be made available to all registered Bidders
that have downloaded Bid Documents from the City's E-bid System.
08-2018 00200-4 of 9
CITY OF PEARLAND INSTRUCTIONS TO BIDDERS
7. Bid Security
7.1 Each Bid Proposal must be accompanied by bid security made payable to Owner in
an amount of five percent (5%) of the Bidder's maximum Bid Proposal price, in the form of a
certified check, cashier's check or a Bid Bond("Bid Security").
7.2 Bidders submitting bids through the E-bid System shall scan and up-load a copy of their
Bid Security(sealed Bid Bond,Certified Check or Cashier's Check)as an attachment to their
electronic bid. Original documents for Bid Security shall be requested by the City from the
lowest two bidders and delivered to the City's Purchasing Officer within 48 business hours of
the Bid Opening. Bid Security shall be delivered to: Office of City Purchasing, City Hall Annex,
3523 Liberty Drive, Pearland, Texas 77581.
7.3 The Bid Security of the Successful Bidder will be retained until such time as Bidder has
executed the Standard Form of Agreement,and furnished the required Performance and Payment
Bonds, whereupon the Bid Security of both bidders will be returned. If the Successful Bidder
fails to execute and deliver the Standard Form of Agreement and furnish the required
performance and payment bonds within ten (10) days after the Notice of Award, Owner may
annul the Notice of Award and shall be entitled to make a claim against the Bid Security. The
Bid Security of other Bidders will be retained until the Contract is awarded and the Standard
Form of Agreement becomes effective, or all bids are rejected, whereupon Bid Security
furnished by all such Bidders will be returned.
8. Contract Time
8.1 The number of days in which the Work is to be Substantially Completed, as set forth in
the Bid Proposal form and the Standard Form of Agreement, subject to such extension of time
as may be due under the terms and conditions of the Contract Documents ("Contract Time").
All references to "time" or"days" shall be interpreted as consecutive calendar days.
9. Liquidated Damages and Early Completion Bonus
9.1 Provisions for liquidated damages and early completion bonus, if any,are set forth in the
Standard Form of Agreement.
10. Substitute or "Or-Equal" Items
10.1 The Contract, if awarded, will be on the basis of the specified materials and equipment
described in the Plans and Specifications without consideration of possible substitute or "or-
equal" items unless otherwise stated. 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 the Contractor if acceptable to Engineer, application for such acceptance will not be
considered by Engineer until after the Agreement becomes effective. All "or-equal" references
shall be interpreted to mean "or Owner approved equal". Any substitution made by the Bidder
upon which the bid is based shall be at the Bidder's sole risk. The procedure for submission of
any such application by Contractor and consideration by Engineer is set forth in the Contract
Documents.
08-2018 00200-5 of 9
CITY OF PEARLAND INSTRUCTIONS TO BIDDERS
11. Bid Form
11.1 The Bid Proposal form (Section 00300 — Bid Proposal) is included with the Bidding
Documents when downloaded. This Document must be printed and signed, as required below,
and then uploaded as an Attachment to the Bid.
11.2 All E-bids must be submitted on the City's official E-bid System Bid Proposal document.
All blanks on the Bid Proposal form must be completed or filled in. The Bidder shall bid all
Alternates, if any. Incomplete Bid Proposals may be cause for rejection.
11.3 Bid Proposals by corporations must be executed in the corporate name by the president
or a vice-president(or other corporate officer accompanied be evidence of authority to sign)and
the corporate seal must be affixed and attested by the secretary or an assistant secretary. The
corporate address and state of incorporation must be shown below the signature. Once executed
the document is to be uploaded as an attachment to the Bid.
11.4 Bid Proposals by partnerships must be executed in the partnership name and signed by a
general partner, whose title must appear under the signature, and if a corporate general partner,
executed as required above for corporations and the official address of the partnership must be
shown below the signature. All names must be typed or printed below the signature. Once
executed the document is to be uploaded as an attachment to the Bid.
11.5 The Bidder shall acknowledge receipt of all Addenda (the number of which must be
filled in on the Bid Proposal form). Failure to do so could be cause for rejection of the Bid.
11.6 The address and telephone number for communications regarding the Bid Proposal must
- be shown on the Bid Proposal form.
12. Submission of Bid Proposals
12.1 The place, date and/or time designated for opening Bid Proposals may be changed in
accordance with applicable laws, codes and ordinances. Any such changes to the Bid Schedule
shall be made by Addenda.
12.2 Electronic Bids shall be submitted per the requirements, instructions, terms and
conditions as stated in the registration and submittal instructions of the City's E-bid System
electronic bidding software. All Bidders utilizing this system MUST register as a potential
supplier, (Bidder). E-Bids are submitted directly via the City's Web based system located at
https://pearland.ionwave.net/Login.aspx.
12.3 Bid Proposals submitted after the bid date and time will be rejected.
13. Modification and Withdrawal of Bid Proposals
13.1 Prior to submission, E-bid Bid Proposals may be modified or withdrawn without
prejudice.
13.2 Once submitted, Bid Proposals may only be modified by an appropriate document duly
executed (in the manner that a Bid Proposal must be executed) and delivered to Office of City
Purchasing, City Hall Annex, 3523 Liberty Drive, Pearland, Texas 77581 and submitted any
time prior to the opening of Bid Proposals.
08-2018 00200-6 of 9
CITY OF PEARLAND INSTRUCTIONS TO BIDDERS
13.3 A Bidder may not modify or withdraw its Bid Proposal by facsimile or verbal means. A
withdrawn Bid Proposal may be resubmitted prior to the designated time for opening Bid
Proposals. 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.
13.4 If,within twenty-four(24)hours after Bid Proposals 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 mistake in the preparation of its Bid Proposal,
that Bidder may request to withdraw its Bid Proposal and the bid security may be returned or, at
the discretion of the Owner, Owner may make a claim against the bid security. Thereafter, that
Bidder will be disqualified from further bidding on the Project to be provided under the Contract
Documents.
13.5 Bid securities for unsuccessful Bidders will be returned to bidders once a successful
Bidder has be identified and notified of the Owner's intent to award a contract.
14. Opening of Bid Proposals
14.1 Bid Proposals will be opened and(unless obviously non-responsive)read aloud publicly.
An abstract of the amounts of the base Bid Proposals and major alternates (if any)will be made
available to Bidders after the opening of Bid Proposals through E-Bid. Bid Proposals, in their
entirety, shall be open for public inspection after the contract is awarded, with the exception of
any trade secrets or confidential information contained therein, provided Bidder has expressly
identified any specific information contained therein as being trade secrets or confidential
information.
15. Bid Proposals to Remain Subject to Acceptance
15.1 All Bid Proposals will remain subject to acceptance for ninety(90) days after the day
of the Bid Proposal opening,but Owner may,in its sole discretion,release any Bid Proposal and
return the bid security prior to that date.
16. Award of Contract
16.1 Owner reserves the right to reject any and all Bid Proposals, to waive any and all
informalities not involving price, time or changes in the Work and to negotiate contract terms
with the Successful Bidder. Owner may reject a bid as non-responsive if: 1) Bidder fails to
provide required Bid Security; 2) Bidder improperly or illegibly completes or fails to complete
all information required by the Bidding Documents; 3) Bidder fails to sign the Bid Proposal or
improperly signs the Bid Proposal; 4) Bidder qualifies its Bid Proposal; 5) Bidder tardily or
otherwise improperly submits its Bid Proposal; 6) Bidder fails to submit the Qualifications of
Bidder as required under section 4 of these Instructions to Bidders; or 7) Bid Proposal is
otherwise non-responsive. Contracts are awarded on the basis of the Lowest Responsible
Bidder.
16.2 The Bidder agrees to submit to the Owner the Qualifications of Bidder, including the
Financial Statement of bidder, if requested to do so. As required by the Instructions to Bidders
and as a condition of Bid acceptability, the Contractor hereby agrees: - -
08-2018 00200-7 of 9
CITY OF PEARLAND INSTRUCTIONS TO BIDDERS
1. That the City, as Owner and Contract Administrator, retains the right to review
and approve the Contractor's and all Subcontractors' qualifications to perform
the Work of the Contract and to reject any Subcontractor not meeting the City's
standards, as outlined in the General Conditions, or TxDOT's and FHWA
qualifications for performing the Work.
16.3 Lowest Responsible Bidder. In determining Lowest Responsible Bidder, Owner will
consider: Lowest Total Bid price for all work including Base Bid, Extra Work, Add Alternates
and Cash Allowances, if any, and any other cost criteria. Additional evaluation criteria may
include: the Qualifications of the Bidders, whether or not the Bid Proposals comply with the
prescribed requirements, and such alternates, unit prices and other data, as may be requested in
the Bid Proposal form or prior to the Notice of Award. Discrepancies in 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.
16.4 A contract to be awarded to the Lowest Responsible Bidder may be let on either a lump
sum basis or a unit cost basis dependent on the Bid Proposal format.
16.5 Acceptance of any and all bids may be conditioned on compliance with the requirement
for attendance of the mandatory pre-bid meeting.
16.6 In either case, Owner may conduct such investigations as Owner deems necessary to
assist in the evaluation of any Bid Proposal and to establish the responsibility,qualifications and
fmancial ability of Bidders, proposed Subcontractors, suppliers and other persons and
organizations to perform and furnish the Work in accordance with the Contract Documents, to
-` Owner's satisfaction, within the Contract Time.
16.7 Each Bidder agrees to waive any claim it has or may have against the Owner, the
Professional/Engineer, and their respective employees, arising out of or in connection with the
administration, evaluation, or recommendation of any bid.
17. Contract Security
17.1 When the Successful Bidder delivers the executed Standard Form of Agreement to
Owner, it must be accompanied by the Performance, Payment, Maintenance and Surface
Correction Bonds required by the Contract Documents. Bonds may be on the forms provided
herein or an equal form containing no substantive changes, as determined by Owner.
18. Signing of Agreement
18.1 When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied
by the required number of unsigned counterparts of the Standard Form of Agreement, and the
required Performance and Payment Bond forms. Within ten (10) days thereafter Contractor
shall sign and deliver the required number of counterparts of the Standard Form of Agreement
to Owner with the required Bonds. Within ten (10) days thereafter, Owner shall deliver one
fully signed counterpart to Contractor. There shall be no contract or agreement between Owner
and the Successful Bidder until proper execution and attestation of the Standard Form of
{ _ / Agreement by authorized representatives of the Owner.
08-2018 00200-8 of 9
CITY OF PEARLAND INSTRUCTIONS TO BIDDERS
19. Pre-bid Conference
19.1 A pre-bid conference will be held as indicated in the Invitation to Bid.
20. Retainage
20.1 Provisions concerning retainage are set forth in the Contract Documents.
END OF SECTION
08-2018 00200-9 of 9
CITY OFFEARLAN.D BIDPROPOSAL
)
Section.00300
BID PROPOSAL
Lowest Responsible Bid
Date: 418/2019
Bid Of TDC2,LLC
a
corporationdrganized and existing under:die laws of the State.of Texas
, for the,construction of:
Fiber Backbone-Dixie:fartn Road
(FM 5:18 to:Longwood TreatmentPlant)
City of rearlandi Texas
COP PN;FAI.802
Old Alvin Rd Widening
(Fiber Optic.Network Connection„Plan).
City of Pearland,Texas.
COPPN:T20002:
Fiber Backbone-.Pearland Parkway
(Oiler Dr to John„Lizer to City„
City of Pearland,Texas
COP PN: FA191:31.
BID NO.:-0319-30
•
(Submitted in Electronic format)
To: The Honorable Mayor and City Council:of Pearland
City,OfPearland
3519 Liberty priye
Pearland, Texas 775:81
Pursuannothepublished invitation to Bidders,and Instructions to Bidders;:the:undersigned Bidder
hereby proposes to oeffohn. all the. work and 'furnish all necessary superintendence, „labor,
machinery,eqnipmpti tools and materials, and whatever else may be necessary to orivipte;44the:
work described in.„Orreasonably inferable from the Contract Documents:forthe construction of the,
Fiber Backbone Farm Road (FM 518 to Longwood Treatment.114.0) Aivin Rd
Widening (Fiber Optic Network Connection Plan),and Fiber BaclOnue:.1Peailan4 Parkway
(Oiler Dr to John to City Hall) with all..related appurtenances, 'OtiMplete, tested, and
operational, in accordance with the Plans and Specifications prepared by •Kgrt:F.,RothOttiVI,
P.E, PTOE, Cobb, Fendley & Associates, Inc., 1920 'Country Place 'Parkway,. Suite '310
Peat landi TX 77584 for to Unit prides or applicable iirides.Setforth in EXhibit..."g!;:theeleCtibilid
bid formas contained in the City's'E-bid system, which; once fully executed. and .submitted
Shall constitute a legal :and executable proposal from the Bidder. It isunderstood that, in the: •
event any changes are ordered on any pattdf the work,the.applicableunit prices bid shall as
additions to ordeductions„from the total prices for the parts of the Work sochanged,
The Bid Security required under the Instructions to Bidders isincluded and has been uploaded asap.
attachment Within the E-bid system and,that a fully executed,Signed and sealed hard copy has been
delivered to the Office of City Purchasing, Finance Department, City Hall Annex 3523 Liberty
„Drive,Pearland,Texas 77581.
Bidder's
10,201:7 04 Of 3
(---) .C177 OF PEARLAND IND PROPOSAL .
The Bidder agrees to submit to the Owner the Qualifications of Bidder, including the Financial
Statement of Bidder, as required by the Instructions to Bidders if reqtiested to do so as a condition
pf the Bid:process
The Bidder binds himself; upon acceptance of his proposal, to execute the .Standard Form, of
Agreement and furnish n acceptable Performance and Payment Bond.and Maintenance Bond,each
in the amount of one hundred percent,(100%) of the total Contract Price, according to;the forms,
included in the.Contraot Doeunients,for performing and completing the said.work within the time
statedand for the prices stated in Exhibit A of this proposal along with all reqnired,insUrancein.the.
required amounts.
Bidder's InitiArs:
0-.2017 QQ300=ZOO
_ .
CITY OF.PEARLAND BID PROPOSAL
_ .
The undersigned Bidder agrees to,Comnierice work-within III days oithe date..of a written NOtice.to-
Proceed. It is understood that the Work is to be Substantially Complete within 300 days after the
date of the Notice.tiProteed. Time for Substantial Completion shall begin on the date established
by the Notice to Proceed. The Contractor will pay liquidated damages in.the amount(s):Specified
in Section 00500 — Standard Foto of Agreement, in the event the Work is not Substantially
Complete Within The:Contract Time,
The undersigned agrees that the amounts bid in thisBid Proposal will not be WithdraWn or modified
for ninety 00YdayS following date of Bid„Proposal opening,or such longer periodas:rnay be agreed ,
to in writing by the City of Pearland'and Bidder: .,
It is..understood that in the event the Successful Bidder fails to enter into the Standard'.Portil of
Agreement And/or to furnish an acceptable Performance and Payment Bond and Maintenance Bond i
if required, each in the'amount of one hundred(100)percent of the Contract Price, along with all
required insurance in:the:Stated artiOnntS Within ten(10)days of the Notice'of Award;the Successful
Bidder will foil-eh the Bid Security as provided in the Instructions to Bidders.
;Unless Ptheriviseexpressly proVided.herein,all references to clay(s)",shall ineancalendar day(S).
The Bidder acknowledges that the following Addenda have been received. The modifications to
the Bidding Documents noted therein have been considered and all costa tberdto are included in the
Bid PrOposalpriceS.
,-- ,
./t-
, \ Addendum-No.: 4 Date:04/01/19 Addendum No::• bate:
— '
Addendum No:: 2- Dat:'04/0311 9 (,..1-----Addendum No,: bath:
idder hereby represents thatthennlyperson or parties interested in this offer as principalsare those
named. Bidder has not directly or indirectly entered into any agreement participated in any
c011usion, 6Therviise fkkenaqaction in restraint of free competitive bidding.
Firm:Name:,,TDC2, LLC
94f B ;
Title
Tifle:Vice President
Address:634N Ballard Ave,Wylie.TX 75098
Phone NO: 97244,90..89
Ar'8ST:
Z\r\c-A,547;\ VAdv-\ ‘ cit-'cc3\\ (Seal,:ifBiddeis a:.Corporfiiiim)
>,Red orPinted N'aine) .
)4\1 ..\.k.a.5.._i•\-•k.ty-e-,,:\N. . c
Signature \ .
Date:
\
END OF SECTION
,,-
10.2017 .00300-.3f3 0309-. c?f3
CITY OF PEARLANI}
PROPOSAL
PROPOSAL FORM
PART B
FIBER BACKBONE-DIXIE'FARM ROAD(FM 518 TO LONGWOOD TREATMENT PLANT)
Quantity UOM Description Spec Reference; UnitPrice Total.Amount
Site.Preparation
Base Bid &Earthwork
I 1. LS MOBILIZATIONMAXIMUM
� 3%) 1505 $1,000,00. $1;000.00
2 I LS 'TRAFFIC CONTROL AND REGULATION 1555 $1",200,00 $1,200.00
Base Bid Signalization
3 220 LF MULTI-DUCT CONDUIT(RMC 4"W/4-1"INNER DUCTS) TxDOT-618 ; $28.00 $6,160.00
4 .6,110 LF MULTI-DUCT CQNDUIT(HDPE 4"W/4-1"INNER DUCTS)
(BORED)(ORANGE) TxDOT-61.8 $20,50 $125,255.00
5 5 LP CONDUIT:(HDPE;2')(ORANGE) TxDOT-618 ! $15.00 $75,00
6 23 EA GROUND BOX TY 2(243636)'W/APRON TxD.OT-624 ; $2,165.00 $49,795.00
7 1 EA FIELD ETHERNET SWITCH' BID ITEM 0001 $225.00 $225.00
8 3 EA FIBER OPTIC SPLICE.ENCLOSURE-UNDERGROUND,
WATERPROOFS TxDOT-6007 $2,821,00 $8,463.00
9 26 EA POLI-MOD PATCH AND SPLICE MODULE'_ BID ITEM 0002; $646.40 $16,806.40
10 5,050 LF FIBER OPTIC CBL(SNGLE=MODE)(12 FIBER) TxDOT-6007 ! $1.28 $6,464.00
11 7,470 LF FIBER OPTIC CBL(SNGLE-MODE)(96 FIBER) TxD.OT-6007 $1.88 $14,043.60
12 17 EA FIBER OPTIC CABLE ROAD MARKER TxDOT-6007 ! $66:90. $1,137.30
BBU SYSTEM(EXTERNAL BATTCABINET)-
13 3 EA CABINET/POWER SOURCE ONLY-FOR FIBER SYSTEM BID ITEM 0003;
USE ; $5,475.00 $16,425.00
14 1 EA FIBER OPTIC PATCH PANEL(144 POSITION)RU-4 BID ITEM 0004 $551.20 $551.20
15 2 EA FIBER OPTIC PATCH PANEL(_144 POS!TION)RU-5 BID ITEM 0005 $455,20 . $910.40
16 2 EA FIBER OPTIC PATCH PANEL(24 POSmON) _ BID ITEM.00061 $794.00 $1588.00
NOTE: 1. Field Ethernet Switch'will be supplied by the City.
2.Number of splice enclosures to be determined by length of fiber cable run lengths which may vary. Fiber cable run lengths
shall be approved by the City.:The costof the splices within the enclosures are incidental to the cost of the enclosure:
3:The cost'of the splices within the poll-mod,patch and splice modules are incidental tothe cost of the module..
77
Bidder's Initials:
00300-Pert B-1 of 3
CITY OF'PEARLAND
PROPOSAL
PROPOSAL FORM
PART B.
OLD ALVIN RD WIDENING(FIFER OPTIC NETWORK CONNECTION PLAN)
Quantity QOM Description Spec Reference Unit Price Total Amount
Base Bid Site Preparation.
&Earthwork
1 1 LS MOBILIZATION(MAXIMUM 3%) . 1505 1 $1;000,00 $1;000.00
2 1 LS TRAFFIC CONTROL AND REGULATION 1555 $1,20040 $1,20000
Base Bid Signnlization
3 1,950 LF MULTI-DUCT CONDUTT(IIDPE 4"WI 4-1"INNER DUCTS) TxDOT-618
(BORED)(ORANGE) $20.50 $39.975.00
4 7 .. EA GROUND.BOX IV 2(243636)W/APRON. TxDOT-624 $2,165.00 $15,155,00
5 2 EA FIELD ETHERNET swam rCI I BID ITEM 00011: $225.00 $45040
6 16 EA POLI-MOD.PATCH AND SPLICE MODULE .. . BID ITEM 0002; $646,40 .. $10,342.40
7 2,750 LF FIBER OPTIC CBL(SNGLE-MODE)(96 FIBER)` TxDOT-6007 ! $1.88 $5,170.00
8, 10 EA FIBER OPTIC CABLE ROAD MARKER . . . TxDOT-6007 + $66.90 $669,00
9 2 EA FIBER OPTIC PATCH PANEL(144 POSITION)RU-4 I31D.1TEM 0004;:. $551.20 $1,102.40
®vim
NOTE: 1.. F:ield'Ethernet Switch will be supplied by the City.
2. Number of splice enclosures to be determined by length offiber cable run lengths which may vary. Fiber cable run lengths
shall be approved by the City.The cost of the splices within the enclosures are incidental to the cost of the enclosure.
Bidder's Initials: CL ..__.
00300-Part B-2 of 3
•
i
CITY OF•PEARLAND • PROPOSAL
PROPOSAL FORM
PART.B
FIBER BACKBONE-PEARLAND PARKWAY(OILER DR TO JOHN LIZER.TO CITY`HALL)
i.
QuantityUOM Description .
Spec Referenc
e Unit Price Total Amount
Baa Bid
Site Preparation: I
&Earthwork
1 1 LS. MOBILIZATION(MAXIMUM 3%0) 1505 $1,000.00 $1,000:00
2 1 LS TRAFFIC CONTROL AND REGULATION 1555 ! $1,200.00 $1.,200.00
Base Bid . Signalization
3;
3' 90 LF MULTI-DUCT CONDUIT(RMC 4"W/4-1"INNER DUCTS) TxDOT-618" $28.00 $2,520:00
4 7,650 LF MULTI-DUC.T•CONDUIT(HDPE 4" Wf 4-1"INNER DUCTS)
(BORED)(ORANGE) TxDOT-618;' $20.50 $156,825.00
5 28. EA GROUND BOX TY 2(243636)W/APRON TxDOT-6241 $2,165.00 $60.620.00
6 1 EA FIELD ETHERNET SWITCH BID ITEM 0001 $225.00 $225.00
7 34 EA POLI-MOD PATCH AND SPLICE MODULE . . BID ITEM 0002 $646:40 $21,977.60
8 4,180 LF FIBER OPTIC CBL(SNGLE-MODE)(12 FIBER) TxDOT-6007 $1.28 $5,350A0
9 17,850 LF ' FIBER OPTIC CBL(SNGLE-MQDE)(96 FIBER) TxDOT-6007 $1.68 $33,588.00
10 32 EA FIBER OPTIC CABLE ROAD MARKER MOT-6001 $66.90 $2,140:80
11 1 EA 13BU SYSTEM(EXTERNAL BATT CABINET)- BID ITEM 0063
CABINET/POWER SOURCE ONLY-FOR FIBER SYSTEM USE $5,475.00 S5;475ti00
12 1 EA FIBER.OPTIC PATCH PANEL(144 POSITION)RU-4 BID ITEM 0004 $551.20 $551.20'
13 1 _..... EA FIBER OPTIC PATCH PANEL(144 POSITION)RU-5 BID ITEM 0005 $455.20 $455.20
14 2 EA FIBER OPTIC PATCH PANEL(24 POSITION) BID ITEM 0006. $794.00 $1,586.00
15 8 EA LCORNING EDGE SPLICE CASSETTE SM BID ITEM 0007 $770.00 $8,16o.o0
NOTE: I. Field Ethernet.Switch will be supplied by the City.
2. Number of splice enclosures to be determined by length of fiber cable run lengths which may vary. Fiber cable run lengths
shall be approved by the City.The cost of the splices within the enclosures are incidental to the cost of the enclosure.
is
.
Bidder's Initials`` .__.x-
00300.-Part B 3 of 3
THE AMERICAN INSTITUTE OF ARCHITECTS
t(Hi
-�:� r1
AIA Document A310
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that we TDC2, LLC
as Principal, hereinafter called the Principal, and Developers Surety and Indemnity Company
a corporation duly organized under the laws of the State of Iowa
as Surety, hereinafter called the Surety, are held and firmly bound unto City of Pearland, TX
as Obligee, hereinafter called the Obligee, in the sum of five percent(5%) of amount bid
Dollars ($ 5% A.B.), for the payment of which sum well and truly to be made, the said Principal and the said Surety,
bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
presents.
WHEREAS, the Principal has submitted a bid for
Pearland - Dixie Farm Road, Old Alvin Rd and Pearland Parkway Fiber
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract
with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the
bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for
the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the
Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference
not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the
Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation
shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this 9th day of April, 2019.
TDC2, LLC
6YI1 fe// ( / iinci al) (Seal)
(Witness)
/�� �/�
(Title)
Developers Surety and Indemnity Company
f if (`urety) (Seal)
41714gIU
,/�( Sharon Cavanaug Attorn:y-in-Fact
K•u `ney -e, n )
AIA DOCUMENT A310•BID BOND•AIA®•FEBRUARY 1970 ED•THE AMERICAN
INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006 1
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO Box 19725,IRVINE,CA 92623 (949)263-3300
KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each
hereby make,constitute and appoint:
***Gloria M.Villa, David R. Groppell, Sharon Cavanaugh, Beverly A. Ireland, Sharen Groppell, Roxanne G. Brune, Francine Hay, Kurt
A. Risk,jointly or severally***
as their true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of
suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as
each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact,pursuant to these
presents,are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008.
RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any Vice President of the
corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attorney(s)named in the Power of Attorney to execute,on behalf of the
corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized
to attest the execution of any such Power of Attorney;
RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective officers and attested by their respective Secretary or Assistant Secretary this 4th day of October,2018.
c ,.� 4�AND vkPANd
By: /N Daniel Young,Senior Vice President J� •o OFt4 •F?� � Ptd
�:. 1.•aCy yl
1936 `{` ° .5 H
o 'o, u+ 9567
) By. G� L� >�•.°gcrFOR�':�'a•
Mark Lansdon,Vice-President ••••••••t,�?/ v 41FtyP y
04(51..,,,,.
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California
County of Orange
On October 4,2018 before me, Lucille Raymond,Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Daniel Young and Mark Lansdon
Name(s)of Signals)
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of
�•, LUCILLE RAYMOND which the person(s)acted,executed the instrument.
Notary Public•California
+ = Orange County I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
Commission#2258185 true and correct.
C."' My Comm.Expires Oct 13,2022
WITNESS my hand and official seal.
Place Notary Seal Above Signature /f
Lucille`t y ond,Notary Public
CERTIFICATE �/
The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby
certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of
said corporations set forth in the Power of Attorney are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine,California,this 9th day of April , 2019 . w ANO�No cop AN p'`,
c. � '` 1936 {` 1 acs.s
By: tt :u'a: :nom iu @G7
Cassie J. rrisford,Assistant Serritary i� .• r
*
ATS-1002(10/18) ',�?�o �,,,
r-�
IMPORTANT NOTICE AVISO IMPORTANCE
To obtain information or make a complaint: Para obtener information o para sorneter una queja:
You may call the Surety's toll free telephone number listed puede Hamar al numero de telefono gratis de
for information or to make a complaint at: para informacion o para someter una queja al:
1-800-782-1546 1-800-782-1546
You may also write to the Surety at: listed tambien puedeeseribir al Surety:
P.O.Box 19725 P.O.Box 19725
Irvine,CA 92623-9725 Irvine,CA 92623-9725
You may contact the Texas Department of Insurance Puede comunicarse con el Departamento de Seguros
to obtain information: on companies, de Texas para obtener inforntacion acerca de compa-
coverage,rights or complaintsat: nias,coberturas,derechos o quejas al:
1-800-252-3439 1-800-252-3439
You may write the Texas Department of Insurance at: Puede escribir al Departmento de Seguros de Texas:
P.O.Box 149104 P.O.Box 149104
Austin,TX 78714-9104 Austin,TX 787149104
f ) Fax#512-475-1771 Fax#512-475-1771
web:http:ffwww.tdi.state.tx.us web::http://www tdi.state.tx.us
E-mail:ConsumerProtection@tdi.state.tx.us E-mail:ConsumerProtection@tdiatate.tx.us
PREMIUM OR CLAIM DISPUTES: Should you DISPUTAS SOBRE PRIMAS 0 RECLAMOS:
have a dispute concerning your premium or about a Si bene una disputa concerniente a su prima o a un
claim you should contact the Surety first. If the redamo,debe comunicarse con el Surety primero.Si
dispute is not resolved,you may contact the Texas no se resuelve la disputa, puede entonces.eomuni-
Department of Insurance. carrse con el departamento (TDM).
ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTEAVISOA SU POLIZA:Este aviso es solo
This notice isfor information only and does not para proposito de informacion y no se convierte en
become a part or condition of the attached document. parte o condicion del documento adjunto.
A : -trnTrust surety
aaat An AmTrust Financial Company
Developers Surety and indemnity Company
Indemnity Company of California
CorePointe insurance Company
17771 Cowan, Suite 100
Irvine,CA 92614
1-800-782-1546
WW Art TrustSurety:corn
ID-1404(TX)(Rev.4115)
CITY OF PEARLAND STANDARD FORM OF AGREEMENT
Section 00500
STANDARD FORM OF AGREEMENT
THIS AGREEMENT is by and between City of Pearland(hereinafter called OWNER or City) and
T i%-� i LLC (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR,in consideration of the mutual covenants hereinafter set forth, agree
as follows:
Article 1. WORK
CONTRACTOR shall complete all work as specified or indicated in or reasonably inferable
from the Contract Documents(hereinafter the"Work"). The Work is generally described as
follows:
Fiber Backbone-Dixie Farm Road
(FM 518 to Longwood Treatment Plant)
City of Pearland, Texas
COP PN: FA1802
Old Alvin Rd Widening
(Fiber Optic Network Connection Plan)
City of Pearland, Texas
COP PN: T20002
Fiber Backbone—Pearland Parkway
(Oiler Dr to John Lizer to City Hall)
City of Pearland, Texas
COP PN: FA1901
BID NO.: 0319-30
Article 2. ENGINEER
The Work has been designed by Cobb, Fendley & Associates, Inc., 1920 Country Place
Pkwy#310,Pearland,,Texas 77584 (Karl Rothermel,P.E.,PTOE)who is hereinafter called
ENGINEER and who is to 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 TIME
3.1 The Work will be Substantially Complete (as defined in Article 1 of the General
Conditions)within ninety(90)days (including weekends and holidays)from the date
when the Contract Time commences to run as provided in paragraph 5.01 of the
General Conditions (as revised in the Special Conditions if applicable), and
completed and ready for Final Payment within one hundred fifty(150) days from the
date when the Contract Time commences to run. No work will be allowed on
Sundays.
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CITY OF PEARLAND STANDARD FORM OF AGREEMENT
32 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is
not completed within the times specified in paragraph 3.1 above,plus any extensions
thereof allowed in accordance with Article 5 of the General Conditions. OWNER
and CONTRACTOR also recognize the delays, expense, and difficulties involved
in proving in a legal or arbitration preceding the actual loss suffered by OWNER if
the Work is not completed on time. Accordingly, instead of requiring any such
proof, OWNER and CONTRACTOR agree that as liquidated damages for delay
(but not as a penalty) CONTRACTOR shall pay OWNER five hundred dollars
($500.00) for each day that expires after the time specified in paragraph 3.1 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 set out in the Certificate of Substantial Completion
or any proper extension thereof granted by OWNER, CONTRACTOR shall pay
OWNER five hundred dollars ($500.00) for each day that expires after the time
specified in the Certificate of Substantial Completion for completion and readiness
for Final Payment.
33 Inspection Time. Working hours for the Pearland Inspection personnel are from 7:30
a.m. to 4:30 p.m., Monday through Friday, excluding City approved holidays. The
Contractor shall notify the OWNER of any required inspection overtime work at least
48 hours in advance and shall pay the overtime wages for the required City
inspections.
Article 4. CONTRACT PRICE
4.1 OWNER shall pay CONTRACTOR for completion of the Work in strict accordance
with the Contract Documents in current funds$624,808.90(the"Contract Price").
The Contract Price includes the Base Bid as accepted by OWNER as shown in
Document 00300—Bid Proposal.
Article 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with Section 6.0
"Measurement and Payment" of the General Conditions. Application for Payment will be
processed by ENGINEER as provided in the General Conditions.
5.1 Progress Payments. OWNER shall make progress payments on account of the
Contract Price on the basis of CONTRACTOR's Application for Payment as
recommended by ENGINEER as provided below. All progress payments will be on
the basis of the progress of the Work and actual quantity of Work completed, in
accordance with Article 6 "Measurement and Payment" of the General Conditions.
5.1.1 Prior to Substantial Completion, progress payments will be made in an
amount equal to the percentage or actual quantity of Work complete, 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 the General Conditions. The OWNER shall make payment
4-2015 00500-2 of 7
CITY OF PEARLAND STANDARD FORM OF AGREEMENT
within 30 days of receipt of application for payment by the ENGINEER.
5.12 Each progress payment shall be less retainage as specified in Paragraph 6.06
of the General Conditions, and further less all previous payments and all
further sums that may be retained by the OWNER under the terms of this
Agreement. It is understood, however, that in case the whole work be near to
completion and some unexpected and unusual delay occurs due to no fault or
neglect 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 payment of the
balance due him under the contract subject only to the conditions stated
under"Final Payment."
52 Final Payment. Upon final completion and acceptance of the Work in accordance
with paragraph 6.09 of the General Conditions, OWNER shall pay the remainder of
the Contract Price as recommended by ENGINEER as provided in said paragraph
6.09.
Article 6. INTEREST
Interest on any overdue payment from OWNER to CONTRACTOR shall be paid in
accordance with the provisions of Chapter 2251.025 of the Texas Government Code, as
amended.
Article 7. CONTRACTOR'S REPRESENTATIONS
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the
following representations:
7.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract
Documents, Work, site, locality, and all local conditions and Laws and Regulations
that in any manner may affect cost,progress,performance,or furnishing of the Work.
72 CONTRACTOR has studied carefully all available surveys, assessments, reports of
explorations, investigations, and tests of subsurface conditions and drawings of
physical conditions of the site. Such technical reports and drawings are not Contract
Documents, and Owner makes no representations or warranties as to the accuracy of
such documents or information, or to whether or not they are complete,
comprehensive, or all-inclusive.
7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for
obtaining and carefully studying)all such examinations, investigations, explorations,
tests, reports, and studies (in addition to or to supplement those referred to in
paragraphs 7.2 above) which pertain to the subsurface or physical conditions at or
contiguous to the site or otherwise may affect the cost, progress, performance or
furnishing of the Work, and CONTRACTOR assumes the risk of such subsurface
and physical conditions, and shall furnish the Work at the Contract Price, within the
Contract Time and in accordance with the other terms and conditions of the Contract
4-2015 00500-3 of 7
CITY OF PEARLAND STANDARD FORM OF AGREEMENT
Documents; and no additional examinations, investigations, explorations, tests,
reports, and studies or similar information or data are or will be required by
CONTRACTOR for such purposes.
7.4 CONTRACTOR has reviewed and checked all information and data shown or
indicated on the Contract documents with respect to existing underground facilities
at or contiguous to the site and assumes responsibility for the accurate location of
said underground facilities. No additional examinations, investigations,
explorations, tests,reports, studies or similar information or data in respect of said
underground facilities are or will be required by CONTRACTOR in order to
perform and finish the Work at the Contract Price, within the Contract Time and in
accordance with the other terms and conditions of the Contract Documents.
75 CONTRACTOR has correlated the results of all such observations, examinations,
investigations, explorations, tests, reports, and studies with the terms and conditions
of the Contract Documents.
7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or
discrepancies in the Contract Documents of which Contractor knew or should have
known, and CONTRACTOR shall perform the Work at the Contract Price, within
the Contract Time and in accordance with the other terms and conditions of the
Contract Documents, including any written resolution of any such conflict, error or
discrepancy by ENGINEER. In the event of a conflict that was not brought to the
OWNER's or ENGINEER's attention prior to the bid, the CONTRACTOR is
assumed to have bid the most expensive alternative.
Article 8. CONTRACT DOCUMENTS
The Contract Documents, which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work, consist of the following, each of which are
incorporated herein by reference:
8.1 Standard Form of Agreement (Section 00500).
8.2 Performance, Payment, and/or Maintenance Bonds (Sections 00610, 00611, and
00612).
8.3 General Conditions of Agreement (Section 00700), including Attachment No. 1
Workers' Compensation Insurance Coverage,Attachment No.2 Agreement for Final
Payment and Contractor's Sworn Release, and Attachment No. 3 Owner's Insurance
Requirements of Contractor.
8.4 Special Conditions of Agreement(Section 00800).
8.5 Plans, consisting of sheets numbered 1 through 55 inclusive with attachments with
each sheet bearing the following general title: Network Connection Plan Fiber
Backbone -Dixie Farm Road (FM 518 to Longwood Treatment Plant)
8.6 Plans, consisting of sheets numbered 1 through 41 inclusive with attachments with
each sheet bearing the following general title: Old Alvin Rd Widening (Fiber Optic
4-2015 00500-4 of 7
CITY OF PEARLAND STANDARD FORM OF AGREEMENT
Network Connection Plan)
8.7 Plans, consisting of sheets numbered 1 through 54 inclusive with attachments with
each sheet bearing the following general title: Fiber Backbone— Pearland Parkway
(Oiler Dr to John Lizer to City Hall)
8.8 Instructions to Bidders and CONTRACTOR's Bid Proposal, including any Addenda
referenced therein.
8.9 Technical Specifications for the Work.
8.10 The following, which may be delivered or issued after this Agreement becomes
effective: Any Change Orders or other documents amending, modifying, or
supplementing the Contract Documents in accordance with the General Conditions.
There are no Contract Documents other than those listed above in this Article 8. The
Contract Documents may only be amended, modified or supplemented as provided in the
General Conditions.
Article 9. MISCELLANEOUS
9.1 Terms used in this Agreement which are defined in Section 1, "Definitions and
Interpretations" of the General Conditions will have the meanings indicated in the
General Conditions.
92 No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the
party sought to be bound; and specifically but without limitation moneys that may
become due and moneys that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law), and
unless specifically stated to the contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
93 OWNER and CONTRACTOR each binds itself,its partners, successors, assigns and
legal representative to the other party hereto, its partners, successors, assigns and
legal representatives in respect of all covenants, agreements and obligations
contained in the Contract Documents.
9.4 CONTRACTOR agrees to warranty the Work for a period of one (1) year from
Substantial Completion against defects in materials and workmanship.
CONTRACTOR agrees to repair or replace any defective work within this warranty
period immediately unless such repairs require long lead time materials and
equipment in which case CONTRACTOR shall provide an agreeable schedule for
repairs at no additional cost to OWNER.
9.5 The Work will be completed according to the Contract Documents and in accordance
with codes, ordinances, and construction standards of the City of Pearland, and all
applicable laws, codes and regulations of governmental authorities.
9.6 In the event any notice period required under the Contract Documents is found to be
4-2015 00500-5 of 7
CITY OF PEARLAND STANDARD FORM OF AGREEMENT
shorter than any minimum period prescribed by applicable law, the notice period
required shall be construed to be the minimum period prescribed by applicable law.
9.7 This Contract and the Contract Documents, insofar as they relate in any part or in any
way to the Work undertaken therein, constitute the entire agreement between the
parties hereto, and it is expressly understood and agreed that there are no agreements
or promises by and between said parties, except as aforesaid, and that any additions
thereto or changes shall be in writing.
9.8 The provisions of this Contract shall be applied and interpreted in a manner
consistent with each other so as to carry out the purposes and the intent of the
parties, but if for any reason any provision is unenforceable or invalid, such
provisions shall be deemed severed from this Contract and the remaining provisions
shall be carried out with the same force and effect as if the severed provision had not
been part of this Contract.
9.9 The headings of the paragraphs are included solely for the convenience of reference
and if there is any conflict between the headings and the text of this Contract, the
Contract text shall control.
9.10 The waiver of any breach hereof shall not constitute a waiver of any subsequent
breach of the same or any other provision hereof. Failure by the OWNER in any
instance to insist upon observance or performance by CONTRACTOR shall not be
deemed a waiver by CONTRACTOR of any such observance or performance. No
waiver will be binding upon OWNER unless in writing and then will be for the
particular instance only. Payment of any sum by OWNER to CONTRACTOR with
knowledge of any breach or default will not be deemed a waiver of such breach or
default or any other breach or default.
9.11 The CONTRACTOR acknowledges that the OWNER(through its employee
handbook) considers the following to be misconduct that is grounds for termination
of an employee of the OWNER: Any fraud, forgery, misappropriation of funds,
receiving payment for services not performed or for hours not worked, mishandling
or untruthful reporting of money transactions, destruction of assets, embezzlement,
accepting materials of value from vendors, or consultants, and/or collecting
reimbursement of expenses made for the benefit of the OWNER. The
CONTRACTOR agrees that it will not, directly or indirectly; cause an employee of
the OWNER to engage in such misconduct.
9.12 The CONTRACTOR agrees to comply with Appendix A(attached) of the City of
Pearland's Title VI Nondiscrimination Plan Assurances.
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CITY OF PEARLAND STANDARD FORM OF AGREEMENT
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in
( duplicate. One counterpart each has been delivered to OWNER and one to CONTRACTOR.
This Agreement will be effective upon execution and attestation by authorized representatives of
the City of Pearland and upon the following date: _ 0.. a\ , 20 \ci.
OWNER: CONTRACTOR:
CITY OF(7
A
ARLAND
f /VBy: A a,. By: %< ! ' y�
Title: ( .)z)/t'\. A45 c,.- Title: /1/; :lv _
Date: I ° -- 1 Ct Date: V;V/
(Corporate Seal)
ATTEST ATTEST \ ANA, 1 '1'\hZ
1 ,
Address for giving notices
(Q3LI K) W.) .1tO\ 'NO,(1 )
l 1 , 960%
Phone: qriaqt-t a - U'V,J
Fax: qtrLk-Q_-- li NV1
Agent for service of process:
END OF SECTION
4-2015 00500-7 of 7
Title VI Nondiscrimination Assurances
APPENDIX A
During the performance of this contract, the contractor, for itself, its assignees and
successors in interest (hereinafter referred to as the "contractor") agrees as follows:
(1) Compliance with Regulations: The contractor shall comply with the Regulations
relative to nondiscrimination in Federally-Assisted programs of the Department of
Transportation (hereinafter, "DOT') Title 49, Code of Federal Regulations, Part 21, as
they may be amended from time to time, (hereinafter referred to as the
Regulations), which are herein incorporated by reference and made a part of this
contract.
(2) Nondiscrimination: The contractor, with regard to the work performed by it during
the contract, shall not discriminate on the grounds of race, color, or national origin
in the selection and retention of subcontractors, including procurements of
materials and leases of equipment. The contractor shall not participate either
directly or indirectly in the discrimination prohibited by Section 21.5 of the
Regulations, including employment practices when the contract covers a program
set forth in Appendix B of the Regulations.
(3) Solicitations for Subcontracts, including Procurements of Materials and Equipment:
In all solicitations either by competitive bidding or negotiation made by the
contractor for work to be performed under a subcontract, including procurements
of materials or leases of equipment, each potential subcontractor or supplier shall
be notified by the contractor of the contractor's obligations under this contract and
the Regulations relative to nondiscrimination on the grounds of race, color, or
national origin.
(4) Information and Reports: The contractor shall provide all information and reports
required by the Regulations or directives issued pursuant thereto, and shall permit
access to its books, records, accounts, other sources of information, and its facilities
as may be determined by the Sub-Recipient or the Federal Highway Administration
to be pertinent to ascertain compliance with such Regulations, orders and
instructions. Where any information required of a contractor is in the exclusive
possession of another who fails or refuses to furnish this information the contractor
shall so certify to the Sub-Recipient, or the Federal Highway Administration as
appropriate, and shall set forth what efforts it has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with
the nondiscrimination provisions of this contract,the Sub-Recipient shall impose such
contract sanctions as it or the Federal Highway Administration may determine to be
appropriate, including, but not limited to:
(a) withholding of payments to the contractor under the contract until the --
contractor complies, and/or
(b) cancellation, termination or suspension of the contract, in whole or in part.
(6) Incorporation of Provisions:The contractor shall include the provisions of paragraphs
(1) through (6) in every subcontract, including procurements of materials and leases
of equipment, unless exempt by the Regulations, or directives issued pursuant
thereto.
The contractor shall take such action with respect to any subcontract or procurement as
the Sub-Recipient or the Federal Highway Administration may direct as a means of
enforcing such provisions including sanctions for non-compliance. Provided, however,
that, in the event a contractor becomes involved in, or is threatened with, litigation with
a subcontractor or supplier as a result of such direction, the contractor may request the
Sub-Recipient to enter into such litigation to protect the interests of the Sub-Recipient,
and, in addition,the contractor may request the United States to enter into such litigation
to protect the interests of the United States.
CERTIFICATE OF INTERESTED PARTIES
FORM 1295
loft
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2019-500189
TDC2, LLC
Lavon,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is - 06/04/2019
being filed.
City of Pearland Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
0319-30
OSP Fiber Construction-Dixie Farm Rd,Old Alvin Rd, Pearland Parkway
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling I Intermediary
Mackinaw, Scott Wylie,TX United States X
Hurd, Dan . Forney,TX United States• X
Provost, Pat Midlothian,TX United States X
;,rum,Scott Wylie,TX United States X
Purcell,Steve Wylie,TX United States X
5 Checkonly if there is NO Interested Party.
6 UNSWORN DECLARATION
My address is (CJ 314 $ r )Mv1 , TX, / 5T q , t4 50 .
(street) ) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.Executed in t 1 /i County, State of t'e-K%.S ,on the 4tay of%T.-irk-4— ,20
(month) (year)
dr
Signature of authorized agent of contracting business nttiit
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.39f8039c
Bond No.: 714753P
CITY OF PEARLAND PERFORMANCE BOND
Section 00610
PERFORMANCE BOND
STATE OF TEXAS §
COUNTY OF BRAZORIA §
KNOW ALL MEN BY THESE PRESENTS: That TDC2, LLC of the City
of Wylie , County of Collin , and State of Texas, as principal, and
Developers Surety and Indemnity Company authorized under the laws of the State of Texas to act
as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee
(Owner), in the penal sum of$ 624,808.90---- for the payment whereof, the said
Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and
assigns,jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as
of the a\ day of '(\c\C�i, , 20\91, (the "Contract") to commence and complete the
construction of certain improve lents described as follows:
Fiber Backbone-Dixie Farm Road
(FM 518 to Longwood Treatment Plant)
City of Pearland,Texas
COP PN: FA1802
Old Alvin Rd Widening
(Fiber Optic Network Connection Plan)
City of Pearland,Texas
COP PN: T20002
Fiber Backbone—Pearland Parkway
(Oiler Dr to John Lizer to City Hall)
City of Pearland,Texas
COP PN: FA1901
BID NO.: 0319-30
which Contract, including the Contract Documents as defined therein, is hereby referred to and
made a part hereof as fully and to the same extent as if copied at length herein.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said
Principal shall faithfully perform said Contract Work and shall in all respects duly and faithfully
observe and perform all and singular the covenants, conditions, and agreements in and by said
Contract agreed and covenanted by the Principal to be observed and performed, and according to
the true intent and meaning of said Contract and Contract Documents, then this obligation shall be
void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253
of the Texas Government Code as amended and all liabilities on this bond shall be determined in
12/2007 00610- 1 of 2
CITY OF PEARLAND PERFORMANCE BOND
accordance with the provisions of said Statute to the same extent as if it were copied at length
herein.
Surety, for value received, stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the contract, or to the Work performed thereunder, or the plans,
specifications, or drawings accompanying the same, shall in any way affect its obligation on this
bond, and it does hereby waive notice of any such change, extension of time, alteration or addition
to the terms of the Contract, or to the Work to be performed thereunder.
12/2007 00610-2 of 2
CITY OF PEARLAND PERFORMANCE BOND
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument
thisD\ day of , 20\i1.
Principal: Surety:
TDC2,LLC Devel ers Surety an Indemnity Company
By: 'y/ By: /�„,—� -
M
Title: / ' Age-014,e/ Title: ancine Hay, ttorne in-Fact
_ .
Address: Address:
634 N. Ballard Avenue 2591 Dallas Pkwy.,#105
Wylie,Texas 75098 Frisco,Texas 75034
Telephone: 972-423-9080 Telephone: 972-870-0400
Fax: 972-578-0517 Fax:
NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE
OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS
DEPARTMENT OF INSURANCE BY CALLING ITS TOLL-FREE TELEPHONE
NUMBER; 1-800-252-3439.
END OF SECTION
12/2007 00610-3 of 2
Bond No.: 714753P
CITY OF PEARLAND PAYMENT BOND
Section 00611
PAYMENT BOND
STATE OF TEXAS §
COUNTY OF BRAZORIA §
KNOW ALL MEN BY THESE PRESENTS: That TDC2,LLC of the City
of Wylie , County of Collin , and State of Texas, as principal, and
Developers Surety and Indemnity Company authorized under the laws of the State of Texas to act
as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee
(Owner), in the penal sum of$ _ 624,808.90-- for the payment whereof, the said
Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and
assigns,jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as
of the a-\ day of \c\ \ , 20 Vt\, (the "Contract") to commence and complete the
construction of certain impro'ements described as follows:
Fiber Backbone-Dixie Farm Road
(FM 518 to Longwood Treatment Plant)
City of Pearland,Texas
COP PN: FA1802
Old Alvin Rd Widening
(Fiber Optic Network Connection Plan)
City of Pearland, Texas
COP PN: T20002
Fiber Backbone—Pearland Parkway
(Oiler Dr to John Lizer to City Hall)
City of Pearland,Texas
COP PN: FA1901
BID NO.: 0319-30
which Contract, including the Contract Documents as defined therein, is hereby referred to and
made a part hereof as fully and to the same extent as if copied at length herein.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said
Principal shall pay all claimants supplying labor or material to him or a subcontractor in the
prosecution of the Work provided for in said Contract, then, this obligation shall be void;
otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253
of the Texas Government Code as amended and all liabilities on this bond shall be determined in
accordance with the provisions of said Statute to the same extent as if it were copied at length
herein.
07/2006 00611 - 1 of 2
CITY OF PEARLAND PAYMENT BOND
Surety, for value received, stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the contract, or to the Work performed thereunder, or the plans,
specifications, or drawings accompanying the same, shall in any way affect its obligation on this
bond, and it does hereby waive notice of any such change, extension of time, alteration or addition
to the terms of the Contract, or to the Work to be performed thereunder.
07/2006 00611 -2 of 2
CITY OF PEARLAND PAYMENT BOND
IN WITNESS WHEREOF,the said Principal and Surety have signed and sealed this instrument
this 1\ day of CNS .\ , 20Y:\
Principal: Surety:
TDC2,LLC Developer Surety and n emn'ty Company
By: % �� By:
Title: 1 (7v°S?? , Me'7bc-r Title: Francine Hay,Attorney-%n-Fact'--.=
Address: Address:
634 N.Ballard Avenue 2591 Dallas Pkwy.,#105
Wylie,Texas 75098 Frisco,Texas 75034
Telephone: 972-423-9080 Telephone: 972-870-0400
Fax: 972-578-0517 Fax:
NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE
OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS
DEPARTMENT OF INSURANCE BY CALLING ITS TOLL-FREE TELEPHONE
NUMBER; 1-800-252-3439.
END OF SECTION
07/2006 00611 -3 of 2
•
Bond No.: 714753P
CITY OFPEARLAND ONE-YEAR MAINTENANCE BOND
Section 00612 •
ONE-YEAR MAINTENANCE BOND
STATE OF TEXAS §
COUNTY OF BRAZORIA §
KNOW ALL MEN BY THESE PRESENTS: That TDC2,LLC of the City
of Wylie , County of Collin , and State of Texas, as principal, and
Developers Surety and Indemnity Company authorized under the laws of the State of Texas to act
as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee
(Owner), in the penal sum of$ 624,808.90--- for the payment whereof, the said
Principal and,Surety bind themselves, and their heirs, administrators, executors, successors, and
assigns,jointly and severally, by these presents:
WHEREAS, the Princi al has entered into a certain written contract with the Owner, effective as
of the `D-A day of , 20\?\ , (the "Contract")to commence and complete the
construction of certain improveme is described as follows:
Fiber Backbone-Dixie Farm Road
(FM 518 to Longwood Treatment Plant)
City of Pearland, Texas
COP PN: FA1802
Old Alvin Rd Widening
(Fiber Optic Network Connection Plan).
City of Pearland, Texas
COP PN: T20002
Fiber Backbone—Pearland Parkway
(Oiler Dr to John Lizer to City Hall)
City of Pearland,Texas
COP PN: FA1901
BID NO.: 0319-30
which Contract is hereby referred to and made a part hereof as fully and to the same extent as if
copied at length herein.
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said
Principal shall faithfully correct all such work not in accordance with the Contract Documents
discovered within the one-year period from the date of substantial completion, then this obligation
shall be void; otherwiseto remain in full force and.effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253
of the Texas Government Code as amended and all liabilities on this bond shall be determined in
accordance with the provisions of said Statute to the same extent as if it were copied at length
herein.
07/2006 00612- 1 of 2
CITY OF PEARLAND ONE-YEAR MAINTENANCE BOND
Surety, for value received, stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the contract, or to the work performed thereunder, or the plans,
specifications, or drawings accompanying the same, shall in any way affect its obligation on this
bond, and it does hereby waive notice of any such change, extension of time, alteration or addition
to the teens of the contract, or to the work to be performed thereunder.
07/2006 00612-2 of 2
CITY OF PEARLAND ONE-YEAR MAINTENANCE BOND
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument
this day of \k\NCVX\ , 20
Principal: Surety:
TDC2,LLC Develo rs Surety a Indemnity Company
By: By'
Title: /7evf/5 i�,c A/c17 4eAr Title: Francine Hay,Attorney=iin-Fitt
-
Address: Address: ;
634 N. Ballard Ave 2591 Dallas Parkway,#105
Wylie,Texas 75098 Frisco,Texas 75034
Telephone: 972-423-9080 Telephone: 972-870-0400
Fax: 972-578-0517 Fax:
NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE
OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS
DEPARTMENT OF INSURANCE BY CALLING ITS TOLL-FREE TELEPHONE
NUMBER; 1-800-252-3439.
END OF SECTION
07/2006 00612-3 of 2
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
- PO Box 19725,IRVINE,CA 92623 (949)263-3300
KNOW ALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each
hereby make,constitute and appoint:
***Gloria M.Villa, David R. Groppell,Sharon Cavanaugh, Beverly A. Ireland, Sharen Groppell, Roxanne G.Brune, Francine Hay,Kurt
A. Risk,jointly or severally***
as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of
suretyship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as
each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attomey(s)-in-Fact,pursuant to these
presents,are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY
AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008.
RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any Vice President of the
corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attomey(s)named in the Power of Attorney to execute,on behalf of the
corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized
to attest the execution of any such Power of Attorney;
RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking
or contract of suretyship to which it is attached.
IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by
their respective officers and attested by their respective Secretary or Assistant Secretary this 4th day of October,2018.
By: ; a/lt-1- ' Qu � ANDi�O. �t\P:+idYpt
Daniel Young,Senior Vice-President �( 4Tt y
a 1936 (`= L .4 ° 6701
°
5
By: G��%a` �� a•te' 2 �vU� •¢ z
Mark Lansdon,Vice-President ,•,io•• ••Y�a•
• h., ;' ' FOR
" *..N.•`' do
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document.
State of California
County of Orange
On October 4,2018 before me, Lucille Raymond,Notary Public
Date Here Insert Name and Title of the Officer
personally appeared Daniel Young and Mark Lansdon
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of
'` LUCILLE RAYMOND which the person(s)acted,executed the instrument.
4' Notary Public-California
.•y• = Orange County I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
Commission#2258185 true and correct.
"' My Comm.Expires Oct 13,2022
WITNESS my hand and official seal. • /G��^ LJ
Place Notary Seal Above Signature
�7
Lucill f Ayr1ond,Notary Public
CERTIFICATE
The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby
certify that the foregoing Power of Attorney remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of
said corporations set forth in the Power of Attorney are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine,California,this day of , . - . ' �v AND �flt;.PANY p,<,
`•JQy'pPOtt...........j' �% 40FP Op r_7
•y•a4 s Z C r
By: 5 W,:.1936 :-, ocr ;38Cassie J. rrisford,Assistant Se to :G57
7 d•�:iPe <l�OP
ATS-1002(10/18) _ ,��''..4,......,,
IMPORTANT NOTICE AVISO IMPORTANCE
To obtain information or make a complaint: Para obtener informacion o para someter una queja:
You may call the Surety's toll free telephone number Usted puede Hamar al numero de telefono gratis de
for information or to make a complaint at: para informacion o para someter una queja al:
1-800-782-1546 1-800-782-1546
You may also write to the Surety at: Usted tambien puede escribir al Surety:
P.O.Box 19725 P.O.Box 19725
Irvine,CA 92623-9725 Irvine,CA 92623-9725
You may contact the Texas Department of Insurance Puede comunicarse con el Departamento de Seguros
to obtain information on companies, de Texas para obtener informacion acerca de compa-
coverage,rights or complaints at: nias,coberturas,derechos o quejas al:
1-800-252-3439 1-800-252-3439
You may write the Texas Department of Insurance at: Puede escribir al Departmento de Seguros de Texas:
P.O.Box 149104 P.O.Box 149104
Austin,TX 78714-9104 Austin,TX 78714-9104
Fax#512-475-1771 Fax#512-475-1771
web: http://www.tdi.state.tx.us web: http://www.tdi.state.tx.us
E-mail: ConsumerProtection@tdi.state.tx.us tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us
PREMIUM OR CLAIM DISPUTES: Should you DISPUTAS SOBRE PRIMAS 0 RECLAMOS:
have a dispute concerning your premium or about a Si tiene una disputa concerniente a su prima o a un
claim you should contact the Surety first. If the reclamo,debe comunicarse con el Surety primero.Si
dispute is not resolved, you may contact the Texas no se resuelve la disputa, puede entonces comuni-
Department of Insurance. carrse con el departamento (TDI).
ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTEAVISOA SU POLIZA:Este aviso es solo
This notice is for information only and does not para proposito de informacion y no se convierte en
become a part or condition of the attached document. parte o condicion del documento adjunto.
® AmTrust Surety
An AmTrust Financial Company
Developers Surety and Indemnity Company
Indemnity Company of California
CorePointe Insurance Company
17771 Cowan, Suite 100
Irvine, CA 92614
1-800-782-1546
www.AmTrustSurety.com
ID-1404(TX)(Rev.4/15)
A DATE(MMIDD/YYYY)
CERTIFICATE OF LIABILITY INSURANCE 6/5/2019
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
1..OW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
'PRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME: Kelly Bell
Marsh&McLennan Agency LLC PHONE FAX
2500 City West Blvd., Suite 2400 (A/C.No.Ext): 713-780-6632 (A/c,No 212-948-6324
Houston TX 77042 AaDDRESS: kelly.m.bell@MarshMMA.com
INSURER(S)AFFORDING COVERAGE NAIC#
INSURER A:Continental Insurance Company 35289
INSURED TDC21 INSURER B:Continental Casualty Company 20443
TDC2, LLC
634 N. Ballard INSURER C:
Wylie TX 75098 INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: 1933151557 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL I SR SUBR POLICY EFF POLICY EXP
WVD POLICY NUMBER LIMITS
(MMIDD/YYYY) (MMIDD/YYYY)
B GENERAL LIABILITY 6017219823 4/1/2019 4/1/2020 EACH OCCURRENCE $1,000,000
TX COMMERCIAL GENERAL LIABILITY PRS(RENTED
PREEMIMI ESES(Ea occurrence) $100,000
CLAIMS-MADE X OCCUR MED EXP(Any one person) $15,000
X 500 PERSONAL&ADV INJURY $1,000,000
GENERAL AGGREGATE $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000
POLICY PRO LOC $
C JECT
LUTOMOBILE LIABILITY 6017219837 4/1/2019 4/1/2020 COMBINED SINGLE LIMIT
___ (Ea accident) $1.000 000
X ANY AUTO BODILY INJURY(Per person) $
ALL OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS AUTOS
X X NON-OWNED PROPERTY DAMAGE $
HIRED AUTOS AUTOS (Per accident)
$
A X UMBRELLA LIAB OCCUR 6046197096 4/1/2019 4/1/2020 EACH OCCURRENCE $7,000,000 _
EXCESS LIAB CLAIMS-MADE AGGREGATE $7,000,000
DED X RETENTION$10,000 $
g WORKERS COMPENSATION 6017219840 4/1/2019 4/1/2020 X WC STATU- OTH-
AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER
ANY PROPRIETOR/PARTNER/EXECUTIVE — E.L.EACH ACCIDENT $1,000,000
OFFICER/MEMBER EXCLUDED? N/A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000
B Contractors'Equipment 6017219823 4/1/2019 4/1/2020 Scheduled Equipment 121,346
Leased/Rented Equip. 200,000
Deductible 1,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required)
The General Liability and Automobile Liability policies include a Blanket Additional Insured endorsement that provides additional insured status only where such
status is required by a written contract.The General Liability,Automobile Liability and Workers'Compensation policies include a Blanket Waiver of Subrogation
endorsement that provides this status only where such status is required by a written contract. The"Primary and Non-contributory"wording is included in the
General Liability Additional Insured Endorsement where there is a written contract that requires such status.
Re:Fiber Backbone-Dixie Farm Road(FM 518 to Longwood Treatment Plan),Old Alvin Rd Widening(Fiber Optic Network Connection Plan),and Fiber
Backbone-Pearland Parkway(Oiler Dr to John Lizer to City Hall).
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Pearland
3519 Liberty Drive
Pearland,TX 77581 AUTHORIZED REP-ESENTATIVE
I IIP 0./44( Brett Herrington
©1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD
CNA CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART
as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement,
then that other endorsement controls with respect to such provision, and the changes made by this endorsement with
respect to such provision do not apply.
TABLE OF CONTENTS
1. Additional Insureds
2. Additional Insured-Primary And Non-Contributory To Additional Insured's Insurance
3. Bodily Injury—Expanded Definition.
4. Broad Knowledge of Occurrence!Notice of Occurrence
5. Broad Named Insured
6. Broadened Liability Coverage For Damage To Your Product And Your Work
7. Contractual Liability-Railroads
8. Electronic Data Liability
9. Estates, Legal Representatives and Spouses
10. Expected Or Intended Injury—Exception for Reasonable Force
11. General Aggregate Limits of Insurance—Per Project
12. In Rem Actions
13. Incidental Health Care Malpractice Coverage
14. Joint Ventures/Partnership/Limited Liability Companies
15. Legal Liability — Damage To Premises / Alienated Premises / Property In The Named Insured's Care,
Custody or Control
16. Liquor Liability
17. Medical Payments
18. Non-owned Aircraft Coverage
19. Non-owned Watercraft
20. Personal And Advertising Injury—Discrimination or Humiliation
21. Personal And Advertising Injury-Contractual Liability
22. Property Damage-Elevators
23. Supplementary Payments
24. Unintentional Failure To Disclose Hazards
25. Waiver of Subrogation—Blanket
26. Wrap-Up Extension: OCIP CCIP, or Consolidated (Wrap-Up) Insurance Programs
CNA74705XX(1-15) Policy No: 6017219823
Page 1 of 17 Endorsement No: 6
The Continental Insurance Co. Effective Date: 04/01/2 019
Insured Name:TDC2, LLC
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
1. ADDITIONAL INSUREDS
a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs
A. through H. below whom a Named Insured is required to add as an additional insured on this Coverage Part
under a written contract or written agreement, provided such contract or agreement:
(1) is currently in effect or becomes effective during the term of this Coverage Part; and
(2) was executed prior to:
(a) the bodily injury or property damage;or
(b) the offense that caused the personal and advertising injury,
for which such additional insured seeks coverage.
b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer
will not provide such additional insured with:
(1) a higher limit of insurance than required by such contract or agreement; or
(2) coverage broader than required by such contract or agreement, and in no event broader than that described
by the applicable paragraph A.through H. below.
Any coverage granted by this endorsement shall apply only to the extent permissible by law.
A. Controlling Interest
Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or
organization's liability for bodily injury, property damage or personal and advertising injury arising out of:
1. such person or organization's financial control of a Named Insured;or
2. premises such person or organization owns, maintains or controls while a Named Insured leases or
occupies such premises;
provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or
demolition operations performed by, on behalf of,or for such additional insured.
B. Co-owner of Insured Premises
A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect
to such co-owner's liability for bodily injury, property damage or personal and advertising injury as co-owner
of such premises.
C. Lessor of Equipment
Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for
bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named
Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such
bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place
prior to the termination of such lease.
D. Lessor of Land
Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily
injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use
of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense
giving rise to such personal and advertising injury takes place prior to the termination of such lease. The
CNA74705XX(1-15) Policy No: 6017219823
Page 2 of 17 Endorsement No: 6
The Continental Insurance Co. Effective Date: 04/01/2019
Insured Name: TDC2, LLC
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
coverage granted by this paragraph does not apply to structural alterations, new construction or demolition
operations performed by, on behalf of, or for such additional insured.
E. Lessor of Premises
An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but
only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of
the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that
the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal
and advertising injury, takes place prior to the termination of such lease. The coverage granted by this
paragraph does not apply to structural alterations, new construction or demolition operations performed by, on
behalf of,or for such additional insured.
F. Mortgagee,Assignee or Receiver
A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's
liability for bodily injury, property damage or personal and advertising injury arising out of the Named
Insured's ownership, maintenance, or use of a premises by a Named Insured.
The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition
operations performed by, on behalf of, or for such additional insured.
G. State or Governmental Agency or Subdivision or Political Subdivisions—Permits
A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but
only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily
injury, property damage or personal and advertising injury arising out of:
1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which
this insurance applies:
a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings,
canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk
vaults,street banners, or decorations and similar exposures; or
b. the construction, erection, or removal of elevators; or
c. the ownership, maintenance or use of any elevators covered by this insurance; or
2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf.
The coverage granted by this paragraph does not apply to:
a. Bodily injury, property damage or personal and advertising injury arising out of operations performed
for the state or governmental agency or subdivision or political subdivision; or
b. Bodily injury or property damage included within the products-completed operations hazard.
With respect to this provision's requirement that additional insured status must be requested under a written
contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the
Named Insured to add the governmental entity as an additional insured.
H. Trade Show Event Lessor
1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer,
any person or organization whom the Named Insured is required to include as an additional insured, but only
with respect to such person or organization's liability for bodily injury, property damage or personal and
advertising injury caused by:
CNA74705XX(1-15) Policy No: 6017219823
Page 3 of 17 Endorsement No: 6
The Continental Insurance Co. Effective Date: 04/01/2019
Insured Name: TDC2, LLC
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
a. the Named Insured's acts or omissions; or
b. the acts or omissions of those acting on the Named Insured's behalf,
in the performance of the Named Insured's ongoing operations at the trade show event premises during the
trade show event.
2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within
the products-completed operations hazard.
2. ADDITIONAL INSURED-PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE
The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to
add the following paragraph:
If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non-
contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not
seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own
insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding
anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess
of any other insurance available to such person or organization.
3. BODILY INJURY—EXPANDED DEFINITION
Under DEFINITIONS,the definition of bodily injury is deleted and replaced by the following:
Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock,
mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical
injury,sickness or disease.
4. BROAD KNOWLEDGE OF OCCURRENCE/NOTICE OF OCCURRENCE
Under CONDITIONS,the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended
to add the following provisions:
A. BROAD KNOWLEDGE OF OCCURRENCE
The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence,
offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a
partner, executive officer, manager or member of a Named Insured, or an employee designated by any of the
above to give such notice.
B. NOTICE OF OCCURRENCE
The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give
the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's
reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However,
the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the
Named Insured is aware that this insurance may apply to such occurrence,offense or claim.
5. BROAD NAMED INSURED
WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following:
3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has
management control:
a. on the effective date of this Coverage Part; or
CNA74705XX(1-15) Policy No: 6017219823
Page 4 of 17 Endorsement No: 6
The Continental Insurance Co. Effective Date: 04/01/2019
Insured Name: TDC2, LLC
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.;with its permission.
CNA CNA PARAMOUNT
-1 Contractors' General Liability Extension Endorsement
b. by reason of a Named Insured creating or acquiring the organization during the policy period,
qualifies. as a Named Insured, provided thatthere is no other similar liability insurance, whether primary,
contributory, excess, contingent or otherwise,which provides coverage to such organization, or which would have
provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or
narrower than that provided by this insurance.
But this BROAD NAMED INSURED provision does not apply to:
(a) any partnership, limited liability company or joint venture; or
(b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part.
For the purpose of this provision, management control means:
A. owning interests representing more than 50% of the voting, appointment or designation power for the
selection of a majority of the Board of Directors of a corporation; or
B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or
sell property held by a trust.
4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance
does not apply to:
a. bodily injury or property damage that first occurred prior to the date of management control, or that first
occurs after management control ceases; nor
b. personal or advertising injury caused by an offense that first occurred prior to the date of management
control or that first occurs after management control ceases.
5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names
or under such other trading names or doing-business-as names (dba) as any Named Insured should choose to
employ.
6. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK
A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended to delete exclusions'k.and I.and replace them with the following:
This insurance does not apply to:
k. Damage to Your Product
Property damage to your product arising out of it, or any part of it except when caused by or resulting from:
(1) fire;
(2) smoke;
(3) collapse; or
(4) explosion.
I. Damage to Your Work
Property damage to your work arising out of it, or any part of it and included in the products-completed
operations hazard.
This exclusion does not apply:
I (1) If the damaged work, or the work out of which the damage arises, was performed on the Named
Insured's behalf by a subcontractor; or
CNA74705XX(1-15) Policy No: 6017219823'
Page 5 of 17 Endorsement No: 6
The Continental Insurance Co. Effective Date: 04/01/2019
Insured Name: TDC2, LLC
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CNA CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
(2) If the cause of loss to the damaged work arises as a result of:
(a) fire;
(b) smoke;
(c) collapse; or
(d) explosion.
B. The following paragraph is added to LIMITS OF INSURANCE:
Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for the sum of damages arising
out of any one occurrence because of property damage to your product and your work that is caused by fire,
smoke, collapse or explosion and is included within the product-completed operations hazard. This sublimit
does not apply to property damage to your work if the damaged work, or the work out of which the damage
arises,was performed on the Named Insured's behalf by a subcontractor.
C. This Broadened Liability Coverage For Damage To Your Product And Your Work Provision does not apply if
an endorsement of the same name is attached to this policy.
7. CONTRACTUAL LIABILITY—RAILROADS
With respect to operations performed within 50 feet of railroad property, the definition of insured contract is replaced
by the.following:
Insured Contract means:
a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies
any person or organization for damage by fire to premises while rented to a Named Insured or temporarily
occupied by a Named Insured with permission of the owner is not an insured contract;
b. A sidetrack agreement;
c. Any easement or license agreement;
d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a
municipality;
e. An elevator maintenance agreement;
f. That part of any other contract or agreement pertaining to the Named Insured's business (including an
indemnification of a municipality in connection with work performed for a municipality) under which the Named
Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person
or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or
agreement.
Paragraph f.does not include that part of any contract or agreement:
(1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
(a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys,
field orders, change orders or drawings and specifications; or
(b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or
damage;
(2) Under which the Insured, if an architect, engineer or surveyor, assumes liability for an injury or damage
arising out of the insured's rendering or failure to render professional services, including those listed in (1)
above and supervisory, inspection, architectural or engineering activities.
8. ELECTRONIC DATA LIABILITY
CNA74705XX(1-15) Policy No: 6017219823
Page 6 of 17 Endorsement No: 6
The Continental Insurance Co. Effective Date: 04/01/2019
Insured Name: TDC2, LLC
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CNA CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following:
This insurance does not apply to:
p. Access Or Disclosure Of Confidential Or Personal Information And Data-related Liability
Damages arising out of:
(1) any access to or disclosure of any person's, or organization's confidential or personal information,
including patents, trade secrets, processing methods, customer lists, financial information, credit card
information, health information or any other,type of nonpublic information;or
(2) the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate
electronic data that does not result from physical injury to tangible property.
However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of bodily
injury.
This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses,
forensic expenses, public relation expenses or any other loss, cost or expense incurred by the Named
Insured or others arising out of that which is described in Paragraph (1)or(2)above.
B. The following paragraph is added to LIMITS OF INSURANCE:
Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for all damages arising out of
any one occurrence because of property damage that results from physical injury to tangible property and
Iarises out of electronic data.
C. The following definition is added to DEFINITIONS:
Electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or
from computer software (including systems and applications software), hard or floppy disks, CD-ROMS, tapes,
drives, cells,data processing devices or any other media which are used with electronically controlled equipment.
D. For the purpose of the coverage provided by this ELECTRONIC DATA LIABILITY Provision, the definition of
property damage in DEFINITIONS is replaced by the following:
Property damage means:
a. Physical injury to tangible property, includingall resulting loss of use of that property. All such loss of use
shall be deemed to occur at the time of the physical injury that caused it;
N I
b. Loss of use of tangible property that is not physically injured.All such loss of use shall be deemed to occur at
the time of the occurrence that caused it;or
c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate
electronic data, resulting from physical injury to tangible property. All such loss of electronic data shall be
deemed to occur at the time of the occurrence that caused it.
For the purposes of this insurance,electronic data is not tangible property.
E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy, then the
$100,000 limit provided by this.ELECTRONIC DATA LIABILITY Provision is part of, and not in addition to, that
higher limit.
9. ESTATES, LEGAL REPRESENTATIVES,AND SPOUSES
The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this
policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for
CNA74705XX(1-15) Policy No: 6017219823
Page 7 of 17 Endorsement No: 6
The Continental Insurance Co. Effective Date: 04/01/2019
Insured Name: TDC2, LLC
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CNA CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks
damages from marital community property, jointly held property or property transferred from such natural person
Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal
representative, or spouse outside the scope of such person's capacity or status as such, provided however that the
spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership
Named Insureds are Insureds with respect to such spouses'acts, errors or omissions in the conduct of the Named
Insured's business.
10. EXPECTED OR INTENDED INJURY—EXCEPTION FOR REASONABLE FORCE
Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following:
This insurance does not apply to:
Expected or Intended Injury
Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not
apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property.
11. GENERAL AGGREGATE LIMITS OF INSURANCE-PER PROJECT
A. For each construction project away from premises the Named Insured owns or rents, a separate Construction
Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations,
is the most the Insurer will pay for the sum of:
1. All damages under Coverage A, except damages because of bodily injury or property damage included in
the products-completed operations hazard; and
2. All medical expenses under Coverage C,
that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction
project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the
Construction Project General Aggregate Limit of any other construction project.
B. All:
1. Damages under Coverage B, regardless of the number of locations or construction projects involved;
2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing
operations at a single construction project, except damages because of bodily injury or property damage
included in the products-completed operations hazard; and
3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing
operations at a single construction project,
will reduce the General Aggregate Limit shown in the Declarations.
C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for
Medical Expense continue to apply, but will be subject to either the Construction Project General Aggregate Limit
or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be
attributed solely to ongoing operations at a particular construction project.
•
D. When coverage for liability arising out of the products-completed operations hazard is provided, any payments
for damages because of bodily injury or property damage included in the products-completed operations
hazard will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations, regardless of
the number of projects involved.
CNA74705XX(1-15) Policy No: 6017219823
Page 8 of 17 Endorsement No: 6
The Continental Insurance Co. Effective Date: 04/01/2019
Insured Name: TDC2, LLC
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CNA CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
E. If a single construction project away from premises owned by or rented to the Insured has been abandoned and
then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or
timetables,the project will still be deemed to be the same construction project.
F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as
stipulated.
12. IN REM ACTIONS
A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the
Named Insured, will be treated in the same manner as though the action were in personam against the Named
Insured.
13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE
Solely with respect to bodily injury that arises out of a health care incident:
A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled
Insuring Agreement is amended to replace Paragraphs 1.b.(1)and 1.b.(2)with the following:
b. This insurance applies to bodily injury provided that the professional health care services are incidental to
the Named Insured's primary business purpose, and only if:
(1) such bodily injury is caused by an occurrence that takes place in the coverage territory.
(2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will
be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence;
and
B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended to:
i. add the following to the Employers Liability exclusion:
This exclusion applies only if the bodily injury arising from a health care incident is covered by other
liability insurance available to the Insured (or which would have been available but for exhaustion of its
limits).
ii. delete the exclusion entitled Contractual Liability and replace it with the following:
This insurance does not apply to:
Contractual Liability
the Insured's actual or alleged liability under any oral or written contract or agreement, including but not
limited to express warranties or guarantees.
iii. add the following additional exclusions:
This insurance does not apply to:
Discrimination
any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on
an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual
orientation.
Ma' . Dishonesty or Crime
Any actual or alleged dishonest, criminal or malicious act, error or omission.
Medicare/Medicaid Fraud
CNA74705XX(1-15) Policy No: 6017219823
Page 9 of 17 Endorsement No: 6
The Continental Insurance Co. Effective Date: 04/01/2019
Insured Name:TDC2, LLC
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state
or local governmental program.
Services Excluded by Endorsement
Any health care incident for which coverage is excluded by endorsement.
C. DEFINITIONS is amended to:
add the following definitions:
Health care incident means an act, error or omission by the Named Insured's employees or volunteer
workers in the rendering of:
a. professional health care services on behalf of the Named Insured or
b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received.
Professional health care services means any health care services or the related furnishing of food,
beverages, medical supplies or appliances by the following providers in their capacity as such but solely to
the extent they are duly licensed as required:
a. Physician;
b. Nurse;
c. Nurse practitioner;
d. Emergency medical technician;
e. Paramedic;
f. Dentist;
g. Physical therapist;
h. Psychologist;
i. Speech therapist;
j. Other allied health professional; or
Professional health care services does not include any services rendered in connection with human clinical
trials or product testing.
ii. delete the definition of occurrence and replace it with the following:
Occurrence means a health care incident.All acts,errors or omissions that are logically connected by any
common fact,circumstance, situation,transaction, event, advice or decision will be considered to constitute a
single occurrence;
iii. amend the definition of Insured to:
a. add the following:
the Named Insured's employees are Insureds with respect to:
(1) bodily injury to a co-employee while in the course of the co-employee's employment by the
Named Insured or while performing duties related to the conduct of the Named Insured's
business;and
CNA74705XX(1-15) Policy No: 6017219823
Page 10 of 17 Endorsement No: 6
The Continental Insurance Co. Effective Date: 04/01/2019
Insured Name: TDC2, LLC
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CNA CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
(2) bodily injury to.a volunteer worker while performing duties related to the conduct of the
Named Insured's business;
when such bodily injury arises out of a health care incident.
the Named Insured's volunteer workers are Insureds with respect to:
(1) bodily injury to a co-volunteer worker while performing duties related to the conduct of the
Named Insured's business;and
(2) bodily injury to an employee while in the course of the employee's employment by the Named
d
Insured or while performing duties related to the conduct of the Named Insured's business;
when such bodily injury arises out of a health care incident.
b. delete Subparagraphs(a), (b), (c)and (d)of Paragraph 2.a.(1)of WHO IS AN INSURED.
D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the
following:
Other Insurance
b. Excess Insurance
(1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer
instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased
specifically by the Named Insured to be excess of this coverage.
14. JOINT VENTURES/PARTNERSHIP/LIMITED LIABILITY COMPANIES
WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following:
No person or organization is an Insured with respect to the conduct of any current or past partnership,joint venture or
limited liability company that is not shown as a Named Insured in the Declarations, except that if the Named Insured
was a joint venturer, partner, or member of a limited liability company and such joint venture, partnershipor limited
liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to
its interest in such joint venture, partnership or limited liability company but only to the extent that:
a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the
personal and advertising injury arising out of such offense first occurred after such termination date;
b. the bodily injury or property damage first occurred after such termination date; and
c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or
limited liability company; and
If the joint venture, partnership or limited liability company is or was insured under a consolidated (wrap-up)
insurance program,then such insurance will always be considered valid and collectible for the purpose of paragraph
c. above. But this provision will not serve to exclude bodily injury, property damage or personal and advertising
injury that would otherwise be covered under the Contractors General Liability Extension Endorsement provision
entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS.
Please see that provision for the definition of consolidated (wrap-up)insurance program.
15. LEGAL LIABILITY — DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED
INSURED'S CARE,CUSTODY OR CONTROL
A. Under COVERAGES, Coverage A - Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended to delete exclusion j.Damage to Property in its entirety and replace it with the following:
This insurance does not apply to:
CNA74705XX(1-15) Policy No: 6017219823
Page 11 of 17 Endorsement No: 6
The Continental Insuranc a Co. Effective Date: 04/01/2019
Insured Name:TDC2, LLC
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CNA CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
j. Damage to Property
Property damage to:
(1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you,
or any other person, organization or entity, for repair, replacement, enhancement, restoration or
maintenance of such property for any reason, including prevention of injury to a person or damage to
another's property;
(2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any
part of those premises;
(3) Property loaned to the Named Insured;
(4) Personal property in the care, custody or control of the Insured;
(5) That particular part of real property on which the Named Insured or any contractors or subcontractors
working directly or indirectly on the Named Insured's behalf are performing operations, if the property
damage arises out of those operations; or
(6) That particular part of any property that must be restored, repaired or replaced because your work was
incorrectly performed on it.
Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire)to
premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of
the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer
consecutive days.A separate limit of insurance applies to Damage To Premises Rented To You as described
in LIMITS OF INSURANCE.
Paragraph (2)of this exclusion does not apply if the premises are your work.
Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack
agreement.
Paragraph (6) of this exclusion does not apply to property damage included in the products-completed
operations hazard.
Paragraphs(3)and (4)of this exclusion do not apply to property damage to:
i. tools, or equipment the Named Insured borrows from others, nor
ii. other personal property of others in the Named Insured's care, custody or control while being used in the
Named Insured's operations away from any Named Insured's premises.
However,the coverage granted by this exception to Paragraphs (3)and (4)does not apply to:
a. property at a job site awaiting or during such property's installation,fabrication, or erection;
b. property that is mobile equipment leased by an Insured;
c. property that is an auto, aircraft or-watercraft;
d. property in transit;or
e. any portion of property damage ,for which the Insured has available other valid and collectible
insurance, or would have such insurance but for exhaustion of its limits, or but for application of one of its
exclusions.
A separate limit of insurance and deductible apply to such property of others. See LIMITS OF INSURANCE
as amended below.
CNA74705XX(1-15) Policy No: 6017219823
Page 12 of 17 Endorsement No: 6
The Continental Insurance Co. Effective Date: 04/01/2019
Insured Name:TDC2, LLC
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CNA CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended to delete its last paragraph and replace it with the following:
Exclusions c. through n. do not applyto damage by fire to premises while rented to a Named Insured or
temporarily occupied by a Named Insured with permission of the owner, nor to damage,to the contents of
premises rented to a Named Insured for a period of 7 or fewer consecutive days.
A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE.
C. The following paragraph is added to LIMITS OF INSURANCE:
Subject to 5. above, $25,000 is the most the Insurer will pay under Coverage A for damages arising out of any
one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other
personal property of others in the Named Insured's care, custody or control, while being used in the Named
Insured's operations away from any Named Insured's premises. The Insurer's obligation to pay such property
damage does not apply until the amount of such property damage exceeds$1,000. The Insurer has the right but
not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the
Named Insured will promptly reimburse the Insurer for any such amount.
D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by
the following:
6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit
is the most the Insurer will pay under Coverage A for damages because of property damage to any one
premises while rented to the Named Insured or temporarily occupied by the Named Insured with the
permission of the owner, including contents of such premises rented to the Named Insured for a period of 7
or fewer consecutive days.The Damage To Premises Rented To You Limit is the greater of:
a. $500,000; or
b. The Damage To Premises Rented To You Limit shown in the Declarations.
E. Paragraph 4.b.(1)(a)(ii)of the Other Insurance Condition is deleted and replaced by the following:
(ii) That is property insurance for premises rented to the Named Insured, for premises temporarily occupied by
the Named Insured with the permission of the owner; or for personal property of others in the Named
Insured's care, custody or control;
Fi 16. LIQUOR LIABILITY
Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended to delete the exclusion entitled Liquor Liability.
This LIQUOR LIABILITY provision does not apply to any person or organization who otherwise qualifies as an
additional insured on this Coverage Part.
17. MEDICAL PAYMENTS
A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the
following:
7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the
Insurer will pay under Coverage C— Medical Payments for all medical expenses because of bodily injury
sustained by any one person.The Medical Expense Limit is the greater of:
(1) $15,000 unless a different amount is shown here: $N,NNN,NNN,NNN; or
(2) the amount shown in the Declarations for Medical Expense Limit
CNA74705XX(1-15) Policy No: 6017219823
Page 13 of 17 Endorsement No: 6
The Continental Insurance Co. Effective Date: 04/01/2019
Insured Name: TDC2, LLC
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CNA CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
B. Under COVERAGES, the Insuring Agreement of Coverage C - Medical Payments is amended to replace
Paragraph 1.a.(3)(b)with the following:
(b) The expenses are incurred and reported to the Insurer within three years of the date of the accident;and
18. NON-OWNED AIRCRAFT
Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended as follows:
The exclusion entitled Aircraft,Auto or Watercraft is amended to add the following:
This exclusion does not apply to an aircraft not owned by any Named Insured, provided that:
1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United
States of America or Canada, designating that person as a commercial or airline transport pilot;
2. the aircraft is rented with a trained, paid crew to the Named Insured;and
3. the aircraft is not being used to carry persons or property for a charge.
19. NON-OWNED WATERCRAFT
Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and
replace it with the following.
This exclusion does not apply to:
(2) a watercraft that is not owned by any Named Insured, provided the watercraft is:
(a) less than 75 feet long; and
(b) not being used to carry persons or property for a charge.
20. PERSONAL AND ADVERTISING INJURY—DISCRIMINATION OR HUMILIATION
A. Under DEFINITIONS,the definition of personal and advertising injury is amended to add the following tort:
Discrimination or humiliation that results in injury to the feelings or reputation of a natural person.
B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled
Exclusions is amended to:
1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following:
This insurance does not apply to:
Knowing Violation of Rights of Another
Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act
would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not
apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but
only if such discrimination or humiliation is not done intentionally by or at the direction of:
(a) the Named Insured;or
(b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a
limited liability company)of the Named Insured.
2. add the following exclusions:
CNA74705XX(1-15) Policy No: 6017219823
Page 14 of 17 Endorsement No: 6
The Continental Insurance Co. Effective Date: 04/01/2019
Insured Name: TDC2, LLC
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CNA CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
This insurance does not apply to:
Employment Related Discrimination
Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past
employment or termination of employment of any person by any Insured.
Premises Related Discrimination
discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental,
lease or sub-lease of any room,dwelling or premises by or at the direction of any Insured.
Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity
because of discrimination.
The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION
Provision does not apply to any person or organization whose status as an Insured derives solely from
Provision 1.ADDITIONAL INSURED of this endorsement; or
attachment of an additional insured endorsement to this Coverage Part.
This PERSONAL AND ADVERTISING INJURY—DISCRIMINATION OR HUMILIATION Provision does not apply to
any person or organization who otherwise qualifies as an additional insured on this Coverage Part.
21. PERSONAL AND ADVERTISING INJURY-CONTRACTUAL LIABILITY
A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled
Exclusions is amended to delete the exclusion entitled Contractual Liability.
B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY -
CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled
SUPPLEMENTARY PAYMENTS—COVERAGES A AND B:
1. Paragraph 2.d. is replaced by the following:
d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit
are such that no conflict appears to exist between the interests of the Insured and the interests of the
indemnitee;
2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following:
s
m
So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that
indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred
by.the indemnitee at the Insurer's request will be paid as defense costs. Such payments will not be deemed
to be damages for personal and advertising injury and will not reduce the limits of insurance.
C. This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply if
Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this
Coverage Part.
This PERSONAL AND ADVERTISING INJURY - CONTRACTUAL LIABILITY Provision does not apply to any
person or organization who otherwise qualifies as an additional insured on this Coverage Part.
22. PROPERTY DAMAGE—ELEVATORS
A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled
Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of
the Damage to Property Exclusion do not apply to property damage that results from the use of elevators.
CNA74705XX(1-15) Policy No: 6017219823
Page 15 of 17 Endorsement No: 6
The Continental Insurance Co. Effective Date: 04/01/2019
Insured Name:TDC2, LLC
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the
Other Insurance conditions is amended to add the following paragraph:
This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other
basis that is Property insurance covering property of others damaged from the use of elevators.
23. SUPPLEMENTARY PAYMENTS
The section entitled SUPPLEMENTARY PAYMENTS—COVERAGES A AND B is amended as follows:
A. Paragraph 1.b. is amended to delete the$250 limit shown for the cost of bail bonds and replace it with a $5,000.
limit;and
B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a
$1,000. limit.
24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS
If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named
Insured's Coverage Part,the Insurer will not deny coverage under this Coverage Part because of such failure.
25. WAIVER OF SUBROGATION-BLANKET
Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to
add the following:
The Insurer waives any right of recovery the Insurer may have against any person or organization because of
payments the Insurer makes for injury or damage arising out of:
1. the Named Insured's ongoing operations; or
2. your work included in the products-completed operations hazard.
However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in
a written contract or written agreement,and only if such contract or agreement:
1. is in effect or becomes effective during the term of this Coverage Part;and
2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the
claim.
26. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS
Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any
construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up)
insurance program by applicable state statute or regulation.
If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary
endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance
Programs(C.C.I.P.)is attached, then the following changes apply:
A. The following wording is added to the above-referenced endorsement:
With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was
involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as
damages because of:
1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's
ongoing operations at the project, or during such operations of anyone acting on the Named Insured's
behalf; nor
CNA74705XX(1-15) Policy No: 6017219823
Page 16 of 17 Endorsement No: 6
The Continental Insurance Co. Effective Date: 04/01/2019
Insured Name: TDC2, LLC
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA CNA PARAMOUNT
Contractors' General Liability Extension Endorsement
2. Bodily injury or property damage included within the products-completed operations hazard that arises
out of those portions of the project that are not residential structures.
B. Condition 4.Other Insurance is amended to add the following subparagraph 4.b.(1)(c):
This insurance is excess over:
(c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available
to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up)
insurance program, but only as respects the Named Insured's involvement in that consolidated (wrap-up)
insurance program.
C. DEFINITIONS is amended to add the following definitions:
Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the
prime contractor/project manager or owner of the construction project has secured general liability insurance
covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled
Insurance Program(O.C.I.P.)or Contractor Controlled Insurance Program (C.C.I.P.).
Residential structure means any structure where 30% or more of the square foot area is used or is intended to
be used for human residency, including but not limited to:
1. single or multifamily.housing, apartments, condominiums, townhouses, co-operatives or planned unit
developments; and
2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs,
detached garages, guest houses or any similar structures).
However, when there is no individual ownership of units, residential structure does not include military housing,
college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also
does not include hospitals or prisons.
This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision
does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part.
All other terms and conditions of the Policy remain unchanged.
Ol
This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect
on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and
expires concurrently with said Policy.
EME
O
CNA74705XX(1-15) Policy No: 6017219823
Page 17 of 17 Endorsement No: 6
The Continental Insurance Co. Effective Date: 04/01/2019
Insured Name: TDC2, LLC
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA CNA PARAMOUNT
Blanket Additional Insured - Owners, Lessees or
Contractors - with Products-Completed
Operations Coverage Endorsement
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
It is understood and agreed as follows:
I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by
written contract to add as an additional insured on this'�coverage part, but only with respect to liability for bodily
injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or
the acts or omissions of those acting on your behalf:
A. in the performance of your ongoing operations subject to such written contract;or
B. in the performance of your work subject to such written contract, but only with respect to bodily injury or
property damage included in the products-completed operations hazard,and only if:
1. the written contract requires you to provide the additional insured such coverage; and
2. this coverage part provides such coverage.
II. But if the written contract requires:
A. additional insured coverage under the 11-85 edition, 10-93 edition,or 10-01 edition of CG2010, or under the 10-
01 edition of CG2037; or
B. additional insured coverage with"arising out of"language;or
C. additional insured coverage to the greatest extent permissible by law;
then paragraph I.above is deleted in its entirety and replaced by the following:
WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by
written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily
injury, property damage or personal and advertising injury arising out of your work that is subject to such written
contract.
g Ill. Subject always to the terms and conditions of this policy, including the limits of insurance,the Insurer will not provide
such additional insured with:
A. coverage broader than required by the written contract;or
B. a higher limit of insurance than required by the written contract.
N
IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property
damage,or personal and advertising injury arising out of:
A. the rendering of,or the failure to render, any professional architectural, engineering, or surveying services,
including:
1. the preparing,approving,or failing to prepare or approve maps, shop drawings, opinions, reports,surveys,
field orders,change orders or drawings and specifications; and
2. supervisory, inspection, architectural or engineering activities;or
B. any premises or work for which the additional insured is specifically listed as an additional insured on another
endorsement attached to this coverage part.
V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS,the Condition entitled Other Insurance is amended to
add the following,which supersedes any provision to the contrary in this Condition or elsewhere in this coverage
part:
CNA75079XX(10-16) Policy No: 6017219823
Page 1 of 2 Endorsement No: 8
The Continental Insurance Co. Effective Date: 04/01/2019
Insured Name: TDC2, LLC
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA CNA PARAMOUNT
Blanket Additional Insured - Owners, Lessees or
Contractors - with Products-Completed
Operations Coverage Endorsement
Primary and Noncontributory Insurance
With respect to other insurance available to the additional insured under which the additional insured is a named
insured,this insurance is primary to and will not seek contribution from such other insurance, provided that a written
contract requires the insurance provided by this policy to be:
1. primary and non-contributing with other insurance available to the additional insured; or
2. primary and to not seek contribution from any other insurance available to the additional insured.
But except as specified above,this insurance will be excess of all other insurance available to the additional insured.
VI. Solely with respect to the insurance granted by this endorsement,the section entitled COMMERCIAL GENERAL
LIABILITY CONDITIONS is amended as follows:
The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of
the following: .
Any additional insured pursuant to this endorsement will as soon as practicable:
1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim;
2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation,
defense, or settlement of the claim; and
3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or
self-insurer,whose policy or program applies to a loss that the Insurer covers under this coverage part. However,
if the written contract requires this insurance to be primary and non-contributory,this paragraph 3.does not
apply to insurance on which the additional insured is a named insured.
The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives
written notice of a claim from the additional insured.
VII. Solely with respect to the insurance granted by this endorsement,the section entitled DEFINITIONS is amended to
add the following definition:
Written contract means a written contract or written agreement that requires you to make a person or organization an
additional insured on this coverage part, provided the contract or agreement:
A. is currently in effect or becomes effective during the term of this policy; and
B. was executed prior to:
1. the bodily injury or property damage; or
2. the offense that caused the personal and advertising injury;
for which the additional insured seeks coverage.
Any coverage granted by this endorsement shall apply solely to the extent permissible by law.
All other terms and conditions of the Policy remain unchanged.
This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect
on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and
expires concurrently with said Policy.
CNA75079XX(10-16) Policy No: 6017219823
Page 2 of 2 Endorsement No: 8
The Continental Insurance Co. Effective Date: 04/01/2019
Insured Name: TDC2, LLC
Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission.
CNA Policy Number: 6017219837 C (Ed. 04/12)
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
CONTRACTORS EXTENDED COVERAGE ENDORSEMENT
- BUSINESS AUTO PLUS -
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
I. LIABILITY COVERAGE name, with your permission, while performing
duties related to the conduct of your business.
A. Who Is An Insured
"Policy," as used in this provision A. Who Is An
The following is added to Section II, Paragraph Insured, includes those policies that were in force
A.1.,Who Is An Insured: on the inception date of this Coverage Form but:
1. a. Any incorporated entity of which the 1. Which are no longer in force;or
Named Insured owns a majority of the 2. Whose limits have been exhausted.
voting stock on the date of inception of
this Coverage Form; provided that, B. Bail Bonds and Loss of Earnings
b. The insurance afforded.-by this provision Section II, Paragraphs A.2. (2) and A.2. (4) are
A.1. does not apply to any such entity revised as follows:
that is an "insured" under any other
liability"policy"providing"auto"coverage. 1. In a.(2), the limit for the cost of bail bonds is
changed from$2,000 to$5,000;and
2. Any organization you newly acquire or form,
other than a limited liability company, 2. In a.(4), the limit for the loss of earnings is
partnership or joint venture, and over which changed from$250 to$500 a day.
you maintain majority ownership interest. C. Fellow Employee
The insurance afforded by this provision A.2.: Section II,Paragraph B.5 does not apply.
a. Is effective on the acquisition or formation Such coverage as is afforded by this provision C.
date, and is afforded only until the end of is excess over any other collectible insurance.
the policy period of this Coverage Form,
or the next anniversary of its inception II. PHYSICAL DAMAGE COVERAGE
date,whichever is earlier. A. Glass Breakage — Hitting A Bird Or Animal —
N b. Does not apply to: Falling Objects Or Missiles
0
0
C.,
(1) "Bodily injury" or "property damage" The following is added to Section III, Paragraph
caused by an "accident" that ' A.3.:
N.
occurred before you acquired or With respect to any covered"auto,"any deductible
formed the organization;or shown in the Declarations will not apply to glass
(2) Any such organization that is an breakage if such glass is repaired, in a manner
"insured" under any other liability acceptable to us, rather than replaced.
"policy"providing"auto"coverage. B. Transportation Expenses
3. Any person or organization that you are Section III, Paragraph A.4.a. is revised, with
required by a written contract to name as an
additional insured is an "insured" but only with respect to transportation expense incurred by you,
respect to their legal liability for acts or to provide:
omissions of a person, who qualifies as an a. $60 per day, in lieu of$20; subject to
"insured" under Section II — Who Is An
Insured and for whom Liability Coverage is b. $1,800 maximum, in lieu of$600.
afforded under this policy. If required by C. Loss of Use Expenses
written contract, this insurance will be primary
and non-contributory to insurance on which Section III, Paragraph A.4.b. is revised, with
the additional insured is a Named Insured. respect to loss of use expenses incurred by you,
_= to provide:
4. An "employee" of yours is an "insured" while
operating an "auto" hired or rented under a a. $1,000 maximum, in lieu of$600.
contract or agreement in that "employee's"
CNA63359XX copyright,CNA Corporation,2000. Page 1 of 3
(Ed.04/12) Includes copyrighted material of the Insurance Services Office used with its permission.
CNA63359XX
Policy Number: 6017219837 (Ed. 04/12)
D. Hired "Autos" d. A $100 per occurrence deductible applies to
The following is added to Section III. Paragraph the coverage provided by this provision.
A.: G. Diminution In Value
5. Hired "Autos" The following is added to Section III, Paragraph
If Physical Damage coverage is provided under B.6.:
this policy, and such coverage does not extend to Subject to the following, the "diminution in value"
Hired Autos, then Physical Damage coverage is exclusion does not apply to:
extended to: a. Any covered "auto" of the private
a. Any covered "auto" you lease, hire, rent passenger type you lease, hire, rent or
or borrow without a driver; and borrow, without a driver for a period of 30
b. Any covered "auto" hired or rented by days or less, while performing duties
your"employee"without a driver, under a related to the conduct of your business;
and
contract in that individual "employee's"
name, with your permission, while b. Any covered "auto" of the private
performing duties related to the conduct passenger type hired or rented by your
of your business. "employee"without a driver for a period of
c. The most we will pay for any one 30 days or less, under a contract in that
"accident" or "loss" is the actual cash individual "employee's" name, with your
value, cost of repair, cost of replacement permission, while performing duties
or $75,000, whichever is less, minus a
related to the conduct of your business.
$500 deductible for each covered auto. c. Such coverage as is provided by this
No deductible applies to "loss" caused by provision is limited to a "diminution in
fire or lightning. value" loss arising directly out of
d. The physical damage coverage as is accidental damage and not as a result of
provided by this provision is equal to the the failure to make repairs; faulty or
physical damage coverage(s) provided on incomplete maintenance or repairs; or the
your owned "autos." installation of substandard parts.
e. Such physical damage coverage for hired d. The most we will pay for "loss" to a
"autos"will: covered "auto" in any one accident is the
lesser of:
(1) Include loss of use, provided it is the
consequence of an "accident" for (1) $5,000; or
which the Named Insured is legally (2) 20% of the "auto's" actual cash value
liable, and as a result of which a (ACV).
monetary loss is sustained by the III. Drive Other Car Coverage—Executive Officers
leasing or rental concern.
(2) Such coverage as is provided by this The following is added to Sections II and III:
provision will be subject to a limit of 1. Any "auto" you don't own, hire or borrow is a
$750 per"accident." covered "auto" for Liability Coverage while being
E. Airbag Coverage used by, and for Physical Damage Coverage
while in the care, custody or control of, any of your
The following is added to Section III, Paragraph "executive officers,"except:
B.3.: a. An "auto" owned by that "executive officer" or
The accidental discharge of an airbag shall not be a member of that person's household; or
considered mechanical breakdown. b. An "auto" used by that "executive officer"
F. Electronic Equipment while working in a business of selling,
Section III, Paragraphs B.4.c and B.4.d. are
servicing, repairing or parking "autos."
deleted and replaced by the following: Such Liability and/or Physical Damage Coverage
c. Physical Damage Coverage on a covered as is afforded by this provision.
"auto" also applies to "loss" to any (1) Equal to the greatest of those coverages
permanently installed electronic equipment afforded any covered"auto"; and
including its antennas and other accessories.
CNA63359XX Copyright,CNA Corporation,2000. Page 2 of 3
(Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission.
CNA63359XX
Policy Number: 6017219837 (Ed. 04/12)
(2) Excess over any other collectible damage, against any person or organization for
insurance. whom or which you are required by written
2. For purposes of this provision, "executive officer" contract or agreement to obtain this waiver from
means a person holding any of the officer us.
positions created by your charter, constitution, by- This injury or damage must arise out of your
laws or any other similar governing document, activities under a contract with that person or
and, while a resident of the same household, organization.
includes that person's spouse.
You must agree to that requirement prior to an
Such "executive officers" are "insureds" while "accident"or"loss."
using a covered"auto"described in this provision. C. Concealment, Misrepresentation or Fraud
IV. BUSINESS AUTO CONDITIONS
The following is added to Section IV, Paragraph
A. Duties In The Event Of Accident, Claim, Suit Or B.2.:
Loss Your failure to disclose all hazards existing on the date
The following is added to Section IV, Paragraph of inception of this Coverage Form shall not prejudice
A.2.a.: you with respect to the coverage afforded provided
(4) Your "employees" may know of an such failure or omission is not intentional.
"accident" or "loss." This will not mean D. Other Insurance
that you have such knowledge, unless The following is added to Section IV, Paragraph
such "accident" or "loss" is known to you
or if you are not an individual, to any of B.5.:
your executive officers or partners or your Regardless of the provisions of Paragraphs 5.a.
insurance manager. and 5.d. above, the coverage provided by this
The following is added to Section IV, Paragraph policy shall be on a primary non-contributory
A.2.b.: basis. This provision is applicable only when
required by a written contract. That written
(6) Your "employees" may know of contract must have been entered into prior to
documents received concerning a claim "Accident"or"Loss."
or"suit."This will not mean that you have E. Policy Period, Coverage Territory
such knowledge, unless receipt of such
documents is known to you or if you are Section IV, Paragraph B. 7.(5).(a). is revised to
not an individual, to any of your executive provide:
officers or partners or your insurance
manager. a. 45 days of coverage in lieu of 30 days.
B. Transfer Of Rights Of Recovery Against Others V. DEFINITIONS
To Us Section V. Paragraph C. is deleted and replaced by
The following is added to Section IV, Paragraph the following:
A.5. Transfer Of Rights Of Recovery Against
"Bodily injury"means bodily injury,sickness or disease
64 Others To Us: sustained by a person, including mental anguish,
We waive any right of recovery we may have, mental injury or death resulting from any of these.
because of payments we make for injury or
CNA63359XX Copyright.CNA Corporation,2000. Page 3 of 3
(Ed.04/12) Includes copyrighted material of the Insurance Services Office used with its permission.
CNA Workers Compensation And Employers Liability Insurance
Policy Endorsement
4
f :::''''''''''W*:
'" ' *: 11; -t r ' � E , 2 _-1:1W!00
r '
t , -iv x
TEXAS WAIVER OFOUR RIGHT TOREPCOVR1�RMr.OTHERSENDOREMENT
f9 i „ %:ASar , p { �;{ Tf4
$"# "
This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of
the Information Page.
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule, but this waiver applies only with
respect to bodily injury arising out of the operations described in the Schedule where you are required by a
written contract to obtain this waiver from us.
This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
The premium for this endorsement is shown in the Schedule.
Schedule
1. ❑ Specific Waiver
Name of person or organization
X❑ Blanket Waiver
Any person or organization for whom the Named Insured has agreed by written contract to furnish this
waiver.
2. Operations: All Texas Operations
3. Premium:
The premium charge for this endorsement shall be 2% percent of the premium developed on payroll in
connection with work performed for the above person(s) or organization(s) arising out of the operations
described.
4. Advance Premium: Refer to Schedule of Operations
All other terms and conditions of the policy remain unchanged.
This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers,
takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another
effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy
unless another expiration date is shown below.
Form No: WC 42 03 0413 (06-2014) Policy No:WC 6 17219840 Policy
Endorsement Effective Date: Endorsement Expiration Date: Effective Date: 04/01/2019 Policy
Endorsement No: 6; Page: 1 of 1 Page: 37 of 42
Underwriting Company: Transportation Insurance Company, 333 S Wabash Ave, Chicago, IL 60604
°Coovriaht 2014 National Council on Compensation Insurance. Inc. All Riahts Reserved.
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
Section 00700
GENERAL CONDITIONS OF AGREEMENT
1.0 DEFINITIONS AND INTERPRETATIONS
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 as used in these General Conditions shall refer to the Engineer
or Architect identified in the Agreement, as applicable, and means a person authorized to act as a
representative of the entity designated by the OWNER to provide professional services required in
connection with the preparation of plans and specifications of this Contract. The term
CONSTRUCTION MANAGER as used in these General Conditions shall refer to the
Construction Manager identified in the Agreement, as applicable, and means a person authorized
to act as representative of the entity designated by the OWNER to provide professional services
required in connection with the performance of the work of this Contract. The Owner's
representative on the project site shall be the CONSTRUCTION MANAGER or ENGINEER as
designated.
1.02 CONTRACT DOCUMENTS. The Contract Documents shall consist of all of the
documents identified in Article 8 of the Standard Form of Agreement, which documents,
excluding such documents as may be delivered or issued after the Effective Date of the
Agreement, as referenced in Article 8, shall be bound together in a Project Manual for the Work.
All references to the "Contract" or the "Agreement" in these General Conditions of Agreement
shall include the Contract Documents.
The Contract Documents are complementary, and what is required by one shall be binding as if
required by all. In the event of any conflict among the Contract Documents, the Contract
Documents shall govern in the following order:
(1) Modifications in writing and signed by both parties, including any Change Orders;
(2) Standard Form of Agreement;
(3) Special Conditions of Agreement;
(4) General Conditions of Agreement, including Attachment No. 1 — Workers'
Compensation Insurance Coverage, Attachment No. 2 — Agreement for Final
Payment and CONTRACTOR'S Sworn Release, and Attachment No. 3 — Owner's
Insurance Requirements of Contractor;
(5) Addenda, if any;
(6) Plans and Specifications referenced or included in the Project Manual;
(7) Instructions to Bidders;
(8) Bid Proposal; and
10-2012 00700- 1 of 36
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
(9) Exhibits: The following Exhibits, if any, attached hereto, are incorporated herein,
and are a part of this Contract:
In the event a conflict or inconsistency remains between or within the Contract Documents, or the
Contract Documents and applicable standards, codes and ordinances, CONTRACTOR shall
provide the greater quantity or better quality, or CONTRACTOR shall comply with the more
stringent requirements, as determined by ENGINEER.
Terms or phrases used in the Contract Documents with a well-known technical or construction
industry meaning shall have such recognized meanings. References to standards, specifications,
manuals or codes of any technical society, organization or association, or to the laws or
regulations of any governmental authority, shall mean the latest in effect on the effective date of
the Contract, unless otherwise stated in the Contract Documents.
1 .03 SUBCONTRACTOR. The term "subcontractor", as employed herein, includes
those entities having a contract with the CONTRACTOR or a subcontractor for performance of
work on the Project. OWNER shall have no responsibility to any subcontractor for performance of
work on the Project contemplated by these Contract Documents, and any such subcontractor shall
look exclusively to CONTRACTOR for any payments due subcontractor.
1.04 WRITTEN NOTICE. Written Notice shall be deemed to have been duly served if
delivered in person or by electronic means through the Pro-Trak to the individual or to a partner of
the partnership or joint venture, or to an officer of the corporation or company 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,partnership,joint venture or corporation or
company, or to the address for giving notices listed in the Standard Form of Agreement.
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 described in the
Standard Form of Agreement. 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 performed by the CONTRACTOR to accomplish any change,
alteration or addition to the work shown in the plans. Extra work shall be authorized in writing by
the ENGINEER prior to commencement. Extra Work items are paid for on an as needed, as
authorized basis only.
1.07 WORK DAY: As used herein, a "Work Day" is defined as any Monday through
Friday, not a legal holiday, and any Saturday or Sunday specifically approved by the OWNER, in
which the CONTRACTOR can perform six or more hours of work per the current construction
schedule. CONTRACTOR agrees to request specific approval from the Construction Manager or
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CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
Owner, in advance, to perform work on Saturdays or Sundays and in so doing agrees to pay all
charges and costs for Inspection and or Construction Management services required during the
performance of any such approved work. Refer to paragraph 7.05 for procedure to determine cost
for Construction Management and Inspection Services for work on non-work days.
1.07-1 RAIN DAY: As used herein, is defined as any WORK DAY during which weather
related conditions prevent the CONTRACTOR from performing four (4) or more consecutive
hours of work on critical path items as identified in the current construction schedule.
CONTRACTOR shall record Rain Days on the Pay Application each month for the review and
possible approval by the OWNER. The approved Rain Day is then added to the Contract Time.
(See 1.12 Contract Time below)
1.07-2 IMPACT DAY: As used herein, is a day that is added to the CONTRACT TIME
by the OWNER by Change Order to extend the Contract Time by one full Work Day. (See 1.12
Contract Time below) Impact Days, once approved by the OWNER, shall extend the Contract
Time on a one-to-one basis to replace a Work Day lost to conditions that prevented the
CONTRACTOR from performing four (4) or more consecutive hours of work on critical path
items. Impact Days are added to the Contract Time by Change Order only at the end of the work
and then only if, in the opinion of the OWNER, a time extension is warranted due to delays
beyond the control of the Contractor and required to complete the work within the Contract Time.
1.08 CALENDAR DAY. A "calendar day" is any day of the week, month or year no
days being excepted. Unless otherwise expressly provided, all references to "day(s)" shall mean
calendar day(s).
1 .09 SUBSTANTIALLY COMPLETED: The terms "Substantially Completed", or
"Substantially Complete" or "Substantial Completion" as used in this Contract, shall mean that all
major process components of the facility or work have been made suitable for use or occupancy,
including appropriate documentation from the equipment suppliers that all of the individual
components have been installed in accordance with the specifications and manufacturer's
recommendations, the installations have been approved by the ENGINEER and the items have met
the start-up and testing requirements of the contract documents or is deemed to be in a condition to
serve its intended purpose or requires only minor miscellaneous work and adjustment to achieve
Final Completion and Acceptance as determined by the ENGINEER. Upon compliance with the
above referenced criteria, ENGINEER shall issue a Certificate of Substantial Completion.
PARTIAL SUBSTANTIAL COMPLETION: designation will be given on components of
the Work that must be placed into service prior to the completion of the entire Work. The
contractor's One Year Warranty period for these items shall begin on the date of Partial
Substantial Completion as designated by the ENGINEER. The ENGINEER shall determine and
make all such designations.
1.10 INTERPRETATION OF WORDS AND PHRASES. Whenever the words
"directed", "permitted", "designated", "required", "ordered", "considered necessary", "prescribed"
or words of like import are used, it shall be understood that the direction, requirement, permission,
order, opinion 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 by ENGINEER, but does not relieve CONTRACTOR of
responsibility for compliance with the Contract Documents.
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Whenever in the Specifications or Plans of the Contract Documents, 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, 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 CONTRACT TIME The term Contract Time as used herein, refers to the number
of Calendar days provided to complete the work or the date, 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 and as modified as a result of any authorized Extensions.
The established Contract Time includes 40 Rain Days per year, based on the average
number of rain days per year for the period of June 1898 to December 1996 as recorded by the
Alvin Weather Center Record. The Contract Time shall only be extended by (a) the addition of
Rain Days equal to the number of actual Rain Days in excess of 40 days per year and (b) the
number of Impact Days granted for delays, in the opinion of the Owner, beyond the control of the
Contractor. The extension of the Contract Time shall be the CONTRACTOR's sole and exclusive
remedy for delays.
1.13 CONSTRUCTION INSPECTOR The term "Construction Inspector" here in
includes those professionals engaged by the OWNER to ensure CONTRACT work's compliance
with the specifications and any applicable statutory requirements.
1.14 BALANCING CHANGE ORDER is a change order executed during the close-out
process that may add/remove pay items, or adjust quantities of existing items or remove unused
pay items or quantities Balancing Change Orders are used to reconcile the unit cost of the work
performed or installed by the Contractor.
2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER
2.01 NO WARRANTY OF DESIGN. It is understood that the OWNER MAKES NO
WARRANTY OF THE ADEQUACY, ACCURACY OR SUFFICIENCY OF THE PLANS AND
SPECIFICATIONS OR ANY OTHER DESIGN DOCUMENTS, AND OWNER HEREBY
EXPRESSLY DISCLAIMS ANY SUCH WARRANTY, EXPRESSED OR IMPLIED. Prior to
commencing each portion of the Work, CONTRACTOR shall carefully study and compare the
relevant Contract Documents, shall observe conditions at the site affecting the Work, and shall
take field measurements of existing conditions related to the Work. Any errors, omissions or
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inconsistencies in the Contract Documents noted by the CONTRACTOR, and/or any variance
between the Contract Documents and applicable codes, standards or ordinances, shall be promptly
reported by CONTRACTOR to ENGINEER in writing as a Request for Information. Work
performed prior to a Request for Information shall be at the Contractor's risk. If CONTRACTOR
fails to perform its obligations under this paragraph, CONTRACTOR shall pay such costs and
damages to OWNER as would have been avoided if CONTRACTOR had reported any errors,
omissions, inconsistencies or variances in the Contract Documents noted by CONTRACTOR or
which should have been noted by a careful study of the Contract Documents. CONTRACTOR
shall comply with the 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 performed, 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 performing, 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 hereby waives any claims for extension of time and/or compensation for any loss
or damage if his work shall be delayed by reason of such inspection, performance, construction or
installation of collateral work.
2.03 OWNERSHIP OF PLANS. All plans, 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 plans and models are the property of the OWNER.
2.04 CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that the
Owner may make such changes and alterations, additions and deletions as the OWNER may see
fit, in the Work, including but not limited to changes in line, grade, form, dimensions, plans or
specifications 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 corresponding
Performance and Payment Bonds.
If such changes or alterations or deletions'diminish the quantity or the value of the Work to be
done, they shall not constitute the basis for a claim for compensation or damages, including lost or
anticipated profits on the Work that may be affected. 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, 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 OWNER is damaged in the course of the work by
the act, negligence, omission, mistake or default of the CONTRACTOR, or should the
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CONTRACTOR unreasonably delay the progress of the work being done by others on the job so
as to cause loss for which the OWNER becomes liable, then the CONTRACTOR shall reimburse
the OWNER for such loss.
3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER
3.01 OWNER-ENGINEER RELATIONSHIP. The ENGINEER shall serve as the
OWNER'S representative during construction. The duties, responsibilities and limitations on the
authority of the ENGINEER as the OWNER's representative during construction are set forth in
the Contract Documents; and the ENGINEER shall not have authority to extend the OWNER's
liability or to bind the OWNER for any additional liability of any nature whatsoever without the
written consent of the OWNER. Any communications by the OWNER to the CONTRACTOR
regarding the Work 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 resolved as
provided in Article 7. Unless otherwise specified, it is mutually agreed between the parties to this
Agreement that the OWNER'S representative shall have the authority to issue written stop work
orders whenever such stoppage may be necessary to insure the performance of the Work in
accordance with the Contract Documents.
3.02 KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE. The
ENGINEER shall furnish the CONTRACTOR with four (4) copies of all Plans and Specifications
without expense to the CONTRACTOR, and the CONTRACTOR shall keep one full size 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, timely and
accurately updated, for reference and review by the OWNER or the ENGINEER and submittal of
redlines during closeout.
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
new material of good quality, and for good and workmanlike performance of the Work as herein
described, and in full accordance with the Contract Documents, without alteration, deletion or
change. No failure or omission of the OWNER'S representative to discover, object to or condemn
any non-conforming or defective work or material, or to stop work, shall release the
CONTRACTOR from the obligation to fully and properly perform the Contract, including without
limitation, the obligation to at once remove and properly replace any defective work or material at
any time prior to final acceptance, upon discovery of such non-conforming or defective work or
material.
Any questioned Work may be ordered taken up or removed for inspection by the ENGINEER
prior to final acceptance, and if found not to be in accordance with the Contract Documents, all
expense of removing, inspection and repair or 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.
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3.04 INSPECTION BY ENGINEER. The ENGINEER will 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 /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 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 quantities and qualities of the several kinds of Work, which are to be paid for under
this Contract. The ENGINEER shall address 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 or
question, the ENGINEER shall, within a reasonable time, provide a written interpretation of the
Contract Documents or a written decision on all questions arising relative to the execution of the
Work, copies of which shall be delivered to all parties to the Contract. If the CONTRACTOR or
OWNER desires to take exception to any directions, order, interpretation or instructions of the
ENGINEER, CONTRACTOR or OWNER shall present any such claim to the ENGINEER in
accordance with the provisions of Section 7.04.
3.06 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 recommendation of an application for payment to CONTRACTOR shall not
be deemed an acceptance of any defective or non-conforming Work. Any recommendation of
payment by the ENGINEER shall be subject to OWNER's rights to withhold payment under
Section 6.11 and as otherwise provided in the Contract.
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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 comply with the requirements of the Contract Documents, and 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 Documents. 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, including but not limited to weather,
access, lay down and storage areas, 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, intent and requirements of all of the Contract Documents, and applicable laws,
codes, regulations and ordinances. CONTRACTOR hereby warrants and represents that it has
taken into consideration all of the foregoing factors, and CONTRACTOR shall perform the Work
for the Contract Price and within the Contract Time. 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, codes, ordinances, permits 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 by the CONTRACTOR or his agents, employees, subcontractors or
vendors. If the CONTRACTOR observes that the Plans and Specifications are at variance with
federal or state laws or codes 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, codes, ordinances, rules or regulations, or if CONTRACTOR reasonably should have
known of any such violation, and without such notice to the ENGINEER, CONTRACTOR shall
bear all costs arising therefrom.
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. Neither the act
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of OWNER entering into this Contract, nor OWNER's performance hereunder, shall constitute a
waiver of any immunity from suit enjoyed by OWNER under applicable law, all such rights and
defenses being hereby expressly reserved, notwithstanding any term or provision herein to the
contrary. The Code of Ordinances and other applicable regulations of the OWNER shall be
deemed to be embodied in this Contract.
The prevailing wage rates applicable to this Project shall be either Document 00811 — Wage
Scale for Engineering Construction, or Document 00813 —Wage Scale for Building
Construction, or both, as set out in the Project Manual.
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, or any
rights, duties or obligations arising thereunder, in whole or in part, without the prior written
consent of the OWNER, 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, PAYMENT AND MAINTENANCE BONDS. In the event the
Contract Price shall be in excess of $25,000.00, the CONTRACTOR shall execute separate
Performance, Payment and Maintenance Bonds, each in the sum of one hundred percent (100%) of
the Contract Price, and each 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 payable to OWNER and on forms approved by the
OWNER, and shall be executed by a corporate surety in accordance with Article 7.19-1 of the
Texas Insurance Code. It is agreed that the Contract shall not be in effect until such original
Performance, Payment and Maintenance Bonds are delivered to and approved by the OWNER.
The cost of the premium for the Performance, Payment and Maintenance Bonds, should
Maintenance Bonds be required, shall be included in the CONTRACTOR's Bid Proposal. All
bonds shall be issued by Texas Department of Insurance approved surety companies.
4.06 INSURANCE. The CONTRACTOR, at his own expense, shall procure, maintain
and keep in force throughout the duration of the Work, and throughout the Guarantee Period,
insurance as specified in Attachment No. 1 hereto with regard to Workers' Compensation
Insurance, and as specified in Attachment No. 3 hereto with regard to all other Insurance. Such
insurance shall be carried with an insurance company licensed to transact business in the State of
Texas and shall cover all operations in connection with this Contract, whether performed by the
CONTRACTOR or a subcontractor, or others for whom CONTRACTOR is responsible.
4.07 PERMITS AND FEES. Unless otherwise provided in the Contract Documents, the
Contractor shall secure and pay for all permits, licenses, and inspections necessary for proper
execution and completion of the Work, and which are legally required at the time bids are
received. Permits required by the City of Pearland will be issued as a NO FEE permit.
4.08 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.
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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
due time of purchase.
4.09 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 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 an act of default, and
grounds for suspending operations of the, CONTRACTOR. The Superintendent cannot be
removed from the project without the consent of the Owner; the Superintendent must speak and
understand the English language; the Superintendent must be on site when any work on the project
is being done, even when a subcontractor is performing the work.
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.
4.10 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
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. OWNER reserves the right to bar any person,
subcontractor, or supplier found to be incompetent, unfaithful, disorderly, or not using their best
efforts to progress work or considered to be a threat to the health, safety and welfare to the project
or workforce.
4.11 LABOR, EQUIPMENT, MATERIALS, CONSTRUCTION PLANT, AND
BUILDINGS. The CONTRACTOR shall provide all labor, services, tools, equipment, machinery,
supplies, facilities, utilities 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 or placement of structures for housing workers or offices, or the erection of tents or
other forms of protection, will be permitted only with the ENGINEER's written permission, and at
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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, placed or erected by the CONTRACTOR for the purposes
herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper erection,
placement 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, placement,
construction or maintenance of CONTRACTOR's buildings or structures.
4.12 SANITATION. Necessary sanitary conveniences for the use of laborers and others
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 and 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 CLEANING AND MAINTENANCE. The CONTRACTOR shall at all times keep
and maintain the premises free from accumulation of debris, trash and waste. The
CONTRACTOR shall remove waste, debris and trash at the end of each work day.
CONTRACTOR shall remove all such debris, trash and waste, tools, scaffolding and surplus
materials, and shall leave the Work broom-clean or its equivalent, upon completion of the Work.
The Work shall be left in good order and condition. In case of dispute, the OWNER may remove
the debris, trash, waste and surplus materials, and charge the cost to the CONTRACTOR.
4.14 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, unless otherwise
provided in the Contract Documents.
4.15 RIGHT OF OWNER TO ACCELERATE THE WORK. If at any time the
methods or equipment used by the CONTRACTOR, or the work force supplied are found to be
inadequate to achieve the progress required to Substantially Complete the Work within the
Contract Time, the OWNER or the ENGINEER as the OWNER's representative, may order the
CONTRACTOR in writing to supplement its forces and/or equipment, or work shifts or overtime,
or otherwise improve its efficiency and rate of progress to achieve Substantial Completion of the
Work within the Contract Time, and the CONTRACTOR shall comply with such order, at its own
cost and expense.
4.16 LAYOUT OF WORK. Except as specifically provided herein, the
CONTRACTOR shall be responsible for laying out work by means of construction surveying and
shall accomplish this work in a manner acceptable to the ENGINEER and in conformance with the
Contract Documents.
4.17 SHOP DRAWINGS. The CONTRACTOR shall submit to the ENGINEER, with
such promptness as to cause no delay in his own Work or in that of any other contractor, six (6)
checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules
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required for the work of the various trades. Contractor will check and approve shop drawings for
compliance with requirements of Contract Documents 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 the Contract Documents, unless he has, in writing, called the ENGINEER's
attention to such deviations at the time of the submission, and the ENGINEER has acknowledged
and accepted 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 Contract Documents, and within the Contract
Time.
Such review by the ENGINEER shall be for the sole purpose of determining the apparent
sufficiency of said drawings or schedules to result in finished improvements in conformity with
the Contract Documents, and shall not relieve the CONTRACTOR of his duty as an independent
contractor as previously set forth, it being expressly understood and agreed that the ENGINEER
does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules,
or any means or methods reflected thereby, in relation to the safety of either person or property
during CONTRACTOR's performance hereunder, and any action taken by the ENGINEER shall
not relieve the CONTRACTOR of his responsibility and liability to comply with the Contract
Documents.
OWNER, CONSTRUCTION MANAGER, ENGINEER, and CONTRACTOR shall make all
submittals, review comments, notes, corrections, schedules and updates, testing results, payment
applications, instructions and other communications by means of the OWNER'S Pro-Trak. The
OWNER, ENGINEER and CONTRACTOR shall each retain such hard copies form this system as
are required for their specific record keeping requirements. No documents shall be removed from
this system or destroyed except those being replaced by the systems protocols as a latest version
document.
All requirements for written communications, submittals, comments, instructions or other
documents processed by means of this system shall have the same legal or time sensitive status as
if they had been hand delivered in hard copy to their intended addressee.
4.18 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, representatives 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. The CONTRACTOR shall furnish all reasonable aid and assistance
required by the subordinate engineers, representatives 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, representatives or observers so appointed, when such
directions and instructions are consistent with the obligations of this Agreement and the Contract
Documents, provided, however, should the CONTRACTOR object to any orders by any
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subordinate engineer, representative or observer, the CONTRACTOR may, within three (3) days,
make written appeal to the ENGINEER for his decision.
4.19 OBSERVATION AND TESTING. The OWNER or the ENGINEER as the
OWNER's representative shall have the right at all reasonable times to observe, inspect and test
the Work. The CONTRACTOR shall make all necessary arrangements and provide proper
facilities and access for such observation, inspection and testing at any location wherever Work is
in preparation or progress. The CONTRACTOR shall ascertain the scope of any observation,
inspection or testing 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,
inspection or testing. 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 deficiencies, 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
independent 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.
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 and any other work affected thereby shall be
corrected at the CONTRACTOR'S expense.
Neither observations by the OWNER or by the ENGINEER, nor inspections, certifications, 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.
4.20 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 Contract
Documents, 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.
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4.21 LIABILITY FOR PROPER PERFORMANCE. Engineering construction
drawings and specifications, as well as any additional instructions and information concerning the
Work to be performed, passing from or through the ENGINEER, shall not be interpreted as
requiring or allowing the CONTRACTOR to deviate from the 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 incident 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 Contract Documents by the ENGINEER or 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 of Work completed or being performed, as measured against the Contract Documents, or
for the purpose of enabling the CONTRACTOR to more fully understand the Contract Documents
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 Contract Documents shall not constitute a
waiver of CONTRACTOR'S liability for damages as herein set out. Deviation by the
CONTRACTOR from Contract Documents, 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 Contract Documents, and further shall not relieve CONTRACTOR of his
liability for loss, damage or injury as herein set out.
4.22 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC.
The CONTRACTOR shall be solely responsible for the safety of himself, his employees and
persons entering the project site, 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 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, as a minimum, 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 all necessary machinery guards, safe walkways, ladders, bridges, gangplanks, barricades,
fences, traffic control, warning signs and other safety devices.
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No alcoholic beverages, non-prescription drugs, or unsafe practices shall be allowed on the Work
site. CONTRACTOR shall dismiss anyone participating in any of the above from the Work site
for the duration of the Project. Only prescription drug uses with a doctor's authorization to
perform construction activities shall be allowed on the Work site. Violation of this provision is a
default under the Contract. The use, possession, sale, transfer, purchase or being under the
influence of alcohol, drugs or any other illegal or unlawful substance by CONTRACTOR or
CONTRACTOR's employees, or CONTRACTOR's subcontractors and employees at any time at
the Work site or while on company business is prohibited. CONTRACTOR shall institute and
enforce appropriate drug testing guidelines and program.
All accidents or injuries to CONTRACTOR's employees working on the job site must be reported
verbally and in writing to the ENGINEER immediately, and within no more than eight(8)hours.
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 thus 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 by ENGINEER, or OWNER's representative to supervise safety precautions
by either the CONTRACTOR or any of his subcontractors.
4.23 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 adjacent or adjoining property. THE CONTRACTOR AGREES TO
INDEMNIFY, DEFEND, SAVE AND HOLD HARMLESS THE CONSTRUCTION
MANAGER, OWNER AND ENGINEER AGAINST ANY CLAIM OR CLAIMS FOR
DAMAGES, LOSS, COSTS OR EXPENSES, INCLUDING BUT NOT LIMITED TO
ATTORNEY'S FEES, DUE TO ANY INJURY TO ANY ADJACENT OR ADJOINING
PROPERTY, ARISING OR GROWING OUT OF THE PERFORMANCE OF THE
CONTRACT, REGARDLESS OF WHETHER OR NOT SUCH DAMAGE, LOSS, COST OR
EXPENSE IS CAUSED IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE OR
STRICT LIABILITY OF OWNER AND/OR ENGINEER.
4.24 PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS,
MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES.
THE CONTRACTOR AGREES THAT HE WILL PROMPTLY PAY WHEN DUE, AND WILL
INDEMNIFY, SAVE AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM
ALL CLAIMS GROWING OUT OF THE 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
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sufficient to liquidate any and all such 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.
Nothing contained in this paragraph or this Agreement shall create, establish or impose any
relationship, contractual or otherwise, between OWNER and any subcontractor, laborer or supplier
of CONTRACTOR, nor shall it create, establish or impose any duty upon OWNER to pay or to
see to the payment of any subcontractor, laborer or supplier of CONTRACTOR.
4.25 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 OR LIABILITY ON ACCOUNT THEREOF, EXCEPT SUCH SUITS AND
CLAIMS ARISING OUT OF A PARTICULAR DESIGN, DEVICE, MATERIAL OR PROCESS
OR THE PRODUCT OF A PARTICULAR MANUFACTURER OR MANUFACTURERS
SPECIFIED OR REQUIRED BY THE OWNER; PROVIDED, HOWEVER, IF CHOICE OF
ALTERNATE DESIGN, DEVICE, MATERIAL OR PROCESS IS ALLOWED TO THE
CONTRACTOR, OR IF CONTRACTOR KNEW OR SHOULD HAVE KNOWN OF THE
PATENT OR COPYRIGHT AND FAILED TO PROMPTLY NOTIFY OWNER IN WRITING,
THEN THE CONTRACTOR SHALL INDEMNIFY, DEFEND, SAVE AND HOLD THE
OWNER HARMLESS FROM ANY LOSS OR LIABILITY ON ACCOUNT THEREOF.
4.26 INDEMNIFICATION. THE CONTRACTOR AGREES TO DEFEND,
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, WORKER'S 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,
COMPENSATION, BENEFITS, WORKING CONDITIONS OR ANY OTHER SIMILAR
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, REPRESENTATIVES, AGENTS AND EMPLOYEES FROM AND
AGAINST ALL DAMAGES, CLAIMS, LOSSES, DEMANDS, SUITS, LIABILITIES,
JUDGMENTS AND COSTS OF ANY CHARACTER WHATSOEVER, INCLUDING
REASONABLE ATTORNEY'S FEES AND EXPENSES, AND SHALL BE REQUIRED TO
PAY ANY JUDGMENT THEREFOR, WITH COSTS, WHICH MAY BE OBTAINED
AGAINST THE OWNER AND/OR THE ENGINEER OR ANY OF THEIR OFFICERS, _ _
REPRESENTATIVES, AGENTS OR EMPLOYEES, ARISING OUT OF OR RESULTING
FROM OR ALLEGEDLY ARISING OUT OF OR RESULTING FROM THE PERFORMANCE
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OF THE WORK, PROVIDED THAT ANY SUCH DAMAGES, CLAIM, LOSS, DEMAND,
SUIT, LIABILITY, JUDGMENT, COST OR EXPENSE:
(A) ARISES OUT OF OR RESULTS FROM IN WHOLE OR IN PART, OR
ALLEGEDLY ARISES OUT OF OR RESULTS FROM IN WHOLE OR IN
PART, ANY BREACH OF THIS AGREEMENT OR BREACH OF
WARRANTY BY CONTRACTOR; OR
(B) 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
IS CAUSED IN WHOLE OR IN PART OR IS ALLEGEDLY 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 OR ALLEGEDLY CAUSED IN PART BY THE NEGLIGENCE,
GROSS NEGLIGENCE OR STRICT LIABILITY OF OWNER, ENGINEER
AND/OR A PARTY INDEMNIFIED HEREUNDER.
Notwithstanding the foregoing or anything in the Agreement to the contrary, in accordance with
the provisions of Section 130.002 of the Texas Civil Practice and Remedies Code,
CONTRACTOR shall not be obligated to indemnify or hold harmless the ENGINEER, his agents,
servants or employees, from liability for damage that is caused by or results from defects in plans,
designs or specifications prepared, approved or used by the ENGINEER, or negligence of the
ENGINEER in the rendition or conduct of professional duties called for or arising out of any
construction contract and the plans, designs or specifications that are a part of the construction
contract, and arises from personal injury or death, property injury, or any other expense that arises
from personal injury, death, or property injury.
This indemnity agreement is a continuing obligation, and shall survive notwithstanding
completion of the Work, Final Payment, expiration of the warranty period, termination of the
Contract, and abandonment or takeover of the Work.
CONTRACTOR's indemnification obligations hereunder shall not be limited by a limitation on
amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or a
subcontractor under workers' compensation acts, disability benefit acts or other employee benefit
acts, and shall not be limited by any limitation on amounts or coverage of insurance provided or to
be provided under this Contract.
4.27 LOSSES FROM NATURAL CAUSES. All loss, cost, expense 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.
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4.28 GUARANTEE. The CONTRACTOR hereby guarantees all the Work under the
Contract to be free from defects or deficiencies in material in every particular and free from
defects or deficiencies in workmanship; and against unusual damage from proper and usual use;
and agrees to replace or to re-execute without cost to the OWNER such Work as may be found to
be defective, deficient or otherwise not in conformance with the Contract Documents, 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 cover a period of one year from the
date of Substantial Completion or Partial Substantial Completion of Work under the Contract, as
evidenced by the Certificate of Substantial Completion. Neither the Certificate of Substantial
Completion, Final Payment, nor any provision in the Contract Documents shall relieve the
CONTRACTOR of the responsibility for defective, deficient or non-conforming material or
workmanship during the period covered by the guarantee. The one-year period of guarantee will
not limit the OWNER'S other rights under common law with respect to any defects, deficiencies
or non-conforming Work discovered after one year. If this one-year guarantee conflicts with other
warranties or guarantees, the longer period of warranty or guarantee will govern.
5.0 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 and the Contract Time; provided, also, that when the
OWNER is having other work done, either by contract or by his own forces, 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, and the CONTRACTOR shall fully cooperate and coordinate its Work with OWNER
or such other contractors.
The CONTRACTOR shall submit, an updated schedule with every pay estimate for review 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. Such schedules shall show
completion of the Work within the Contract Time, and/or shall show such recovery efforts as
CONTRACTOR intends to undertake in the event Substantial Completion of the Work is delayed.
5.02 EXTENSION OF TIME. The CONTRACTOR agrees that he has submitted his
Bid 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 Substantial
Completion of the Work has been delayed solely by strikes, lockouts, fires, Acts of God, or by any
other cause which the ENGINEER shall decide justifies the delay. The CONTRACTOR shall give
the ENGINEER prompt notice, in writing and within three (3) days of the start of any such delay,
of the cause of any such delay, and its estimated effect on the Work and the schedule for
completion of the Work. Upon receipt of a written request for an extension of the Contract Time
from the CONTRACTOR, supported by relevant and all requested documentation, the
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ENGINEER shall submit such written request, together with his written recommendation, to the
OWNER for consideration. If the delay is not attributable in whole or in part to any act or
omission of CONTRACTOR, its subcontractors or suppliers, and if the OWNER determines that
CONTRACTOR is entitled to an extension of time under the terms of the Contract, the OWNER
shall grant an extension of time for Substantial Completion of the Work, sufficient to compensate
for the delay, and such extension of time shall be CONTRACTOR's sole and exclusive remedy,
except as may be otherwise provided herein. No extensions of Contract Time shall be made for
delays occurring prior to the Contractor's mobilization as defined in Section 01505
MOBILIZATION.
The Contract Time as defined in the Bid Proposal and other sections herein incorporates
40 Rain Days per calendar year or an average of 3.33 days per calendar month. The
CONTRACTOR is required to keep record of all weather related delays and to submit the monthly
count on each Pay Application. The Owner's Representative shall review and sign off on this
record as a part of the Pay Application approval process every month. If, during preparation of the
Balancing Change Order, the status of the work progress requires an extension of the Contract
Time, Impact Days shall be added to the Completion Date equal to the total number of Weather or
Impact Days approved less the original 40 days resident in the original Contract Time. The
Addition of Weather or Impact Days will only alter the Contract Time when added by Change
Order. If the Work is completed prior to the Completion Date, No Days will be added. The
addition of Weather or Impact Days shall be the CONTRACTOR's sole remedy for delays to the
completion of the Work and their addition to the Contract Time shall not affect the Contract Price
through any "per diem" adjustment to the General Conditions costs, Temporary Facilities costs or
any other costs associated with the extension of the Contract Time.
5.03 HINDRANCES AND DELAYS. In executing the Contract, 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 interference, disruption, hindrances and delays incident
to such Work, whether growing out of delays in securing material, workmen or otherwise. No
claim shall be made by the CONTRACTOR for damages, loss, costs or expense resulting from
interference, disruption, 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 or suspended by order of
the OWNER's representative and such stoppage or suspension is not attributable to any act or
omission of CONTRACTOR.
5.04 SUSPENSION OF WORK. OWNER may, without cause, order the
CONTRACTOR in writing to suspend the Work, in whole or in part, for such period of time as
OWNER may request. The Contract Price and/or Contract Time shall be adjusted for any increase
in the cost of or the time required for performance of the Work caused by such suspension. No
adjustment shall be made to the extent performance was or would have been suspended by a cause
for which CONTRACTOR is responsible, or to the extent an adjustment is made or denied under
another provision of the Contract Documents.
5.05 LIQUIDATED DAMAGES FOR DELAY: It is understood and agreed that time
is of the essence, and that the CONTRACTOR will commence the Work on the date specified
herein or in any Notice to Proceed, and will Substantially Complete the Work within the Contract
Time. It is expressly understood and agreed, by and between the CONTRACTOR and the
OWNER, that the time for the Substantial 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
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agrees that a failure to complete 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 Contract Time, the CONTRACTOR shall pay, as liquidated damages
and as a reasonable estimate of OWNER's damages, and not as a penalty, the amount set out in the
Standard Form of Agreement.
However, the foregoing agreement as to liquidated damages constitutes only an agreement by the
OWNER and the CONTRACTOR as to the amount of damages which the OWNER will sustain
by reason of the CONTRACTOR'S failure to complete the work within the Contract Time. Should
the OWNER suffer damage by reason of any other breach by CONTRACTOR, the OWNER may
recover such actual damages in addition to any liquidated damages due.
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.
5.06 CHANGE OF CONTRACT TIME: The Contract Time may only be changed by a
Change Order. Any claim for an adjustment of Contract Time shall be based on written notice
delivered by the party making such claim to the other party and to the ENGINEER promptly, but
in no event later than ten (10) days after the event-giving rise to the claim. Notice of the extent of
the claim, along with supporting data, shall be delivered within thirty (30) days of the occurrence
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 Contract Time shall be determined by the
ENGINEER in accordance with the requirements of this paragraph. Contractor shall submit, as a
minimum, the following data:
A. Information showing that the time requested is not included in the existing
Contract and in addition to the Contract.
B. Information documenting that the number of days requested is accurate for the
event.
C. Revised, current construction schedule showing that the time requested affects
the project's critical path.
5.07 DELAYS BEYOND OWNER'S AND CONTRACTOR'S CONTROL: Where
CONTRACTOR is prevented from completing any part of the Work within the Contract Time due
to delays beyond the control of the OWNER and the CONTRACTOR, including, but not limited
to, interference by utility owners or other contractors performing other work, Contractor shall be
entitled to an extension of the Contract Time in an amount equal to the time lost. CONTRACTOR
shall not be entitled to any increase in Contract Price as a result of such delays. IN NO EVENT
SHALL OWNER BE LIABLE TO CONTRACTOR FOR DAMAGES ARISING OUT OF OR
RESULTING FROM (i) Delays caused by, or within the control of, the CONTRACTOR, or (ii)
Delays beyond the control of both parties including, but not limited to, interference by utility
owners or other contractors performing other work, fires, floods, epidemics, abnormal weather
conditions, acts of God, even if such delays are due in part to the negligence, other fault, breach of
contract or warranty, violation of the Texas Deceptive Trade Act, or strict liability without regard
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to fault of OWNER. An extension of Contract time shall be CONTRACTOR's sole and exclusive
remedy for any such delays.
Delays attributed to, and within the control of, a Subcontractor or Supplier shall be
deemed to be delays within the control of the CONTRACTOR.
6.0 MEASUREMENT AND PAYMENT
6.01 DISCREPANCIES AND OMISSIONS. If the CONTRACTOR knows or
reasonably should have known of any discrepancies or omissions in the Contract Documents, he
shall notify the ENGINEER and obtain a clarification by Addendum 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 performed and has provided
sufficient sums in his Bid Proposal to complete the Work in accordance with the Contract
Documents. 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, volume,
number and weight only shall be considered, unless otherwise specifically provided.
6.03 ESTIMATED QUANTITIES. This Agreement, including the Contract
Documents, and including any estimates contained therein, is intended to convey 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 Bid 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 from
the estimates and that the items listed or estimated quantities stated, and/or any difference between
estimated and actual Work, shall not give rise to a claim by the CONTRACTOR against the
OWNER for loss, cost, expense, damages, unit price adjustment, quantity differences, unrecovered
overhead or lost or anticipated profits, or other compensation.
6.04 PRICE OF WORK. It is agreed that it is the intent of this Contract that all Work
described in the Bid Proposal, and Contract Documents, is to be done for the prices bid by the
CONTRACTOR and that such prices shall include all appurtenances necessary to complete the
Work in accordance with the intent of these Contract Documents as interpreted by the
ENGINEER, and all costs, expenses, bond and insurance premiums, taxes, overhead, and profit.
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 Contract
Documents, the OWNER agrees to pay to the CONTRACTOR the prices set forth in the Standard
Form of Agreement, OWNER and CONTRACTOR agree that the Contract is a unit cost
agreement, unless stated otherwise, and that the final Contract amount is equal to the unit cost
multiplied by the number of units authorized, installed and approved by the Owner.
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
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all expenses incurred by him, and for full performance of the Work and the whole thereof in the
manner and according to this Agreement, Contract Documents, and the requirements of the
ENGINEER.
6.05 PAYMENTS. No payments made or approvals 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, approval or payment be considered as acceptance of defective, deficient
or non-conforming Work. CONTRACTOR shall, at any time requested during the progress of the
Work, furnish the OWNER or the ENGINEER with an affidavit 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 unpaid
claims due subcontractors, suppliers or laborers by reason of any Work under the Contract.
Acceptance by CONTRACTOR of Final Payment shall constitute a waiver of any and all claims
of whatsoever nature against OWNER, arising out of or related to the Contract, or the Work, or
any acts or omissions of OWNER or ENGINEER, which have not theretofore been timely filed as
provided in this Contract.
6.06 PARTIAL PAYMENTS. When the Contract Price is a lump sum amount, prior to
the first Application for Payment, CONTRACTOR shall submit to ENGINEER for review and
approval a Schedule of Values, which shall fairly allocate the entire Contract Price among the
various portions of the Work and shall be prepared in such form and supported by such data to
substantiate its accuracy as the ENGINEER may reasonably require. The Schedule of Values
shall follow the trade divisions of the Specifications so far as practicable. Upon approval, this
Schedule of Values shall be used by ENGINEER as the basis for reviewing the Contractor's
Application for Payment. Applications for Payment shall indicate the percentage of completion of
each portion of the Work as of the end of the period covered by the Application for Payment.
On or before the tenth day of each month, the CONTRACTOR shall prepare and submit to the
ENGINEER, for approval or correction, an application for partial payment, being a statement
showing as completely as practicable, the agreed unit quantities and extended total value of the
Work done by the CONTRACTOR up to and including the twenty-fifth day of the preceding
month; said statement shall also include the value of all conforming materials to be fabricated into
the Work and stored in accordance with manufacturer's recommendations and as approved by the
OWNER or ENGINEER at the Work site only. No payment will be made for materials stored until
OWNER has approved in writing storage at the Work site. The ENGINEER shall then review
such statement of unit quantities and application for partial payment and the progress of the Work
made by the CONTRACTOR and, within ten days after the date ENGINEER receives
CONTRACTOR's application for payment, if the application is found to be accurate and correct
and the WORK conforming to the requirements of the Contract Documents, the ENGINEER shall
certify the application for partial payment and shall deliver his preliminary certification for
payment to the OWNER and the CONTRACTOR; or, if the ENGINEER finds that
CONTRACTOR's application for payment contains an error or is otherwise disputed, he shall
notify CONTRACTOR of such error or dispute, and shall prepare a preliminary certificate for
partial payment for the undisputed amount of the application for payment due CONTRACTOR,
and deliver it to the OWNER and CONTRACTOR. ENGINEER'S notice to CONTRACTOR that
a bona fide dispute for payment exists shall include a list of the specific reasons for nonpayment.
All payment applications made by CONTRACTOR and delivered to ENGINEER and all _
verifications and certification of such applications shall be made and transmitted within the Pro-
Trak system and signed with the appropriate electronic signatures as provided for in the software.
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Such applications for payment shall not be considered complete unless accompanied by the
CONTRACTOR'S Partial Waiver of Lien and Payment Affidavit, Section 00615, duly executed
by an authorized representative of the CONTRACTOR and reflecting the correct corresponding
amount of the payment application.
The OWNER shall then pay the CONTRACTOR, within thirty (30) days of the date of
ENGINEER's receipt of the application for payment, the undisputed balance due, less applicable
retainage, and further less all previous payments and all further sums that may be retained or
withheld by the OWNER under the terms of this Agreement. CONTRACTOR may submit a
corrected application for payment after its receipt of the ENGINEER's notice of error or dispute,
and such corrected application for payment shall be reviewed by the ENGINEER and disputed or
paid under the same procedure and within the same time limits set out above.
As a condition of any progress payment under this Agreement, CONTRACTOR shall execute and
deliver to ENGINEER and OWNER a full release of all claims, direct or indirect, at law or in
equity, arising out of or related to the Work to date, excluding retainage or any claims previously
submitted as required under the terms of the Contract, and specifically identified and excluded by
CONTRACTOR in the release.
OWNER shall be entitled to retain from each progress payment five percent (5%) of the amount
thereof Such retainage shall be retained until Final Completion and satisfaction of all conditions
for Final Payment. 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 for Work completed in
accordance with the Contract Documents, subject to OWNER's rights to otherwise withhold or
retain payments, and subject to the conditions set forth under"6.08 FINAL PAYMENT."
The Owner at its option and in compliance with Texas law may reduce retainage to less than the
above-stated percentages.
6.07 USE OF COMPLETED PORTIONS & PUNCHLIST. 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 promptly and within three (3) days of OWNER's
taking possession, give OWNER written notice of same, and CONTRACTOR may be entitled to
such extra compensation or extension of time, or both, as may be determined in accordance with
the provisions of this Agreement.
6.08 SUBSTANTIAL COMPLETION. The CONTRACTOR shall notify the OWNER
AND ENGINEER, by letter executed by a duly qualified officer of CONTRACTOR, that in
CONTRACTOR's opinion, the Work of the Contract, or an agreed portion thereof, is
"Substantially Complete". Such notification shall include a list of all outstanding or incomplete
items. Upon receipt, and within a reasonable time thereafter, of such notice, the ENGINEER and
the CONTRACTOR shall jointly perform a walk-through and inspection of the Work to determine
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CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
the status of all or the identified portion of the work, and the ENGINEER shall prepare a detailed
list of unfinished, incomplete, defective and/or- non-conforming Work ("Punchlist"). If the
ENGINEER determines that the Work is Substantially Complete in accordance with the Contract
Documents, the ENGINEER shall issue to the OWNER and the CONTRACTOR a Certificate of
Substantial Completion. OWNER shall have seven (7) days after receipt of Certificate to make
written objection to the ENGINEER as to any provision of the Certificate or the attached list of
non-conforming work. If ENGINEER concludes that the Work is not Substantially Complete,
ENGINEER will, within fourteen (14) days, notify CONTRACTOR of the reason he believes the
Work is not Substantially Complete. Upon Substantial Completion of the Work, ENGINEER will
deliver to OWNER and CONTRACTOR a written recommendation as to division of
responsibilities, pending final payment and acceptance, with respect to security, maintenance,
utilities and damage to the Work, except as otherwise provided in the Certificate of Substantial
Completion. NEITHER THE SUBSTANTIAL COMPLETION OF THE WORK, NOR THE
OMISSION OF AN ITEM FROM THE PUNCHLIST, SHALL EXCUSE THE CONTRACTOR
FROM PERFORMING ALL OF THE WORK UNDERTAKEN, WHETHER OF A MINOR OR
MAJOR NATURE, AND THEREBY COMPLETING THE WORK IN ACCORDANCE WITH
THE CONTRACT DOCUMENTS. The Certificate of Substantial Completion shall establish the
time period within which CONTRACTOR shall complete the Work for Final Acceptance by the
Owner and ENGINEER.
6.08-1 OWNER shall have the right to exclude CONTRACTOR from the Work after the
date of Substantial Completion, for security requirement reasons. OWNER may establish an
access procedure to facilitate CONTRACTOR's uninterrupted access to the Work for the purposes
of completing and correcting all items on the Punchlist in an expeditious manner.
6.09 FINAL PAYMENT. Final payment of the Retainage withheld from the Contract
Price shall be made by the OWNER to the CONTRACTOR at such time as:
(a) the Work, including all Change Orders and including all Punchlist work, has been
fully completed in strict accordance with the Contract Documents;
(b) the Contract has been fully performed except for the CONTRACTOR's
responsibility to correct nonconforming Work during the warranty period set forth
in the Contract Documents, and to satisfy other requirements, if any, which
necessarily survive final payment;
(c) CONTRACTOR delivers to OWNER a certificate evidencing that insurance
required by the Contract Documents to remain in force after final payment is
currently in effect and will not be cancelled or allowed to expire until at least 30
days prior written notice has been given to OWNER;
(d) CONTRACTOR delivers to OWNER a Consent of Surety, if any, to final payment;
(e) CONTRACTOR delivers to OWNER a complete set of As-Built Drawings,
reflecting all deviations from the Plans, Specifications and approved shop drawings
in the Work actually constructed, and delivers all maintenance and operating
manuals and/or instructions;
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CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
(f) CONTRACTOR delivers to OWNER all building certificates required prior to
occupancy and all other required inspections/approvals /acceptances by city,
county, state governmental entities or other authorities having jurisdiction;
(g) CONTRACTOR delivers to OWNER assignments of all guarantees and warranties
from subcontractors, vendors, suppliers or manufacturers, as well as names,
addresses and telephone numbers of contacts for each subcontractor, vendor,
supplier or manufacturer;
(h) CONTRACTOR removes all equipment, tools, temporary facilities, surplus
materials and rubbish from the site, and final cleans the site to OWNER's
satisfaction;
(i) CONTRACTOR delivers to OWNER a Full and Final Release and Affidavit of
Bills Paid in the form attached hereto as Attachment No. 2, executed by
CONTRACTOR;
(j) CONTRACTOR delivers to OWNER all other documentation required to be
submitted to OWNER pursuant to the Contract Documents, including but not
limited to any special guarantees or warranties, operation and maintenance
manuals, etc'. in each case in a form satisfactory to OWNER as determined in
OWNER's sole discretion; and
(k) the Final Application for Payment has been approved by the ENGINEER and
OWNER.
Acceptance of Final Payment by the CONTRACTOR shall constitute a waiver of all claims by
CONTRACTOR against OWNER other than any claims previously made in writing by
CONTRACTOR against OWNER, and still unsettled, and except for claims arising out of third
party actions, cross-claims and counterclaims. No interest shall be due or payable by OWNER to
CONTRACTOR on any sums retained or withheld by OWNER pursuant to the terms or
provisions of the Contract Documents, except as otherwise provided by applicable law. Neither
the Certificate of Substantial Completion nor the Final Payment nor possession or acceptance of
the Work shall relieve the CONTRACTOR of its obligation for correction of defective or non-
conforming Work, or for fulfillment of any warranty, which may be required by law or by the
Contract Documents.
6.10 CORRECTION OF WORK BEFORE FINAL PAYMENT. The CONTRACTOR
shall promptly remove from OWNER's premises all materials, equipment or Work which is
defective or otherwise not in conformance with the Contract Documents, whether actually
incorporated in the Work or not, and CONTRACTOR shall, at his own expense, promptly replace
such materials, equipment or Work with other materials conforming to the requirements of the
Contract. The CONTRACTOR shall also bear the expense of restoring all work of
CONTRACTOR or other contractors damaged by any such removal or replacement. If
CONTRACTOR does not remove and replace any such unsuitable Work within ten (10) business
days 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.
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6.11 CORRECTION OF WORK AFTER FINAL PAYMENT. If within one (1) year
from the date of Substantial Completion or such longer period of time as may be prescribed by law ,'
or by the terms of any applicable special warranty required by the Contract Documents, any of the
Work is found to be defective or not in accordance with the Contract Documents, CONTRACTOR
shall, at its sole cost, correct it and any other work affected thereby promptly after receipt of a
written notice from OWNER to do so. In addition, CONTRACTOR shall be responsible for any
damage to building contents, when such damage results from the CONTRACTOR's use of faulty
materials or defective workmanship; to the extent such damage is not covered by OWNER's
insurance. This warranty period shall renew and recommence for each corrected item of Work
upon completion of the remedial work. This time period for correction by CONTRACTOR is in
addition to, and not in lieu of, all warranties or remedies, which exist at common law or by statute.
These warranty obligations shall survive the termination of this Contract, and shall be enforceable
by a decree of specific performance, in addition to such other rights and remedies available to
OWNER at law or in equity.
6.12 PAYMENTS WITHHELD. The OWNER may withhold, or on account of
subsequently discovered evidence nullify and demand immediate repayment of, the whole or part
of any certificate for payment or payment, to such extent as may be necessary to protect OWNER
from loss on account of:
(a) Defective or non-conforming Work not remedied;
(b) Claims filed or reasonable evidence indicating probable filing of claims;
(c) Failure of the CONTRACTOR to make payments promptly to subcontractors or
for material or labor;
(d) Damage to another contractor, OWNER, existing improvements on the site, or to
adjacent or adjoining property;
(e) Reasonable doubt that the Work can be completed for the unpaid balance of the
Contract amount;
(f) Reasonable indication that the Work will not be completed within the Contract
Time;
(g) 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;
(h) Liquidated or other damages due to late completion; and/or
(i) Any breach by CONTRACTOR of this Contract or any other agreement between
OWNER and CONTRACTOR.
When the above grounds are removed to OWNER's satisfaction, the withheld payment shall be
made promptly. If the said causes are not so remedied, OWNER may remedy the same for
CONTRACTOR's account, charge the entire cost thereof to CONTRACTOR and deduct such cost
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CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
from the Contract Sum or from any payments due or to become due under any other agreement
between OWNER and CONTRACTOR.
6.13 DELAYED PAYMENTS. Should the OWNER fail to make payment to the
CONTRACTOR when payment is due in accordance with the terms of the Contract Documents,
any interest due CONTRACTOR for late payments shall accrue and be paid in accordance with
the provisions of Chapter 2251 of the Texas Government Code, as amended, and payment of such
interest shall fully liquidate and compensate any injury to the CONTRACTOR growing out of
such delay in payment. Should OWNER fail to pay CONTRACTOR an undisputed amount due
within the time limits provided in the Contract or applicable law, CONTRACTOR shall give the
notice required and comply with the provisions of Section 2251.051 of the Texas Government
Code, and shall thereupon be entitled to the rights and remedies provided therein.
7.0 EXTRA WORK AND CLAIMS
7.01 DIFFERING SITE CONDITIONS. During the progress of the work, if subsurface, latent
physical conditions or unknown physical conditions of an unusual nature are encountered at the
site that differ materially from those indicated in the contract or from those ordinarily encountered
and generally recognized as inherent in the work provided for in the contract, the CONTRACTOR
shall notify the OWNER's Representative in writing within three (3) calendar days of the specific
differing conditions before the site is disturbed and before the affected work is performed.
(a)Upon written notification, the ENGINEER will investigate the conditions, and if it is
determined that the conditions materially differ and cause an increase or decrease in the
cost or time required for the performance of any work under the contract, an adjustment,
excluding anticipated profits, will be made and the contract modified in writing
accordingly. The ENGINEER will notify the CONTRACTOR in writing of the
determination whether or not an adjustment of the contract is warranted.
(b)No contract adjustment which results in a benefit to the CONTRACTOR will be
allowed unless the CONTRACTOR has provided the required written notice.
(c)No contract adjustment will be allowed under this clause for any effects caused on
unchanged work.
7.02 SUSPENSIONS OF WORK ORDERED BY THE ENGINEER. If the performance of all
or any portion of the work is suspended by the ENGINEER in writing for seven (7) calendar days
and the CONTRACTOR believes that additional compensation and/or contract time is due as a
result of such suspension,the CONTRACTOR shall submit a written request for adjustment to the
ENGINEER within seven (7) calendar days of receipt of the notice to resume work. The request
shall set forth the reasons and support for such adjustment.
(a)Upon receipt, the ENGINEER will evaluate the CONTRACTOR's request. If the
ENGINEER agrees that the cost and/or time required for the performance of the contract
has increased as a result of such suspension and the suspension was caused by conditions
beyond the control of and not the fault of the CONTRACTOR, its suppliers, or
subcontractors at any approved tier, and not caused by weather, the ENGINEER will make
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CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
an adjustment (excluding profit) and modify the contract in writing accordingly. The
CONTRACTOR will be notified of the ENGINEER's determination, in writing, whether or
not an adjustment of the contract is warranted.
(b)No contract adjustment will be allowed unless the CONTRACTOR has submitted the
request for adjustment within the time prescribed.
(c)No contract adjustment will be allowed under this clause to the extent that performance
would have been suspended by any other cause, or for which an adjustment is provided or
excluded under any other term or condition of this contract.
7.03 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.
7.04 In accordance with paragraph 1.07 CONTRACTOR'S request to work weekends,
the Owner's Construction Manager shall, upon receipt of written notice by the CONTRACTOR of
the need to conduct work on otherwise non-Work Days,prepare a cost estimate for providing
Construction Management and Inspection services during the requested period and submit this to
both OWNER and CONTRACTOR. If approved by both parties the Construction Manager shall
prepare a Deductive Change Order in the amount stated in the estimate for the signature of the
CONTRACTOR and the OWNER for inclusion in the next Pay Application. The Deductive
Change Order must be signed and executed by both the OWNER and CONTRACTOR prior to
start of work on any non-Work Day.
7.05 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 or time. If the CONTRACTOR believes that any minor changes authorized by the
ENGINEER involves Extra Work or entitles him to an increase in the Contract Price or the
Contract Time, the CONTRACTOR shall give notice of same by written request to the
ENGINEER for a written Work Order, with a copy to OWNER. Any such notice and request by
the CONTRACTOR shall be given prior to beginning the changed work. CONTRACTOR's
commencement of any minor change in the Work prior to such written notice and request shall
constitute a waiver of any and all claims for an increase in the Contract Price or the Contract Time
arising out of or related to such changed work.
7.06 EXTRA WORK. It is agreed that the CONTRACTOR shall perform all work
when presented with a written Change Order, Work Change Directive or Work Order signed by
the ENGINEER, subject, however, to the right of the CONTRACTOR to require written
confirmation of such Change Order, Work Change Directive or Work Order by the OWNER. It is
agreed that the basis of compensation or adjustment to the CONTRACTOR for work either
altered, added or deleted by a Change Order or Work Change Directive, or for which a claim for
Extra Work is made, shall be determined by one or more of the following methods:
Method(A) --By Contract unit prices applicable to the work, if any; or
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CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
Method(B) --By agreed unit prices or agreed stipulated lump sum price; or
Method(C) --If neither Method (A) nor Method (B) can be agreed upon before the Extra
Work is commenced, then the CONTRACTOR shall be paid the "Actual Field Cost" of
the work plus:
a) For subcontractors performing work mark-up shall be limited to fifteen
percent, ten (10%) for the subcontractor plus five (5%) for the General Contractor
or
b)For the General Contractor alone, self-performing the extra work, without
subcontractor, the mark-up shall not exceed ten percent (10%), as full and final
compensation for the Extra Work and all costs and expenses, direct or indirect,
arising out of or related thereto.
In the event said Extra Work or Change Order or Work Change Directive 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 as 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 or Change Order or Work
Change Directive 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 the Contract
Documents, plus all payments to subcontractors for such work.
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. The mark-up of the "Actual Field
Cost" to be paid to the CONTRACTOR, shall cover and compensate him for his profit, overhead,
and all other elements of cost and expense not embraced within the "Actual Field Cost" as herein
defined, save that where the CONTRACTOR's field office must be maintained solely on account
of such Extra Work, then the cost to maintain and operate the same shall be included in the
"Actual Field Cost."
No claim for Extra Work of any kind will be allowed unless ordered by the ENGINEER in a
written Work Order. 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 Contract Time, he shall make written request to the ENGINEER for a written
Work Order authorizing such Extra Work within ten (10) days of ENGINEER's orders or
instructions, otherwise the orders or instructions will be considered minor changes. The issuance
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CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
of a Work Order by the ENGINEER shall not constitute or be construed as an agreement or
acknowledgement by the ENGINEER that the work which is the subject of the Work Order is
Extra Work outside the scope of the Contract Work, but shall merely constitute a direction to the
CONTRACTOR to perform the work, and the CONTRACTOR shall proceed with the work, and
shall keep an accurate account of the "Actual Field Cost" thereof, as provided under Method (C).
Upon completion of the alleged Extra Work, the CONTRACTOR shall promptly and within ten
(10) days submit his claim to the ENGINEER by proper certification and attestation, on forms
provided by the ENGINEER. The ENGINEER shall render a written decision on
CONTRACTOR's claim within ten (10) days. It is mutually agreed between the parties that the
ENGINEER's decision on all claims or questions in relation to the Work, CONTRACTOR's
performance of the Work, any changes in the Work or Extra Work, the Contract Price and/or the
Contract Time, shall be final and conclusive and binding upon the parties. If the ENGINEER
shall fail to respond in writing to CONTRACTOR's claim within thirty (30) days of the date of
submission, or if CONTRACTOR shall dispute or object to ENGINEER's decision on any claim,
and CONTRACTOR fails to file a Request for Mediation of such claim in accordance with the
provisions of Article 9.0, within sixty(60) days after the date of submission to the ENGINEER, or
such longer period as the parties may agree to in writing, the CONTRACTOR shall lose and
forfeit his right to make such claim for Extra Work at any later date, and all such claims held by
the CONTRACTOR shall be deemed waived, forfeited and forever barred. CONTRACTOR shall
continue to diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute
resolution process between OWNER and CONTRACTOR.
7.07 TIME OF FILING CLAIMS. Except as otherwise provided herein, all questions
of dispute or adjustment shall be made within the Pro-Trak system and filed with the ENGINEER
within three (3) 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, and render his final decision in writing. It is mutually agreed between
the parties that the ENGINEER's decision on all claims or questions in relation to the Work,
CONTRACTOR's performance of the Work, any changes in the Work or Extra Work, the
Contract Price and/or the Contract Time, shall be final and conclusive and binding upon the
parties. 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 CONTRACTOR's
request, or such longer period as may be agreed to by the parties in writing. 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 meeting, or
such longer period as the parties may agree to in writing, to file a Request for Mediation of such
claim in accordance with the provisions of Article 9.0. In the event the CONTRACTOR shall fail,
for any reason, to timely file a Request for Mediation, the OWNER shall be released of any and all
liability, and the CONTRACTOR's failure to timely file a Request for Mediation shall constitute a
waiver, forfeit and final bar of all such claims held by the CONTRACTOR against the OWNER.
CONTRACTOR shall continue to diligently prosecute the Work notwithstanding any pending
claim, dispute, or dispute resolution process between OWNER and CONTRACTOR.
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8.0 DEFAULT
8.01 DEFAULT BY CONTRACTOR. In case the CONTRACTOR should abandon
and fail or refuse to resume Work within five (5) 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, or if the CONTRACTOR otherwise
defaults on its obligations under the Contract, OWNER shall have the right, if it so elects and
without prejudice to any other rights it may have, after giving five (5) days written notice of
default to CONTRACTOR and any surety, to terminate the Contract or any part thereof and/or to
take over or cause others to take over the Work or any part thereof, and to complete such Work for
the account of CONTRACTOR. Where Performance and Payment Bonds exist, the sureties on
these bonds shall be directed to complete the Work in conjunction with the notice of default, and a
copy of said notice shall be delivered to the CONTRACTOR.
d
After receiving said notice of default, the CONTRACTOR shall promptly and within no more than
three (3) days, remove from the Work any machinery, equipment, or tools then on the job, not
intended for incorporation into the Work. Should CONTRACTOR fail to promptly remove such
machinery, equipment or tools, OWNER may remove such machinery, equipment or tools and
store same at CONTRACTOR's expense; return such machinery, equipment or tools to their
purported owner; or otherwise dispose of such machinery, equipment or tools as OWNER sees fit.
Any materials, supplies and/or equipment delivered for use in the Work, may be used in the
completion of the Work by the OWNER or the surety on the Performance Bond, or another
contractor in completion of the Work; it being understood that the use of such equipment, supplies
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 expeditiously 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 or any
other agreement between OWNER and CONTRACTOR. 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 be
credited with 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 promptly
pay the amount of such excess to the OWNER upon demand; or
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CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
(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 completion contract, as compared to what would
have been the cost under this Contract, such increase shall be charged to the
CONTRACTOR, and the amount of such increase may be deducted 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 or any
other agreement between OWNER and CONTRACTOR, or the CONTRACTOR
and/or his surety shall promptly pay the amount of such increase to the OWNER
upon demand. However, should the cost to complete any such completion 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.
In the event of a default by CONTRACTOR, no further payments shall be made to
CONTRACTOR under the Contract until the Work is Finally Completed. When the Work shall
have been Finally Completed, the CONTRACTOR and his surety shall be so notified. A complete
itemized statement of the Contract accounts, certified by the ENGINEER as being 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. The
OWNER, prior to incurring an obligation to make payment hereunder, shall have such statement
of completion attested to by the CONTRACTOR and the surety as accurate, and in exchange for
payment of the sum stated therein, the OWNER shall be entitled to a full and final release of any
claims or demands by the CONTRACTOR or the surety.
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 which are the property of
CONTRACTOR 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
reputed owners.
8.02 SUPPLEMENTATION OF CONTRACTOR FORCES. If CONTRACTOR at any
time shall, in OWNER'S sole opinion, fail to furnish skilled workers, suitable materials, supplies
or adequate equipment sufficient for the prompt, timely and diligent prosecution of the Work in
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CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
accordance with OWNER's direction, OWNER shall have the right, without prejudice to the
exercise of other remedies for the same default and without fully taking over the Work, to
supplement CONTRACTOR's forces and to expedite delivery of and to procure and furnish such
workers, materials, tools, supplies or equipment for CONTRACTOR's account by employing
other contractors and suppliers engaged in the same class of work and charge the entire cost
thereof to CONTRACTOR, said cost to be deducted from sums due or to become due to
CONTRACTOR under the Contract or any other agreement with OWNER or any parent,
subsidiary or affiliate of OWNER.
8.03 CUMULATIVE REMEDIES & SPECIFIC PERFORMANCE. All rights and
remedies of OWNER, under the terms of the Contract and/or available at law or in equity, are
cumulative. In the event CONTRACTOR or any of its subcontractors, vendors or suppliers fails
or refuses for any reason to provide timely manufacture, fabrication, delivery, installation,
erection, construction or completion of any supplies, materials, expendables, equipment,
machinery, accessories or appurtenances to be furnished hereunder, CONTRACTOR
acknowledges and agrees that such items are required, necessary, essentially unique to the Project
and the Work and will cause irreparable harm to OWNER and the Project if not furnished in
accordance with the Contract, and OWNER shall have the right to obtain a decree of specific
performance and mandatory injunctive relief from any Court of competent jurisdiction to ensure
the timely furnishing of such items.
8.04 CROSS-DEFAULT. If, for any reason, CONTRACTOR is declared in default
and/or terminated by OWNER under any other agreement with OWNER, whether related to the
Project or not related to the Project, OWNER shall have the right to offset and apply any amounts
which might be owed to OWNER by CONTRACTOR under any other such agreements against
any earned but unpaid amounts owing to CONTRACTOR by OWNER under the Contract, any
retainage earned by CONTRACTOR under the Contract or any unearned, unpaid amount under
the Contract.
8.05 INSOLVENCY. It is recognized that if CONTRACTOR becomes a debtor in
voluntary or involuntary bankruptcy proceedings, makes a general assignment for the benefit of
creditors, or if a receiver is appointed on account of his insolvency, such events could seriously
impair or frustrate CONTRACTOR's performance of the Work. Accordingly, it is agreed that
should CONTRACTOR become a debtor in bankruptcy, either voluntary or involuntary,
CONTRACTOR shall notify OWNER in writing within twenty-four (24) hours of the filing with
the bankruptcy court. Further, it is agreed that upon occurrence of any one or more such events,
OWNER shall be entitled to request of CONTRACTOR or its successors, trustees or receivers,
adequate assurances of future performance. In the event such adequate assurances are not given to
the reasonable satisfaction of OWNER within seventy-two (72) hours of such request, OWNER
shall have the right to immediately invoke the remedies of this Section 8 or as provided by law.
Pending receipt of such adequate assurances of such future performance, OWNER may proceed
with the Work on a temporary basis and deduct the costs, plus reasonable overhead and profit,
from any amounts due or which may become due to CONTRACTOR under the Contract or any
other agreement with OWNER. In this regard, OWNER and CONTRACTOR agree that delays in
performance could result in more damages to CONTRACTOR than would be sustained if
OWNER failed to exercise such remedies.
8.06 CONTINGENT ASSIGNMENT. CONTRACTOR hereby assigns to OWNER, all
of CONTRACTOR's rights under and interest in any and all subcontracts and/or purchase orders
10-2012 00700-33 of 36
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
entered into by CONTRACTOR pursuant to this Agreement, such assignment to become effective
upon CONTRACTOR's default under this Agreement or OWNER's termination of this Contract,
and OWNER's acceptance of such assignment. Upon CONTRACTOR's default or OWNER's
termination of this Contract, OWNER may, in the event there is no performance bond for the
Contract, or in the event the performance bond surety fails to complete the Contract, or if OWNER
otherwise so elects in its sole discretion, accept such assignment by written notice of such
acceptance to CONTRACTOR and subcontractor, and may require subcontractors to perform all
of the then unperformed duties and obligations under the subcontract, for the direct benefit of
OWNER. In the event OWNER requires such performance by a subcontractor, then OWNER
shall be obligated to pay such subcontractor any amounts due and owing under the terms of the
subcontract/purchase order, at the subcontract prices and rates, and subject to any rights of
withholding or offset and other terms and conditions of the subcontract, for all work properly
performed by such subcontractor, to the date of OWNER's acceptance and thereafter. OWNER's
liability in this connection, however, shall not exceed the amount obtained by subtracting all
payments made by CONTRACTOR to subcontractor from the Subcontract Price at the time of
CONTRACTOR's default or OWNER's termination of CONTRACTOR. CONTRACTOR shall
include a provision in its subcontracts that allows such assignment and allows OWNER to take
these actions, and further provides that in the event of CONTRACTOR's termination for default,
the subcontractor agrees to give the OWNER or its agent the right to inspect all books and records
of subcontractor relating to the Work.
8.07 WAIVER OF CONSEQUENTIAL DAMAGES. CONTRACTOR expressly
waives any and all claims for consequential damages against OWNER arising out of or related to
this Contract, or any other agreements between CONTRACTOR and OWNER, including, but not
limited to, claims for damages incurred by CONTRACTOR for principal office expenses,
including the compensation of personnel stationed there, losses of financing, bonding capacity,
business and reputation, and claims for lost profit, whether on this Contract or otherwise.
8.08 TERMINATION FOR CONVENIENCE. OWNER may at its sole discretion,
upon five (5) days written notice to CONTRACTOR, terminate this Contract, in whole or in part,
if and when OWNER determines that it is in the best interest of OWNER to do so. Upon receipt
of such written notice from OWNER, CONTRACTOR shall cease all terminated Work and take
reasonable precautions to protect and preserve such work, and shall take all reasonable measures
after consultation with OWNER to terminate or assign to OWNER all subcontracts, purchase
orders or other commitments related to the Work or the Project on terms and conditions acceptable
to OWNER. CONTRACTOR will be paid for all Work performed in strict accordance with the
Contract Documents, based upon the Contract Price and the percentage of completion on the date
of termination, and less amounts previously paid, subject to any reasonable backcharges
attributable to CONTRACTOR's failure to comply with any of the provisions of this Contract and
further subject to the other terms of this Contract regarding payment. In no event will
CONTRACTOR receive or be entitled to any payment or compensation whatsoever for
interruption of business or loss of business opportunities, any other items of consequential
damages, for overhead or loss of profits on the unperformed Work and/or services and unfurnished
materials or for any intangible, impact or similarly described cost, damages or expense, and under
no circumstances shall the total sum paid to or received by CONTRACTOR under this Contract
exceed the Contract Price. The compensation provided herein shall be CONTRACTOR's sole and
exclusive remedy arising out of a termination for convenience.
10-2012 00700-34 of 36
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
8.09 DEFAULT BY OWNER. In case the OWNER shall default on its material
obligations under this Contract, other than OWNER's failure to pay CONTRACTOR a disputed
amount due within the time limits provided in the Contract or applicable law, as addressed by
Section 6.13 of this Agreement, and shall fail or refuse to cure, or to commence and diligently
pursue cure of such default within fifteen (15) 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 incorporated
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 Contract Prices), the value of all partially completed Work at a fair
and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or
provided for by the terms of this Contract, and a reasonable sum to cover the cost of any
provisions made by the CONTRACTOR to carry the whole Work to completion and which cannot
be utilized. The ENGINEER shall then make a final statement of the balance due the
CONTRACTOR by deducting from the above estimate all previous payments by the OWNER and
all other sums that may be retained by the OWNER under the terms of this Agreement, and shall
present the same to the OWNER, and OWNER's payment of said sum to the CONTRACTOR, on
or before thirty (30) days after OWNER's receipt of such statement, shall satisfy any and all
rights, claims or causes of action of CONTRACTOR arising out of or related to such default by
OWNER, and shall be CONTRACTOR's sole and exclusive remedy for such default. A disputed
or unilateral claim by the Contractor cannot by itself constitute a default hereunder.
9.0 DISPUTE RESOLUTION
Any dispute or pending claim or dispute resolution process between OWNER and
CONTRACTOR shall not excuse or relieve CONTRACTOR of its obligations under the Contract,
and CONTRACTOR shall diligently prosecute the Work notwithstanding any pending claim,
dispute, or dispute resolution process between OWNER and CONTRACTOR.
All claims, disputes and other matters in question arising out of or relating to, the Contract,
or the breach thereof, shall be subject to mediation as a condition precedent to any other dispute
resolution process as may be selected by OWNER. Unless mutually agreed otherwise the
mediation shall be conducted by a third party who will be selected by agreement between
OWNER and CONTRACTOR, and Request for Mediation shall be filed with the other party. The
parties shall share the mediator's fee and any filing fees equally.
If a claim, dispute or other matter in question between OWNER and CONTRACTOR
involves the work of a subcontractor or supplier, OWNER or CONTRACTOR may join such
subcontractor or supplier as a party to any mediation proceeding between OWNER and
CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts and/or purchase
orders related to the Work a specific provision whereby the subcontractor or supplier consents to
being joined in mediation between OWNER and CONTRACTOR involving the work of such
subcontractor or supplier.
This Contract shall be governed by the laws of the State of Texas and shall be considered
performable in Brazoria County, Texas, for venue purposes. Further, the OWNER and
CONTRACTOR stipulate that venue for any dispute resolution proceeding involving or touching
upon the Contract other than the conduct of an arbitration hearing shall be in Brazoria County,
10-2012 00700-35 of 36
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
Texas, or, if such choice of venue is prohibited or unenforceable by law, shall be held in the
county where the Project is located.
CONTRACTOR agrees to pay OWNER all reasonable attorneys' fees incurred by
OWNER in the event OWNER seeks to enforce any provision of this Contract whether by
arbitration or other dispute resolution process. Further, in the event OWNER defends any claim
instituted by CONTRACTOR against OWNER, whether in arbitration or other dispute resolution
process, CONTRACTOR agrees to pay OWNER all reasonable attorneys' fees incurred by
OWNER in defending such claim provided OWNER is the prevailing party, in whole or in part, in
such proceeding.
10-2012 00700-36 of 36
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
Section 00700
GENERAL CONDITIONS OF AGREEMENT
TABLE OF CONTENTS Page
No.
1.0 DEFINITIONS AND INTERPRETATIONS 1
1.01 Owner, Contractor and Engineer
1.02 Contract Documents
1.03 Subcontractor
1.04 Written Notice
1.05 Work
1.06 Extra Work
1.07 Work Day
1.07-1 Rain Day
1.07-2 Impact Day
1.08 Calendar Day
1.09 Substantially Completed
1.10 Interpretation of Words and Phrases
1.11 Referenced Standards
1.12 Contract Time
1.13 Construction Inspector
1.14 Balancing Change Order
2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER 4
2.01 No Warranty of Design
2.02 Right of Entry
2.03 Ownership of Plans
10-2012 00700-i
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
2.04 Changes and Alterations
2.05 Damages
3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 6
3.01 Owner-Engineer Relationship
3.02 Keeping of Plans and Specifications Accessible
3.03 Preliminary Approval
3.04 Inspection by Engineer
3.05 Determination of Questions and Disputes
3.06 Recommendation of Payment
4.0 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 8
4.01 Independent Contractor
4.02 Contractor's Understanding
4.03 Laws and Ordinances
4.04 Assignment and Subletting
4.05 Performance and Payment Bonds [and Maintenance Bond]
4.06 Insurance
4.07 Permits and Fees
4.08 Texas State Sales Tax
4.09 Contractor's Duty and Superintendence
4.10 Character of Workers
4.11 Labor, Equipment, Materials, Construction Plant and Buildings
4.12 Sanitation
4.13 Cleaning and Maintenance
4.14 Performance of Work
4.15 Right of Owner to Accelerate the Work
10-2012 00700-ii
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
4.16 Layout of Work
r
4.17 Shop Drawings
4.18 Engineer-Contractor Relationship; Observations
4.19 Observation and Testing
4.20 Defects and Their Remedies
4.21 Liability for Proper Performance
4.22 Protection Against Accident To Employees and the Public
4.23 Protection of Adjoining Property
4.24 Protection against Claims of Subcontractors, Laborers, Materialmen,
and Furnishers of Equipment, Machinery and Supplies
4.25 Protection Against Royalties or Patented Invention
4.26 Indemnification
4.27 Losses From Natural Causes
4.28 Guarantee
5.0 PROSECUTION AND PROGRESS 18
5.01 Time and Order of Completion
5.02 Extension of Time
5.03 Hindrances and Delays
5.04 Suspension of Work
5.05 Liquidated Damages for Delay
5.06 Change of Contract Time
5.07 Delays Beyond Owner's and Contractor's Control
6.0 MEASUREMENT AND PAYMENT 21
6.01 Discrepancies and Omissions
6.02 Quantities and Measurements
10-2012 00700-iii
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
6.03 Estimated Quantities
6.04 Price of Work
6.05 Payments
6.06 Partial Payments
6.07 Use of Completed Portions &Punchlist
6.08 Substantial Completion
6.08-1
6.09 Final Payment
6.10 Correction of Work Before Final Payment
6.11 Correction of Work After Final Payment
6.12 Payments Withheld
6.13 Delayed Payments
7.0 EXTRA WORK AND CLAIMS 27
7.01 Differing Site Conditions
7.02 Change Orders
7.03 Change Orders
7.04 Request for Work Approval for Work on Non-Work Days
7.05 Minor Changes
7.06 Extra Work
7.07 Time of Filing Claims
8.0 DEFAULT 31
8.01 Default by Contractor
8.02 Supplementation of Contractor Forces
8.03 Cumulative Remedies & Specific Performance
8.04 Cross-Default
10-2012 00700-iv
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
8.05 Insolvency
8.06 Contingent Assignment
8.07 Waiver of Consequential Damages
8.08 Termination for Convenience
8.09 Default by Owner
9.0 DISPUTE RESOLUTION 35
ATTACHMENT NO. 1: WORKERS' COMPENSATION INSURANCE COVERAGE Al
ATTACHMENT NO. 2: AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S
SWORN RELEASE BI
ATTACHMENT NO. 3: OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR Cl
10-2012 00700-v
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
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 (TWCC81, 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
the Project warranty period has expired.
Persons providing services on the project includes persons or entities performing
all or part of the services the contractor has undertaken to perform on the project,
regardless of whether that person contracted directly with due contractor and
regardless of whether that person has employees. This includes, without
limitation, independent contractors, subcontractors, motor carriers and owner-
operators, (as defined at Section 406.121 of the Texas Labor Code), leasing
companies, and 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, Title 5 Workers' Compensation, Subtitle A
Texas Workers' Compensation Act, 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 OWNER showing that
coverage has been extended.
E. The CONTRACTOR shall obtain from each subcontractor or other person providing
services on a project, and provide to the OWNER:
(I) a certificate of coverage, prior to that person beginning work on the Project, so the
OWNER will have on file certificates of coverage showing coverage for all
persons providing services on the Project; and
05/2007 00700-Al
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
(2) no later than seven days after receipt by the CONTRACTOR and 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.
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 OWNER in writing by certified mail or personal
delivery, within 10 days after the CONTRACTOR knew or should have known, of any
changes that materially affect 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 identity 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."
The CONTRACTOR shall contractually require each person with whom it contracts to
provide services on a project, too:
(1) provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Title 5 Workers' Compensation, Subtitle A
Texas Workers' Compensation Act, 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:
05/2007 00700-A2
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
(3) provide the CONTRACTOR,prior to the end of the coverage period, a new
certificate of coverage, showing extension of coverage, if the coverage period
shown on the current certificate of coverage ends during the duration of the
Project;
(4) obtain from each other person with whom it contracts, and provide to the
CONTRACTOR:
(a) a certificate of coverage, prior to the other person beginning work on the
Project; and
(b) a new certificate of coverage showing extension of coverage,prior to the
end of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the Project;
(5) retain all required certificates of coverage on file for the duration of the Project
and for one year thereafter;
(6) notify the OWNER in writing by certified mail or personal delivery, within 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) - (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 OWNER 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 OWNER to pursue all rights and
remedies available to it under the Contract, at law or in equity, if the CONTRACTOR does
not remedy the breach within ten days after receipt of notice of breach from the OWNER.
05/2007 00700-A3
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
ATTACHMENT NO. 2 TO GENERAL CONDITIONS
AGREEMENT FOR FINAL PAYMENT
AND CONTRACTOR'S SWORN RELEASE
In consideration of the Final Payment under that certain contract between COMPANY
NAME (hereafter "CONTRACTOR") and the City of Pearland (hereafter "OWNER") for the
Projects known as Fiber Backbone — Dixie Farm Road (FM 518 to Longwood Treatment Plant),
Old Alvin Rd Widening (Fiber Optic Network Connection Plan), and Fiber Backbone —Pearland
Parkway (Oiler Dr to John Lizer to City Hall) (the "Contract"), the CONTRACTOR makes the
following representations to OWNER, either individually if a proprietorship, or jointly and
severally by all general partners if a partnership, or if a corporation, by action of the president and
secretary of said corporation, as duly authorized by appropriate action of the stockholders and/or
board of directors of said corporation, their signatures hereon constituting a representation under
oath by said individuals that they have the authority to execute this Agreement for and on behalf
of the said corporation:
1. The undersigned CONTRACTOR represents to OWNER that the Application for
Payment for the Final Payment under the Contract, and the final Change Order
issued under the Contract if any, whether or not modified, corrected or changed in
some way by the ENGINEER, the CONTRACTOR or the OWNER, a copy of
which are attached hereto and marked Exhibit "A", are true, correct and accurate,
and that CONTRACTOR has received payment in full for all other Applications for
Payment submitted under the Contract, and that CONTRACTOR has been fully
compensated for all labor, materials, equipment and/or services furnished in
connection with the Contract, except for the Final Payment.
2. It is agreed and stipulated by the undersigned CONTRACTOR that upon the
receipt of Final Payment in the amount as set out on the attached Application for
Payment, the CONTRACTOR, by execution of this instrument of release, does,
therefore, RELEASE and FOREVER DISCHARGE OWNER of and from all
manner of debts, claims, demands, obligations, suits, liabilities and causes of action
of any nature whatsoever, at law or in equity, in contract or in tort, now existing or
which may hereafter accrue, arising out of or related to the Contract, any Change
Orders or Work Orders, the Work, or any labor, materials, equipment or services
furnished by CONTRACTOR to OWNER.
3. 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 or equipment, and that OWNER shall
not be subject to any bills, claims, demands, litigation or suits in connection
therewith.
4 It is further specifically understood and agreed that this Agreement for Final
Payment and Contractor's Sworn Release shall constitute a part of the Contract, 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.
05/2007 00700-B1
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
SIGNED and EXECUTED this, the?/ day of As.v , 201`(.
CONTRACTOR:
By:
Signature `�
Print Name: &A VL z
Title: lcio . ;y ��trYl
[If CONTRACTOR is a proprietorship, owner must sign; if a partnership, each general 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)
[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.]
05/2007 00700-B2
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
AFFIDAVIT
STATE OF TEXAS §
COUNTY
BEFORE ME, the undersigned authority, on this day personally appeared the person or
persons whose name(s) are subscribed to the above and foregoing Agreement for Final Payment
and Contractor's Sworn Release, who each, after being by me duly sworn, on their oaths deposed
and said:
I (We) am (are)the person(s)who signed and executed the above and foregoing
Agreement for Final Payment and Contractor's Sworn Release, and I(we) have read the
facts and statements as therein set out and the representations as made therein, and I(we)
state that the above and foregoing are true and correct.
CONTRACTOR-Affiant
SWORN TO AND SUBSCRIBED TO before me, the A day of 20 \
o.r ',.4,Pt. Christi Lyn Tramell
o! „ My commission Expires • Notary Public, State f Texas
�; •y oinoi2o22
� o � ID No.129694357
Tor7ission Expires:
[This form is for use in the event CONTRACTOR is a corporation.]
07/2006 00700-B3
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
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 mid Contractor's
Sworn Release, whose names are set out above, who each, after being by me duly sworn, on their
oaths deposed and said:
We each are the persons whose names are subscribed above, and hold respectively the
offices 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 CommissionExpires:
07/2006 00700-B4
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
ATTACHMENT NO. 3 TO GENERAL CONDITIONS
OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR
1. Definitions. For purposes of this Agreement:
1.1 Owner Parties. "Owner Parties" means (a) the City of Pearland, its successors and
assigns, and the Engineer, (b) any officers, employees, or agents of such persons or
entities, and(c) others as required by the Contract Documents, if any.
1.2 Contractor. "Contractor" shall mean the vendor providing the service or work to be
performed under this Agreement.
1.3 Subcontractor. "Subcontractor" shall include subcontractors of any tier.
1.4 ISO. "ISO"means Insurance Services Office.
2. Contractor Insurance Representations to Owner Parties
2.1 It is expressly understood and agreed that the insurance coverages required herein:
2.1.1 represent Owner Parties' minimum requirements and are not to be construed
to void or limit the Contractor's indemnity obligations as contained in this
( I Agreement nor represent in any manner a determination of the insurance coverages
the Contractor should or should not maintain for its own protection; and
2.1.2 are being, or have been, obtained by the Contractor in support of the
Contractor's liability and indemnity obligations under this Agreement. Neither the
requirements as to insurance to be carried as provided for herein, the insolvency,
bankruptcy or failure of any insurance company carrying insurance of the Contractor,
nor the failure of any insurance company to pay claims accruing, shall be held to
affect, negate or waive any of the provisions of this Agreement.
2.2 Failure to obtain and maintain the required insurance shall constitute a material
breach of, and default under, this Agreement. If the Contractor shall fail to remedy
such breach within five (5) business days after notice by the Owner, the Contractor
will be liable for any and all costs, liabilities, damages and penalties resulting to the
Owner Parties from such breach, unless a written waiver of the specific insurance
requirement(s)is provided to the Contractor by the Owner. In the event of any failure
by the Contractor to comply with the provisions of this Agreement, the Owner may,
without in any way compromising or waiving any right or remedy at law or in equity,
on notice to the Contractor, purchase such insurance, at the Contractor's expense,
provided that the Owner shall have no obligation to do so and if the Owner shall do
so, the Contractor shall not be relieved of or excused from the obligation to obtain
and maintain such insurance amounts and coverages.
10-2012 00700-Cl
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
3. Conditions Affecting All Insurance Required Herein
3.1 Cost of Insurance. All insurance coverage shall be provided at the Contractor's sole
expense.
3.2 Status and Rating of Insurance Company. All insurance coverage shall be written
through insurance companies authorized to do business in the state in which the work
is to be performed and rated no less than A-: VII in the most current edition of A. M.
Best's Key Rating Guide.
3.3 Restrictive, Limiting, or Exclusionary Endorsements. All insurance coverage shall
be provided to the Owner Parties in compliance with the requirements herein and
shall contain no endorsements that restrict,limit,or exclude coverage required herein
in any manner without the prior express written approval of the Owner.
3.4 Limits of Liability. The limits of liability may be provided by a single policy of
insurance or by a combination of primary and umbrella policies,but in no event shall
the total limits of liability available for any one occurrence or accident be less than
the amount required herein.
3.5 Notice of Cancellation, Nonrenewal, or Material Reduction in Coverage. All
insurance coverage shall contain the following express provision:
In the event of cancellation, non-renewal, or material reduction in
coverage affecting the certificate holder,thirty(30)days prior written
notice shall be given to the certificate holder by certified mail or
registered mail, return receipt requested.
3.6 Waiver of Subrogation. The Contractor hereby agrees to waive its rights of recovery
from the Owner Parties with regard to all causes of property and/or liability loss and
shall cause a waiver of subrogation endorsement to be provided in favor of the Owner
Parties on all insurance coverage carried by the Contractor, whether required herein
or not.
3.7 Deductible/Retention. Except as otherwise specified herein, no insurance required
herein shall contain a deductible or self-insured retention in excess of $25,000
without prior written approval of the Owner. All deductibles and/or retentions shall
be paid by, assumed by, for the account of, and at the Contractor's sole risk. The
Contractor shall not be reimbursed for same.
4. Maintenance of Insurance. The following insurance shall be maintained in effect
with limits not less than those set forth below at all times during the term of this
Agreement and thereafter as required:
10-2012 00700-C2
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
4.1 Commercial General Liability Insurance
4.1.1 Coverage. Such insurance shall cover liability arising out of all locations and
operations of the Contractor, including but not limited to liability assumed
under this contract (including the tort liability of another assumed in a
business contract). Defense shall be provided as an additional benefit and not
included within the limit of liability.
4.1.2 Form. Commercial General Liability Occurrence form (at least as broad as
an unmodified ISO CG 0001 0798 or its equivalent).
4.1.3 Amount of Insurance. Coverage shall be provided with limits of not less than:
Each Occurrence Limit $1,000,000
General Aggregate Limit $2,000,000
Product-Completed Operations Aggregate Limit $2,000,000
Personal and Advertising Injury Limit $1,000,000
4.1.4 Required Endorsements
a. Additional Insured. Additional insured status shall be provided in
favor of the Owner Parties on any of the following:
i. ISO form CG 20 10 11 85; or
ISO form CG 20 26 11 85; or
iii. a combination of ISO forms CG 20 33 10 01 and CG 20 37 10
01; or
iv. any form providing equivalent protection to Owner.
b. Designated Construction Project(s) Aggregate Limit. The aggregate
limit shall apply separately to this Agreement through use of an ISO
CG 25 03 03 97 endorsement or its equivalent.
c. Notice of Cancellation, Nonrenewal or Material Reduction in
Coverage, as required in 3.5, above.
d. Personal Injury Liability. The personal injury contractual liability
exclusion shall be deleted.
e. Primary and Non-Contributing Liability. It is the intent of the parties
to this Agreement that all insurance required herein shall be primary
to all insurance available to the Owner Parties. The obligations of the
Contractor's insurance shall not be affected by any other insurance
available to the Owner Parties and shall seek no contribution from the
Owner Parties' insurance, whether primary, excess contingent, or on
any other basis. The Contractor's insurance coverage shall be
endorsed to provide such primary and non-contributing liability.
f. Waiver of Subrogation, as required in 3.6, above.
4.1.5 Continuing Commercial General Liability Insurance. The Contractor shall
maintain such insurance in identical coverage, form and amount, including
required endorsements, for at least one(1)year following Date of Substantial
10-2012 00700-C3
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
Completion of the Work to be performed under this Agreement. The
Contractor shall provide written representation to Owner stating Work (
completion date.
4.2 Auto Liability Insurance
4.2.1 Coverage. Such insurance shall cover liability arising out of any auto
(including owned, hired, and non-owned).
4.2.2 Form. Business Auto form(at least as broad as an unmodified ISO CA 0001
or its equivalent).
4.2.3 Amount of Insurance. Coverage shall be provided with a limit of not less
than $1,000,000.
4.2.4 Required Endorsements
a. Notice of Cancellation, Nonrenewal or Material Reduction in
Coverage, as required in 3.5, above.
b. Waiver of Subrogation, as required in 3.6, above.
4.3 Employer's Liability Insurance
4.3.1 Coverage. Employer's Liability Insurance shall be provided as follows:
4.3.2 Amount of Insurance. Coverage shall be provided with a limit of not less
than:
Employer's Liability: $1,000,000 each accident and each disease.
4.3.3 Required Endorsements
a. Notice of Cancellation, Nonrenewal or Material Reduction in
Coverage, as required in 3.5, above.
b. Waiver of Subrogation, as required in 3.6, above.
4.4 Umbrella Liability Insurance
4.4.1 Coverage. Such insurance shall be excess over and be no less broad than all
coverages described above and shall include a drop-down provision for
exhaustion of underlying limits.
4.4.2 Form. This policy shall have the same inception and expiration dates as the
commercial general liability insurance required above.
4.4.3 Amount of Insurance. Coverage shall be provided with a limit of not less -
than $5,000,000.
10-2012 00700-C4
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
4.4.4 Continuing Umbrella Liability Insurance. The Contractor shall maintain such
r insurance in identical coverage, form and amount, includingrequired
\J) endorsements, for at least one � q(1) year following Date of Substantial
Completion of the Work to be performed under this Agreement. The
Contractor shall provide written representation to the Owner stating Work
completion date.
4.5 Professional Liability Insurance
4.5.1 Coverage. The Contractor shall provide professional liability insurance for
any professional design or engineering drawing required by the work. Such
insurance shall indemnify the Owner from claims arising from the negligent
performance of professional services of any type, including but not limited to
design or design/build services as part of the Work to be performed.
4.5.2 Form. This insurance shall include prior acts coverage sufficient to cover all
services rendered by the Contractor and by its consultants under this
Agreement. It is recognized that this coverage may be provided on a Claims-
Made basis.
4.5.3 Amount of Insurance. Coverage shall be provided with a limit of not less
than$1,000,000.
( 4.5.4 Continuing Professional Liability Insurance. The Contractor shall maintain
such insurance in identical coverage, form and amount for at least one (1)
year following Date of Substantial Completion of the Work to be performed
under this Agreement. The Contractor shall provide written representation to
the Owner stating Work completion date.
4.6 Builder's Risk
4.6.1 Insureds. Insureds shall include:
a. Owner, General Contactor and all Loss Payees and Mortgagees as
Named Insureds; and
b. subcontractors of all tiers in the Work as Additional Insureds.
4.6.2 Covered Property. Such insurance shall cover:
10-2012 00700-CS
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
a. all structure(s) under construction, including retaining walls, paved
surfaces and roadways, bridges, glass, foundation(s), footings,
underground pipes and wiring, excavations, grading, backfilling or
filling;
b. all temporary structures (e.g., fencing, scaffolding, cribbing, false
work, forms, site lighting, temporary utilities and buildings) located
at the site;
c. all property including materials and supplies on site for installation;
d. all property including materials and supplies at other locations but
intended for use at the site;
e. all property including materials and supplies in transit to the site for
installation by all means of transportation other than ocean transit;
and
f. other Work at the site identified in the Agreement to which this
Exhibit is attached.
Form
a. Coverage shall be at least as broad as an unmodified ISO Special
form, shall be provided on a completed-value basis, and shall be
primary to any other coverage insurance available to the insured
parties, with that other insurance being excess, secondary and non-
contributing.
b. No protective safeguard warranty shall be permitted.
c. Required coverage shall further include:
i. Additional expenses due to delay in $ TBD
completion of project(where applicable)
ii. Agreed value Included without sublimit
iii. Damage arising from error, omission or Included without sublimit
deficiency in construction methods,
design, specifications, workmanship or
materials, including collapse
iv. Debris removal additional limit 25% of direct damage
loss
v. Earthquake (where applicable) $ TBD
vi. Earthquake sprinkler leakage (where $ TBD
applicable)
vii. Expediting expenses $ TBD
viii. Flood(where applicable) $ TBD
ix. Freezing Included without sublimit
x. Mechanical breakdown, including hot& Included without sublimit
cold testing (where applicable)
xi. Notice of cancellation, non-renewal or Included
material reduction—60 days prior
written notice to each insured
10-2012 00700-C6
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
xii. Occupancy clause, as required in F, Included
below
xiii. Ordinance or law Included without sublimit
xiv. Pollutant clean-up and removal $ TBD
xv. Preservation of property Included without sublimit
xvi. Replacement cost Included
xvii. Theft Included without sublimit
xviii. Waiver of subrogation as required in G, Included
below.
4.6.3 Amount of Insurance. Coverage shall be provided in an amount equal at all
times to the full replacement value and cost of debris removal for any single
occurrence.
4.6.4 Deductibles. Deductibles shall not exceed the following:
a. All Risks of Direct Damage, Per $5,000
Occurrence, except
b. Delayed Opening Waiting Period 5 Days
c. Flood, Per Occurrence $25,000 or excess of
NFIP if in Flood Zone A,
BorV
d. Earthquake and Earthquake Sprinkler $25,000
r' Leakage, Per Occurrence
4.6.5 Termination of Coverage. The termination of coverage provision shall be
endorsed to permit occupancy of the covered property being constructed so
long as such occupancy does not exceed 20% of the usable area of the
property. This insurance shall be maintained in effect, unless otherwise
provided for in the Contract Documents, until the earliest of the following
dates:
a. the date on which all persons and organizations who are insureds
under the policy agree that it shall be terminated;
b. the date on which final payment, as provided for in the Agreement to
which this Exhibit is attached, has been made; or
c. the date on which the insurable interests in the Covered Property of
all insureds other than Contractor have ceased.
10-2012 00700-C7
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
4.6.6 Waiver of Subrogation. The waiver of subrogation provision shall be
endorsed as follows:
a. A waiver of subrogation shall be provided in favor of all insureds.
b. The waiver of subrogation provisions shall be endorsed as follows:
Should a covered loss be subrogated, either in whole
or in part, your rights to any recovery will come first,
and we will be entitled to a recovery only after you
have been fully compensated for the loss.
5. Intentionally left blank.
6. Evidence of Insurance
6.1 Provision of Evidence. Evidence of the insurance coverage required to be maintained
by the Contractor, represented by certificates of insurance, evidence of insurance,
and endorsements issued by the insurance company or its legal agent, and must be
furnished to the Owner prior to commencement of Work and not later than fifteen
(15) days after receipt of this Agreement. New certificates of insurance, evidence of
insurance, and endorsements shall be provided to the Owner prior to the termination
date of the current certificates of insurance,evidence of insurance,and endorsements.
6.2 Form
6.2.1 All property insurance required herein shall be evidenced by ACORD form
28, "Evidence of Property Insurance".
6.2.2 All liability insurance required herein shall be evidenced by ACORD form
25, "Certificate of Insurance".
6.3 Specifications. Such certificates of insurance, evidence of insurance, and
endorsements shall specify:
6.3.1 The Owner as a certificate holder with correct mailing address.
6.3.2 Insured's name, which must match that on this Agreement.
6.3.3 Insurance companies affording each coverage, policy number of each
coverage, policy dates of each coverage, all coverages and limits described
herein, and signature of authorized representative of insurance company.
6.3.4 Producer of the certificate with correct address and phone number listed.
6.3.5 Additional insured status required herein.
6.3.6 Amount of any deductibles and/or retentions.
6.3.7 Cancellation, non-renewal and material reduction in coverage notification as
required by this Agreement. Additionally, the words "endeavor to" and"but
failure to mail such notice shall impose no obligation or liability of any kind
upon Company, it agents or representatives" shall be deleted from the
cancellation provision of the ACORD 25 certificate of insurance form.
6.3.8 Designated Construction Project Aggregate Limits required herein.
6.3.9 Personal Injury contractual liability required herein.
6.3.10 Primary and non-contributing status required herein.
10-2012 00700-C8
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
6.3.11 Waivers of subrogation required herein.
6.4 Required Endorsements. A copy of each of the required endorsements shall also be
provided.
6.5 Failure to Obtain. Failure of any Owner Party to demand such certificate or other
evidence of full compliance with these insurance requirements or failure of any
Owner Party to identify a deficiency from evidence that is provided shall not be
construed as a waiver of the Contractor's obligation to maintain such insurance.
6.6 Certified Copies. Upon request of any Owner Party, the Contractor shall provide to
the Owner a certified copy of all insurance policies required herein within ten (10)
days of any such request. Renewal policies, if necessary, shall be delivered to the
Owner prior to the expiration of the previous policy.
6.7 Commencement of Work. Commencement of Work without provision of the
required certificate of insurance, evidence of insurance and/or required
endorsements, or without compliance with any other provision of this Agreement,
shall not constitute a waiver by any Owner Party of any rights. The Owner shall
have the right, but not the obligation, of prohibiting the Contractor or any
subcontractor from performing any Work until such certificate of insurance,
evidence of insurance and/or required endorsements are received and approved by
the Owner.
1
7. Insurance Requirements of Contractor's Subcontractors
7.1 Insurance similar to that required of the Contractor shall be provided by all
subcontractors (or provided by the Contractor on behalf of subcontractors) to cover
operations performed under any subcontract agreement. The Contractor shall be held
responsible for any modification in these insurance requirements as they apply to
subcontractors. The Contractor shall maintain certificates of insurance from all
subcontractors containing provisions similar to those listed herein (modified to
recognize that the certificate is from subcontractor)enumerating,among other things,
the waivers of subrogation,additional insured status,and primary liability as required
herein, and make them available to the Owner upon request.
7.2 The Contractor is fully responsible for loss and damage to its property on the site,
including tools and equipment, and shall take necessary precautions to prevent
damage to or vandalism, theft,burglary,pilferage and unexplained disappearance of
property. Any insurance covering the Contractor's or its subcontractor's property
shall be the Contractor's and its subcontractor's sole and complete means or recovery
for any such loss. To the extent any loss is not covered by said insurance or subject
to any deductible or co-insurance, the Contractor shall not be reimbursed for same.
Should the Contractor or its subcontractors choose to self insure this risk, it is
expressly agreed that the Contractor hereby waives,and shall cause its subcontractors
to waive, any claim for damage or loss to said property in favor of the Owner Parties.
8. Use of the Owner's Equipment. The Contractor, its agents, employees, subcontractors or
g Pto Y
suppliers shall use the Owner's equipment only with express written permission of the
10-2012 00700-C9
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
Owner's designated representative and in accordance with the Owner's terms and condition
for such use. If the Contractor or any of its agents, employees, subcontractors or suppliers
utilize any of the Owner's equipment for any purpose, including machinery, tools,
scaffolding, hoists, lifts or similar items owned, leased or under the control of the Owner,
the Contractor shall defend, indemnify and be liable to the Owner Parties for any and all loss
or damage which may arise from such use.
9. Release and Waiver. The Contractor hereby releases, and shall cause its subcontractors to
release,the Owner Parties from any and all claims or causes of action whatsoever which the
Contractor and/or its subcontractors might otherwise now or hereafter possess resulting in
or from or in any way connected with any loss covered by insurance,whether required herein
or not, or which should have been covered by insurance required herein, including the
deductible and/or uninsured portion thereof,maintained and/or required to be maintained by
the Contractor and/or its subcontractors pursuant to this Agreement.
10-2012 00700-C10
CITY OF PEARLAND SPECIAL CONDITIONS OF AGREEMENT
L� Section 00800
SPECIAL CONDITIONS OF AGREEMENT
The following Special Conditions modify the General Conditions, Document 00700. Where a
portion of the General Conditions is modified or deleted by these Special Conditions, the unaltered
portions of the General Conditions shall remain in effect.
ARTICLE 1 DEFINITIONS AND INTERPRETATIONS
1.01 Add the following paragraph to the end of Article 1.01:
The OWNER'S representative on the project site is:
Ed Kupferer, telephone: 281. 997. 5990
The CONSTRUCTION MANAGER is:Ed Kupferer telephone: 281. 997. 5990
The CONSTRUCTION INSPECTOR is: telephone: -
ARTICLE 4 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR
4.05 Add the following paragraph to Article 4.05:
A Maintenance Bond in accordance with Document 00612 of the Project Manual is required for
this Project. The cost of this bond shall be included in the CONTRACTOR'S Bid Proposal.
Attachment No. 3 To General Conditions, Owner's Insurance Requirements of Contractor,
Article 4.6 Builder's Risk—Builder's Risk Insurance is Not Required for this project.
ARTICLE 5 PROSECUTION AND PROGRESS
5.08 Add Article 5.08:
The Contract Time as defined in the bid and other sections of the Contract Documents includes a
certain number of rain days. Based on the Alvin Weather Center Records, the average annual rain
days from June 1898 to December 1996 is 40 days calculated from all precipitation days of record.
The CONTRACTOR is required to keep a record of rain days at the site. The record of rain days
must be accepted and signed by the City Inspector monthly, and shall be reported on the monthly
pay estimate submittal. At the end of the contract, the CONTRACTOR will be credited only for
the number of accepted rain days that exceed 40 rain days per year,proportionate to the original
Contract Time.
General Notes:
Sections 00100 Invitation to Bidders, 00200 Instructions to Bidders and 01505 Mobilization
all make reference to provision by the CONTRACTOR of a laptop computer for use by the
OWNER'S representative or CONSTRUCTION MANAGER. BIDDER is Not Required to
2-24-12 00800- 1 of 2
CITY OF PEARLAND SPECIAL CONDITIONS OF AGREEMENT
provide this equipment or include this cost in the Bid. See Section 13730 for full details regarding
this computer equipment.
Section 01500 Temporary Facilities requires CONTRACTOR to provide high speed internet
access in the Field Office. BIDDER is Not Required to provide either a Field Office or any
internet access for this project. All other requirements remain and will be required per the section.
It is the responsibility of the Contractor to coordinate with the Owner for all Traffic Control
Documents. Contractor to coordinate with the Owner for procurement of Traffic Control Documents
prior to permitting. Contractor is to keep a minimum of one lane open at all times,in both directions.
No lane closures to extend beyond the defined work day.
Contractor Will Not be required to provide an on-site construction office for the duration of this
project.
END OF SECTION
2-24-12 00800-2 of 2
CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION
Section 00811
WAGE SCALE FOR ENGINEERING CONSTRUCTION
1.01 In accordance with the Prevailing Wage law on Public Works (Article 2258 of the Texas
Government Code), the public body awarding the contract does hereby specify the rates
shown in Table 00811-A 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
five (5) feet from an exterior wall of new building under construction or from an exterior
wall of an existing building.
10-2012 00811 - 1 of 1
Air Texas Department of Transportation
The wage rates listed are those predetermined by the Secretary of Labor and State Statue to be the minimum wages paid. To determine the applicable wage rate zone,a list entitled"TEXAS
COUNTIES IDENTIFIED BY WAGE RATE ZONES"is provided in the contract. Any wage rate that is not listed must be submitted to the Engineer for approval. IMPORTANT NOTICE FOR STATE
PROJECTS;only the controlling wage rate zone applies to the contract. Effective 01-05-2018.
ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE
CLASS.# CLASSIFICATION DESCRIPTION TX07 TX08 TX11 TX12 TX14 TX16 TX18 TX34 TX35 TX37 TX38 TX40 TX41 TX54 TX56 TX63
1/5/18 1/5/18 1/5/18 1/5/18 1/5/18 1/5/18 1/5/18 1/5/18 1/5/18 1/5/18 1/5/18 1/5/18 1/5/18 1/5/18 1/5/18 1/5/18
1428 Agricultural Tractor Operator $12.69 $12.35 $11.75
1300 Asphalt Distributor Operator $14.87 $13.48 $13.88 $15.72 $15.58 $15.55 $15.72 $13.28 $15.32 $15.62 $14.36 $14.25 $14.03 $13.75 $14.06 $14.40
1303 Asphalt Paving Machine Operator $13.40 $12.25 $12.35 $13.87 $14.05 $14.36 $14.20 $13.26 $13.99 $14.68 $12.92 $13.44 $12.53 $14.00 $14.32 $12.99
1106 Asphalt Raker $12.28 $10.61 $12.02 $14.21 $11.65 $12.12 $11.64 $11.44 $12.69 $12.05 $11.34 $11.67 $11.40 $12.59 $12.36 $11.78
1112 Batching Plant Operator,Asphalt
1115 Batching Plant Operator,Concrete
1214 Blaster
1615 Boom Truck Operator $18.36
1444 Boring Machine Operator
1305 Broom or Sweeper Operator $11.21 $10.33 $10.08 $11.99 $11.04 $11.62 $11.74 $11.41 $10.30 $10.23 $10.60 $12.68 $11.05
1144 Communications Cable Installer
1124 Concrete Finisher,Paving and Structures $13.55 $12.46 $13.16 $12.85 $12.64 $12.56 $12.77 $12.44 $14.12 $13.04 $13.38 $12.64 $12.80 $12.79 $12.98 $13.32
1318 Concrete Pavement Finishing Machine Operator $16.05 $15.48 $16.05 $19.31 $13.07
1315 Concrete Paving,Curing,Float,Texturing Machine Operator $16.34 $11.71
1333 Concrete Saw Operator $14.67 $14.48 $17.33 $13.99
1399 Concrete/Gunite Pump Operator
1344 Crane Operator,Hydraulic 80 tons or less $18.22 $18.36 $18.12 $18.04 $20.21 $18.63 $13.86
1345 Crane Operator,Hydraulic Over 80 Tons
1342 Crane Operator,Lattice Boom 80 Tons or Less $16.82 $14.39 $13.85 $17.27 $15.87 $17.27 $14.67 $16.42 $14.97 $13.87
1343 Crane Operator,Lattice Boom Over 80 Tons $20.52 $19.38 $20.52 $17.49 $25.13 $15.80
1306 Crawler Tractor Operator $13.96 $16.63 $13.62 $14.26 $15.67 $14.07 $13.15 $13.38 $14.60 $13.68 $13.50
1351 Crusher or Screen Plant Operator
1446 Directional Drilling Locator $11.67
1445 Directional Drilling Operator $20.32 $17.24
1139 Electrician $20.96 $19.87 $19.80 $26.35 $20.27 $19.80 $20.92 $27.11 $19.87
1347 Excavator Operator,50,000 pounds or less $13.46 $12.56 $13.67 $17.19 $12.88 $14.38 $13.49 $17.19 $13.88 $14.09 $12.71 $14.42
1348 Excavator Operator,Over 50,000 pounds $15.23 $13.52 $17.04 $17.71 $16.99 $18.80 $16.22 $14.53 $13.52
1150 Flagger $9.30 $9.10 $8.50 $10.28 $8.81 $9.45 $8.70 $10.06 $9.71 $9.03 $8.81 $9.08 $9.90 $10.33 $8.10
1151 Form Builder/Setter,Structures $13.52 $12.30 $13.38 $12.91 $12.71 $12.87 $12.38 $12.26 $13.84 $12.98 $13.07 $13.61 $12.82 $14.73 $12.23 $12.25
1160 Form Setter,Paving&Curb $12.36 $12.16 $13.93 $11.83 $10.71 $12.94 $13.16 $12.54 $11.33 $10.69 $13.33 $12.34 $13.93
1360 Foundation Drill Operator,Crawler Mounted $17.99 $17.99 $17.43
1363 Foundation Drill Operator,Truck Mounted $16.86 $22.05 $21.51 $16.93 $21.07 $20.20 $20.76 $17.54 $21.39 $15.89 $22.05
1369 Front End Loader Operator,3 CY or Less $12.28 $13.49 $13.40 $13.85 $13.04 $13.15 $13.29 $13.69 $12.64 $12.89 $13.51 $13.32 $12.17
1372 Front End Loader Operator,Over 3 CY $12.77 $13.69 $12.33 $14.96 $13.21 $12.86 $13.57 $14.72 $13.75 $12.32 $13.19 $13.17 $13.02
1329 Joint Sealer
1172 Laborer,Common $10.30 $9.86 $10.08 $10.51 $10.71 $10.50 $10.24 $10.58 $10.72 $10.45 $10.30 $10.25 $10.03 $10.54 $11.02 $10.15
1175 Laborer,Utility $11.80 $11.53 $12.70 $12.17 $11.81.. $12.27 $12.11 $11.33 $12.32 $11.80 $11.53 $11.23 $11.50 $11.95 $11.73 $12.37
1346 Loader/Backhoe Operator $14.18 $12.77 $12.97 $15.68 $14.12 $15.18 $13.58 $12.87 $13.21 $14.13 $14.29 $12.90
r
ZONE ZONE ZONE ZONE 2...= ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE ZONE zorC ZONE
CLASS.# CLASSIFICATION DESCRIPTION TX07 TX08 TX11 TX12 TX14 TX16 TX18 TX34 TX35 TX37 TX38 TX40 TX41 TX54 TX56 TX63
1/5/18 1/5/18 115/18 115/18 1/5/18 1/5/18 1/5/18 1/5/18 1/5/18 1/5/18 1/5/18 1/5/18 1/5/18 1/5/18 1/5/18 1/5/18
1187 Mechanic $20.14 $15.47 $17.47 $17.74 $17.00 $17.10 $17.68 $18.94 $18.58 $17.00 $16.61 $18.46 $16.96 $17.47
1380 Milling Machine Operator $15.54 $14.64 $12.22 $14.29 $14.18 $14.32 $14.35 $12.86 $14.75 $13.53 $12.80
1390 Motor Grader Operator,Fine Grade $17.49 $16.52 $16.88 $17.12 $18.37 $18.51 $16.69 $16.13 $17.19 $18.35_ $17.07 $17.74 $17.47 $17.08 $15.69 $20.01
1393 Motor Grader Operator,Rough $16.15 $14.62 $15.83 $16.20 $17.07 $14.63 $18.50 $16.02 $16.44 $15.12 $16.85 $14.47 $17.39 $14.23 $15.53
1413 Off Road Hauler $10.08 $12.26 $11.88 $12.25 $12.23 $13.00 $14.60
1196 Painter,Structures $21.29 $18.34
$21.29 $18.62
1396 Pavement Marking Machine Operator $16.42 $13.10 $13.55 $19.17 $12.01 $13.63 $14.60 $13.17 $16.65 $10.54 $11.18 $13.10
1443 Percussion or Rotary Drill Operator
1202 Piledriver
$14.95
1205 Pipelayer $11.87 $14.64 $13.17 $11.17 $12.79 $11.37 $13.24 $12.66 $13.24 $11.17 $11.67 $12.12 $14.64
1384 Reclaimer/Pulverizer Operator $12.85 $11.90 $12.88 $11.01 $10.46
1500 Reinforcing Steel Worker $13.50, $14.07 $17.53 $16.17 $14.00 $16.18 $12.74 $15.83 $17.10 $15.15 $17.72
1402 Roller Operator,Asphalt $10.95_ $11.96 $13.29 $12.78 $11.61 $13.08 $12.36 $11.68 $11.71 $11.95 $11.50
1405 Roller Operator,Other $10.36 $10.44 $11.82 $10.50 $11.64 $11.51 $10.59 $10.30 $12.04 $12.85 $11.57 $10.66
1411 Scraper Operator $10.61 $11.07 $10.85 $12.88 $12.27 $11.12 $12.96 $11.88 $12.43 $11.22 $13.95 $13.47 $10.89
1417 Self-Propelled Hammer Operator
1
1194 Servicer $13.98 $12.34 $14.11 $14.74 $14.51 $15.56 $13.44 $14.58 $14.31 $13.83 $12.43 $13.72 $13.97 $14.11
1513 Sign Erector
1708 Slurry Seal or Micro-Surfacing Machine Operator
1341 Small Slipform Machine Operator $15.96
1515 Spreader Box Operator $12.60 $13.12 $14.71 $14.04 $14.73 $13.84 $13.68 $13.45 $11.83 $13.58 $14.05
1705 Structural Steel Welder $12.85
1509 Structural Steel Worker $19.29 $14.39
1339 Subgrade Trimmer
1143 Telecommunication Technician
1145 Traffic Signal/Light Pole Worker $16.00
1440 Trenching Machine Operator,Heavy $18.48
1437 Trenching Machine Operator,Light
1609 Truck Driver Lowboy-Float $14.46 $13.63 $13.41 $15.00 $15.93 $15.66 $16.24 $16.39 $14.30 $16.62 $15.63 $14.28 $16.03 $13.41
1612 Truck Driver Transit-Mix $14.14 $14.14
1600 Truck Driver,Single Axle $12.74 $10.82 $10.75 $13.04 $11.61 $11.79 $13.53 $13.16 $12.31 $13.40 $10.30 $11.61 $11.97 $11.46 $10.75
1606 Truck Driver,Single or Tandem Axle Dump Truck $11.33 $14.53 $11.95 $12.95 $11.68 $14.06 $12.62 $11.45 $12.28 $13.08 $11.68 $11.48 $11.10
1607 Truck Driver,Tandem Axle Tractor with Semi Trailer $12.49, $12.12 $12.50 $13.42 $12.81 $13.16 $12.86 $16.22 $12.50 $13.80 $12.27 $12.50
1441 Tunneling Machine Operator,Heavy
1442 Tunneling Machine Operator,Light
1706 Welder $14.02 $14.86 $15.97 $13.74 $14.84 $13.78
1520 Work Zone Barricade Servicer $10.30 $12.88 $11.46 $11.70 $11.57 $11.85 $10.77 $11.68 $12.20 $11.22 $11.51 $12.96 $10.54 $11.67 $11.76
Notes:
Any worker employed on this project shall be paid at the rate of one and one half(1-1/2)times the regular rate for every hour worked in excess of forty(40)hours per week.
The titles and descriptions for the classifications listed here are further detailed in the AGC of Texas'Standard Job Classifications and Descriptions for Highway,Heavy, Utilities,and Industrial Construction in
Texas.AGC will make it available on its Web site for any contractor.
TEXAS COUNTIES IDENTIFIED BY
WAGE RATE ZONES: 7, 8, 11, 12, 14, 16, 18, 34, 35, 37, 38, 40, 41, 54, 56, 63
County Name Zone County Name Zone County Name Zone County Name r Zone
Anderson 38 Donley 54 Karnes 37 Reagan 54
Andrews 54 Duval 41 Kaufman 35 Real 54
Angelina 38 Eastland 54 Kendall 16 Red River 38
Aransas 40 Ector 7 Kenedy 41 Reeves 18
Archer 35 Edwards 18 Kent 54 Refugio 37
Armstrong 7 El Paso 34 Kerr 37 Roberts 54
Atascosa 16 Ellis 35 Kimble 54 Robertson 16
Austin 56 Erath 38 King 54 Rockwall 35
Bailey 54 Falls 38 Kinney 18 Runnels 54
Bandera 16 Fannin 38 Kleberg 37 Rusk 11
Bastrop 16 Fayette 37 Knox 54 Sabine 38
Baylor 54 Fisher 54 Lamar 38 San Augustine 38
Bee 37 Floyd 54 Lamb 54 San Jacinto 56
Bell 16 Foard 54 Lampasas 16 San Patricio 40
Bexar 16 Fort Bend 56 LaSalle 41 San Saba 54
Blanco 37 Franklin 38 Lavaca 37 Schleicher 54
Borden 54 Freestone 38 Lee 37 Scurry 54
Bosque 38 Frio 37 Leon 38 Shackelford 54
Bowie 11 Gaines 54 Liberty 56 Shelby 38
Brazoria 56 Galveston 56 Limestone 38 Sherman 54
Brazos 16 Garza 54 Lipscomb 54 Smith 11
Brewster 18 Gillespie 37 Live Oak 37 Somervell 38
Briscoe 54 Glasscock 54 Llano 37 Starr 41
Brooks 41 Goliad 40 Loving 54 Stephens 54
Brown 54 Gonzales 37 Lubbock 7 Sterling 54
Burleson 16 Gray 54 Lynn 54 Stonewall 54
Bumet 37 Grayson 35 Madison 38 Sutton 18
Caldwell 16 Gregg 11 Marion 38 Swisher 54
Calhoun 40 Grimes 38 Martin 54 Tarrant 35
Callahan 35 Guadalupe 16 Mason 37 Taylor 7
Cameron 8 Hale 54 Matagorda 37 Terrell 18
Camp 38 Hall 54 Maverick 41 Terry 54
Carson 7 Hamilton 38 McCulloch 54 Throckmorton 54
Cass 38 Hansford 54 McLennan 16 Titus 38
Castro 54 Hardeman 54 McMullen 41 Tom Green 7
Chambers 56 Hardin 56 Medina 16 Travis 16
Cherokee 38 Hams 56 Menard 54 Trinity 38
Childress 54 Harrison 63 Midland 7 Tyler 38
Clay 35 Hartley 54 Milam 38 Upshur 11
Cochran 54 Haskell 54 Mills 54 Upton 54
Coke 54 Hays 16 Mitchell 54 Uvalde 41
Coleman 54 Hemphill 54 Montague 54 Val Verde 18
Collin 35 Henderson 38 Montgomery 56 Van Zandt 38
Collingsworth 54 Hidalgo 8 Moore 54 Victoria 14
Colorado 37 Hill 38 Morris 38 Walker 38
Comal 16 Hockley 54 Motley 54 Waller 56
Comanche 54 Hood 38 Nacogdoches 38 Ward 54
Concho • 54 Hopkins 38 Navarro 38 Washington 38
Cooke 54 Houston 38 Newton 38 Webb 8
Coryell 16 Howard 54 Nolan 54 Wharton 37
Cottle 54 Hudspeth 18 Nueces 40 Wheeler 54
Crane 54 Hunt 35 Ochiltree 54 Wichita 12
Crockett 18 Hutchinson 54 Oldham 54 Wilbarger 54
Crosby 7 Ilion 7 Orange 56 Willacy 41
Culberson 18 Jack 38 Palo Pinto 38 Williamson 16
Dallam 54 Jackson 37 Panola 38 Wilson 16
Dallas 35 Jasper 38 Parker 35 Winkler 54
Dawson 54 Jeff Davis 18 Parmer 54 Wise 35
Deaf Smith 54 Jefferson 56 Pecos 18 Wood 38 —
Delta 35 Jim Hogg 41 Polk 38 Yoakum 54
Denton 35 Jim Wells 37 Potter 7 Young 54
DeWitt 37 Johnson 35 Presidio 18 Zapata 41
Dickens 54 Jones 35 Rains 38 Zavala 41
Dimmit 41 Randall 7
01-05-2018
CITY OF PEARLAND ADDENDUM
Section 00900
ADDENDUM NO. #
Date: [mm dd, yyyy]
[NOTE TO SPECIFIER: Please read this entire section carefully; edit, add, modify as appropriate
and/or necessary for your project; coordinate all changes with the City prior to issuance and;
DELETE THIS TEXT BOX PRIOR TO PRINTING.]
PROJECT: [Project name; project limits]
BID NO.: [200# llllll]
BID DATE: [Date; time]
FROM: [Responsible engineer]
[Title]
[Firm name]
[Firm address]
To: Prospective Bidders and Interested Parties
This addendum forms a part of the bidding documents and will be incorporated into the Contract
Documents, as applicable. Insofar as the original Contract Documents, Specifications, and
Drawings are inconsistent, this Addendum shall govern. Please acknowledge receipt of this
Addendum on the Bid Proposal form, Section 00300 submitted to the City of Pearland.
FAILURE TO ACKNOWLEDGE RECEIPT OF ADDENDA ON THE BID PROPOSAL
FORM MAY BE CAUSE FOR DISQUALIFICATION.
CONTRACT DOCUMENTS:
[Insert as needed]
SPECIFICATIONS:
[Insert as needed]
CONSTRUCTION DRAWINGS:
[Insert as needed]
END OF ADDENDUMNO. [#] ;.
[Responsible engineer]
[Title]
2-22-12 00900- 1 of 1
CITY OF PEARLAND STANDARD FORM OF AGREEMENT
Section 00910
House Bill 89 Verification
I, JVP �� L (Person name), the undersigned
representative (hereafter referred to s "Representative") of
(company or
business name, hereafter referred to as "Business Entity"), being an adult over the age
of eighteen(18)years of age, after being duly sworn by the undersigned notary, do hereby
depose and affirm the following:
1. That Representative is authorized to execute this verification on behalf of Business
Entity;
2. That Business Entity does not boycott Israel and will not boycott Israel during the
term of any contract that will be entered into between Business Entity and the City of
Pearland; and
3. That Representative understands that the term "boycott Israel" is defined by Texas
Government Code Section 2270.001 to mean refusing to deal with, terminating business
activities with, or otherwise taking any action that is intended to penalize, inflict economic
harm on, or limit commercial relations specifically with Israel, or with a person or entity
doing business in Israel or in an Israeli-controlled territory, but does not include an action
made for ordinary business purposes.
c`' —
SIGNATURE OF REPRESENTATIVE
SUBSC IBED AND SWORN TO BEFORE ME, the undersigned authority, on this
day of , 20 .
cpp`r P�
o;: Christi Lyn Tramell
x My Commission Expires �\OK)\...;)
\ �` VT\� V \!11\VVn::"..,UUpv `!
bjzz. . ID No.129694367
Notary Public
CITY OF PEARLAND ADDENDUM
Section 00900
ADDENDUM NO.#01
Date: 04-01-2019
PROJECT: Dixie Farm Farm Road(FM 518 to Longwood Treatment Plant) COP PN: FA1802
Old Alvin Rd Widening (Fiber Optic Network Connectdion Plan) COP PN: T20001
Faiber Backbone-Pearland Parkway(Oilr Dr to John Lizer to CIty Hall) COP PN: FA1901
BID NO.: 0319-30
BID DATE: 2:00 p.m., April 9, 2019
FROM: Karl F. Rothermel. P.E., PTOE
Project Manager
Cobb, Fendley&Associates, Inc.
1920 Country Place Parkway, Suite 310
Pearland, TX 77584
To: Prospective Bidders and Interested Parties
This addendum forms a part of the bidding documents and will be incorporated into the
Contract Documents, as applicable. Insofar as the original Contract Documents,
Specifications, and Drawings are inconsistent, this Addendum shall govern. Please
acknowledge receipt of this Addendum on the Bid Proposal form, Section 00300 submitted to
the City of Pearland. FAILURE TO ACKNOWLEDGE RECEIPT OF ADDENDA ON THE
IID PROPOSAL FORM MAY BE CAUSE FOR DISQUALIFICATION.
CONTRACT DOCUMENTS:
Section 00100 updated to reflect new Bid Date (changed to April 9, 2019 at 2:00 p.m.).
Sections 00300 and 00500 Division 0 updated to reflect contract days (300 days).
The City of Pearland will adjust the project quantities in the eBid system to match Section 00300.
Questions:
1. One the bid sheets for FA1802 it states poli-mod patch and splice modules and on the bid sheet
for a Corning Edge Splice Cassette. Is this correct? Yes, Corning Edge Splice Cassette is to be
used in City Hall for FA1901. Bid Item#007 was inadvertantly omitted in Technical
Specification Division 3 and added as part of this Addendum. Bid Item#002 applies to the
remainder of the patch and splice modules.
2. In section 6 of the Agenda from the pre-bid meeting ii) states Notice to Proceed—Contractor
shall commence work within ten(10) days after receipt of notice to proceed. Will Procurement
time be taken into consideration with this milestone? No. A total of 300 days are allotted for
construction when the projects are constructed in sequence. FA1802 is alotted 120 days once that
project is commenced, T20002 is allotted 60 days once commenced, and FA1901 is allotted 120
2-22-12 00900- 1 of 2
CITY OF PEARLAND ADDENDUM
days once commenced. If all three are started simultaneously- only 120 days will be alloted.No
additional time (including procurement time) will be permitted. There was an inadvertant typo in
Section 00300 (stating 90 days instead of 300 days) and the corrected Section 00300 is included in
this Addendum.
4. Opinion of Probable Construction Costs were inadvertantly omitted in the intial project
posting. All three projects OPCC are included in this Addendum.
5. What type of enclosures? See Question#1. Bid Item#007 was inadvertantly omitted in the
Technical Specifications Division 3 in Project Manual. Bid Item#007 will be used enclosures
inside City Hall for Project FA1901 - all other enclosures will use Bid Item#002.
6. What is the type of fiber will be used mentioned TxDOT-6007? As stated in the plans, Single ,
Mode.
7. What type of BU system and size?No BBU is needed,just the cabinet to house the splice
enclosures at the traffic signal controller cabinets.
8. For Bid Item#003 what type of field Ethernet switch is required? The City will supply the
ethernet switch.
9. On the FA1901 drawings sheets the SM 12 FOC is shown on sheet 6 fiber on sheets 7 & 8
disappears and comes back on page 9. Is this a misprint? SM 12 FOC was inadvertantly omitted
on those sheets. Corrected Sheets 7 & 8 are part of this Addendum.
10. COP added SM 96 FOC from the John Lizer traffic controller cabinet to City Hall via Pearland
Parkway and Liberty Drive. Updated quantities (fiber, enclosures) for Project FA1901 added to
plans and bid tab.
SPECIFICATIONS:
Add Bid Item#007 to Technical Specification Division 3
CONSTRUCTION DRAWINGS:
Corrected FA1901 Sheets 1, 7, and 8 (adds SM 12 FOC)
Updated FA1901 Sheets 12 to 21 (adds SM 96 FOC)
Corrected T2002 Sheets 1 & 3 (quantity change)
ortnik
r. •;... .:tysip
'! O
END OF ADDENDUM NO. #01 or*". - *o
KARL F.ROTHERMEL1
Karl F. Rothermel, P.E., PTOE f103:, 116355
Cobb, Fendley &Associates, Inc. LoA4.. �
•� CENsE� ���$
°tion NAi.i�G••
44
4/1 /2019
2-22-12 00900-2 of 2
CITY OF PEARLAND INVITATION TO BID
Section 00100
INVITATION TO BID
CITY OF PEARLAND, TEXAS
LOWEST RESPONSIBLE BIDDER
Sealed Electronic Bids will be accepted for the following project, in the City's E-bid System.
Electronic bids shall be submitted through the City's web site at:
https://pearland.ionwave.net/Login.aspx. All interested Bidders are required to register as a
"Supplier" on the City's E-bid System at the above web address and clicking on"Supplier
Registration". Registration provides automatic access to any changes to the Plans, Specifications
or Bid time and date.
However, submission of an E-bid requires completing a short registration questionnaire found on
this web site. When prompted to add or remove commodity codes registrants must add the codes
listed below:
* Building Construction Services,New(Includes Maintenance and Repair Services)
* Construction Services, General(Includes Maintenance and Repair Services)
* Construction Services, Heavy(Includes Maintenance and Repair Services)
* Construction Services, Trade (New Construction)
For more information regarding registration instructions, see INSTRUCTIONS TO BIDDERS,
Section 00200, included in the project bid documents viewable on the web site. Questions
regarding electronic bidding should be directed to City Purchasing Officer at
ebids@pearlandtx.gov.All Bids submitted electronically will remain confidential until the opening
date and time when they will be opened and read into the public record.
Bids, shall be submitted on the form provided in the E-bid System and submitted electronically
through this system to the City Purchasing Officer, City of Pearland, City Hall Annex located at
3523 Liberty Drive, Pearland, Texas 77581. Electronic bids will be accepted until 2:00 p.m.,
Tuesday, April 9, 2019. All Bids shall reference the following project information in the
appropriate locations in provided electronic format. All properly submitted bids shall be publicly
"opened" and read aloud into the public record following the closing of the acceptance period for
the construction of:
Fiber Backbone-Dixie Farm Road
(FM 518 to Longwood Treatment Plant)
City of Pearland, Texas
COP PN: FA1802
Old Alvin Rd Widening
(Fiber Optic Network Connection Plan)
City of Pearland, Texas
COP-PN: T20002
Fiber Backbone—Pearland Parkway
(Oiler Dr to John Lizer to City Hall)
City of Pearland, Texas
COP PN: FA1901
BID NO.: 0319-20
08-2018 00100- 1 of 4
CITY OF PEARLAND INVITATION TO BID
A mandatory pre-bid conference will be held at the City of Pearland City Hall Annex at 3523
Liberty Drive, Pearland, Texas 77581 at 10:00 a.m. on March 28, 2019.
The project will entail three fiber connections. The Dixie Farm Road project will create a new fiber
optic connection between the City's network connection at the intersection of Dixie Farm Road and
FM 518 (E Broadway Street) and the Wastewater Treatment Facility along Dixie Farm Road and
two traffic controller cabinets along Dixie Farm Road. The fiber optic connection will carry 96-
strand single mode fiber from the traffic controller cabinet at the Dixie Farm Road and FM 518
intersection to the treatment plant and a 12-strand single mode fiber to connect the existing traffic
signal cabinets at the McGinnis Drive and McDonald Drive intersections along Dixie Farm Road
via 4"HDPE with 4-1" inner ducts.
The Old Alvin Road project will create a new fiber optic connection between the City's network
connection at the Alice water tower control building and the new Fire Station #1 location at the
intersection of McHard Road and Old Alvin Road. The fiber optic connection will carry 96-strand
single mode fiber the entire project length of 2,600 feet via 4" HDPE with 4-1" inner ducts.
The Pearland Parkway project will begin at the intersection of Oiler Drive and Pearland Parkway
then travels north to Liberty Drive (Independence Park entrance). At Liberty Drive, the network
will branch north to the intersection of John Lizer and Pearland Parkway and go the northeast along
Liberty Drive(and through Independence Park)to the Pearland City Hall. The Oiler Drive network
connection will carry a 96-strand single mode fiber from the traffic controller cabinet at the Oiler
Drive and Pearland Parkway intersection to City Hall via 4"HDPE with 4-1"inner ducts. The John
Lizer Road network connection will carry a 96-strand single mode fiber from the traffic controller
cabinet at the John Lizer Road and Pearland Parkway intersection to City Hall via 4" HDPE with
4-1" inner ducts. A 12-strand single mode fiber will be carried from the Oiler Drive and Pearland
Parkway intersection to the traffic controller cabinet at the intersection of John Lizer and Pearland
Parkway via 4"HDPE with 4-1" inner ducts.
Upon award of a contract, the successful Bidder will be required to utilize the City's web based
project management software, "Pro-Trak" for the administration of the construction project,
including but not limited to,all transmittals and material submittals,RFI's,RFC's,Change Orders,
Applications for Payment and all project communications with the City,its Construction Manager
and Engineer. This system has certain hardware, internet access and operation requirements that
form the basis for all project communications,documentation and records for the project.For more
information, see INSTRUCTIONS TO BIDDERS, Section 00200.
Electronic Bid Documents: including Contract Documents, Plans and Technical Specifications
are available for download on the City's Website at: https://pearland.ionwave.net/Login.aspx
upon registration. The documents are NOT viewable without registration. These same
documents are also available at the following locations.
Amtek Plan Room (713) 956-0100
4001 Sherwood
Houston, TX 77092
The Associated General Contractors of America, Inc. (713) 334-7100
2400 Augusta, Suite 350
Houston, TX 77057
08-2018 00100-2 of 4
CITY OF PEARLAND INVITATION TO BID
Virtual Builders Exchange (832) 613-0201
7035 W. Tidwell Building J, Suite 112
Houston, TX 77092
No plan fees or deposits are required for plans and bid documents obtained through the City's E-
bid System.BIDDERS MUST REGISTER AS A SUPPLIER ON THE CITY'S E-BID SYSTEM
IN ORDER TO SUBMIT A BID EVEN IF BID DOCUMENTS ARE OBTAINED VIA ONE OF
THE PLAN HOUSES.
Bidders accept sole responsibility for downloading all of the required documents, plans,
specifications bid forms and addenda required for bidding.
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..Unless otherwise expressly provided
herein, all references to "day(s)" shall mean calendar day(s).
Bid Security and Bonds: Bid Security in the form of Cashier's Check, Certified Check, or Bid
Bond payable to the City of Pearland in the amount of 5% of the total base bid price must
accompany each proposal. Bidders submitting bids electronically through the E-bid System shall
scan and up-load a copy of the sealed Bid Bond as an attachment to their bid. Original documents
for Bid Security shall be requested by the City from the lowest two bidders and delivered to
the City's Purchasing Officer within 48 business hours of the Bid Opening. Bid Security shall
be delivered to: Office of City Purchasing, Finance Department, City Hall Annex, 3523 Liberty
Drive, Pearland, Texas 77581.
The successful Bidder must furnish Performance and Payment Bonds as required by Chapter 2253
of the Texas Government Code or other applicable law, as amended, upon the form included in
the Contract Documents, 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", naming the City of
Pearland, Texas as Obligee. Additionally, the successful bidder shall be required to provide a one
year Maintenance Bond for the improvements installed as part of this work, as provided in the
Special Conditions of Agreement.
Equal Opportunity: All responsible bidders will receive consideration for award of contract
without regard to race, color, religion, sex, or national origin.
The contractor, sub-recipient, or sub-contractor shall not discriminate on the
basis of race, color, national origin, or sex in the performance of this contract.
The contractor shall carry out applicable requirements of 49 CFR Part 26 in the
award and administration of DOT-assisted contracts. Failure by the contractor
to carry out these requirements is a material breach of this agreement, which
may result in the termination of this agreement or such remedy as the recipient
deems appropriate.
Nondiscrimination: The City, in accordance with Title VI of the Civil Rights Act of 1964, 78
Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-
08-2018 00100-3 of 4
CITY OF PEARLAND INVITATION TO BID
Assisted programs of the Department of Transportation issued pursuant to such Act, hereby
notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this
advertisement, minority business enterprises will be afforded full opportunity to submit bids in
response to this invitation and will not be discriminated against on the grounds of race, color, or
national origin in consideration for an award.
DBE/SBE Goal: The Disadvantaged Business Enterprise (DBE) goal for this project is 0%. The
Small Business Enterprise (SBE) goal for this project is 0%. DBEs and SBEs selected must be
TxDOT approved. Race neutral participation is encouraged and can be achieved through various
supplier and subcontracting opportunities.
Selection Criteria: The Contract is to be awarded on the basis of Lowest Responsible Bidder. In
identifying this criteria the City will consider: 1) lowest total bid price for all work listed and
specifically requested, including but not limited to: Base Bid, Extra Work items and selected
Alternates. The City of Pearland reserves the right to award a contract based on any combination
of the above considered to be in its best interests or to reject any or all bids.
A bid that has been"opened"may not be changed for the purposes of correcting an error in the bid
price.
Young Lorfing, TRMC
City Secretary,
City of Pearland
First Publication date March 20, 2019
Second Publication date March 27, 2019
08-2018 00100-4 of 4
CITY OF PEARLAND BID PROPOSAL
Section 00300
- ! BID PROPOSAL
Lowest Responsible Bid
Date:
Bid of , an individual proprietorship/a
corporation organized and existing under the laws of the State of Texas/a partnership consisting
of , for the construction of:
Fiber Backbone-Dixie Farm Road
(FM 518 to Longwood Treatment Plant)
City of Pearland, Texas
COP PN: FA1802
Old Alvin Rd Widening
(Fiber Optic Network Connection Plan)
City of Pearland, Texas
COP PN: T20002
Fiber Backbone—Pearland Parkway
(Oiler Dr to John Lizer to City Hall)
City of Pearland, Texas
COP PN: FA1901
BID NO.: 0319-30
(Submitted in Electronic format)
To: The Honorable Mayor and City Council of Pearland
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Pursuant to the published Invitation to Bidders, and Instructions to Bidders, the undersigned Bidder
hereby proposes to perform all the work and furnish all necessary superintendence, labor,
machinery, equipment, tools and materials, and whatever else may be necessary to complete all the
work described in or reasonably inferable from the Contract Documents for the construction of the
Fiber Backbone — Dixie Farm Road (FM 518 to Longwood Treatment Plan), Old Alvin Rd
Widening(Fiber Optic Network Connection Plan), and Fiber Backbone—Pearland Parkway
(Oiler Dr to John Lizer to City Hall) with all related appurtenances, complete, tested, and
operational, in accordance with the Plans and Specifications prepared by Karl F. Rothermel,
P.E., PTOE, Cobb, Fendley & Associates, Inc., 1920 Country Place Parkway, Suite 310
Pearland, TX 77584, for the unit prices or applicable prices set forth in Exhibit "A", the electronic
bid form as contained in the City's E-bid system, which, once fully executed and submitted
shall constitute a legal and executable proposal from the Bidder. It is understood that, in the
event any changes are ordered on any part of the Work, the applicable unit prices bid shall apply as
additions to or deductions from the total prices for the parts of the Work so changed.
The Bid Security required under the Instructions to Bidders is included and has been uploaded as an
attachment within the E-bid system and,that a fully executed, signed and sealed hard copy has been
delivered to the Office of City Purchasing, Finance Department, City Hall Annex 3523 Liberty
Drive, Pearland, Texas 77581.
Bidder's Initial's:
10-2017 00300- 1 of 3
CITY OF PEARLAND BID PROPOSAL
The Bidder agrees to submit to the Owner the Qualifications of Bidder, including the Financial
Statement of Bidder, as required by the Instructions to Bidders if requested to do so as a condition
of the Bid process.
The Bidder binds himself, upon acceptance of his proposal, to execute the Standard Form of
Agreement and furnish an acceptable Performance and Payment Bond and Maintenance Bond, each
in the amount of one hundred percent (100%) of the total Contract Price, according to the forms
included in the Contract Documents, for performing and completing the said work within the time
stated and for the prices stated in Exhibit A of this proposal along with all required insurance in the
required amounts.
•
Bidder's Initial's:
10-2017 00300-2 of 3
CITY OF PEARLAND BID PROPOSAL
The undersigned Bidder agrees to commence work within 10 days of the date of a written Notice to
Proceed. It is understood that the Work is to be Substantially Complete within 300 days after the
date of the Notice to Proceed. Time for Substantial Completion shall begin on the date established
by the Notice to Proceed. The Contractor will pay liquidated damages in the amount(s) specified
in Section 00500 — Standard Form of Agreement, in the event the Work is not Substantially
Complete within the Contract Time.
The undersigned agrees that the amounts bid in this Bid Proposal will not be withdrawn or modified
for ninety(90)days following date of Bid Proposal opening, or such longer period as maybe agreed
to in writing by the City of Pearland and Bidder.
It is understood that in the event the Successful Bidder fails to enter into the Standard Form of
Agreement and/or to furnish an acceptable Performance and Payment Bond and Maintenance Bond
if required, each in the amount of one hundred (100) percent of the Contract Price, along with all
required insurance in the stated amounts within ten(10)days of the Notice of Award,the Successful
Bidder will forfeit the Bid Security as provided in the Instructions to Bidders.
Unless otherwise expressly provided herein, all references to "day(s)" shall mean calendar day(s).
The Bidder acknowledges that the following Addenda have been received. The modifications to
the Bidding Documents noted therein have been considered and all costs thereto are included in the
Bid Proposal prices.
Addendum No.: Date: Addendum No.: Date:
Addendum No.: Date: Addendum No.: Date:
Bidder hereby represents that the only person or parties interested in this offer as principals are those
named. Bidder has not directly or indirectly entered into any agreement, participated in any
collusion, or otherwise taken any action in restraint of free competitive bidding.
Firm Name:
By:
Title:
Address:
Phone No:
ATTEST:
(Seal, if Bidder is a Corporation)
(Typed or Printed Name)
Signature
Date:
END OF SECTION
Bidder's Initial's:
10-2017 00300-3 of 3
CITY OF PEARLAND PROPOSAL
PROPOSAL FORM
PART B
FIBER BACKBONE-DIXIE FARM ROAD(FM 518 TO LONGWOOD TREATMENT PLANT)
Quantity UOM Description Spec Reference Unit Price Total Amount
Base Bid Site Preparation
&Earthwork
1 1 LS MOBILIZATION(MAXIMUM 3%) 1505
2 1 LS TRAFFIC CONTROL AND REGULATION 1555
Base Bid Signalization
3 220 LF MULTI-DUCT CONDUIT(RMC 4"W/4-1"INNER DUCTS) TxDOT-618
4 6,110 LF MULTI-DUCT CONDUIT(HDPE 4"W/4-1"INNER DUCTS) TxDOT-618
(BORED)(ORANGE)
5 5 LF CONDUIT(HDPE 2")(ORANGE) TxDOT-618
6 23 EA GROUND BOX TY 2(243636)W/APRON TxDOT-624
7 1 EA FIELD ETHERNET SWITCH' BID ITEM 0001
FIBER OPTIC SPLICE ENCLOSURE-UNDERGROUND,
8 3 EA TxDOT-6007
WATERPROOF2
9 26 EA POLI-MOD PATCH AND SPLICE MODULES BID ITEM 0002
10 5,050 LF FIBER OPTIC CBL(SNGLE-MODE)(12 FIBER) TxDOT-6007
11 7,470 LF FIBER OPTIC CBL(SNGLE-MODE)(96 FIBER) TxDOT-6007
12 17 EA FIBER OPTIC CABLE ROAD MARKER TxDOT-6007
BBU SYSTEM(EXTERNAL BATT CABINET)-
13 3 EA CABINET/POWER SOURCE ONLY-FOR FIBER SYSTEM BID ITEM 0003
USE
14 1 EA FIBER OPTIC PATCH PANEL(144 POSITION)RU-4 BID ITEM 0004
15 2 EA FIBER OPTIC PATCH PANEL(144 POSITION)RU-5 BID ITEM 0005
16 2 EA FIBER OPTIC PATCH PANEL(24 POSITION) BID ITEM 0006
NOTE: 1. Field Ethernet Switch will be supplied by the City.
2. Number of splice enclosures to be determined by length of fiber cable run lengths which may vary. Fiber cable run lengths
shall be approved by the City.The cost of the splices within the enclosures are incidental to the cost of the enclosure.
3. The cost of the splices within the poli-mod patch and splice modules are incidental to the cost of the module.
, � Bidder's Ini'r'
00300-P. '- 1 of 3
CITY OF PEARLAND _ P�ODOSAL
PROPOSAL FORM
PART B
OLD ALVIN RD WIDENING(FIBER OPTIC NETWORK CONNECTION PLAN)
Quantity UOM Description Spec Reference Unit Price Total Amount
Base Bid Site Preparation
&Earthwork
1 1 LS MOBILIZATION(MAXIMUM 3%) 1505
2 1 LS TRAFFIC CONTROL AND REGULATION 1555
Base Bid Signalization _
3 1,950 LF MULTI-DUCT CONDUIT(HDPE 4"W/4-1"INNER DUCTS) TxDOT-618
SBORED)(ORANGE)
4 7 EA GROUND BOX TY 2(243636)W/APRON TxDOT-624
5 2 EA FIELD ETHERNET SWITCH BID ITEM 0001
6 16 EA POLI-MOD PATCH AND SPLICE MODULE BID ITEM 0002
7 2,750 LF FIBER OPTIC CBL(SNGLE-MODE)(96 FIBER) TxDOT-6007
8 10 EA FIBER OPTIC CABLE ROAD MARKER TxDOT-6007
9 2 EA FIBER OPTIC PATCH PANEL(144 POSITION)RU-4 BID ITEM 0004
NOTE: 1. Field Ethernet Switch will be supplied by the City.
2. Number of splice enclosures to be determined by length of fiber cable run lengths which may vary. Fiber cable run lengths
shall be approved by the City.The cost of the splices within the enclosures are incidental to the cost of the enclosure.
Bidder's Initials:
00300-Part B-2 of 3
CITY OF PEARLAND PROPOSAL
PROPOSAL FORM
PART B
FIBER BACKBONE-PEARLAND PARKWAY(OILER DR TO JOHN LIZER TO CITY HALL)
Quantity UOM Description Spec Reference Unit Price Total Amount
Base Bid Site Preparation
&Earthwork
1 1 LS MOBILIZATION(MAXIMUM 3%) 1505
2 1 LS TRAFFIC CONTROL AND REGULATION 1555
Base Bid Signalization
3 90 LF MULTI-DUCT CONDUIT(RMC 4"W/4-1"INNER DUCTS) TxDOT-618
4 7,650 LF MULTI-DUCT CONDUIT(HDPE 4"W/4-1"INNER DUCTS) TxDOT-618
(BORED)(ORANGE)
5 28 EA GROUND BOX TY 2(243636)W/APRON TxDOT-624
6 1 EA FIELD ETHERNET SWITCH BID ITEM 0001
7 34 EA POLI-MOD PATCH AND SPLICE MODULE BID ITEM 0002
8 4,180 LF FIBER OPTIC CBL(SNGLE-MODE)(12 FIBER) TxDOT-6007
9 17,850 LF FIBER OPTIC CBL(SNGLE-MODE)(96 FIBER) TxDOT-6007
10 32 EA FIBER OPTIC CABLE ROAD MARKER TxDOT-6007
11 1 EA BBU SYSTEM(EXTERNAL BATT CABINET)- BID ITEM 0003
CABINET/POWER SOURCE ONLY-FOR FIBER SYSTEM USE
12 1 EA FIBER OPTIC PATCH PANEL(144 POSITION)RU-4 BID ITEM 0004
13 1 EA FIBER OPTIC PATCH PANEL(144 POSITION)RU-5 BID ITEM 0005
14 2 EA FIBER OPTIC PATCH PANEL(24 POSITION) BID ITEM 0006
15 8 EA CORNING EDGE SPLICE CASSETTE SM BID ITEM 0007
NOTE: 1. Field Ethernet Switch will be supplied by the City.
2. Number of splice enclosures to be determined by length of fiber cable run lengths which may vary. Fiber cable run lengths
- shall be approved by the City.The cost of the splices within the enclosures are incidental to the cost of the enclosure.
� Bidder's Ini'
00300-P! 3 of 3
CITY OF PEARLAND STANDARD FORM OF AGREEMENT
Section 00500
STANDARD FORM OF AGREEMENT
THIS AGREEMENT is by and between City of Pearland(hereinafter called OWNER or City) and
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR,in consideration of the mutual covenants hereinafter set forth,agree
as follows:
Article 1. WORK
CONTRACTOR shall complete all work as specified or indicated in or reasonably inferable
from the Contract Documents(hereinafter the"Work"). The Work is generally described as
follows:
Fiber Backbone-Dixie Farm Road
(FM 518 to Longwood Treatment Plant)
City of Pearland, Texas
COP PN: FA1802
Old Alvin Rd Widening
(Fiber Optic Network Connection Plan)
City of Pearland, Texas
COP PN: T20002
Fiber Backbone—Pearland Parkway
(Oiler Dr to John Lizer to CityHall)
City of Pearland, Texas
COP PN: FA1901
BID NO.: 0319-30
Article 2. ENGINEER
The Work has been designed by Cobb, Fendley & Associates, Inc., 1920 Country Place
Pkwy#310, Pearland, Texas 77584 (Karl Rothermel,P.E.,PTOE)who is hereinafter called
ENGINEER and who is to 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 TIME
3.1 The Work will be Substantially Complete (as defined in Article 1 of the General
Conditions) within three hundred (300) days (including weekends and holidays)
from the date when the Contract Time commences to run as provided in paragraph
5.01 of the General Conditions (as revised in the Special Conditions if applicable),
and completed and ready for Final Payment within one hundred fifty (150) days
from the date when the Contract Time commences to run. No work will be allowed
on Sundays.
4-2015 00500- 1 of 7
CITY OF PEARLAND STANDARD FORM OF AGREEMENT
32 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is
not completed within the times specified in paragraph 3.1 above,plus any extensions
thereof allowed in accordance with Article 5 of the General Conditions. OWNER
and CONTRACTOR also recognize the delays, expense, and difficulties involved
in proving in a legal or arbitration preceding the actual loss suffered by OWNER if
the Work is not completed on time. Accordingly, instead of requiring any such
proof, OWNER and CONTRACTOR agree that as liquidated damages for delay
(but not as a penalty) CONTRACTOR shall pay OWNER five hundred dollars
($500.00) for each day that expires after the time specified in paragraph 3.1 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 set out in the Certificate of Substantial Completion
or any proper extension thereof granted by OWNER, CONTRACTOR shall pay
OWNER five hundred dollars ($500.00) for each day that expires after the time
specified in the Certificate of Substantial Completion for completion and readiness
for Final Payment.
33 Inspection Time. Working hours for the Pearland Inspection personnel are from 7:30
a.m. to 4:30 p.m., Monday through Friday, excluding City approved holidays. The
Contractor shall notify the OWNER of any required inspection overtime work at least
48 hours in advance and shall pay the overtime wages for the required City
inspections.
Article 4. CONTRACT PRICE
4.1 OWNER shall pay CONTRACTOR for completion of the Work in strict accordance
with the Contract Documents in current funds$XXX,XXX.xx(the"Contract Price").
The Contract Price includes the Base Bid as accepted by OWNER as shown in
Document 00300—Bid Proposal.
Article 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance with Section 6.0
"Measurement and Payment" of the General Conditions. Application for Payment will be
processed by ENGINEER as provided in the General Conditions.
5.1 Progress Payments. OWNER shall make progress payments on account of the
Contract Price on the basis of CONTRACTOR's Application for Payment as
recommended by ENGINEER as provided below. All progress payments will be on
the basis of the progress of the Work and actual quantity of Work completed, in
accordance with Article 6 "Measurement and Payment" of the General Conditions.
5.1.1 Prior to Substantial Completion, progress payments will be made in an
amount equal to the percentage or actual quantity of Work complete, 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 the General Conditions. The OWNER shall make payment
4-2015 00500-2 of 7
CITY OF PEARLAND STANDARD FORM OF AGREEMENT
within 30 days of receipt of application for payment by the ENGINEER.
5.12 Each progress payment shall be less retainage as specified in Paragraph 6.06
of the General Conditions, and further less all previous payments and all
further sums that may be retained by the OWNER under the terms of this
Agreement. It is understood, however, that in case the whole work be near to
completion and some unexpected and unusual delay occurs due to no fault or
neglect 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 payment of the
balance due him under the contract subject only to the conditions stated
under"Final Payment."
52 Final Payment. Upon final completion and acceptance of the Work in accordance
with paragraph 6.09 of the General Conditions, OWNER shall pay the remainder of
the Contract Price as recommended by ENGINEER as provided in said paragraph
6.09.
Article 6. INTEREST
Interest on any overdue payment from OWNER to CONTRACTOR shall be paid in
accordance with the provisions of Chapter 2251.025 of the Texas Government Code, as
amended.
Article 7. CONTRACTOR'S REPRESENTATIONS
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the
following representations:
7.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract
Documents, Work, site, locality, and all local conditions and Laws and Regulations
that in any manner may affect cost,progress,performance,or furnishing of the Work.
7.2 CONTRACTOR has studied carefully all available surveys, assessments, reports of
explorations, investigations, and tests of subsurface conditions and drawings of
physical conditions of the site. Such technical reports and drawings are not Contract
Documents, and Owner makes no representations or warranties as to the accuracy of
such documents or information, or to whether or not they are complete,
comprehensive, or all-inclusive.
7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for
obtaining and carefully studying) all such examinations,investigations, explorations,
tests, reports, and studies (in addition to or to supplement those referred to in
paragraphs 7.2 above) which pertain to the subsurface or physical conditions at or
contiguous to the site or otherwise may affect the cost, progress, performance or
furnishing of the Work, and CONTRACTOR assumes the risk of such subsurface
and physical conditions, and shall furnish the Work at the Contract Price,within the
Contract Time and in accordance with the other terms and conditions of the Contract
4-2015 00500-3 of 7
CITY OF PEARLAND STANDARD FORM OF AGREEMENT
Documents; and no additional examinations, investigations, explorations, tests,
reports, and studies or similar information or data are or will be required by
CONTRACTOR for such purposes.
7.4 CONTRACTOR has reviewed and checked all information and data shown or
indicated on the Contract documents with respect to existing underground facilities
at or contiguous to the site and assumes responsibility for the accurate location of
said underground facilities. No additional examinations, investigations,
explorations, tests, reports, studies or similar information or data in respect of said
underground facilities are or will be required by CONTRACTOR in order to
perform and finish the Work at the Contract Price, within the Contract Time and in
accordance with the other terms and conditions of the Contract Documents.
7.5 CONTRACTOR has correlated the results of all such observations, examinations,
investigations, explorations, tests, reports, and studies with the terms and conditions
of the Contract Documents.
7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or
discrepancies in the Contract Documents of which Contractor knew or should have
known, and CONTRACTOR shall perform the Work at the Contract Price, within
the Contract Time and in accordance with the other terms and conditions of the
Contract Documents, including any written resolution of any such conflict, error or
discrepancy by ENGINEER. In the event of a conflict that was not brought to the
OWNER's or ENGINEER's attention prior to the bid, the CONTRACTOR is
assumed to have bid the most expensive alternative.
Article 8. CONTRACT DOCUMENTS
The Contract Documents, which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work, consist of the following, each of which are
incorporated herein by reference:
8.1 Standard Form of Agreement(Section 00500).
8.2 Performance, Payment, and/or Maintenance Bonds (Sections 00610, 00611, and
00612).
8.3 General Conditions of Agreement (Section 00700), including Attachment No. 1
Workers' Compensation Insurance Coverage,Attachment No.2 Agreement for Final
Payment and Contractor's Sworn Release, and Attachment No. 3 Owner's Insurance
Requirements of Contractor.
8.4 Special Conditions of Agreement(Section 00800).
8.5 Plans, consisting of sheets numbered 1 through 55 inclusive with attachments with
each sheet bearing the following general title: Network Connection Plan Fiber
Backbone -Dixie Farm Road(FM 518 to Longwood Treatment Plant)
8.6 Plans, consisting of sheets numbered 1 through 41 inclusive with attachments with
each sheet bearing the following general title: Old Alvin Rd Widening (Fiber Optic
4-2015 00500-4 of 7
CITY OF PEARLAND STANDARD FORM OF AGREEMENT
Network Connection Plan)
( 8.7 Plans, consisting of sheets numbered 1 through 54 inclusive with attachments with
each sheet bearing the following general title: Fiber Backbone — Pearland Parkway
(Oiler Dr to John Lizer to City Hall)
8.8 Instructions to Bidders and CONTRACTOR's Bid Proposal, including any Addenda
referenced therein.
8.9 Technical Specifications for the Work.
8.10 The following, which may be delivered or issued after this Agreement becomes
effective: Any Change Orders or other documents amending, modifying, or
supplementing the Contract Documents in accordance with the General Conditions.
There are no Contract Documents other than those listed above in this Article 8. The
Contract Documents may only be amended, modified or supplemented as provided in the
General Conditions.
Article 9. MISCELLANEOUS
9.1 Terms used in this Agreement which are defined in Section 1, "Definitions and
Interpretations" of the General Conditions will have the meanings indicated in the
General Conditions.
92 No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the
party sought to be bound; and specifically but without limitation moneys that may
become due and moneys that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law), and
unless specifically stated to the contrary in any written consent to an assignment,no
assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
9.3 OWNER and CONTRACTOR each binds itself, its partners, successors,assigns and
legal representative to the other party hereto, its partners, successors, assigns and
legal representatives in respect of all covenants, agreements and obligations
contained in the Contract Documents.
9.4 CONTRACTOR agrees to warranty the Work for a period of one (1) year from
Substantial Completion against defects in materials and workmanship.
CONTRACTOR agrees to repair or replace any defective work within this warranty
period immediately unless such repairs require long lead time materials and
equipment in which case CONTRACTOR shall provide an agreeable schedule for
repairs at no additional cost to OWNER.
95 The Work will be completed according to the Contract Documents and in accordance
with codes, ordinances, and construction standards of the City of Pearland, and all
applicable laws, codes and regulations of governmental authorities.
9.6 In the event any notice period required under the Contract Documents is found to be
4-2015 00500-5 of 7
CITY OF PEARLAND STANDARD FORM OF AGREEMENT
shorter than any minimum period prescribed by applicable law, the notice period
required shall be construed to be the minimum period prescribed by applicable law.
9.7 This Contract and the Contract Documents, insofar as they relate in any part or in any
way to the Work undertaken therein, constitute the entire agreement between the
parties hereto, and it is expressly understood and agreed that there are no agreements
or promises by and between said parties, except as aforesaid, and that any additions
thereto or changes shall be in writing.
9.8 The provisions of this Contract shall be applied and interpreted in a manner
consistent with each other so as to carry out the purposes and the intent of the
parties, but if for any reason any provision is unenforceable or invalid, such
provisions shall be deemed severed from this Contract and the remaining provisions
shall be carried out with the same force and effect as if the severed provision had not
been part of this Contract.
9.9 The headings of the paragraphs are included solely for the convenience of reference
and if there is any conflict between the headings and the text of this Contract, the
Contract text shall control.
9.10 The waiver of any breach hereof shall not constitute a waiver of any subsequent
breach of the same or any other provision hereof. Failure by the OWNER in any
instance to insist upon observance or performance by CONTRACTOR shall not be
deemed a waiver by CONTRACTOR of any such observance or performance. No
waiver will be binding upon OWNER unless in writing and then will be for the
particular instance only. Payment of any sum by OWNER to CONTRACTOR with
knowledge of any breach or default will not be deemed a waiver of such breach or
default or any other breach or default.
9.11 The CONTRACTOR acknowledges that the OWNER(through its employee
handbook) considers the following to be misconduct that is grounds for termination
of an employee of the OWNER: Any fraud, forgery, misappropriation of funds,
receiving payment for services not performed or for hours not worked, mishandling
or untruthful reporting of money transactions, destruction of assets, embezzlement,
accepting materials of value from vendors, or consultants, and/or collecting
reimbursement of expenses made for the benefit of the OWNER. The
CONTRACTOR agrees that it will not, directly or indirectly; cause an employee of
the OWNER to engage in such misconduct.
9.12 The CONTRACTOR agrees to comply with Appendix A (attached) of the City of
Pearland's Title VI Nondiscrimination Plan Assurances.
4-2015 00500-6 of 7
CITY OF PEARLAND STANDARD FORM OF AGREEMENT
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in
duplicate. One counterpart each has been delivered to OWNER and one to CONTRACTOR.
This Agreement will be effective upon execution and attestation by authorized representatives of
the City of Pearland and upon the following date: , 20_.
OWNER: CONTRACTOR:
CITY OF PEARLAND
By: By:
Title: Title:
Date: Date:
(Corporate Seal)
ATTEST ATTEST
- Address for giving notices
Phone:
Fax:
Agent for service of process:
END OF SECTION
4-2015 00500-7 of 7
Fiber Backbone Projects
Bid #0319-30
Pre-Bid Meeting Sign-In Sheet
10:00 a.m. 3/28/2019
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�J _ _ 2r'-c/97--5.-??0
0 3-u +% 2 (Sac_ic.,,.-,0Y.„ e,\tok5P-ec,,-la,c,k+xe2ov
\ c,roin l col Pu.,a, q.+ -v ,uza .. , ebr,cis @pear lc Mil-9ov'
BID ITEM 0007
EDGETM Splice Cassette
12 F, LC duplex, Single-mode UPC, single-fiber
CORNING
EDGETM Splice Cassettes provide the interface between
the bulk cable and the LC duplex jumpers that connect
directly into the electronics.The splice cassette includes
a one meter bare ribbon(or twelve x 250 pm single fi-
ber)pigtail,that is loaded within the cassette, and can
be mass-fusion spliced directly to either ribbon or loose �._- -
fiber cable.The LC duplex adapters feature hinged VFL :i
-compatible shutters that move up and out of the way
when the connector is inserted.
•
Features and Benefits - �^, o ° o 0 0 0 o n o
AGI-, 4.7.1c67643.4, Egls '1"-
Shuttered adapters
Create one-hand operation while eliminating need to
keep up with dust caps
Modules connectors mate directly to trunk
Eliminates one MTP Connector pair for reduced overall EDGE®Splice Cassette, 12 F,LC duplex, 0S2 I Photo
link loss LAN4112
Splicing with EDGE cassette
Eliminates the need for a separate splice tray within the
housing
Specifications
General Specifications
Application — Y Data Center LAN/SAN _ I
Product Type Cassettes
Splice Option yes
Fiber Category SM(0S2)
Temperature Range
Operating Temperature '•-20°C to 60°C
Installation -5°C to 50°C
Storage Temperature , -25°C to 70°C
•
Design - Hardware
Fiber Count 12
Number of Adapters per Panel 6
Number of pigtails 12
Product Specification EDGE-CS12-AE-P0ORE_NAFTA_AEN CORNING
Page 1 1 Revision date 2016-03-02
EDGETM
Splice Cassette | �
EDGE"
12 FLC duplex, Single-mode UPC, siDg!e~fiber |
CORNING
, - _ _ _
Design~HaKdware
. _
Pigtail Length 1.5 m
]�
;Connector Type ucu
--_ - _ ____- __-
Pigtail ' 7elcor ia color coded forbuffers and fibers
.-�~_^ _�__-__~^ ___---- . ' ---~_ - �'_.-�_ .--_�_ ~_'� �-'`-_ __-~ '-�- _ .
-Number ofSplice _j�1_
Splice Tray Type EDGE splice cassette with
�umb*rofQ�ioaPm� ~--- ---�--' - -- � 112 -----~�'----- ` -^ -'----�
ctors
-- — '__—~ _
Splice Protectors Type ' Heat-shrink splice protection
[Adapter _ 1 Shuttered LC
`-- --' - — -- i-- -- `- - - -�--
Adapter Color Front
.`Blue UPC
`Fibor � "^� 11�-_2
- `l
-_
Panel onModuleType
'EDGE`m
-
' \ '
Mechanical
'
— iDimensions(HxVVxD) �
|
2mm° mm ----1� ' ` �(0.46 in -2i� ��.-------- �)---'-�
��� ' _--
Weight ` 0.081 kg
Specification -Hardware �
Pigtail reflectance __ , ___ �__ ���'O�adB
Module Insertion Loss, Max 0.5 dB
!VVavo|nngms l �
_ � nm -1,550 ri
Design '
Adapter
---' - -'---- � -''- -�'----- ��Cduplex----~ ,^�---`---'--' -------- ---- -'=-�
'Adapter Type � shu"=e"____________
Adapter Housing Material Composite
r�� - -------- -- - -- ---- ---- .- ---^ --� - -- -' ' -- --- -�
'adop�rHousing Cobr -ii3�-a
__-
Insert Material Ceramic
`- __ __'- _~-.- - '_' - '__,
:Keyed adapter --�'No
Shuttered adapter Yes
\ .' Design -Connector A _ ^�
Connector Type LC duplex
�
Ferrule Material Ceramic
Product Specification EDGE-Co12-AE-Pons_mArTA_AEm CORNING lG
Page 2 I Revision date 2016-03-02
EDGETM Splice Cassette
12 F, LC duplex, Single-mode UPC, single-fiber
CORNING
Ordering Information
Part Number EDGE-CS12-AE-POORE
Product Description EDGETM' Splice Cassette, 12 F, LC duplex,Single-mode UPC,
single-fiber
EAN Code � 4056418147154
Weight 0.09 kg (0.19 Ib)
Module Capacity 12
Shipping Information
Packing dimensions(Lx W H) 1247 mm x 135 mm x 25 mm
Shipping Weight 0.1268 kg
`Units per Delivery _ �f1/1 = —
RoHS
C O MSP L fN T
Corning Optical Communications LLC•PO Box 489•Hickory, NC 28603-0489 USA
800-743-2675•FAX: 828-325-5060•International: +1-828-901-5000•www.corning.com/opcomm
A complete listing of the trademarks of Corning Optical Communications is available at www.corning.com/opcomm/trademarks.
All other trademarks are the properties of their respective owners. Corning Optical Communications is ISO 9001 certified.
©2016 Corning Optical Communications.All rights reserved.
Product Specification EDGE-CS12-AE-POORE_NAFTA_AEN CORNING
Page 3 I Revision date 2016-03-02
o<;.6,pt,i DIXIE FARM ROAD-FIBER OPTIC
�,;;waft'fid CITY PROJECT NUMBER:FA1802 di'CobbFendley
,� b` '•"`l1 BID NUMBER 1019-02
OPINION OF PROBABLE CONSTRUCTION COST GENERATED BY: KFR
DATE: 10/3/2018
Quantity UOM Description Spec Reference Unit Price Total Amount
Base Bid Site Preparation&
Earthwork
1 1 LS MOBILIZATION(MAXIMUM 3%) 1505 3% $4,745.25
2 1 LS TRAFFIC CONTROL AND REGULATION 1555 1% $1,581.75
Base Bid Signalization
3 220 LF MULTI-DUCT CONDUIT(RMC 4"W/4-1"INNER DUCTS) TxDOT-618 $20.00 $4,400.00
4 6,110 LF MULTI-DUCT CONDUIT(HDPE 4"W/4-1"INNER DUCTS)(BORED) TxDOT-618 $20.00 $122,200.00
SORANGE)
5 5 LF CONDUIT(HDPE 2")(ORANGE) TxDOT-618 $22.75 $113.75
6 23 LF GROUND BOX TY 2(243636)W/APRON TxDOT-624 $1,500.00 $34,500.00
7 1 EA FIELD ETHERNET SWITCH' BID ITEM 0001 $3,000.00 $3,000.00
8 3 EA FIBER OPTIC SPLICE ENCLOSURE-UNDERGROUND,WATERPROOF2 TxDOT-6007 $2,700.00 $8,100.00
9 26 EA POLI-MOD PATCH AND SPLICE MODULES BID ITEM 0002 $860.00 $22,360.00
10 5,050 LF FIBER OPTIC CBL(SNGLE-MODEX12 FIBER) TxDOT-6007 $4.00 $20,200.00
11 7,470 LF FIBER OPTIC CBL(SNGLE-MODEX96 FIBER) TxDOT-6007 $4.50 $33,615.00
12 17 EA FIBER OPTIC CABLE ROAD MARKER TxDOT-6007 $200.00 $3,400.00
13 3 EA BBU SYSTEM(EXTERNAL BATT CABINET)-CABINET/POWER BID ITEM 0003 $1,000.00 $3,000.00
SOURCE ONLY-FOR FIBER SYSTEM USE
14 1 EA FIBER OPTIC PATCH PANEL(144 POSITION)RU-4 BID ITEM 0004 $6,000.00 $6,000.00
15 2 EA FIBER OPTIC PATCH PANEL(144 POSITION)RU-5 BID ITEM 0005 $6,000.00 $12,000.00
16 2 EA FIBER OPTIC PATCH PANEL(24 POSITION) BID ITEM 0006 $6,000.00 $12,000.00
SUBTOTAL $291,215.75
10%CONTINGENCY $29,121.58
PROJECT TOTAL $320,337.33
Note:Splice Enclosure cost includes 96 splices at$30 per splice.Poli-Mod Patch and Splice Module cost includes 12 splices at$30 per splice
In providing Opinions of Probable Construction Cost,the Client understands that the Consultant has no control over the cost or availability of labor,equipment or materials,or over
market conditions or the Contractor's method of pricing,and that the Consultant's estimates of probable construction costs are made on the basis of the Consultant's professional
judgment and experience.The Consultant makes no warranty,express or implied,that the bids or the negotiated cost of the Work will not vary from the Consultant's estimate of
probable construction cost.
4�iot i
17,0' FIBER BACKBONE-PEARLAND PARKWAY(OILER DR TO JOHN LIZER TO CITY HALL)
J''' i )r s°a; CITY PROJECT NUMBER:FA1901 CobbFendley
�`� s , BID NUMBER 0319-30
� c x n
OPINION OF PROBABLE CONSTRUCTION COST GENERATED BY: KFR
DATE: 4/1/2019
Quantity UOM Description Spec Reference Unit Price Total Amount
Base Bid Site Preparation&
Earthwork
1 1 LS MOBILIZATION(MAXIMUM 3%) 1505 3% $10,056.45
2 1 LS TRAFFIC CONTROL AND REGULATION 1555 1% $3,352.15
Base Bid Signalization
3 90 LF MULTI-DUCT CONDUIT(RMC 4"W/4-1"INNER DUCTS) TxDOT-618 $20.00 $1,800.00
4 7,650 LF MULTI-DUCT CONDUIT(HDPE 4"W/4-1"INNER DUCTS)(BORED) TxDOT-618 $20.00 $153,000.00
(ORANGE)
5 28 EA GROUND BOX TY 2(243636)W/APRON TxDOT-624 $1,500.00 $42,000.00
6 1 EA FIELD ETHERNET SWITCH BID ITEM 0001 $3,000.00 $3,000.00
7 34 EA POLI-MOD PATCH AND SPLICE MODULE BID ITEM 0002 $860.00 $29,240.00
8 4,180 LF FIBER OPTIC CBL(SNGLE-MODE)(12 FIBER) TxDOT-6007 $4.00 $16,720.00
9 17,850 LF FIBER OPTIC CBL(SNGLE-MODEX96 FIBER) TxDOT-6007 $4.50 $80,325.00
10 32 EA FIBER OPTIC CABLE ROAD MARKER TxDOT-6007 $200.00 $6,400.00
11 1 EA BBU SYSTEM(EXTERNAL BATT CABINET)-CABINET/POWER BID ITEM 0003 $1,000.00 $1,000.00
SOURCE ONLY-FOR FIBER SYSTEM USE
12 1 EA FIBER OPTIC PATCH PANEL(144 POSITION)RU-4 BID ITEM 0004 $865.00 $865.00
13 1 EA FIBER OPTIC PATCH PANEL(144 POSITION)RU-5 BID ITEM 0005 $865.00 $865.00
14 2 EA FIBER OPTIC PATCH PANEL(24 POSITION) BID ITEM 0006 $600.00 $1,200.00
15 8 EA CORNING EDGE SPLICE CASSETTE SM BID ITEM 0007 $250.00 $2,000.00
SUBTOTAL $349,823.60
10%CONTINGENCY $34,982.36
PROJECT TOTAL $384,805.96
In providing Opinions of Probable Construction Cost,the Client understands that the Consultant has no control over the cost or availability of labor,equipment or materials,or over
market conditions or the Contractor's method of pricing,and that the Consultant's estimates of probable construction costs are made on the basis of the Consultant's professional
judgment and experience.The Consultant makes no warranty,express or implied,that the bids or the negotiated cost of the Work will not vary from the Consultant's estimate of
probable construction cost.
CITY OF PEARLAND ADDENDUM
Section 00900
ADDENDUM NO.#02
Date: 04-03-2019
PROJECT: Dixie Farm Farm Road(FM 518 to Longwood Treatment Plant) COP PN: FA1802
Old Alvin Rd Widening(Fiber Optic Network Connectdion Plan) COP PN: T20001
Faiber Backbone -Pearland Parkway (Oilr Dr to John Lizer to CIty Hall) COP PN: FA1901
BID NO.: 0319-30
BID DATE: 2:00 p.m., April 9, 2019
FROM: Karl F. Rothermel. P.E., PTOE
Project Manager
Cobb, Fendley&Associates, Inc.
1920 Country Place Parkway, Suite 310
Pearland, TX 77584
To: Prospective Bidders and Interested Parties
This addendum forms a part of the bidding documents and will be incorporated into the Contract
Documents, as applicable. Insofar as the original Contract Documents, Specifications, and
Drawings are inconsistent, this Addendum shall govern. Please acknowledge receipt of this
Addendum on the Bid Proposal form, Section 00300 submitted to the City of Pearland. FAILURE
TO ACKNOWLEDGE RECEIPT OF ADDENDA ON THE BID PROPOSAL FORM MAY
BE CAUSE FOR DISQUALIFICATION.
CONTRACT DOCUMENTS:
Questions:
1. If we do not have a business address in the City of Pearland limits, do we need to submit the
local bidder preference form? Yes; if the form is not applicable, write "N/A" on the form.
2. If we do not have a relationship with a government officer, do we need to submit the CIQ
form? Yes; if the form is not applicable, write "N/A" on the form.
3. The RFP states the City of Pearland is providing the field Ethernet switch, do we need to
install,test and turn up this switch? Contractor will delivery factory fiber roll test and test results
after fiber is installed and terminated. City will install switch at later date.
l }
4. Can we install rolled 4"HDPE, then install the 1"irmerducts in the 4" conduit? Yes, must be
in orange in color.
2-22-12 00900- 1 of 2
CITY OF PEARLAND ADDENDUM
5. Is there a certain color for the 1"innerducts? Each innerduct must be a different color for a
total of 4.
SPECIFICATIONS:
N/A
CONSTRUCTION DRAWINGS:
N/A
END OF ADDENDUM NO. #02
•
Karl F. Rothermel, P.E., PTOE ®PSE of tfo
Cobb, Fendley&Associates, Inc. boy...._ � .siel�
KARL F.ROTHERMEL1
ofp; 116355 4,•s
CENs
450 oiac�?=
4/3/2019
2-22-12 00900-2 of 2
CITY OF PEARLAND TECHNICAL SPECIFICATIONS DIVISION 1
TECHNICAL SPECIFICATIONS
DIVISION 1
GENERAL REQUIREMENTS
04/2008
Section 01100
SUMMARY OF WORK
1.0 GENERAL
1.1 SECTION INCLUDES
A A summary of the Work to be performed under this Contract, work by Owner,
Owner furnished products, Work sequence, future Work, Contractor's use of
Premises, and Owner occupancy.
1.2 WORK COVERED BY CONTRACT DOCUMENTS
A The Dixie Farm Road project will create a new fiber optic connection between the City's
network connection at the intersection of Dixie Farm Road and FM 518 (E Broadway Street)
and the Wastewater Treatment Facility along Dixie Farm Road and two traffic controller
cabinets along Dixie Farm Road. The fiber optic connection will carry 96-strand single mode
fiber from the traffic controller cabinet at the Dixie Farm Road and FM 518 intersection to
the treatment plant and a 12-strand single mode fiber to connect the existing traffic signal
cabinets at the McGinnis Drive and McDonald Drive intersections along Dixie Farm Road
via 4"HDPE with 4-1" inner ducts.
The Old Alvin Road project will create a new fiber optic connection between the City's
network connection at the Alice water tower control building and the new Fire Station #1
location at the intersection of McHard Road and Old Alvin Road. The fiber optic connection
will carry 96-strand single mode fiber the entire project length of 2,600 feet via 4" HDPE
with 4-1" inner ducts.
The Pearland Parkway project will begin at the intersection of Oiler Drive and Pearland
Parkway then travels north to Liberty Drive (Independence Park entrance). At Liberty Drive,
the network will branch north to the intersection of John Lizer and Pearland Parkway and go
the northeast along Liberty Drive (and through Independence Park)to the Pearland City Hall.
The John Lizer network connection will carry a 96-strand single mode fiber from the traffic
controller cabinet at the Oiler Drive and Pearland Parkway intersection to City Hall via 4"
HDPE with 4-1" inner ducts. A 12-strand single mode fiber will be carried from the Oiler
Drive and Pearland Parkway intersection to the traffic controller cabinet at the intersection of
John Lizer and Pearland Parkway via 4"HDPE with 4-1"inner ducts.
1.3 WORK BY OWNER
A Deleted
1.4 OWNER FURNISHED PRODUCTS
A Deleted
CITY OF PEARLAND SUMMARY OF WORK
05/2008 01100-2 of 2
1.5 WORK SEQUENCE
A See construction narrative in plans.
B Contractor to submit project schedule to Engineer&Owner for approval as
specified in Section 01350—Submittals.
C Contractor shall coordinate the Work with the Engineer and Owner as specified
in Section 01310 - Coordination and Meetings.
1.6 FUTURE WORK
A N/A
CITY OF PEARLAND SUMMARY OF WORK
05/2008 01100-2 of 2
1.7 CONTRACTOR'S USE OF PREMISES
A Comply with procedures for access to the site and Contractor's use of rights-of-way as
specified in Section 01140 - Contractor's Use of Premises.
B Contractor shall be responsible for all utilities required for construction.
1.8 OWNER OCCUPANCY
A Cooperate with the Owner to minimize conflict, and to facilitate the Owner's
operations. Coordinate Contractor's activities with Engineer.
B Schedule Work to accommodate this requirement.
2.0 PRODUCTS -NotUsed
3.0 EXECUTION-NotUsed
END OF SECTION
CITY OF PEARLAND SUMMARY OF WORK
05/2008 01100-2 of 2
CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES
Section 01140
CONTRACTOR'S USE OF PREMISES
1.0 GENERAL
1.1 SECTION INCLUDES
A General use of the Project Site including properties inside and outside of the limits of
construction, work affecting roads, ramps, streets and driveways and notification to
adjacent occupants.
B References to Technical Specifications:
1 Section 01350—Submittals
2 Section 01730—Cutting&Patching
3 Section 01555—Traffic Control &Regulation
4 Section 01562—Waste Material Disposal
5 Section 01720—Field Surveying
-6 Section 02980—Pavement Repair
7 Section 02770—Curbs, Curb &Gutter, &Headers
8 Section 02255 —Bedding, Backfill, &Embankment Materials
9 Section 02922—Sodding
10 Section 02921 —Hydromulch Seeding
1.2 SUBMITTALS
A Make Submittals required by this Section under the provisions of Section 01350 —
Submittals.
1.3 LIMITS OF CONSTRUCTION
A Confine access,operations,and storage areas to limits of construction as shown on the
Plans provided by Owner as stipulated in Section 00700 — General Conditions of
Agreement; trespassing on abutting lands or other lands in the area is not allowed.
B Contractor may make arrangements,at Contractor's cost,for temporary use of private
properties,in which case Contractor and Contractor's surety shall indemnify and hold
harmless the Owner against claims or demands arising from such use of properties
outside of the limits of construction.
1. Improvements to private properties made for the Contractor's use must be
removed upon completion of the Work.
a. No fill material may be placed in temporary work areas or on adjacent
private properties without the written permission of the Engineer or the
issuance of a Fill Permit by the City of Pearland or other governing
entity.
C Restrict total length which materials may be distributed along the route of the
construction at any one time to 1,000 linear feet unless otherwise approved by
Engineer.
02/2008 01140- 1 of 4
CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES
1.4 PROPERTIES OUTSIDE OF LIMITS OF CONSTRUCTION
A Altering the condition of properties adjacent to and along the limits of construction
will not be permitted unless authorized by the Engineer and property owner(s).
B Means,methods,techniques,sequences,or procedures which will result in damage to
properties or improvements in the vicinity outside of the limits of construction will not
be permitted.
C Any damage to properties outside of the limits of construction shall be repaired or
replaced to the satisfaction of the Engineer and at no cost to the Owner.
D Contractor shall protect or replace all property corners, monuments or other
demarcations disturbed, damaged or lost as a result of his activities. The
replacement of these devices shall be properly documented to the satisfaction of the
City by a Registered Public Land Surveyor with copies delivered to the Owner or
private property owner.
1.5 USE OF SITE
A Obtain approvals of governing authorities prior to impeding or closing public roads or
streets. Do not close consecutive intersections simultaneously.
B Notify Engineer 48 hours prior to closing a street or a street crossing. Permits for
street closures are required in advance and are the responsibility of the Contractor.
C Maintain access for emergency vehicles including access to fire hydrants.
D Avoid obstructing drainage ditches or inlets; when obstruction is unavoidable due to
requirements of the Work, provide grading and temporary drainage structures to
maintain unimpeded flow.
E Locate and protect private lawn sprinkler systems which may exist on rights-of-ways
within the Project Site. Repair or replace damaged systems to condition equal to or
better than that existing at start of the Work.
F When required by the Work, cutting, patching, and fitting of Work to existing
facilities,accommodating installation or connection of Work with existing facilities,or
uncovering Work for access, inspection, or testing shall be performed in accordance
with Section 01730—Cutting &Patching.
G Fires are not permitted on the Project Site.
1.6 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 orbusinesses.
02/2008 01140-2 of 4
CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES
B Include in notification names and telephone numbers of two representatives for
resident contact,who will be available on 24-hour call. Include precautions which will
be taken to protect private property and identify potential access or utility
inconvenience or disruption.
C Submit proposed notification to Engineer for approval. Consideration shall be given to
the ethnicity of the neighborhood where English is not the dominant language. Notice
shall be in an understandable language.
1.7 EXCAVATION IN STREETS AND DRIVEWAYS
A Avoid hindering or needlessly inconveniencing public travel on a street or any
intersecting alley or street for more than two blocks at any one time, except by
permission of the Engineer.
B Obtain the Engineer's approval when the nature of the Work requires closing of an
entire street. Permits required for street closure are the Contractor's responsibility.
Avoid unnecessary inconvenience to abutting property owners.
C Remove surplus materials and debris and open 1000 feet or less for public use as work
in that block is complete.
D Acceptance of any portion of the Work will not be based on return of street to public
use.
r
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 01555 —Traffic Control &
Regulation.
1.8 CLEAN-UP
A Maintain Project Site in a neat and orderlymanner.
B Perform daily clean-up in and around construction zone of dirt,debris,scrap materials,
other disposable items.
C Leave streets, driveways, and sidewalks broom-clean or its equivalent at the end of
each work day.
D Promptly remove barriers,signs,and components of other control systems that are no
longer being utilized.
E Dispose of waste and excess materials in accordance with requirements of Section
01562—Waste Material Disposal.
02/2008 01140-3 of 4
CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES
1.9 RESTORATION
A Restore damaged permanent facilities to pre-construction conditions unless
replacement or abandonment of facilities is indicated on the Plans.
B Repair/Replace removed or damaged pavement in accordance with Section 02980—
Pavement Repair and removed or damaged curbs,gutters, and headers in accordance
with Section 02770 — Curbs, Curb & Gutter, & Headers. Repair/Replace with like
materials to match existing style, lines, grades, etc., unless otherwise directed by
Engineer.
C Repair turf areas which become damaged by Contractor's operations at no additional
cost to Owner.
Level with bank sand or topsoil, conforming to Section 02255 —Bedding, Backfill, &
Embankment Materials, as approved by the Engineer.
Provide sodding in areas of residential land use over the surface of ground disturbed during
construction and not paved, or not designated to be paved, in accordance with
Section 02922— Sodding. Use only block sodding; do not use spot sodding or
sprigging
Provide hydromulch seeding in areas of commercial, industrial or undeveloped land use
over the surface of ground disturbed during construction and not paved, or not
designated to be paved, in accordance with Section 02921 —Hydromulch Seeding.
Water and level newly sodded areas with adjoining turf using steel wheel rollers
appropriate for sodding.
2.0 PRODUCTS - Not Used
3.0 EXECUTION - NotUsed
END OF SECTION
02/2008 01140-4 of 4
CITY OF PEARLAND MEASUREMENT AND PAYMENT PROCEDURES
Section 01200
I
MEASUREMENT AND PAYMENT PROCEDURES
1.0 GENERAL
1.1 SECTION INCLUDES
A Procedures for measurement and payment of Work.
B Conditions for nonconformance assessment and nonpayment for rejectedproducts.
C References to Technical Specifications: See Bid Proposal Sheet
D Reference Standards:
1. Concrete Reinforcing Steel Institute(CRSI)
2. American Institute of Steel Construction(AISC)
1.2 AUTHORITY
A Units and methods delineated in this Section are intended to complement the criteria of
the Technical Specifications and Section 00300—Bid Proposal.
B In the event of conflict, the unit specified for Bid Items in Section 00300 — Bid
Proposal shall govern.
C Measurements and quantities submitted by the Contractor will be verified by the
Engineer.
D Contractor shall provide necessary equipment, workers, and survey personnel as
required by Engineer to verify quantities.
1.3 UNIT QUANTITIES SPECIFIED
A Quantity and measurement estimates stated in Section 00300—Bid Proposal 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 Section
00700—General Conditions of Agreement.
B If the actual Work requires greater or lesser quantities than those quantities indicated in
Section 00300 — Bid Proposal, provide the required quantities at the unit prices
contracted except as otherwise stated in Section 00700 — General Conditions of
Agreement or in executed Change Order.
1.4 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.
05/2007 01200- 1 of 3
CITY OF PEARLAND MEASUREMENT AND PAYMENT PROCEDURES
B Measurement by Volume:
1. Stockpiles: Measured by cubic dimension using mean length, width, and
height or thickness.
2. Excavation and Embankment Materials: Measured by cubic dimension
using the average end area method.
C Measurement by Area: Measured by square dimension using mean length and width or
radius.
D Linear Measurement: Measured by linear dimension, at the item centerline or mean
chord.
E Stipulated Price Measurement: By unit designated in the agreement.
F Other: Items measured by weight, volume, area, or lineal means or combination, as
appropriate, as a completed item or unit of the Work.
1.5 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. The price
bid shall include the total cost for required Work. Claims for payment as Unit Price
Work not specifically covered in Section 00300—Bid Proposal will not be accepted.
B Progress Payments for Unit Price Work will be based on the Engineer's observations
and evaluations of quantities incorporated in the Work multiplied by the unitprice.
C Progress Payments for Lump Sum Work will be based on the Engineer's observations
and evaluations of the percentage of quantities included in the schedule of values
incorporated in the Work.
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.
E All fiber optic splices are incidental to the unit cost of splice enclosures and patch
panels. Unit costs of those items should incorporate the labor and materials
necessary to splice and/or terminate the individual fiber optic strands.
1.6 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 the 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 the Engineer.
2. The nonconforming Work will be modified as authorized by the Engineer,
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CITY OF PEARLAND MEASUREMENT AND PAYMENT PROCEDURES
and the unit price will be adjusted to a lower price at the discretion of the
Engineer, if the modified Work is deemed to be less suitable than originally
specified.
C Individual Technical Specifications may modify these options or may identify a
specific formula or percentage price reduction.
D The authority of the Engineer to assess the nonconforming Work and identifypayment
adjustment is final.
1.7 NONPAYMENT FOR REJECTED PRODUCTS
A Payment will not be made for any of the following:
1. Products wasted or disposed of in a manner that is not acceptable to
Engineer.
2. Products determined as nonconforming before or afterplacement.
3. Products not completely unloaded from transportingvehicle.
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 rejectedproducts.
2.0 PRODUCTS - NotUsed
3.0 EXECUTION - NotUsed
END OF SECTION
05/2007 01200-3 of 3
CITY OF PEARLAND CHANGE ORDER PROCEDURES
Section 01290
CHANGE ORDER PROCEDURES
1.0 GENERAL
1.1 SECTION INCLUDES
A Procedures for processing Change Orders,including:
1. Assignment of a responsible individual for approval and communication of
changes in the Work;
2. Documentation of change in Contract Price and Contract Time;
3. Change procedures, using proposals and construction contract
modifications, Work Change Directive, Stipulated Price Change Order,Unit
Price Change Order, Time and Materials Change Order;
4. Execution of Change Orders;
5. Correlation of Contractor Submittals.
B References to Technical Specifications:
1. Section 01350—Submittals
2. Section 01760—Project Record Documents
C Other References:
1. 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.
1.2 SUBMITTALS
A Make Submittals required by this Section under the provisions of Section 01350 —
Submittals.
1.3 RESPONSIBLE INDIVIDUAL
A Contractor shall provide a letter indicating the name and address of the individual
authorized to execute change documents, and who shall also be responsible for
informing others in Contractor's employ and Subcontractors of changes to the Work.
The information shall be provided at the Preconstruction Conference.
1.4 DOCUMENTATION OF CHANGE IN CONTRACT PRICE AND CONTRACT
TIME
A Provide full information required for identification and evaluation of proposed
changes, and to substantiate costs of proposed changes in the Work.
B Contractor shall document each Proposal for Change in cost or time with sufficient
data to allow for its evaluation.
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CITY OF PEARLAND CHANGE ORDER PROCEDURES
C Proposal for Change shall include, as a minimum, the following information as
applicable:
1. Original Quantities of items in Section 00300—Bid Proposal with additions,
reductions, deletions, and substitutions.
2. When Work items were not included in Section 00300—Bid Proposal,
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 Section 00700—General Conditions of
Agreement, 7.03 "Extra Work".
4. Dates and times work was performed, and bywhom.
5. Time records and certified copies of applicablepayrolls.
6. Invoices and receipts for products, rented equipment, and subcontracts,
similarly documented.
E Rented equipment will be paid to the Contractor by actual invoice cost for the duration
of time required to complete the extra work. If the extra work comprises only a
portion of the rental invoice where the equipment would otherwise be on the site,the
Contractor shall compute the hourly equipment rate by dividing the actual monthly
invoice by 176. (One day equals 8 hours and one week equals 40 hours.) Operating
costs shall not exceed the estimated operating costs given for the item of equipment in
the Blue Book.
F For changes in the work performed on a time-and-materials basis using Contractor-
owned equipment, compute rates with the Blue Book as follows:
1. Multiply the appropriate Rental Rate by an adjustment factor of 70 percent
plus the full rate shown for operating costs. The Rental Rate utilized shall
be the lowest cost combination of hourly, daily, weekly or monthly rates.
Use 150 percent of the Rental Rate for double shifts (one extra shift perday)
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.
1.5 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 such changes will be in
accordance with the requirements of Section 00700 — General Conditions of
Agreement, 7.01 "Change Orders".
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CITY OF PEARLAND CHANGE ORDER PROCEDURES
B The Engineer will advise Contractor of Minor Changes in the Work not involving an
adjustment to Contract Price or Contract Time as authorized by Section 00700 —
General Conditions of Agreement, 7.02 "Minor Changes", by issuing supplemental
instructions.
C Contractor may request clarification of Plans, Technical 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.
1.6 PROPOSALS FOR CHANGE AND CONTRACT MODIFICATION
A The Engineer may issue a- Request for Proposal,which includes a detailed description
of a proposed change with supplementary or revised Plans and Technical
Specifications.The Engineer may also request a proposal in the response to a Request
for Information. Contractor will prepare and submit its Proposal for Change within 7
days or as specified in the request.
B The Contractor may propose an unsolicited change by submitting a Proposal for
Change 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.
1.7 WORK CHANGE DIRECTIVE
A Engineer may issue a signed Work Change Directive instructing the Contractor to
proceed with a change in the Work, for subsequent inclusion in a Change Order.
B The document will describe changes in the Work and will designate a method of
determining any change in Contract Price or Contract Time.
C Contractor shall proceed promptly to execute the changes in the Work in accordance
with the Work Change Directive.
1.8 STIPULATED PRICE CHANGE ORDER
A A Stipulated Price Change Order will be based on an accepted Proposal for Change
including the Contractor's lump sum price quotation.
1.9 UNIT PRICE CHANGE ORDER
A Where Unit Prices for the affected items of the Work are included in Section 00300 -
Bid Proposal, the Unit Price Change Order will be based on unit prices as originally
bid, subject to provisions of Section 00700—General Conditions ofAgreement.
B Where unit prices of the Work are not pre-determined in Section 00300 — Bid
Proposal, Work Change Directive or accepted Proposal for Change will specify the
unit prices to be used.
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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 Section 00700—General Conditions
of Agreement.
B Engineer will determine the change allowable in Contract Price and Contract Time as
provided in Section 00700—General Conditions of Agreement.
C Contractor shall maintain detailed records of work done on time-and-material basis as
specified in this Section, 1.04 "Documentation of Change in Contract Price and
Contract Time".
D Contractor shall provide full information required for evaluation of changes,and shall
substantiate costs for changes in the Work.
1.11 EXECUTION OF CHANGE DOCUMENTATION
A Engineer will issue Change Orders, Work Change Directives, or accepted Proposals
for Change for signatures of parties named in Section 00500 — Standard Form of
Agreement.
1.12 CORRELATION OF CONTRACTOR SUBMITTALS
A For Stipulated Price Contracts, Contractor shall promptly revise Schedule of Values
and Application for Payment forms to record each authorized Change Order as a
separate line item and adjust the Contract Price.
B For Unit Price Contracts,the next monthly Application for Payment of the 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 Plans,
Technical Specifications or Contract Documents as required in Section 01760 —
Project Record Documents.
2.0 PRODUCTS - Not Used
3.0 EXECUTION - NotUsed
END OF SECTION
02/2008 01290-4 of 4
CITY OF PEARLAND COORDINATION AND MEETINGS
Section 01310
COORDINATION AND MEETINGS
1.0 GENERAL
1.1 SECTION INCLUDES
A Section includes general coordination including Preconstruction Conference, Site
Mobilization Conference, and Progress Meetings.
B References to Technical Specifications:
1. Section 01100—Summary of Work
1.2 RELATED DOCUMENTS
A Coordination is required throughout the documents. Refer to all of the Contract
Documents and coordinate as necessary.
1.3 ENGINEER AND REPRESENTATIVES
A The Engineer may act directly or through designated representatives as defined in
Section 00700 — General Conditions of Agreement, 1.01 "Owner, Contractor, and
Engineer", and as identified by name at the Preconstruction Conference.
1.4 CONTRACTOR COORDINATION
A Coordinate scheduling,submittals,and work of the various Technical Specifications to
assure efficient and orderly sequence of installation of interdependent construction
elements.
B Coordinate completion and clean up of the Work for Substantial Completion and for
portions of the Work designated for Owner's partial occupancy.
C Coordinate access to Project Site for correction of nonconforming work to minimize
disruption of Owner's activities where Owner is in partial occupancy.
1.5 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 to the Contract, andthe
Consultant.
3. Review of insurance.
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CITY OF PEARLAND COORDINATION AND MEETINGS
4. Discussion of formats proposed by the Contractor for Schedule ofValues,
and Construction Schedule.
5. Discussion of required Submittals, including, but not limited to, Work
Plans, Traffic Control Plans, Safety Programs, ConstructionPhotographs.
6. Procedures and processing of Shop Drawings and other submittals,
substitutions,Applications for Payment, Requests for Information,Request
for Proposal, Change Orders, and Contract Closeout.
7. Scheduling of the Work and coordination with other contractors.
8. Review of Subcontractors.
9. Appropriate agenda items listed in this Section, 1.06 "Site Mobilization
Conference", when Preconstruction Conference and Site Mobilization
Conference are combined.
10. Procedures for testing.
11. Procedures for maintaining Project Record Documents.
12. Designation of the individual authorized to execute change documents and
their responsibilities.
13. Discussion of requirements of a Trench SafetyProgram.
1.6 SITE MOBILIZATION CONFERENCE
A When required by Section 01100—Summary of Work, Engineer will schedule a Site
Mobilization Conference at the Project Site prior to Contractor occupancy.
B Attendance Required: Engineer representatives, Consultants, Contractor's
Superintendent, and major Subcontractors.
C Agenda:
1. Use of premises by Owner and Contractor
2. Safety and first aid procedures
3. Construction controls provided by Owner
4. Temporary utilities
5. Survey and layout
6. Security and housekeeping procedures
1.7 PROGRESS MEETINGS
A Progress Meetings shall be held at Project Site 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 City's representative will make arrangements for meetings,and recording
minutes.
D Engineer or City's representative will prepare the agenda and preside at meetings.
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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 meeting.
2. Review of Construction Schedule, Applications for Payment,payroll and
compliance submittals.
3. Field observations, problems, and decisions.
4. Identification of problems which impede plannedprogress.
5. Review of Submittal Schedule and status of submittals.
6. Review status of Requests for Information, Requests for Proposal.
7. Review status of Change Orders.
8. Review of off-site fabrication and delivery schedules.
9. Maintenance of updates to Construction Schedule.
10. Corrective measures to regain projected schedules.
11. Planned progress during succeeding work period.
12. Coordination of proj ected progress.
13. Maintenance of quality and work standards.
14. Effect of proposed changes on Construction Schedule and coordination.
15. Other items relating to the Work.
2.0 PRODUCTS - Not Used
3.0 EXECUTION - NotUsed
END OF SECTION
02/2008 01310-3 of 3
CITY OF PEARLAND SUBMITTALS
Section 01350
17—
SUBMITTALS
1.0 GENERAL
This Section contains general lists of Submittals and Technical Specifications that may be
required for the Work. When Submittals are required elsewhere in these Technical
Specifications,refer to this Section for Submittal requirements and procedures.
1.1 SECTION INCLUDES
A Submittal procedures for:
1. Schedule of Values
2. Construction Schedules
3. Shop Drawings, Product Data, and Samples
4. Operations and Maintenance Data
5. Manufacturer's Certificates
6. Construction Photographs
7. Project Record Documents
8. Design Mixes
B References to the following Technical Specifications:
1. Section 01310—Coordination&Meetings
2. Section 01630—Product Options &Substitutions
3. Section 01100—Summary of Work
4. Section 01380—Construction Photographs
5. Section 01760—Project Record Documents
6. Section 02530—Gravity SanitarySewers
1.2 SUBMITTAL PROCEDURES
A Scheduling and Handling
1. Schedule Submittals well in advance of the need for 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 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 Plans,Technical
( �• Specifications, and dimensions which 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
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CITY OF PEARLAND SUBMITTALS
submittals in no way relieves the Contractor from his obligation to furnish
required items according to the Plans and Technical Specifications.
4. Submit 5 copies of documents unless otherwise specified in this Section or by
individual Technical Specifications.
5. Revise and resubmit submittals as required. Identify all changes made since
previous submittal.
6. The Contractor shall assume the risk for material or equipment which is
fabricated or delivered prior to approval. No material or equipment shall be
incorporated into the Work or included in Applications for Payment until
approval has been obtained in the specified manner.
B Transmittal Form andNumbering
1. Transmit each submittal to the Engineer with a transmittal form.
2. Sequentially number each transmittal form beginning with the number 1. Re-
Submittals shall use the original number with an alphabetic suffix(i.e.,2A for
first Re-Submittal of Submittal 2 or 15C for third Re-Submittal 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 video tapes, see this Section, 1.10"Video".
C Contractor's Certification
1. 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.
1.3 SCHEDULE OF VALUES
A Submit a Schedule of Values at least 10 days prior to the first Application for Payment.
A Schedule of Values shall be provided for each of the items indicated as Lump Sum
(LS) in Section 00300 — Bid Proposal for which the Contractor requests to receive
Progress Payments.
B Schedule of Values shall be typewritten on 8-1/2"x 11",plain bond,white paper. Use
the Table of Contents of this Project Manual as a format for listing costs of Work by
Section.
C Round off figures for each listed item to the nearest $100.00 except for the value of
one item, if necessary, to make the total price for all items listed in the Schedule of
Values equal to the applicable Lump Sum in Section 00300—BidProposal.
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.
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CITY OF PEARLAND SUBMITTALS
E For Lump Sum equipment items, where Submittals for Testing, Adjusting, and
Balancing Reports in conjunction with Operation and Maintenance Data are required,
include a separate item for equipment Operation and Maintenance Data Submittals and
a separate item for Submittals of equipment Testing, Adjusting, and Balancing
Reports, each valued at five (5)percent of the Lump Sum.
F Revise the Schedule of Values and resubmit for items affected by contract
modifications, Change Orders,and Work Change Directives. Submit revised Schedule
of Values 10 days prior to the first Application for Payment after the changes are
approved by the Engineer.
1.4 CONSTRUCTION SCHEDULES
A Submit Construction Schedules for the Work in accordance with the requirements of
this Section. The Construction Schedule Submittal shall be,at a minimum,a bar chart,
(computer generated or prepared manually)and a narrative report.
B During the Preconstruction Meeting, as noted in Section 01310 - Coordination and
Meetings, the Contractor shall provide a sample of the format to be used for the
Construction Schedule Submittal. The format is subject to approval by the Engineer.
Review of the Submittal will be provided within 7 days of the Submittal of the sample.
C Within 7 days of the receipt of approval of the Contractor's format, or 14 days of the
(, Notice to Proceed, whichever is later, the Contractor shall submit a proposed
Construction Schedule for review. The Construction Schedule Submittal shall meet
the following requirements:
1. The Construction Schedule shall usually include a total of at least 20 but not
more than 50 activities. Fewer activities may be accepted, if approved bythe
Engineer.
2. For Projects with work at different physical locations,each location should be
indicated separately within the Construction Schedule.
3. For projects with multiple crafts or significant subcontractor components,these
elements should be indicated separately within the Construction Schedule.
4. For Projects with multiple types of tasks within the scope,these types of work
should be indicated separately within the Construction Schedule.
5. For Projects with significant major equipment items or materials worth over 25
percent of the Total Contract Price, the Construction 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
Construction Schedule and must be agreed to by the Engineer prior to starting
work in the area.
7. A Billing Schedule(tabulation of the estimated monthly billings)for the Work
shall be prepared and submitted by the Contractor with the first Construction
% Schedule. This information is not required in the monthly updates, unless
significant changes in Work require re-submittal of the Construction Schedule
for review. The total for each month and a cumulative total will be indicated.
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CITY OF PEARLAND SUBMITTALS
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 Section 00700 - General Conditions ofAgreement.
D The Contractor must receive approval of the Engineer for the Construction Schedule
and Billing Schedule 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 andschedule.
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 Construction Schedule shall be required before
the monthly Application for Payment will be processed for payment.
G The narrative Construction Schedule Report shall include a description of changes
made to the Construction Schedule; Activities Added to the Construction Schedule;
Activities Deleted from the Construction Schedule; any other changes made to the
Construction Schedule other than the addition of Actual Start Dates and Actual Finish
Dates and Remaining Durations.
1.5 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES
A Shop Drawings
1. Submit Shop Drawings for review as required by the Technical Specifications.
2. Contractor's Certification, as described in this Section, 1.02 "Submittal
Procedures" shall be placed on each Shop Drawing.
3. The Shop Drawing shall accurately and distinctly present the following:
a. Field and erection dimensions clearly identified assuch.
b. Arrangement and section views.
c. Relation to adjacent materials or structure including complete
information for making connections between work under this Contract
and work under other contracts.
d. Kinds of materials and finishes.
e. Parts list and descriptions.
f. Assembly Shop Drawings of equipment components and accessories
showing their respective positions and relationships to the complete
equipment package.
g. Where necessary for clarity, identify details by reference to sheet
numbers and detail numbers, schedule or room numbers as shown on
the Plans.
4. Shop Drawing Drawings shall be to scale,and shall be a true representation of
the specific equipment or item to be furnished.
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CITY OF PEARLAND SUBMITTALS
B Product Data
~` 1. Submit Product Data for review when required in individual Technical
Specifications.
2. Contractor's Certification, as described in this Section, 1.02 "Submittal
Procedures" shall be placed on each data item submitted.
3. Mark each copy to identify applicable products,models,options to be used in
this Project. Supplement manufacturers'standard data to provide information
unique to this Project, where required by the Technical Specification.
4. For products specified only by reference standard,submit manufacturer,trade
name,model or catalog designation,and applicable reference standard.
5. For Approved Products, those designated in the Technical Specifications
followed by the words"or approved equal",submit manufacturer,trade name,
model or catalog designation, and applicable reference standard.
6. For products proposed as alternates to Approved Products, refer to Section
01630-Product Options and Substitutions, 1.04"Selection Options"and 1.07
"Substitution Procedures".
7. For products that are neither Pre-Approved, Approved, specified only by
reference standard, nor proposed as alternates, submit product description,
trade name, manufacturer, and supplier. Contractor shall provide additional
information upon written request by Engineer orOwner.
C Samples
1. Submit samples for review as required by the Technical Specification.
2. Contractor's Certification, as described in this Section, 1.02 "Submittal
Procedures", shall be placed on each sample or a firmly attached sheet of
paper.
3. Submit the number of samples specified in the Technical Specification;one of
which will be retained by the Engineer.
4. Reviewed samples which may be used in the Work are identified in the
Technical Specifications.
1.6 OPERATIONS AND MAINTENANCE DATA
A When specified in Technical Specification, submit manufacturers'printed instructions
for delivery, storage, assembly, installation, start-up, operation, adjusting, finishing,
and maintenance.
B Contractor's Certification, as described in this Section. 1.02"Submittal Procedures",
shall be placed on front page of each document.
C Identify conflicts between manufacturers'instructions and Contract Documents.
1.7 MANUFACTURER'S CERTIFICATES
A When specified in Technical Specification, submit manufacturers' certificate of
compliance for review byEngineer.
B Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures",
shall be placed on front page of the certificate.
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CITY OF PEARLAND SUBMITTALS
C Submit supporting reference data,affidavits,and certifications as appropriate.
D Manufacturer's Certificates may be recent or previous test results on material or
product, but must be acceptable to Engineer.
1.8 CONSTRUCTION PHOTOGRAPHS
A Submit photographs in accordance with Section 01380—ConstructionPhotographs.
1. Prints: Prepare 2 prints of each view and submit 1 set of prints directly to the
City's Representative within 7 days of taking photographs. One set of prints
shall be retained by the Contractor and made available at all times for reference
on the job site.
B PRECONSTRUCTIONPHOTOGRAPHS:
1. Prior to the commencement of any construction,take digital color photographs
on the entire route of the project
2. Photographs: May be stored on electronic media(CD-ROM or flash drive).
3. The photographs shall show:
a. Date photographs were taken
b. An index of the photo will be provided which will contain the
location of the photograph, house number and street name.
4. Photographs should show the condition of the following
a. Esplanades and boulevards-
b. Yards (near, side and far side ofstreet)
c. Housewalk, sidewalk and driveway;curb
d. Area between walk and curb
1) Particular features (yard lights,shrubs,fences,trees,etc.)
2) Landscaping and decorative features.
C POST CONSTRUCTIONPHOTOGRAPHS
1. On completion of construction,provide photographs of any public or private
property which has been repaired or restored and any damage which is or may
be the subject of complaints.
1.9 PROJECT RECORD DOCUMENTS
A Submit Project Record Documents in accordance with Section 01760—Project Record
Documents.
1.10 VIDEO
A Submit television video in DVD format as required in individual Technical
Specifications.
B Transmittal forms for video disks shall be numbered sequentially beginning with TO 1,
T02, T03, etc.
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CITY OF PEARLAND SUBMITTALS
1.11 DESIGN MIXES
A When specified, submit design mixes for review.
B Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures",
shall be placed on front page of each designmix.
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 - NotUsed
3.0 EXECUTION - Not Used
END OF SECTION
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CITY OF PEARLAND CONSTRUCTION PHOTOGRAPHS
Section 01380
CONSTRUCTION PHOTOGRAPHS
1.0 GENERAL
1.1 SECTION INCLUDES
A Requirements for construction photographs and submittals.
B References Technical Specifications:
1. Section 01100—Summary of Work
2. Section 01350—Submittals
1.2 MEASUREMENT AND PAYMENT
A Unless indicated as a Bid Item, no separate payment will be made for Construction
Photographs under this Section. Include cost in Bid Items for installed Work.
1.3 SUBMITTALS
A When required by Section 01100 — Summary of Work, submit photographs in
accordance applicable provisions of this Section.
B Make Submittals required by this and related Sections under the provisions of Section
01350—Submittals.
C Prepare three(3)prints of each view and submit two(2) prints directly to the Project
Manager within seven(7)days of taking photographs. One(1)print shall be retained
by the Contractor in the field office at the Project Site and available at all times for
reference.
D When requested by the Project Manager, the Contractor shall submit extra prints of
photographs, for distribution directly to designated parties who will pay the costs for
the extra prints directly to the photographer.
E When required by individual Sections, submit photographs taken prior to start of the
Work to show original Project Site conditions.
F When required by Contract Documents, submit photographs with Application for
Payment.
G When required by individual Sections,submit photographs taken following completion
of the Work to show the condition in which the Project Site will beleft.
H With each submittal,include photographic negatives in protective envelopes,identified
by Project Name, Contractor, and date photographs were taken.
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CITY OF PEARLAND CONSTRUCTION PHOTOGRAPHS
1.4 QUALITY ASSURANCE
A Contractor shall be responsible for the timely execution of the photographs, their
vantage point, direction of shot, and quality.
2.0 PRODUCTS
2.1 PHOTOGRAPHS
A Photographs shall be digital quality and shall be submitted on aCD.
B The photographs shall show on anon-elective chalkboard or white board,readable in
the photograph:
1. Job number.
2. Date and time photographs were taken.
3. Location of the photograph,house number and street,along with the project
number.
C Indicate the condition of the following:
1. Esplanades and boulevards.
2. Yards (near side and far side ofstreet).
3. House-walk and sidewalk.
4. Curb.
5. Area between walk and curb.
6. Particular features(yard lights, shrubs,fence,trees, etc.).
7. Date shall be on negative.
8. Provide notation of vantage point marked for location and direction ofshot
on a key plan of the Project Site.
D Sufficient number of photographs shall be taken to show the existence or non-
existence of cracked concrete and the condition of trees, shrubs andgrass.
E Identify each photograph with an index document with the following information:
1. Name of the Project.
2. Name and address of the photographer(if a professional photographeris
used).
3. Name of the contractor.
4. Date the photograph was taken.
5. Photographs and index should correspond for easy access andviewing.
3.0 EXECUTION
3.1 PRECONSTRUCTION PHOTOGRAPHS
A Prior to the commencement of the Work, take photographs of the entire route of the
Project Site.
4
10/2017 01380-2of3
CITY OF PEARLAND CONSTRUCTION PHOTOGRAPHS
3.2 POST-CONSTRUCTION PHOTO GRAPHS
�1
A Following the completion of the Work, take photographs from corresponding
vantage points and direction of shots.
3.3 PROGRESS PHOTOGRAPHS
A Take photographs at intervals, coinciding with the cutoff date associated with each
Application for Payment and submit on CD with monthly Application for Payment.
B Select the vantage points for each shot each month to best show the status of
construction and progress since the last photographs were taken. Take not less than
two (2) shots from the same vantage point creating a time-lapsed sequence.
C Follow direction when given by the Project Manager in selecting vantage points.
END OF SECTION
10/2017 01380-3 of 3
CITY OF PEARLAND REFERENCED STANDARDS
Section 01420
REFERENCED STANDARDS
1.0 GENERAL
1.1 SECTION INCLUDES
A General quality assurance as related to Reference Standards and a list of references.
B References to Technical Specifications: None
1.2 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 Section
00700—General Conditions of Agreement.
C Request clarification from Engineer before proceeding should specified reference
standards conflict with Contract Documents.
1.3 SCHEDULE OF REFERENCES
AASHTO American Association of State Highway andTransportation 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
02/2008 01420- 1 of 5
CITY OF PEARLAND REFERENCED STANDARDS
AISC American Institute of Steel Construction }
400 North Michigan Avenue, Eighth Floor
Chicago, IL 60611
AISI American Iron and Steel Institute
1000 16th Street,N.W.
Washington, DC 20036
ASME American Society ofMechanical 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
02/2008 01420-2 of 5
CITY OF PEARLAND REFERENCED STANDARDS
CLFMI Chain Link Fence Manufacturers Institute
1101 Connecticut Avenue,N.W.
Washington, DC 20036
CRD U.S.A. Corps of Engineers
Code of Ordinances
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
CRSI Concrete Reinforcing Steel Institute
933 Plum Grove Road
Schaumburg, IL 60173-4758
EJMA Expansion Joint Manufacturers Association
707 Westchester Avenue
White Plains,NY 10604
FDA U.S. Food and Drug Administration
5600 Fisher Lane
Rockville, MD 20857-0001
FS Federal Standardization Documents
General Services Administration, Specifications Unit(WFSIS)
7th and D Street 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 Street S.W.
Washington, DC 20406
NACE National Association of Corrosion Engineers
P. O. Box 986
`v r
Katy, TX 77450
02/2008 01420-3 of 5
CITY OF PEARLAND REFERENCED STANDARDS
NEMA National Electrical Manufacturers'Association
2101 L Street,N.W., Suite 300
Washington, DC 20037
NFPA National Fire Protection Association
Batterymarch Park, P.O. Box 9101
Quincy, MA 02269-9101
OSHA Occupational Safety Health Administration
U.S. Department of Labor, Government Printing Office
Washington, DC 20402
PCA Portland Cement Association
5420 Old Orchard Road
Skokie, IL 60077-1083
PCI Prestressed Concrete Institute
201 North Wacker Drive
Chicago, IL 60606
SDI Steel Deck Institute
Box 9506
Canton, OH 44711
SSPC Steel Structures Painting Council
4400 Fifth Avenue
Pittsburgh, PA 15213
TAC Texas Administrative Code
TCEQ Texas Commission on Environmental Quality
P. O. Box 13087
Austin, TX 78711-3087
TxDOT Texas Depai tment of Transportation
125 East 11th Street
Austin, TX 78701-2483
Texas MUTCD Texas Manual on Uniform Traffic Control Devices(2003 Adoption)
(published by Texas Department of Transportation)
UL Underwriters' Laboratories,Inc.
333 Pfingston Road
Northbrook, IL 60062
UNI-BELL UNI-BELL Pipe Association
2655 Villa Creek Drive, Suite 155
02/2008 01420-4 of 5
CITY OF PEARLAND REFERENCED STANDARDS
Dallas, TX 75234
WRI Wire Reinforcement Institute
942 Main Street—Suite 300
Hartford, CT 06103
WWD/PI Water Well Drillers and Pump Installers Advisory Council
Texas Department of Licensing and Regulation
P.O. Box 12157
Austin, TX 78711
2.0 PRODUCTS - NotUsed
3.0 EXECUTION - NotUsed
END OF SECTION
)
02/2008 01420-5 of 5
CITY OF PEARLAND CONTRACTOR'S QUALITY CONTROL
Section 01430
it
CONTRACTOR'S QUALITY CONTROL
1.0 GENERAL
1.1 SECTION INCLUDES
A Quality assurance and control of installation and manufacturer's field services and
reports.
B References to Technical Specifications:
1. Section 01350—Submittals
1.2 SUBMITTALS
A Make Submittals required by this Section under the provisions of Section 01350 —
Submittals.
1.3 QUALITY ASSURANCE/CONTROL OF INSTALLATION
A Monitor quality control over suppliers, manufacturers, products, services, site
conditions, and workmanship, to produce the Work of specified quality at no
additional cost to the Owner.
B Comply fully with manufacturers' installation instructions, including each step in
sequence.
C Request clarification from Project Manager 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.
F Obtain copies of Standards and maintain at Project Site when required byindividual
Technical Specifications.
1.4 MANUFACTURERS' FIELD SERVICES AND REPORTS
A When specified in individual Technical Specifications, 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 Technical Specifications.
02/2008 01430- 1 of 2
CITY OF PEARLAND CONTRACTOR'S QUALITY CONTROL
B At the Project Manager's request, submit qualifications of manufacturer's
representative to Project Manager fifteen (15) days in advance of required
representative's services. The representative shall be subject to approval of Project
Manager.
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 one(1)day of observation to
Project Manager for review.
2.0 PRODUCTS - Not Used
3.0 EXECUTION - NotUsed
END OF SECTION
02/2008 01430-2 of 2
CITY OF PEARLAND OBSERVATION SERVICES
r ,
Section 01440
OBSERVATION SERVICES
1.0 GENERAL
1.1 SECTION INCLUDES
A Observation services and references.
B References to Technical Specifications:
1. Section 01450—Testing Laboratory Services
1.2 MEASUREMENT AND PAYMENT
A Unless indicated as a Bid Item, no separate payment will be made for Work
performed under this Section. Include cost in Bid Items for which this Work is a
component.
1.3 INSPECTION
A Project Manager will appoint an Observer as a representative of the Owner to oversee
inspections,tests,and other services specified in individual Technical Specifications.
B Alternately, Project Manager may appoint, employ, and pay an independent firm to
provide additional observation or construction management services as indicated in
Section 01450—Testing Laboratory Services.
C Reports will be submitted by the independent firm to Project Manager,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 Observer;furnish samples of materials,
design mix, equipment, tools, and storage.
E Contractor shall notify Project Manager 24 hours prior to expected time for operations
requiring services. Notify Engineer and independent firm when noted.
F Contractor shall sign and acknowledge report for Observer.
2.0 PRODUCTS - Not Used
3.0 EXECUTION - NotUsed
END OF SECTION
09/2009 01440- 1 of 1
CITY OF PEARLAND TESTING LABORATORY SERVICES
Section 01450
C"1 TESTING LABORATORY SERVICES
1.0 GENERAL
1.1 SECTION INCLUDES
A Testing Laboratory Services and Contractor responsibilities related to those services.
B References to Technical Specifications:
1. Section 01350—Submittals
C Referenced Standards:
1. American Society for Testing and Materials(ASTM)
a. ASTM D 3740, "Practice for Evaluation of Agencies Engaged in
Testing and/or Inspection of Soil and Rock as Used in Engineering
Design and Construction"
b. ASTM E 329, "Recommended Practice for Inspection and Testing
Agencies for Concrete, Steel, and Bituminous Materials as Used in
Construction"
1.2 SELECTION AND PAYMENT
A Owner will select,employ,and pay for services of an independent testing laboratory to
perform inspection and testing identified in individual Technical Specifications.
B Employment of testing laboratory shall not relieve Contractor of obligation to perform
work in accordance with requirements of Contract Documents.
C Owner or designated representative shall schedule and monitor testing as required to
provide timely results and to avoid delay to the Work.
D Contractor shall be responsible for paying for services of commercial testing
laboratory,with prior approval of Owner,to perform the following:
1. Pipe diameter deflection tests on all flexible and semi-rigid sanitary sewer
collection system pipe installation
2. Laboratory services required to establish mix design proposed for use for
Portland cement concrete, asphaltic concrete mixtures and other material
mixes requiring control by testing laboratory when required because of
change in source of materials or other conditions not caused byOwner.
3. Tests required to establish optimum moisture of earth and base materials
and to determine required compactive effort to meet densityrequirements.
4. Cores to test for thickness.
5. Testing and inspection performed for the Contractor's convenience.
6. Retesting and repetitions of laboratory services when initial tests indicate
! work does not comply with requirements of Contract Documents.
04/2008 01450- 1 of 3
CITY OF PEARLAND TESTING LABORATORY SERVICES
1.3 LABORATORY REPORTS
A The Engineer will receive 1 copy, the Project Manager will receive 2 copies, and the
Contractor will receive 2 copies of Laboratory Reports from the testing laboratory.
One of the Contractor's copies shall remain at the Project Site for duration of Project.
Test results which indicate non-conformance shall be transmitted immediately via fax
from the testing laboratoryto the Contractor and Project Manager.
1.4 LIMITS ON TESTING LABORATORY AUTHORITY
A Laboratory may not release, revoke, alter, or enlarge on requirements of Contract
Documents.
B Laboratory may not approve or accept any portion of the Work.
C Laboratory may not assume any duties of Contractor.
D Laboratory has no authority to stop the Work.
1.5 CONTRACTOR RESPONSIBILITIES
A Notify Project Manager and laboratory 24 hours prior to expected time for operations
requiring inspection and testing services. Notify Engineer if specification section
requires the presence of the Engineer.
B Cooperate with laboratory personnel in collecting samples to be tested or collected on
Project 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 payfor:
1. Retesting required for failed tests.
2. Retesting for nonconforming Work.
3. Additional sampling and tests requested by Contractor for his ownpurposes.
2.0 PRODUCTS - Not Used
3.0 EXECUTION
04/2008 01450-2 of 3
CITY OF PEARLAND TESTING LABORATORY SERVICES
3.1 CONDUCTING TESTING
1 A Laboratory sampling and testing shall conform to ASTM D 3740 and ASTM E 329,as
well as other test standards specified in individual Technical Specifications.
END OF SECTION
04/2008 01450-3 of 3
CITY OF PEARLAND MOBILIZATION
Section 01505
MOBILIZATION
1.0 GENERAL
1.1 SECTION INCLUDES
A Mobilization of construction equipment and facilities onto the Work.
B Referenced Standards:
1. Texas Department of Transportation(TxDOT)
2. Texas Manual on Uniform Traffic Control Devices (Texas MUTCD)
1.2 MEASUREMENT AND PAYMENT
A. Payment for Mobilization is on a Lump Sum basis and shall not exceed three
percent (3%) of the total bid price.
B. Payment for 50% of the Mobilization lump sum bid item may be included in the
first monthly Application for Payment. Payment is subject to the receipt and
approval by Engineer of the following items, as applicable:
1. Schedule of Values (Section 01350—Submittals)
2. Trench Safety Program(Section 01570—Trench Safety System)
3. Construction Schedule (Section 01350—Submittals)
4. Pre-construction Photographs (Section 01380—Construction Photographs)
5. Installation and acceptance of Project Identification Sign(s)(Section
01580—Project Identification Signs)
6. Installation and acceptance of Field Office (Section 01500—Temporary
Facilities and Controls)
7. Installation and acceptance of TPDES requirements (Section 01565 -
TPDES Requirements)
C. Payment for 25% of the Mobilization lump sum bid item may be included in the
second monthly Application for Payment. Payment is subject to the receipt and
approval by Engineer of the following items, as applicable:
1. Installation of High Speed Internet Access (Section 01500—Temporary
Facilities and Controls)
2. Laptop Computer(Section 00800—Special Conditions of Agreement)
D. Payment for 15% of the Mobilization lump sum bid item may be included in the
third monthly Application for Payment.
E. Payment for the remaining 10% of the Mobilization lump sum bid item may be
included in the fourth monthly Application for Payment.
09/2012 01505 - 1 of 1
CITY OF PEARLAND MOBILIZATION
G. Mobilization payments will be subject to Retainage as stipulated in Section 00700
✓� General Conditions of Agreement.
2.0 PRODUCTS
2.1 PROJECT IDENTIFICATION SIGNS
A. Provide specified number of project identification sign(s)per Section 01580. The
name, address and contact information of the general contractor for the project
shall be shown on the sign per Section 01580 and the attached exhibit.
3.0 EXECUTION
3.1 PLACEMENT OF PROJECT IDENTIFICATION SIGNS
A. Place a Project Identification Sign as described in Section 01580,part 1.03,D
visible to passing traffic or as directed by Engineer.
END OF SECTION
r
f �
09/2012 01505- 1 of 1
CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION
Section 01555
)
TRAFFIC CONTROL AND REGULATION
1.0 GENERAL
1.1 SECTION INCLUDES
A Requirements for traffic control plans,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 Requirements for and qualifications ofFlaggers.
C References to Technical Specifications:
1. Section 01350—Submittals
2. Section 01140—Contractor's Use of Premises
D Referenced Standards:
1. Texas Manual on Uniform Traffic Control Devices (Texas MUTCD)
1.2 MEASUREMENT AND PAYMENT
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 one provided on the Plans,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 Work.
The amount invoiced shall be determined based on the Schedule of Values submitted
for Flaggers.
1.3 SUBMITTALS
A Make Submittals required by this Section under the provisions of Section 01350 —
Submittals.
B A Traffic Control Plan responsive to the Texas MUTCD and sealed by a Registered
Professional Engineer is incorporated into the Plans. If the Contractor proposes to
implement traffic control different than the plan provided, he shall submit a Traffic
Control Plan in conformance with Texas MUTCD for approval of the Engineer.
C For both the Traffic Control Plan and Flaggers' use, submit Schedules of Values
within 30 days following the Notice to Proceed.
D Each week submit a daily log for Flaggers listing name,badge number,time start,time
finish, and hours worked.
03/2008 01555- 1 of 4
CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION
1.4 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.
2. Where vehicular traffic must change lanes abruptly.
3. Where construction equipment either enters or crosses vehiculartraffic
lanes and walks.
4. Where construction equipment may intermittently encroach on vehicular
traffic lanes and unprotected walks and cross-walks.
5. Where construction activities might affect public safety and convenience.
6. Where traffic regulation is needed due to rerouting of vehiculartraffic
around the work site.
7. When requested by Owner.
C The use of Flaggers is for the purpose of assisting in the regulation of traffic flow and
movement, and does not in any way relieve the contractor of full responsibility for
taking such other steps and provide such other Flaggers or personnel as the Contractor
may deem necessary to protect the work and the public, and does not in any way
relieve the Contractor of his responsibility for any damage for which he would
otherwise be liable.
Flaggers shall be used and maintained at such points for such periods of time as
may be required to provide for the public safety and convenience of travel.
2.0 PRODUCTS
2.1 SIGNS, SIGNALS,AND DEVICES
A Comply with Texas MUTCD regulations.
B Traffic Cones and Drums, Flares and Lights: As approved by agencies having
jurisdiction.
3.0 EXECUTION
3.1 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.
03/2008 01555 -2 of 4
CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION
C Contractor shall not obstruct the normal flow of traffic from 7:00 a.m.to 9:00 a.m.and
4:00 p.m. to 6:00 p.m. on designated major arterials or as directed by the Engineer.
D Contractor shall maintain local driveway access to residential and commercial
properties adjacent to work areas at all times.
E Cleanliness of Surrounding Streets:
1. Keep streets used for entering or leaving the job area free of excavated
material, debris, and any foreign material resulting from construction
operations. Leave the area broom-clean or its equivalent at the end of the
work day.
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 parkingon or adjacent to access roads or in non-designated areas.
3.2 FLARES AND LIGHTS
A Provide flares and lights during hours of low visibility to delineate traffic lanes and
to guide traffic.
3.3 HAUL ROUTES
A Utilize haul routes designated by Owner or shown on the Plans 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.
D Contractor shall be responsible for any damage caused by vehicles utilizing haul
routes.
3.4 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.
3.5 BRIDGING TRENCHES AND EXCAVATIONS
A Whenever necessary,bridge trenches and excavation to permit an unobstructed flow of
traffic.
03/2008 01555-3 of 4
CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION
B Secure bridging against displacement by using adjustable cleats,angles,bolts or other
�Jdevices whenever bridge is installed:
1. On an existing bus route;
2. When more than five percent of dailytraffic is comprised of commercial or
truck traffic;
3. When more than two separate plates are used for the bridge;or
4. When bridge is to be used for more than five consecutive days.
C Install bridging to operate with minimum noise.
D Adequatelyshore 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.
3.6 CLEAN-UP AND RESTORATION
A Perform clean-up and restoration in and around construction zone in accordance with
Section 01140—Contractor's Use of Premises.
Remove equipment and devices when no longer required.
C Repair damage caused by installation.
D Remove post settings to a depth of 2 feet.
END OF SECTION
03/2008 01555 -4 of 4
CITY OF PEARLAND PROJECT IDENTIFICATION SIGNS
Section 01580
PROJECT IDENTIFICATION SIGNS
1.0 GENERAL
1.1 SECTION INCLUDES
A Project identification sign description.
B. Installation.
C. Maintenance and removal.
1.2 UNIT PRICES
A. No separate payment will be made for design, fabrication, installation, and
maintenance of project identification signs under this Section. Include cost of work
performed under this Section in the pay item for Section 01505 -Mobilization.
B. If changes to project identification signs are requested by the City Engineer to keep
them current,payment will be made by change order.
C. Skid-mounted signs shall be relocated as directed by the City Engineer at no
additional cost to the City. Post-mounted signs shall be relocated once, if directed
in writing by the City Engineer, at no additional cost to the City. If a post-mounted
sign is relocated more than once at the written direction of the City Engineer,
payment will be made by change order.
1.3 SYSTEM DESCRIPTION
A. Sign Construction:Project identification signs shall be constructed of new materials
and painted new for the project. Construct post-mounted signs as shown on
Construction Sign Details.
B. Appearance: Project identification signs shall be maintained to present a clean and
neat look throughout the project duration.
C. Sign Manufacturer/Maker: Experienced as a professional sign company.
D. Sign Placement: Place signs at locations as directed by the City Engineer. The City
Engineer will provide sign placement instructions at the Pre-construction Meeting.
1. A linear project is one involving paving, overlay, sewer lines, storm
drainage, or water mains that run in the right-of-way over a distance. A
f
10/2014 01580-1
CITY OF PEARLAND PROJECT IDENTIFICATION SIGNS
--� linear project requires a project identification sign at each end of the
1 construction site.
2. Single Site or Building Projects: Provide one project identification
sign.
3. Multiple Sites: Provide one project identification sign at each site.
4. Sign Relocation: As work progresses at each site, it may be necessary
to move and relocate project identification signs. Relocate signs as
directed in writing by the City Engineer.
E. Alternate Skid-mounted Sign Construction: Post-mounted signs are preferred, but
skid-mounted signs are allowed, especially for projects with noncontiguous
locations where work progresses from one location to another. The skid structure
shall be designed so that the sign will withstand a 60-mile-per-hour wind load
directly to the face or back of the sign. Use stakes, straps, or ballast. Approval of
the use of skid-mounted signs shall not release the Contractor from responsibility
of maintaining a project identification sign on the project site and shall not make
the City responsible for the security of such signs.
1.4 SUBMITTALS
A. Submit shop drawings under provisions of Section 01350 - Submittal Procedures.
B. Show content, layout, lettering style, lettering size, and colors. Make sign and
lettering to scale, clearly indicating condensed lettering, if used.
2.0 PRODUCTS
2.1 SIGN MATERIALS
A. Structure and Framing: All sign materials shall be new.
1. Sign Posts: Use 4-inch by 4-inch treated wood posts, sized to fix
top of sign at 6 FEET ABOVE GROUND.
2. Sign Supports and Skid Bracing: 2-inch by 4-inch wood framing
material.
3. Skid Members: 2-inch by 6-inch wood framing material.
4. Fasteners:
a. Use galvanized steel fasteners.
b. Use 3/8-inch by 5-1/2-inch button head carriage bolts to attach sign to posts.
Secure with nuts and flat head washers atlocations as recommended by Sign
Manufacturer.
c. Cover button heads with white reflective film or paint to match signbackground
B. Sign and Sign Header: Use medium density overlaid marine plywood, minimum
1/2-inch thick. Use full-size 4-foot by 8-foot sheets for sign and a single piece for
header to minimize joints; do not piece wood to fabricate a sign face.
C. Paint and Primers: White paint used to prime surfaces and to resist weathering shall
be an industrial grade,fast-drying,oil-based paint with gloss finish. Paint structural
10/2014 01580-2
CITY OF PEARLAND PROJECT IDENTIFICATION SIGNS
and framing members white on all sides and edges to resist weathering. Paint sign
and sign header material white on all sides and edges to resist weathering. Paint all
sign surfaces with this weather-protective paint prior to adding any sign paint or
adhesive applications.
D. Colors:
Follow criteria established by attached Exhibit
3.0 EXECUTION
3.1 INSTALLATION
A. Install project identification signs within 10 calendar days after Date of
Commencement.
B. Erect signs where designated by the City Engineer at the Pre-constructionMeeting
or as described in part 1.03 of this Section. Position the sign in such a manner as to
be fully visible and readable to the general public.
C. Erect sign level and plumb.
D. If mounted on posts, sink posts a minimum of 30 inches below grade in 10-inch
diameter posthole. Stabilize posts with sharp sand or concrete to minimize lateral
motion. Leave a minimum of 8 feet of post above existing grade for mounting of
the sign and header.
E. Erect sign so that the top edge of the sign, is no higher than 6 feet above existing
grade.
3.2 MAINTENANCE AND REMOVAL
A. Keep signs and supports clean. Repair deterioration and damage.
B. Remove signs, framing, supports, and foundations to a depth of 2 feet upon
completion of Project. Restore the area to a condition equal to or better than before
construction.
END OF SECTION
10/2014 01580-3
CITY OF PEARLAND PROJECT IDENTIFICATION SIGNS
PROJECT IDENTIFICATION SIGN
EXHIBIT
- L, First
Impression
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10/2014 01580-4
CITY OF PEARLAND MATERIAL AND EQUIPMENT
Section 01600
MATERIAL AND EQUIPMENT
1.0 GENERAL
1.1 SECTION INCLUDES
A Requirements for transportation, delivery, handling, and storage of materials and
equipment.
B References to Technical Specifications:
1. Section 01566—Source Controls for Erosion&Sedimentation
1.2 MEASUREMENT AND PAYMENT
A Unless indicated as a Bid Item, no separate payment will be made for Work
performed under this Section. Include cost in Bid Items for which this work is a
component.
1.3 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 Work.
1.4 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.
1.5 DELIVERY
A Arrange deliveries of products to accommodate the Construction Schedule and in
ample time to facilitate inspection prior to installation. Avoid deliveries that cause
lengthy storage or overburden of limited storage space.
07/2006 01600- 1 of 3
CITY OF PEARLAND MATERIAL AND EQUIPMENT
B Coordinate deliveries to avoid conflict with Work and conditions at the Project Site
and to accommodate the following:
1. Work of other contractors or the Owner.
2. Limitations of storage space.
3. Availability of equipment and personnel for handlingproducts.
4. Owner's use of premises.
C Have products delivered to the Project 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 andundamaged.
1.6 PRODUCT HANDLING
A Coordinate the off-loading of materials and equipment delivered to the Project Site. If
necessary to move stored materials and equipment during construction, Contractor
shall relocate materials and equipment at no additional cost to the Owner.
B Provide equipment and personnel necessary to handle products, including those
( provided by the Owner,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.
1.7 STORAGE OF MATERIAL
A Store and protect materials in accordance with manufacturer's recommendations and
requirements of these Technical Specifications. Control storage of potential water
pollutants in conformance with Section 01566 — Source Controls for Erosion &
Sedimentation.
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.
07/2006 01600-2 of 3
CITY OF PEARLAND MATERIAL AND EQUIPMENT
C Keep materials and equipment neatly and compactly stored in locations that will cause
a minimum of inconvenience to other contractors, public travel, adjoining`owners, (r
tenants, and occupants. Arrange storage in a manner to provide easy access for
inspection.
D Provide adequately ventilated, watertight storage facilities with floor above ground
level for materials and equipment susceptible to weather damage.
E Restrict storage to areas available on the construction site for storage of material and
equipment as shown on Plans or approved by the ProjectManager.
F Provide off-site storage and protection when on-site storage is not adequate.
G 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. Damage to lawns,sidewalks,streets or other improvements shall be repaired
or replaced to the satisfaction of the Project Manager.
H Protect stored materials and equipment against loss or damage.
I Store materials in manufacturers'unopened containers.
J Materials delivered and stored along the line of the Work shall be not closer than 3 feet
to any fire hydrant. Public and private drives and street crossings shall be kept open.
K The total length which materials may be distributed along the route of construction at
any one time is 1000 lineal feet, unless otherwise approved in writing by the Project
Manager.
2.0 PRODUCTS - Not Used
3.0 EXECUTION - NotUsed
END OF SECTION
07/2006 01600-3 of 3
CITY OF PEARLAND PRODUCT OPTIONS AND SUBSTITUTIONS
Section 01630
PRODUCT OPTIONS AND SUBSTITUTIONS
1.0 GENERAL
1.1 SECTION INCLUDES
A Options for making product or process selections.
B Procedures for proposing equivalent construction products or processes,including pre-
approved, and approved products or processes
C References to Technical Specifications:
1. Section 01350—Submittals
1.2 SUBMITTALS
A Make Submittals required by this and related Sections under the provisions of
Section 01350—Submittals.
1.3 DEFINITIONS
A Product: Means,materials,equipment,or systems incorporated into the Work.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.
1.4 SELECTION OPTIONS
A Pre-approved Products: Products of certain manufacturers or suppliers are designated
in the Technical Specifications as"pre-approved". Products of other manufacturers or
suppliers will not be acceptable under this Contract and will not be considered under
the submittal process for approving alternate products.
B Approved Products: Products of certain manufacturers or suppliers designated in the
Technical Specifications followed by the words "or approved equal". Approval of
alternate products not listed in the Technical Specifications may be obtained through
provisions of this Section and Section 01350—Submittals. The procedure for approval
of alternate products is not applicable to Pre-approved Products.
C Product Compatibility: To the maximum extent possible,provide products that are of
the same type or function from a single manufacturer, make, or source. Where more
than one choice is available as a Contractor's option, select a product which is
compatible with other products already selected, specified, or in use by the Owner.
07/2006 01630- 1 of 3
CITY OF PEARLAND PRODUCT OPTIONS AND SUBSTITUTIONS
1.5 CONTRACTOR'S RESPONSIBILITY
A Furnish information the Engineer deems necessary to judge equivalency of the
alternate product.
B Pay for laboratory testing as well as any other review or examination cost needed to
establish the equivalency between products which enables the Engineer to make such a
judgment.
C If the Engineer determines that an alternate product is not equivalent to that named in
the Technical Specifications,the Contractor shall furnish one of the specified products.
1.6 ENGINEER'S REVIEW
A Alternate products 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 deemed advantageous to the Owner,
and similarly,to reject any product deemed not beneficial to the Owner.
1.7 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 product to be considered as an alternate product along
with the product information within fourteen(14)days after the Effective Date of the
Agreement.
C 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 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 usedand
date of installation. Include the name of the Owner,
Architect/Engineer, and installing contractor.
07/2006 01630-2 of 3
CITY OF PEARLAND PRODUCT OPTIONS AND SUBSTITUTIONS
3. For construction methods:
a. Detailed description of proposed method.
b. Shop Drawings illustrating methods.
4. Itemized comparison of proposed substitution with product or method
specified.
5. Data relating to changes in Construction Schedule
6. Relationship 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 - NotUsed
3.0 EXECUTION - NotUsed
END OF SECTION
07/2006 01630-3 of 3
CITY OF PEARLAND FIELD SURVEYING
Section 01720
FIELD SURVEYING
1.0 GENERAL
1.1 SECTION INCLUDES
A Requirements for surveyors and surveys.
B Procedures pertaining to survey control points and referencepoints.
C References to Technical Specifications:
1. Section 01350—Submittals
2. Section 01760—Project Record Documents
1.2 MEASUREMENT AND PAYMENT
A Unless indicated as a Bid Item,no separate payment will be made for Work performed
under this Section. Include cost in Bid Items for which this Work is acomponent.
1.3 QUALITY CONTROL
A Conform to State of Texas laws for surveys requiring licensed surveyors. Employ a
land surveyor acceptable to Engineer.
1.4 SUBMITTALS
A Make Submittals required by this Section under the provisions of Section 01350—
Submittals.
B Submit to Engineer the name, address, and telephone number of Surveyor before
starting survey work.
C Submit documentation verifying accuracy of survey work on request.
1.5 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 01760—Project Record
Documents.
1.6 EXAMINATION
A Verify locations of survey control points prior to starting Work.
B Notify Engineer immediately of any discrepancies discovered.
07/2006 01720- 1 of 2
CITY OF PEARLAND FIELD SURVEYING
1.7 SURVEY REFERENCE POINTS
A Control datum for survey is that established by Owner-provided survey and indicated
on Plans.
B Locate and protect survey control points, including property corners,prior to starting
site work. Use caution to preserve permanent reference points during construction.
C The Contractor shall not reset; nor cause to be reset, lost, disturbed, or damaged;
control points. Promptly notify Engineer of disturbance or damage to any control
point(s).
D Notify Engineer 48 hours in advance of need for relocation of reference points due to
changes in grades or other reasons.
E Report promptly to Engineer the loss or destruction of any reference point.
F Any re-staking of control points lost,disturbed,or damaged by Contractor's operations
will be provided by Owner at Contractor's expense.
G Employ a Registered Public Land Surveyor to reset any missing,disturbed,or damaged
monumentation.
1.8 SURVEY REQUIREMENTS
A Utilize recognized engineering surveypractices.
B Establish a minimum of two permanent bench marks on Project Site, referenced to
established control points. Record locations, with horizontal and vertical data, on
Project Record Documents.
C Establish and record in survey notes elevations, lines and levels to provide quantities
required for Measurement and Payment and to provide appropriate controls for the
Work. Locate and lay out by instrumentation and similar appropriate means:
1. Site improvements including pavements; stakes for grading; fill andtopsoil
placement; utility locations, slopes, and invert elevations.
2. Grid or axis for structures.
3. Mounumented Baseline.
D Verify periodically layouts by same means.
2.0 PRODUCTS - Not Used
3.0 EXECUTION - NotUsed
END OF SECTION
07/2006 01720-2 of 2
CITY OF PEARLAND PROJECT RECORD DOCUMENTS
Section 01760
PROJECT RECORD DOCUMENTS
1.0 GENERAL
1.1 SECTION INCLUDES
A Maintenance and Submittal of Record Documents and Samples.
B References to Technical Specifications:
1. Section 01350—Submittals
2. Section 01770—Contract Closeout
1.2 MEASUREMENT AND PAYMENT
A Unless indicated as a Bid Item, no separate payment will be made for Work
performed under this Section. Include cost in Bid Items for which this Work is a
component.
1.3 SUBMITTALS
A Make Submittals required by this and related Sections under the provisions of
Section 01350—Submittals.
1.4 MAINTENANCE OF DOCUMENTS AND SAMPLES
A Maintain one copy of Record Documents at the Project Site in accordance with Section
00700—General Conditions of Agreement, 3.02 "Keeping Plans and Specifications
Accessible".
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,printedletters.
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 byEngineer.
13 RECORDING
A Record information concurrently with construction progress. Do not conceal anywork
until required information is recorded.
B Plans, 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
07/2006 01760- 1 of 2
CITY OF PEARLAND PROJECT RECORD DOCUMENTS
appurtenances, referenced to permanent surfaceimprovements.
2. Elevations of underground utilities referenced to bench marks utilizedfor
the Work.
I
3. Field changes of dimension and detail.
4. Changes made by modifications.
5. Details not on original Plans.
6. References to related Shop Drawings andModifications.
C Record information with a red pen or pencil on a set of drawings indicated as the
Record Document Set,provided by Engineer.
2.0 PRODUCTS - NotUsed
3.0 EXECUTION
A Deliver Record Documents and Samples to Owner in accordance with Section 01770—
Contract Closeout.
END OF SECTION
07/2006 01760-2 of 2
CITY OF PEARLAND CONTRACT CLOSEOUT
Section 01770
r�
CONTRACT CLOSEOUT
1.0 GENERAL
1.1 SECTION INCLUDES
A Closeout procedures including final submittals such as operation and maintenance
data, warranties, and spare parts and maintenance materials.
B References to Technical Specifications:
1. Section 01350—Submittals
2. Section 01760—Project Record Documents
1.2 MEASUREMENT AND PAYMENT
A Unless indicated as a Bid Item, no separate payment will be made for Work
performed under this Section. Include cost in Bid Items for which this Work is a
component.
1.3 SUBMITTALS
A Make Submittals required by this Section under the provisions of Section 01350 —
Submittals.
1.4 CLOSEOUT PROCEDURES
A Comply with Section 00700 — General Conditions of Agreement regarding Final
Completion and Final Payment when Work is complete and ready for Engineer's final
inspection.
B Provide Record Documents under provisions of Section 01760 — Project Record
Documents.
C Complete or correct items on punch list,with no new items added. Any new items will
be addressed during warranty period.
D The Owner will occupy portions of the Work as specified in Section 00700—General
Conditions of Agreement.
E Contractor shall request Final Inspection at least two weeks prior to Final Acceptance.
1.5 FINAL CLEANING
A Execute final cleaning prior to final inspection.
B Clean debris from drainage systems.
C Clean Project Site; sweep paved areas, rake clean landscaped surfaces.
09/2009 01770- 1 of 2
CITY OF PEARLAND CONTRACT CLOSEOUT
D Remove waste and surplus materials,rubbish, and temporary construction facilities
from the Project Site following the final test of utilities and completion of the Work.
1.6 OPERATION AND MAINTENANCE DATA
A Submit Operations and Maintenance data under provisions of Section 01350 —
Submittals.
1.7 WARRANTIES
A Provide one original of each warranty from Subcontractors, Suppliers, and
Manufacturers.
B Provide Table of Contents and assemble warranties in 3-ring/D binder with durable
plastic cover.
C Submit warranties prior to Final Application for Payment.
1. Warranties shall commence in accordance with the requirements of Section
00700—General Conditions of Agreement, 1.09 "SubstantiallyCompleted".
2.0 PRODUCTS - Not Used
3.0 EXECUTION Contractor shall diligently pursue completion of the items and
activities contained in the Contract Close Out and Project Record Document sections
( of the project manual. Notwithstanding any performance of warranty work,the
work of Contract Closeout shall be complete within thirty(30) days of the date of
Final Completion and Acceptance of the work.
END OF SECTION
09/2009 01770-2 of 2
CITY OF PEARLAND TECHNICAL SPECIFICATIONS DIVISION 2
TECHNICAL SPECIFICATIONS
DIVISION 2
SITE WORK
f�I
07/2006
CITY OF PEARLAND SITE PREPARATION
Section 02200
SITE PREPARATION
1.0 GENERAL
1.1 SECTION INCLUDES
A Removal of topsoil, stripping and stockpiling, clearing andgrubbing.
B Removal and disposal of waste materials, excess materials, debris and trash.
C Removal of obstructions.
D Excavation and fill.
E Salvaging of designated item.
F References to Technical Specifications:
1. Section 01200—Measurement and Payment Procedures
2. Section 01350—Submittals
3. Section 01450—Testing Laboratory Services
4. Section 01500—Temporary Facilities and Controls
5. Section 02255 —Bedding, Backfill and Embankment Material
6. Section 02330—Embankment
7. Section 01140—Contractor's Use of Premises
G Referenced Standards:
1. American Society for Testing and Materials(ASTM)
a. ASTM D 4318, "Standard Test Methods for Liquid Limit, Plastic
Limit, and Plasticity Index of Soils"
1.2 MEASUREMENT AND PAYMENT
A Unless indicated as a Bid Item,no separate payment will be made for Work performed
under this Section. Include cost in Bid Items for which this Work is acomponent.
B If Site Preparation is included as a Bid Item,measurement will be based on the Units
shown in Section 00300 — Bid Proposal and in accordance with Section 01200 —
Measurement and Payment Procedures.
1.3 SUBMITTALS
A Make Submittals required by this Section under the provisions of Section 01350—
Submittals.
B Submit embankment material sources and product quality information in accordance
this Section.
07/2006 02200- 1 of 4
CITY OF PEARLAND SITE PREPARATION
1.4 TESTING
A Testing and analysis of product quality, material sources, or field quality shall be
performed by an independent testing laboratory provided by the Owner under the
provisions of Section 01450 — Testing Laboratory Services and as specified in this
Section.
1.5 PROTECTION OF PEOPLE AND PROPERTY
A Contractor shall conduct all construction operations under this Contract in
conformance with the practices described in Section 01500—Temporary Facilities and
Controls.
2.0 PRODUCTS
2.1 MATERIALS
A Contractor shall provide materials used as embedment, backfill, back-dressing, and
embankment identified on the Plans in accordance with Section 02255 — Bedding,
Backfill and Embankment Material.
3.0 EXECUTION
3.1 CLEARING AND GRUBBING.
A Clear Project Site of trees,shrubs,and other vegetation,except for those designated by
Owner to be left standing.
B Use only hand methods for grubbing inside drip line of trees designated to remain.
C Completely remove stumps,roots,and other debris protruding through ground surface.
1. On areas required for roadway, channel, or structural excavation, remove
stumps, 2" diameter or larger limbs and roots, to depth of 2 feet below lower
elevation of excavation.
2. On areas required for embankment construction, remove 2" diameter limbs,
stumps and roots to depth of 2 feet below ground surface
3. Trees and stumps may be cut off as close to natural ground as practicable on
areas which are to be covered by at least 3 feet ofembankment
D Fill depressions caused by clearing and grubbing operations with satisfactory soil
material, unless further excavation or earthwork is indicated.
1. Place fill material in horizontal layers not exceeding 6 inches loose depth,and
thoroughly compact to density equal to adjacent original ground.
E Complete operations by bulldozing,blading, and grading so that prepared area is free
of holes,unplanned ditches, abrupt changes in elevations and irregular contours, and
r preserve drainage of area.
1. Blade entire area to prevent ponding of water and to provide drainage,except
in areas to be immediately excavated
07/2006 02200-2 of 4
CITY OF PEARLAND SITE PREPARATION
3.2 TOPSOIL STRIPPING AND STOCKPILING
A Obtain approval of topsoil quality before excavating and stockpiling.
B Excavate topsoil for esplanades and areas to receive grass or landscaping from areas to
be further excavated.
C Topsoil Stripping:
1. Remove growths of grass from areas before stripping.
2. Topsoil is defined as surface soil found of depth of not less than 4 inches.
3. Strip topsoil to depths encountered.
4. Perform stripping in a manner to prevent intermingling of topsoil with
underlying sterile subsoil and remove objectionable materials, including clay
lumps, stones over 2 in. in diameter, weeds, roots, leaves, and debris.
5. Where trees are designated by Owner to be left standing,stop topsoil stripping
at extreme limits of tree drip line to prevent damage to main root system.
D Topsoil Stockpiling:
1. Stockpile in areas designated on Plans.
2. Construct storage piles to freely drain surface water.
3. Cover storage piles, if required to prevent wind-blown dust.
4. Stockpile topsoil to depth not exceeding 8 feet. Stockpile in a manner to
prevent erosion.
3.3 UNSUITABLE MATERIAL
A Undercut, remove, and replace material which Engineer designates as unsuitable for
subsequent construction.
B Material used to replace unsuitable material shall be suitable material from site
excavation or as indicated on Plans.
3.4 EXCAVATION AND FILL
A Depressed site areas shall be filled using material from high areas, insofar as
practicable.
B When fill obtained from high areas is exhausted, fill to indicated rough grade
elevations under roadways with"Structural Fill"and open areas not under structures or
roadways with "General Fill", or as indicated onPlans.
C Place and compact fill in accordance with Section 02330—Embankment.
3.5 SALVAGEABLE ITEMS AND MATERIAL
A Items designated by Engineer to be salvaged are to be carefully removed,so as to cause
no damage to the salvaged items and delivered to Owner's storage yard.
07/2006 02200-3 of 4
CITY OF PEARLAND SITE PREPARATION
3.6 CLEAN-UP AND RESTORATION
I
A Perform clean-up and restoration in and around construction zone in accordance with
Section 01140—Contractor's Use of Premises.
END OF SECTION
07/2006 02200-4 of 4
CITY OF PEARLAND SITE DEMOLITION
Section 02220
SITE DEMOLITION
1.0 GENERAL
1.1 SECTION INCLUDES
A Demolishing and removing existing pavements, structures, equipment and materials
only to the extent as indicated on the Plans.
B Removing concrete paving, asphaltic concrete pavement, and base courses.
C Removing concrete curbs, concrete curb and gutters, sidewalks and driveways.
D Removing pipe culverts and sewers.
E Removing miscellaneous structures of wood, plastics, metals, concrete, masonry, or
combination of concrete and masonry,etc.
F Disposing of demolished materials and equipment.
G References to Technical Specifications:
1. Section 01200—Measurement and Payment Procedures
2. Section 01350—Submittals
3. Section 01500—Temporary Facilities and Control
4. Section 01100—Summary of Work
5. Section 01730—Cutting and Patching
6. Section 01140—Contractor's Use of Premises
7. Section 01562—Waste Material Disposal
1.2 MEASUREMENT AND PAYMENT
A Unless indicated as a Bid Item, no separate payment will be made for removing and
disposing of existing pavement and structures under this Section. Include cost for
removing and disposing of existing pavement and structures in Bid Items for which
this Work is a component.
B If indicated as a Bid Item, measurement will be as follows:
1. Measurement for removing and disposing of concrete base and surfacing,and
removing asphaltic surfacing,is on a square yard basis measured between lips
of gutters.
2. Measurement for removing and disposing of cement stabilized shell base
course,with or without asphalt surfacing, is on a square yard basis.
3. Measurement for removing and disposing of concrete base and surfacing with
curbs,is on a square yard basis measured from back to back of curbs. Payment
includes removal of all base,asphaltic surfacing,concrete pavement,esplanade
curbs, curb and gutters, and paving headers.
04/2008 02220- 1 of 5
CITY OF PEARLAND SITE DEMOLITION
4. Measurement for removing and disposing of concrete pavement is on a square
yard basis measured from back to back of curbs.
5. Measurement for removing and disposing of monolithic curb and gutter,
removing monolithic concrete curb,and removing concrete curb,is on a lineal
foot basis measured along the face of the curb.
6. Measurement for removing and disposing of concrete sidewalk and driveway is
on a square yard basis.
7. Measurement for removing and disposing of miscellaneous concrete and
masonry removal is on a cubic yard basis of the structure in place.
8. Measurement for removing and disposing of pipe culverts and sewers is on a
lineal foot basis for each diameter of type of piperemoved.
9. Measurement for removing and disposing of unlisted materials shall be on the
lump sum basis.
C No payment will be made for work outside maximum payment limits indicated on
Plans, or in areas removed for Contractor's convenience.
D Refer to Section 01200—Measurement and Payment Procedures.
1.3 SUBMITTALS
A Make Submittals required by this Section under the provisions of Section 01350 —
Submittals.
B Submit proposed methods, equipment, materials and sequence of operations for
demolition. Describe coordination for shutting off,capping,and removing temporary
utilities. Plan operations to minimize temporary disruption of utilities to existing
facilities or adjacent property.
C Submit proposed demolition and removal schedule for approval. Notify Engineer in
writing at least 48 hours before starting demolition.
D Submit an approved copy of demolition schedule to Engineer prior to commencement
of demolition operations.
E Obtain a permit for building demolition, as required.
1.4 PROTECTION OF PEOPLE AND PROPERTY
A Contractor shall conduct all construction operations under this Contract in
conformance with the practices described in Section 01500—Temporary Facilities and
Controls.
B The Contractor shall be responsible for safety and integrity of adjacent structures and
shall be liable for any damage due to movement or settlement. Provide proper framing
and shoring necessary for support. Cease operations if an adjacent structure appears to
be endangered. Resume demolition only after proper protective measures have been
taken.
04/2008 02220-2 of 5
CITY OF PEARLAND SITE DEMOLITION
1.5 OWNERSHIP OF MATERIAL AND EQUIPMENT
A Materials and equipment designated for reuse or salvage are listed in Section 01100— - -
Summary of Work. Protect items designated for reuse or salvage from damage during
demolition, handling and storage. Restore damaged items to satisfactory condition.
B Materials and equipment not designated for reuse or salvage become the propertyof
the Contractor.
1.6 STORAGE AND HANDLING
A Store and protect materials and equipment designated for reuse until time of
installation.
B Deliver and unload items to be salvaged to storage areas indicated onPlans.
C Remove equipment and materials not designated for reuse or salvage and all waste and
debris resulting from demolition from site. Remove material as work progresses to
avoid clutter.
2.0 PRODUCTS
2.1 EQUIPMENT AND MATERIALS FOR DEMOLITION
A Use equipment and materials approved as prescribed in this Section, 1.03"Submittals'.
B Use of a"drop hammer"must have the Engineer's prior approval.
3.0 EXECUTION
3.1 EXAMINATION
A Prior to demolition, make an inspection with Engineer to determine the condition of
existing structures and features adjacent to items designated for demolition.
B Engineer will mark or list existing equipment to remain the property of the Owner.
C Do not proceed with demolition or removal operations until after the joint inspection
and subsequent authorization by Engineer.
B Stop demolition and notify Engineer if underground fuel storage tanks, asbestos,
PCB's, contaminated soils, or other hazardous materials are encountered.
3.2 UTILITY SERVICES
A Follow rules and regulations of authorities or companies having jurisdiction over
communications,pipelines, and electrical distribution services.
B Notify and coordinate with utility company and adjacent building occupants when -
temporary interruption of utility service is necessary.
04/2008 02220-3 of 5
CITY OF PEARLAND SITE DEMOLITION
C When required by the Work, cutting, patching, and fitting of Work to existing
facilities,accommodating installation or connection of Work with existing facilities,or
uncovering Work for access, inspection, or testing shall be performed in accordance
with Section 01730—Cutting and Patching
3.3 MECHANICAL WORK ITEMS
A Mechanical removals consist of dismantling and removing existing piping, pumps,
motors,water tanks,equipment and other appurtenances. It includes cutting,capping,
and plugging required to restore use of existing utilities.
B Remove existing process, water, chemical, gas, fuel oil and other piping not required
for new work. Take out piping to the limits shown or to a point where it will not
interfere with the new work. Piping not indicated to be removed or which does not
interfere with new work shall be removed to the nearest solid support,capped,and the
remainder left in place. Purge chemical and fuel lines and tanks. Verify that such lines
are safe prior to removal or capping.
C Where piping that is to be removed passes through existing walls, cut and cap piping
on each side of the wall. Use cap appropriate for pipe material to be capped. Provide
fire-rated sealant for walls classified as fire-rated.
D When underground piping, which is not located in the public right-of-way, is to be
altered or removed,cap the remaining piping. Abandoned underground piping maybe
left in place unless it interferes with new work or is shown or specified to be removed.
Piping less than 15 inches in diameter may be plugged and abandoned in place. For
piping 15 inches in diameter and greater to be abandoned,fill with sand,pressure grout
or other approved method and plug with concrete or brick masonrybulkhead.
E Remove waste and vent piping to points shown. Plug pipe and cleanouts and plugs.
Where vent stacks pass through an existing roof that is to remain,remove the stack and
patch the hole in the roof,making it watertight. Comply with requirements of existing
roof installer so as to maintain roofwarranty.
F Conform to applicable codes when making any changes to plumbing and heating
systems.
3.4 ELECTRICAL WORK ITEMS
A Electrical removals consist of disconnecting and removing existing switchgear,
distribution switchboards,control panels,bus duct,conduits and wires,panel boards,
lighting fixtures, and miscellaneous electrical equipment.
B Remove existing electrical equipment and fixtures to prevent damage to allow
continued operation of existing systems and to maintain the integrity of the grounding
systems.
04/2008 02220-4 of 5
CITY OF PEARLAND SITE DEMOLITION
C Remove poles and metering equipment, if designated for removal on the Plans.
Coordinate electrical removals with the power company, as necessary. Verify that
power is properly de-energized and disconnected.
D Where shown or otherwise required, remove wiring in underground duct systems.
Verify function of wiring before disconnecting and removing. Plug ducts which are
not to be reused at entry to buildings.
E Changes to electrical systems shall conform to applicable codes.
3.5 CLEAN-UP AND RESTORATION
A Perform clean-up and restoration in and around construction zone in accordance with
Section 01140—Contractor's Use of Premises.
B Remove from the site all items contained in or upon the structure not designated for
reuse or salvage in accordance with this Section and Section 01562—Waste Material
Disposal.
C Follow method of disposal as required by regulatory agencies.
END OF SECTION
04/2008 02220-5 of 5
CITY OF PEARLAND TECHNICAL SPECIFICATIONS DIVISION 3
TECHNICAL SPECIFICATIONS
DIVISION 3
07/2006
r--
, BID ITEM 0001
CISCO Data Sheet
Cisco Industrial Ethernet 4000 Series Switches
Developed specifically to withstand the harshest industrial manufacturing
environments, these switches offer today's most flexible and scalable industrial
Ethernet platform that will grow with your network.
Product Overview,
The Cisco®Industrial Ethernet(IE)4000 Series is the latest addition to our ruggedized switching platforms and
provides superior high-bandwidth switching and proven Cisco IOS®Software-based routing capabilities for
industrial environments.The IE 4000 Series delivers highly secure access and industry-leading convergence using
the Cisco Resilient Ethernet Protocol (REP)and is built to withstand extreme environments while adhering to
overall IT network design, compliance, and performance requirements.
The IE 4000 Series is ideal for industrial Ethernet applications where hardened products are required, including
factory automation, energy and process control, intelligent transportation systems(ITS), oil and gas field sites, city
surveillance programs, and mining. With improved overall performance, greater bandwidth,a richer feature set,
and enhanced hardware, the Cisco IE 4000 Series complements the current industrial Ethernet portfolio of related -
Cisco industrial switches, such as the Cisco IE 2000 and IE 3000.
The Cisco IE 4000 can easily be installed in your network.Through a user-friendly web device manager, the Cisco
IE 4000 provides easy out-of-the-box configuration and simplified operational manageability to deliver advanced
security, data,video, and voice services over industrial networks.
Features and Benefits
Table 1. Features and Benefits of Cisco IE 4000
Feature Benefit
Robust Industrial Design • Built for harsh environment and temperature range(-40 to 70 C).
• Hardened for vibration,shock and surge,and noise immunity.
• Resilient dual ring design via 4x Gigabit Ethernet uplink ports.
• Complies with multi-industry specifications for automation,ITS,and substation environments.
• Improves uptime,performance,and safety of industrial systems and equipment.
• Fitted with compact,PLC(Programmable Logic Control)style DIN rail compliant form factor ideal for industrial
deployment.
• Covers a wide range of Power over Ethernet(PoE)application requirements.
User-Friendly GUI Device i • Allows easily configuration and monitoring via a web browser.
Manager • Eliminates the need for more complex terminal emulation programs.
• Reduces the cost of deployment.
SwapDrive:"Zero-Config" j • Simple switch replacement in case of a failure.
Replacement i • No networking expertise required.
• Helps ensure fast recovery.
High-Density Industrial • Reduces complexity with one cable for both connectivity and power.
Power over Ethernet • Controls costs by limiting wiring,distribution panels,and circuit breakers.
(POE)
• Creates space and reduces heat dissipation.
• Enables ready-to-use PoE devices like IP phones and wireless access points.
• Supports(on select models)maximum HD camera deployments.
©2016 Cisco and/or its affiliates.All rights reserved.This document is Cisco Public Information. Page 1 of 11
1
_ - ---- ----- ---- —
--
Feature Benefit
'Full Gigabit Ethernet • Connects new wireless access point(802.11n and 802.11ac).
Switch • Enables new HD IP Cameras and new PLC(Programmable Logic Control).
I • Allows SCADA(Supervisory Control And Data Acquisition)connectivity.
• Provides introduction of new bandwidth-hungry applications in the industrial space.
• Supports very-delay-sensitive applications and time-sensitive networks.
• Delivers multiple rings,redundant ring topology for new network configurations.
• Extends geographical scalability where longer distance connectivity is required.
Your Ruggedized Choice for Industrial Environments
The Cisco Industrial Ethernet(IE)4000 Series offers:
• Bandwidth and capacity to grow with your networking needs: 20-Gbps nonblocking switching capacity with
up to 20 Gigabit Ethernet ports per switch
• High-density industrial PoE/PoE+support providing in-line power to up to 8 power devices, including IP
cameras and phones, badge readers,wireless access points, etc.
• Cisco IOS Software features for smooth IT integration and policy consistency
• Robust resiliency enabled by dual ring design via 4x Gigabit Ethernet uplink ports, Resilient Ethernet
Protocol (REP), Parallel Redundancy Protocol (PRP), PROFINET—Media Redundancy Protocol (MRP),
Etherchannel and Flexlink support, redundant power input, dying gasp, etc.
• True zero-touch replacement for middle-of-the-night or middle-of-nowhere failure
`.�,/ • Line-rate, low-latency forwarding with advanced hardware assist features (such as NAT, IEEE1588)
• Simplified software upgrade path with universal images
• Support of Industrial automation protocols EtherNet/IP (CIP)and PROFINET, MRP(IEC 62439-2)
Figure 1 shows switch models,Table 2 shows all the available Cisco IE 4000 Series models,Table 3 list the SW
license PIDs and Table 4 lists the power supplies for Cisco IE 4000 Series Switches.
Figure 1. IE 4000 Models
I
1 I ni_ .,_.0a=-r-- :: , ff
_ �s1 (j3 p; { , 9B-ti'C� ? • +. S �` �,Cr- I , �I . t�:, I a � `1~I5 $
I O` ;:L}_ C•! I , II 7
II (
-:IE-4000-16T4G-E • IE=4000 4SSP4G-E 4lE-4000=4T4P4G-EI IE-40008S4G-'.E • IE=40004TC4G-E
•
IE-4000-16GT4G E -•'1E=4000 4GS8GP4G-E •'IE-4000-BGT4G E . - IE-4000-.8GS4G-E
• IE-4000-6GTSGP.4G-E' • IE-4000-4GC4GP4G-E • IE-4000-614G-E
©2016 Cisco and/or its affiliates.All rights reserved.This document is Cisco Public Information. Page 2 of 11
Table 2. Cisco IE 4000 Series Models
Product Number Total,Ports GE Combo Additional RJ-45 Copper SFP Fiber PoE/PoE+ Default Software
Uplinks(4G)1' Combo Ports Ports(T) Ports(S) Ports(P,GP)
IE-4000-4TC4G-E I 8 I 14(FE)
II I
11E-4000-8T4G-E 12 - I j8(FE)
IE-4000-8S4G-E 1 12 18(FE)
IE-4000-4T4P4G-E 112 I 14(FE)- I 14(FE)
IE-4000-16T4G-E 120 I I 116(FE)
IE-4000-4S8P4G-E 16 All models have 4 f 14(FE) 18(FE) All models ship
GE combo uplink - - -. -I I with LAN Base
i IE-4000-8GT4G-E 12 ports ;8(GE) image2
I IE-4000-8GS4G-E - i 12 ( (r 8(GE)
IIE-4000-4GC4GP4G-E 12 4(GE) I 4(GE)
'IE-4000-16GT4G-E 20 - 16(GE) I
IE-4000-8GT8GP4G-E 20 8(GE) 8(GE)
IE-4000-4GS8GP4G-E 16 ' 1 - 14(GE) 8(GE)
'Combo ports provide one copper and one fiber physical port and only one can be activated at a time.
2 Can be upgraded to IP Services at a fee.
Table 3. Cisco IE 4000 SW License and Accessories PIDs
License Description
L-IE4000-RTU= 1E4000 Electronic software license upgrade from LAN base to IP Services 1
LIC-MRP-Manager - MRP ring manager license
LIC-MRP-Client MRP ring client license
LIC-MRP-MULTI-MGR Multiple MRP manger license - - _
I STK-RACKMNT-2955= 19 DIN Rail mount kit
STK-RACK-DINRAIL 191IN"Rail mount-kit •
All copper Gigabit Ethernet interfaces support speed negotiation to 10/100/1000 mbps and duplex negotiation.All
copper Fast Ethernet interfaces support speed negotiation to 10/100 mbps and duplex negotiation.
Table 4. Power Supplies for Cisco IE 4000 Series Switches
Product Number Wattage Rated Nominal Input Supported Power PoE/PoE Use Case Scenario.
Operating Range Input Voltage Output +Support
Operating
Range
I PWR-IE170W-PC-AC= 170W AC 100-240V/2.3A 50-60Hz AC 90-264V I 54VDC/3.15A I Yes �Maximum PoE/PoE+port
support in a AC or high 1
or or DC environment'
l DC 125-250V/2.1A DC 106-300V I I
PWR-IE170W-PC-DC= 1170W I DC 12-54V/23A I DC 10.8-60V - 154VDC/3.15A Yes !Maximum PoE/PoE+port
I support in a DC
II environment'
I PWR-IE50W-AC= '50W I AC 100-240V/1.25A 50-60Hz I AC 90-264V I 24VDC/2.1A i No I No PoE/PoE+support
I or I or j I needed in an AC or DC
environment
DC 125-250V/1.25A I DC 106-300V
PWR-IE50W-AC-IEC= 150W I AC 100-240V/1.25A 50-60Hz 1 AC 90-264V 124VDC/2.1A )No I No PoE/PoE+support
I i I needed when IEC plug is -
I j desired
©2016 Cisco and/or its affiliates.All rights reserved.This document is Cisco Public Information. Page 3 of 11
Product Number Wattage Rated Nominal Input Supported Power PoE/PoE Use Case Scenario
Operating Range Input Voltage Output +Support
Operating
Range
PWR-IE65W-PC-AC= 165W AC 100-240V/1.4A 50-60Hz AC 90-264V 1 54VDC/1.2 A Yes I Minimum(1-2 port)PoE
or or I
1 I support needed in an AC
I I I or high DC environment2
DC 125-250V/1.0A DC 106-300V 1
I
PWR-IE65W-PC-DC= 65W DC 24.48VDC/4.5A i DC 18-60V 54VDC/1.2 A Yes i Minimum(1-2 port)PoE
I I support needed in a DC
1 i environment2
1 The entire power budget for the switch and PoE ports needs to stay within 170W.A PoE port draws up to 15.4W of power,and
a PoE+port draws up to 30W of power:
2 The entire power budget for the switch and PoE ports needs to stay within 65W.
Figure 2 shows a diagram to help you select a Cisco IE 4000 model.
Figure 2. Cisco IE 4000 Model Selection Guide
Cbent.Ports Rate? — Gopper or Fiber?: — Need of.PoE? —Proposed 10.4000 Model-
H Non PoE, 8T4G.or 16T4G
Mostly CopperPorts ,— -
-
__.1
_ PoE'- 4T4P.4G
Mostly FiberPorts. J - Non PoE 8s46
�,� • I Need=Mostly
-FE-Ports — -- - - -
i
cooper and Fiber PoE 4s8PG4G
Can't Decide -PoE 4)-4154G
---- ------ -
' ;—I Non PoE — 8GT4G,16GT4G
Mostly CopperPorts
PoE 80T8GP4G ,
- Mostly Fiber Ports. -_ __ Non-PoE' 8GS4Gr
I Need.Mostly —I
- GE Ports =_
Copper and Fiber PoE - 4GS8GP4G
—- Can't Decide. _ . PoE - 4GC4GP4G
1
©2016 Cisco and/or its affiliates.All rights reserved.This document is Cisco Public Information. Page 4 of 11
Product Specifications
Table 5 lists specifications,Table 6 gives information about switch performance and scalability, Table 7 and 8 list
important software features,Table 9 lists compliance specifications, and Table 10 gives information about
management and standards of the Cisco IE 4000 Series Switches.
Table 5. Product Specifications
Description Specification
'Hardware • 1GB DRAM
• 128-MB onboard flash memory
• 1-GB removable SD flash memory card
• Mini-USB connector
1 • RJ-45 connector
Alarm •Alarm I/O:two alarm inputs to detect dry contact open or closed,one alarm output relay
Power Input • Redundant DC input voltage with operating range:nominal 9.6 to 60VDC
• Maximum DC input current:3.7A(IE-4000-4T4P4G-E,IE-4000-8T4G-E,IE-4000-8GT4G-E,IE-4000-16T4G-E),
4.3A(IE-4000-4GC4GP4G-E,IE-4000-4TC4G-E,IE-4000-4S8P4G-E,IE-4000-4GS8GP4G-E,IE-4000-
16GT4G-E,IE-4000-8GT8GP4G-E),5A(IE-4000-8S4G-E,IE-4000-8GS4G-E)
Power Consumption • IE-4000-4T4P4G-E,IE-4000-8T4G-E,IE-4000-8GT4G-E,and IE-4000-16T4G-E:35W
• IE-4000-4GC4GP4G-E,IE-4000-4TC4G-E,IE-4000-4S8P4G-E,IE-4000-4GS8GP4G-E,and IE-4000-16GT4G-
E:40W
• IE-4000-8S4G-E,IE-4000-8GS4G-E:42W
• These numbers are measured at 9.6V and do not include PoE power consumption
Dimensions,(H x W x D) • All IE 4000 models have the following dimensions:6.12 x 6.12 x 5.09 in.(155.4 x 155.4 x 129.2 mm)
• PWR-IE170W-PC-AC=:5.93 x 3.72 x 5.60 in.(150.6 x 94.5 x 142.2)
• PWR-IE170W-PC-DC=:5.93 x 4.47 x 5.75 in.(150.6 x 113.5 x 145.8)
• PWR-IE50W-AC=:5.8 x 2.0 x 4.4 in.(147 x 51 x 112 mm)
• PWR-IE50W-AC-IEC=:5.8 x 2.0 x 4.4 in.(147 x 51 x 112 mm)
• PWR-IE65W-PC-AC=:5.9 x 2.6 x 4.6 in.(150 x 66 x 117 mm)
• PWR-IE65W-PC-DC=:5.9 x 2.6 x 4.6 in.(150 x 66 x 117 mm)
Weight • All IE4000 models listed in Table 1:6.35 pounds(2.88 kg)
• PWR-IE170W-PC-AC=:3.88 pounds(1.76 kg)
• PWR-IE170W-PC-DC=:3.7 pounds(1.67 kg)
• PWR-IE50W-AC=:1.4 lb(0.65 kg)
• PWR-IE50W-AC-IEC=:1.4 lb(0.65 kg)
• PWR-IE65W-PC-DC=:2.6(1.18 Kg)
• PWR-IE65W-PC-AC=:2.7(1.24 Kg)
Table 6. Switch Performance and Scalability
Description Specification
Forwarding rate i Line rate for all ports and all packet sizes
Number of queues 14 egress
Unicast MAC addresses 116,000
IGMP multicast groups 1,000
Number of VLANs 11,000
IPv4 MAC security ACEs 1,000 with default TCAM Template
NAT translation Bidirectional,128 unique subnet NAT translation entries,which can expand to tens of thousands of translated entries
if designed properly
©2016 Cisco and/or its affiliates.All rights reserved.This document is Cisco Public Information. Page 5 of 11
Table 7. Cisco IE 4000 LAN BASE:Key Software Features
LAN Base License Features
(Default)
Layer 2 Switching IEEE 802.1,802.3,802.3at,802.3af standard,VTPv2,NTP,UDLD,CDP,LLDP,Unicast Mac filter,Flexlink,Resilient
Ethernet Protocol(REP),Parallel Redundancy Protocol(PRP),VTPv3,EtherChannel,Voice VLAN,qinq tunneling
•
Security SCP,SSH,SNMPv3,TACACS+,RADIUS Server/Client,MAC Address Notification,BPDU Guard,Port-Security,
1 Private VLAN,DHCP Snooping,Dynamic ARP Inspection,IP Source Guard,802-1x,Guest VLAN,MAC
Authentication Bypass,802.1x Multi-Domain Authentication,Storm Control,Trust Boundary,Cisco TrustSec
supporting SGT inline tagging and SGACL,FIPS 140-2
Layer 2 Multicast IGMPv1,v2,v3 Snooping,IGMP filtering,IGMP Querier
I Management Fast Boot,Express Setup,Web Device Manager,Cisco Network Assistant',Cisco Prime's platforml,MIB,
SmartPort,SNMP,syslog,Storm-Control-Unicast,Multicast,Broadcast,SPAN Sessions,•RSPAN,DHCP Server,
Customized TCAM/SDM size configuration,DOM(digital optical management)
Industrial Ethernet CIP Ethemet/IP,Profinet v2 MRP(IEC 62439-2),IEEE 1588 PTP v2,NTP to PTP translation,CIP Time Sync
Quality of Service Ingress Policing.,Rate-Limit,Egress Queueing/shaping,AutoQoS,Modular QGS CLI(MQC)
Layer 2 IPv6 IPv6 Host support,HTTP over IPv6,SNMP over IPv6
•
Layer 3 Routing IPv4 Static Routing - - -
Industrial Management Layer 2 switching with 1:1 static Network Address Translation(NAT)
Utility- Power Profile,dying gasp,GOOSE messaging,SCADA protocol classification,MODBUS TCP/IP,utility SmartPort
Imacro,BFD,Ethernet OAM,IEEE 802.3ah,CFM(IEEE 802.1ag) -
1 Support after product General Availability
Table 8. Cisco IE 4000 IP Services:Key Software Features
IP Services License Additional Features
IIP Multicast PIM sparse mode(PIM-SM),PIM dense mode(PIM-DM),and PIM sparse-dense mode
Industrial Management Embedded Event Manager(EEM) '
IP Unicast Routing OSPF,EIGRP,BGPv4,IS-IS,RIPv2,Policy-Based Routing(PBR),HSRP
Protocols
Cisco Express Hardware routing architecture delivers extremely high-performance IP routing
Forwarding -
IPv6 Routing RIPng,OSPFv6,and EIGRPv6 support
t Security IEEE 802.1AE MACsec,Security Group Access Control Lists(SGACL) •
Virtualization VRF-lite
To enable PROFINET MRP (IEC 62439-2)functionalities on the 1E4000 switches the relevant SW license, listed in
table 3 should be ordered.
Table 9. Compliance Specifications
Type Standards
Electromagnetic FCC 47 CFR Part 15 Class A
Emissions EN 55022A Class A
VCCI Class A
AS/NZS CISPR 22 Class A -
CISPR 11 Class A
CISPR 22 Class A
j ICES 003 Class A
CNS13438 Class A
•
1 KN22
Electromagnetic EN55024
Immunity CISPR 24
AS/NZS CISPR 24 _—-
©2016 Cisco and/or its affiliates.All rights reserved.This document is Cisco Public Information. Page 6 of 11
----- -------
Type Standards
KN24
1 EN 61000-4-2 Electro Static Discharge
EN 61000-4-3 Radiated RF
EN 61000-4-4 Electromagnetic Fast Transients
N 61000-4-5 Surge
EN 61000-4-6 Conducted RF
I EN 61000-4-8 Power Frequency Magnetic Field
EN 61000-4-9 Pulse Magnetic Field
EN 61000-4-11 AC Power Voltage
EN 61000-4-18 Damped Oscillatory Wave
I EN-61000-4-29 DC Voltage Dips
i
.Industry Standards EN 61000-6-1 Light Industrial EN 61000-6-2 Industrial
EN 61000-6-4 Industrial
EN 61326 Industrial Control
EN 61131-2 Programmable Controllers
Substation KEMA(IEEE 1613,IEC 61850-3)
NEMA TS-2(EMC,environmental,mechanical)
IEEE 1613 Electric Power Stations Communications Networking
IEC 61850-3 Electric Substations Communications Networking
EN50155 Railway-Electronic Equipment on Rolling Stock(EMC,ENV,Mech)
i EN50121-4 Railway-Signaling and Telecommunications Apparatus
EN50121-3-2 Railway-Apparatus for Rolling Stock ODVA Industrial EtherNet/IP
PROFINET conformance B
IP30(per EN60529)
Safety Standards and Information Technology Equipment:
Certifications '
i UL/CSA 60950-1
EN 60950-1
CB to IEC 60950-1 with all country deviations l'
NOM to NOM-019-SCFI(through partners and distributor)
{Industrial Floor(Control Equipment):
UL 508
CSA C22.2,No 142
Hazardous Locations:
ANSI/ISA 12.12.01 CSA C22.2 No 213
IEC 60079-0,-15 IECEx test report
EN 60079-0,-15 ATEX certification(Class I Zone 2)Cabinet enclosure required
Operating Environment 'Operating Temperature:-40C to+75C
• -40C to+70C(Vented Enclosure Operating)
• -40C to+60C(Sealed Enclosure Operating)
• -34C to+75C(Fan or Blower equipped Enclosure Operating)
EN 60068-2-1
j EN 60068-2-2
EN 61163
Altitude:up to 15,000 feet
� I
'Storage Environment I Temperature:-40 to+85 degrees C
Altitude:15,000 feet
IEC 60068-2-14
.Humidity Relative humidity of 5%to 95%non-condensing
IEC 60068-2-3
IEC 60068-2-30
Shock and Vibration IEC 60068-2-27(operational shock,50G,11ms,Half Sine)
IEC 60068-2-27(Non-Operational Shock,65-80G,9ms,Trapezoidal)
IEC 60068-2-6,IEC 60068-2-64,EN 61373(Operational Vibration)
IEC 60068-2-6,IEC 60068-2-64,EN 61373(Non-operational Vibration)
©2016 Cisco and/or its affiliates.All rights reserved.This document is Cisco Public Information. Page 7 of 11
Type Standards
Corrosion ISO 9223:Corrosion
class C3-Medium
class C4-High
EN 60068-2-52(Salt Fog)
EN 60068-2-60(Flowing Mixed Gas)
1 Others I RoHS Compliance
China RoHS Compliance
TAA(Government) •
CE(Europe)
Warranty Five-year limited HW warranty on all IE-4000 PIDs and all IE Power Supplies(see table 3 above).See link below for
more details on warranty
I Mean Time Between IE-4000-4TC4G-E:578,730 Hours
Failure(MTBE)_ IE-4000-8T4G-E:591,070 Hours
IE-4000-8S4G-E:583,700 Hours
IE-4000-4T4P4G-E:562,300 Hours
IE-4000-16T4G-E.558,310 Hours - - - -
IE-4000-4S8P4G-E:535,880 Hours -
' IE-4000-8GT4G-E:591,240 Hours , •
IE-4000-8GS4G-E:583,700.Hours
IE-4000-4GC4GP4G-E:550,940 Hours
IE-4000-16GT4G-E:558,630 Hours -
IE-4000-8GT8GP4G-E:519,190 Hours. -
IE4000-4GS8GP4G-E:536,220 Hours
Table 10. Management and Standards
Description Specification
IEEE Standards • IEEE 802.1 D MAC Bridges,STP • IEEE 802.3af Power over Ethernet
• IEEE 802.1p Layer2 COS prioritization • IEEE 802.3at Power over Ethernet Plus
• IEEE 802.1q VLAN • IEEE 802.3ah 100BASE-X SMF/MMF only
• IEEE 802.1s Multiple Spanning-Trees • IEEE 802.3x full duplex on 10BASE-T
• IEEE 802.1w Rapid Spanning-Tree • IEEE 802.3 10BASE-T specification
• IEEE 802.1x Port Access Authentication • IEEE 802.3u 100BASE-TX specification
• IEEE 802.1AB LLDP • IEEE 802.3ab 1000BASE-T specification
• IEEE 802.3ad Link Aggregation(LACP) • IEEE 802.3z 1000BASE-X specification
• IEEE 802.3af Power over Ethernet-provides up to • IEEE 1588v2 PTP Precision Time Protocol
15.4W DC power to each end device
• IEEE 802.3at Power over Ethernet provides up to
25.5W DC power to each end device
RFC Compliance • RFC 768:UDP • RFC 1305:NTP
• RFC 783:TFTP • RFC-1492:TACACS+
• RFC 791:IPv4 protocol • RFC 1493:Bridge MIB Objects
• RFC 792:ICMP • RFC 1534:DHCP and BOOTP interoperation
• RFC 793:TCP • RFC 1542:Bootstrap Protocol
• RFC 826:ARP • RFC 1643:Ethernet Interface MIB
• RFC 854:Telnet •"RFC 1757:RMON
• RFC 951:BOOTP • RFC 2068:HTTP
• RFC 959:FTP • RFC 2131,2132:DHCP
• RFC 1157:SNMPv1 • RFC 2236:IGMP.v2
• RFC 1901,1902-1907 SNMPv2 • RFC 3376:IGMP v3
• RFC 2273-2275:SNMPv3 j • RFC 2474:DiffSery Precedence
• RFC 2571:SNMP Management • RFC 3046:DHCP Relay Agent Information Option
• RFC 1166:IP Addresses • RFC 3580:802.1x RADIUS
• RFC 1256:ICMP Router Discovery • RFC 4250-4252 SSH Protocol
©2016 Cisco and/or its affiliates.All rights reserved.This document is Cisco Public Information. Page 8 of 11
-- ---- -- ----
Description Specification
SNMP MIB Objects I • BRIDGE-MIB • CISCO-SNMP-TARGET-EXT-MIB
• CALISTA-DPA-MIB •
i • CISCO-STACK-MIB
• CISCO-ACCESS-ENVMON-MIB • CISCO-STACKMAKER-MIB
• CISCO-ADMISSION-POLICY-MIB • CISCO-STP-EXTENSIONS-MIB
• CISCO-AUTH-FRAMEWORK-MIB • CISCO-SYSLOG-MIB
• CISCO-BRIDGE-EXT-MIB • CISCO-TCP-MIB
• CISCO-BULK-FILE-MIB ! • CISCO-UDLDP-MIB
• CISCO-CABLE-DIAG-MIB • CISCO-VLAN-IFTABLE-RELATIONSHIP-MIB
• CISCO-CALLHOME-MIB • CISCO-VLAN-MEMBERSHIP-MIB
• CISCO-CAR-MIB • CISCO-VTP-MIB
• CISCO-CDP-MIB • ENTITY-MIB
• CISCO-CIRCUIT-INTERFACE-MIB • ETHERLIKE-MIB
• CISCO-CLUSTER-MIB • HC-RMON-MIB
• CISCO-CONFIG-COPY-MIB • IEEE8021-PAE-MIB
• CISCO-CONFIG-MAN-MIB • IEEE8023-LAG-MIB
• CISCO-DATA-COLLECTION-MIB • IF-MIB
• CISCO-DHCP-SNOOPING-MIB • IP-FORWARD-MIB
• CISCO-EMBEDDED-EVENT-MGR-MIB • LLDP-EXT-MED-MIB
• CISCO-ENTITY-ALARM-MIB • LLDP-EXT-PNO-MIB
• CISCO-ENTITY-VENDORTYPE-OID-MIB • LLDP-MIB
• CISCO-ENVMON-MIB • NETRANGER
• CISCO-ERR-DISABLE-MIB • NOTIFICATION-LOG-MIB
• CISCO-FLASH-MIB • OLD-CISCO-CHASSIS-MIB
! I • CISCO-FTP-CLIENT-MIB • OLD-CISCO-CPU-MIB
• CISCO-IF-EXTENSION-MIB • OLD-CISCO-FLASH-MIB
• CISCO-IGMP-FILTER-MIB • OLD-CISCO-INTERFACES-MIB
• CISCO-IMAGE-MIB • OLD-CISCO-IP-MIB
• CISCO-IP-STAT-MIB • OLD-CISCO-MEMORY-MIB
• CISCO-LAG-MIB • OLD-CISCO-SYS-MIB<
• CISCO-LICENSE-MGMT-MIB • OLD-CISCO-SYSTEM-MIB
• CISCO-MAC-AUTH-BYPASS-MIB • OLD-CISCO-TCP-MIB
• CISCO-MAC-NOTIFICATION-MIB • OLD-CISCO-TS-MIB
• CISCO-MEMORY-POOL-MIB • RMON-MIB
• CISCO-PAE-MIB • RMON2-MIB
• CISCO-PAGP-MIB • SMON-MIB
• CISCO-PING-MIB i • SNMP-COMMUNITY-MIB
• CISCO-PORT-QOS-MIB • SNMP-FRAMEWORK-MIB
• CISCO-PORT-SECURITY-MIB • SNMP-MPD-MIB
• CISCO-PORT-STORM-CONTROL-MIB • SNMP-NOTIFICATION-MIB
• CISCO-PRIVATE-VLAN-MIB • SNMP-PROXY-MIB
• CISCO-PROCESS-MIB • SNMP-TARGET-MIB
• CISCO-PRODUCTS-MIB • SNMP-USM-MIB
• CISCO-RESILIENT-ETHERNET-PROTOCOL-MIB • SNMP-VIEW-BASED-ACM-MIB
• CISCO-RTTMON-ICMP-MIB • SNMPv2-MIB
• CISCO-RTTMON-IP-EXT-MIB j • TCP-MIB
• CISCO-RTTMON-MIB • UDP-MIB
•
• CISCO RTTMON-RTP-MIB
©2016 Cisco and/or its affiliates.All rights reserved.This document is Cisco Public Information. Page 9 of 11
Table 11. SFP Support
Part Number Specification SFP Type Max Distance Cable Type Temp Ranger DOM Support
I GLC-FE-100FX-RGD= 1 100BASE-FX FE 2km MMF IND Yes
GLC-FE-100LX-RGD 1 100BASE-LX10 FE 110km _ SMF IND Yes
GLC-FE-100FX= I 100BASE-FX I FE 2km 1 SMF COM I No
i GLC.FE-100LX= 1100BASE-LX10 fFE 1 10km , 1 SMF �COM. I No
i FE i 40km SMF i COM �No
GLC-FE-100EX= I100BASE-EX I I
�
1,GLC-FE-100ZX= 1 100BASE=ZX FE. 180km SMF_ j COM I No
1 GLC-FE-100BX-D= �100BASE-BX10 FE 10km SMF COM i No
I GLC-FE-100BX-U= 100BASE-BX10 FE . 10km SMF COM I Yes -
i GLC-SX-MM-RGD= 1000BASE-SX I GE 550m MMF IND Yes
GLC-LX-SM-RGD=- 11000BASE-LX/LH . ' .i GE 1550M/10km i MMF/SMF j IND I Yes
1 GLC-ZXSM-RGD= 1000BASE-ZX GE 70km SMF IND Yes
GLC-BX40-U-l= 1000BASE-BX40 {GE f 40km SMF. IND. Yes •
GLC-BX40-D-I= 1000BASE-BX40 GE 40km SMF IND Yes
IGLC-BX40-DA-l= 1000BASE-BX40 GE _ 40km SMF - 1111 IND Yes •
1 GLC-BX80-U-l= 1000BASE-BX80 GE 80km SMF IND Yes
k GLC-BX80-D-1= 1000BASE-BX80 - GE i 80km SMF IND Yes
I GLC-SX-MMD= 1000BASE-SX GE 550m MMF EXT Yes
GLC-LH-SMD= _ 1000BASE-LX/LH GE I550m/10km MMF/SMF. EXT Yes .
/ - - -_ - -- - - - _ -
i GLC-EX-MMD= 1000BASE-EX GE 40km SMF EXT Yes
1 GLC-ZX-MMD= i __ 1000BASE-ZX_ GE ' - 70km • SMF EXT Yes -
GLC-BX-D= 1000BASE-BX10 GE 10km SMF COM Yes
GLC-BX-U= 1000BASE-BX10 GE 10km ' SMF- COM I Yes
CWDM-SFP-xxxx=(8 freq) CWDM 1000BASE-X GE SMF COM Yes
DWDMSFP-xxxx=(40 freq) 1 DWDM 1000BASE-X GE SMF i COM ' Yes '
SFP-GE-S= 1000BASE-SX I GE 550m MMF EXT Yes
SFP-GE-L= t 1000BASE=LX/LH GE 550m/10km MMF/SMF EXT 'Yes
SFP-GE-Z= 1 1000BASE-ZX GE 70km i SMF EXT Yes
GLC-SX-MM= 1000BASE-SX GE _550m MMF COM No
GLC-LH-SM= 1000BASE-LX/LH GE 550m/10km MMF/SMF COM No
I GLC-ZX-SM= i 1000BASE-ZX I GE 70km . SMF COM i Yes
GLC-TE= i 1000BASE-T 'GE 100m I Copper EXT NA
?GLC-T= i 1000BASE-T I GE 100m Copper COM NA
Note: Not all SFPs supported in all SW versions. For first software release supporting SFP refer to
http://www.cisco.com/en/US/products/hw/modules/ps5455/products device support tables list.html
-If non industrial(i.e.,EXT,COM)SFPs are used the switch operating temperature must be derated.
MMF=multi-mode fiber
SMF=single-mode fiber
©2016 Cisco and/or its affiliates.All rights reserved.This document Is Cisco Public Information. Page 10 of 11
r- _ .Kra= __�
Warranty Information
Warranty information for the IE 4000 is available on http://www.cisco-servicefinder.com/warrantyfinder.aspx.
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iillliill .
CISCO-
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Cisco Systems,Inc. Cisco Systems(USA)Pte.Ltd. Cisco Systems International BV Amsterdam.
San Jose,CA Singapore The Netherlands
Cisco has more than 200 offices worldwide.Addresses,phone numbers,and fax numbers are listed on the Cisco Website at www.cisco.com/go/offices. —
w Cisco and the Cisco logo are trademarks or registered trademarks of Cisco and/or its affiliates in the U.S.and other countries.To view a list of Cisco trademarks. __
�'a go to this URL:www.cisco.com/go/trademarks. Third party trademarks mentioned are the property of their respective owners.The use of the word partner does
not imply a partnership relationship between Cisco and any other company.(1110R)
Printed in USA C78-733058-08 08/16
©2016 Cisco and/or its affiliates.All rights reserved-This document is Cisco Public Information. Page 11 of 11
FAFLBID I 0002 Optical Connectivity
I
(- -- Poli-MOD® Patch and Splice Module
_ .� AFL's new Poli-MOD is an innovative patch and splice module,which offers an
,,/ : > , = '-_ inventive and effective means to accommodate up to 24 fiber interconnections in an
1 , ^�`t^" ,~ industry-standard, single-slot LGX®118 footprint.The new Poli-MOD offers a unique and
l � j i; - robust way to secure cable without the need for time-wasting,tie-wrap alternatives.
°-.- Additionally,the module leverages a creative snap-in splice sleeve cradle to securely
-
V: - - manage both single and ribbon fiber arrangements.These features provide the capacity
\� / to outfit a standard 4RU rack-mount panel with up to 288-fiber interconnections.
12 Fiber SC/UPC Configuration The Poli-MOD is also offered in an arrangement that supports the low loss budget
_ requirements of Distributed Antenna System (DAS) networks.This is accomplished
• through the elimination of an interconnection point while providing a robust splicing
environment for rack and wall-mount panel applications.
ki
''' ,,= ,?,
l Features
R ' 'lt,'1 '1,r • 24-fiber interconnection capacity
z -_ _ • LGX 118 compatibility(single-slot module)
• Effective and time-saving cable mounting mechanism(no tie-wraps necessary)
_ ! R_ • Inventive splice sleeve cradle
�� ., •• Available in SC, LC,ST and FC connector arrangements
=J • Organized fiber routing
• Fixed solution,no moving parts
�I�— • Multi-directional cable entry access
� • DIN rail mountable(with DIN Mount Kit)
A
`_,,' Applications
`e ,r� - ',I . • Telecommunications Closets
A'\,..-',.- 401,,%,, .•- =_. .'r ` • Data Centers
�-
_ . _ =_.� > -_
• Customer Premise
J • Local Area Networks
DAS Poli-MOD • Wide Area Networks
• Central Offices
,`j .. • Hub Sites
/ a'- • Cabinets
. -- X444 • Remote Terminals
=� • Distributed Antenna Systems(DAS)
. .\4-1.
4
\ - /
LGX is a registered trademark of Furukawa Electric North America,Inc.
www.AFLglobal.com or (800)235-3423 ©2013,AFL,all rights reserved.PP-2-00089,Revision 4, 8.6.15
Specifications are subject to change without notice.
1
FAFLOptical Connectivity
r
Poli-MOD® Patch and Splice Module
Ordering Information
Example:PM-L-12-ASC-0-S-01
• PM - — I — 12 — ASC — 0 — S -- — 01
Configuration Fiber/Connector Count Connector Type' Fiber Type Fiber Arrangement Packaging
E=Empty(Splidng Only) 06=6 Fibers/Connectors ASC=Angle-Polished SC 0=Single-mode S=Single/Standard 01=1 Poli-MOD per box`
H=Half Loaded 12=12 Fibers/Connectors USC=Ultra-Polished SC (G.657.A1 BIF) R=Ribbon 06=6 Poli-MODS per box
(Adapter Plate only) 24=24 Fibers/Connectors' PSC=Multimode SC 1=62.5 pm(OW)
L=Loaded ALC=Angle-Polished LC 3=3 mm,3 meter DAS 12=12 Poli-MODs per box
(Adapter Plate&Pigtails) =Empty 9 2=50 pm(OM2) X=No Fiber
D=DAS Poli-MOD' ULC=Ultra-Polished LC 3=50 pm(0M3)
PLC=Multimode LC (Half Loaded or Empry)
UST=Ultra-Polished ST 4=50 pm(0M4)
PST=Multimode ST X=Empty
AFC=Angle-Polished FC
UK=Ultra-Polished FC
PEC=Multimode FC
1.DAS Poli-MOD requires specialty packaging and is packaged as'1 Pot-MOD per box'ONLY. XXX=Empry
2.24 Fibers/Connectors are only available in a LC Duplex configuration.
3.Angle and Ultra-Polished connector types are only available with single-mode fiber configurations.
Connector Color Codes Poli-MOD Kits/Accessories
CONNECTOR COLOR DESCRIPTION AFL NO.
k APC(Angled Polish Connector) I Green - Poli-MOD Cable Mounting Clip Kit FM003053
I UPC(Ultra Polish Connector) I Blue I Poli-MOD Spiral Wrap Kit FM003280
I PC-OM1 I Beige I Fusion Splice Sleeve,FP-03,40 mm • S000206 - -
PC-0M2 I Black Adapter Bracket for Mounting Single Poli-MOD,angled FM000948-B
I PC-0M3/PC-0M4 I Aqua 1 -Adapter Bracket for Mounting Single Poll-MOD,flat FM003589-B
Corning CCH and PCH 145 mm Adapter Bracket FM001636
DIN Mount Kit,LGX®118 FM003394
Dimensions
6.07 in.(154 mm) 1.14 in.
r(29 mm)1
Mall
:I. I
® ® 1 1
I
1
I L
4.14 in. I 5.12 in.
(105 mm) AF177 I (130 mm)
I 1
III
. . .
LI 11 I
1:121 IlimiL
www.AFLgIobal.com or (800)235-3423 ©2013,AFL,all rights reserved.PP-2-00089,Revision 4, 8.6.15
Specifications are subject to change without notice.
2
ngeiori
BID ITEM 0003
I�' b. JOHN DRAKE EQUIPMENT QUOTE
w^� 1700 Carnegie Ave.Suite 100 Quote#: 032917-5-JGD
Santa Ma,CA 92705-5551
Phone:(512)592-9567
email:jgd@iteris.com,web site:www.iteris.com
Ed Kupferer , ekupferer@cl pearland bc.us
2 Hump a Y'-� sus EAGL• �� te'.=
Agency March 29,2017
Project Name COMM CABINET
ITEM# DESCRIPTION;.._ NOTES QTY SUPPLIER' `UNITPRICEi: 41CT.PRICE
COMM CABINET WITH POWER
PANEL,SURGE SUPPRESSION AND 4
ITEM OUTLET POWER STRIP 15 WWI& 411111111010
EL762TX1 BBS CABINET SHELL 15
AAD16669-001 TXDOT BBS POWER PANEL 15
100102001 FAN&THERMO KIT NEMA 15
4-OUTLET BOX 4 OUTLET POWER STRIP 15
Fax oremail Purchase Orders to Marlyn Holden (949)270.9441-�mdh@iteris:com please include quote number-ort your a ��
purchase order _.._-, a . V,,,"r
• ,+ �SUBTOTA�� �*c: r'lliPINI*
Quote Terms Net30 days sublectto creditapproval and Iteris Standard Terms&Conditions unless negotiatedIn wntmg with
Iteris,;lncpriorfo`_'purchase 1;-. .s; .. . ._..,. FREIGHT PPD
Pnces are valid for30 days hoin the date'of ................................................ TAX 0.00%
FOB Oestlnation:freight included does not include insurance Equipmentfrom this quotemay only be installed ie the State of
Texasi" = DISCOUNT 0.00%
This-quotation and any resulting orderareresubjectto,ltens Roadway Sensor Products Standard Terns and Conditionsof Sale
attached.hereto o�available athttp.//wwwateris:com/RS Std 7Gpdf which ate.incorporated hereinbythi;_reference- €TOTAL= _�
1 i
c.AFL BID ITEM 0004 Optical Connectivity
Xpress Fiber Management® (XFM®)
_ 4RU Patch Panel
•
ri 0 The Xpress Fiber Management(XFM)4RU patch panel is a rack mountable interconnect
point specifically designed to manage dense fiber applications. Based on the LGX°
"'). intermateability platform,the panel is fully compatible with AFL's XFM Optical Cassette,
Poli-MOD®and WDM solutions,offering enhanced management of densities up to
288F using MTP/MPO,single fiber,or patch and splice methodologies. Routing rings on
the top and bottom of the front panel provide enhanced cable routing allowing cable
assemblies to exit comfortably.This panel can be provisioned with a key lock at the time
of order for secure environments.
C C
1000 ,�
U,, Features Applications
Aluminum construction o Data Centers
. m _. 0" ` e Textured black powder coat finish © Enterprise Networks
® Universal WECO/TIA 19"/23" rack © Telecommunications Closets
compatibility 0 Central Offices/Headends
® (12)LGX 118 adapter plate/module
mounting positions
Mounting depth adjustable from flush
to 8" in 1" increments
Specifications
DEPTH(A) FRONT WIDTH(B) REAR WIDTH(C) HEIGHT(D) RACK UNLOADED
IN INCHES IN INCHES IN INCHES IN INCHES UNITS CAPACITY WEIGHT
15.5 17 15 7 4 (12)LGX 118 9 lbs.
Ordering Information
DESCRIPTION MODEL NO. AFL NO.
Xpress Fiber Management 4U Patch Panel,Black,Empty XFM-4U-B-0 FM001090-B
Xpress Fiber Management 4U Patch Panel,Black,Empty,Key Lock XFM-4U-B-K FM001218-B
O tom:
1 Ram
t r
Made in USA
LOX is a registered trademark of Furukawa Electric North America,Inc.
www.AFLglobal.com or (800)235-3423 ©2008,AFL,all rights reserved.PP-2-00115,Revision 5, 4.27.17
Specifications are subject to change without notice.
1
ii:AFLI BID ITEM 0005 Optical Connectivity
y
,
Xpress Fiber Management® (XFM®)
r fact 5RU Shelf
e:. / . -; The Xpress Fiber Management(XFM) 5RU Shelf is a rack mountable interconnect panel
r U m 1
„r� �. � = specifically designed to manage fibers in Wavelength Division Multiplexing(WDM)
7f:: applications or in situations where fiber entry will occur only at the front entrance of
-"_—_�_ -� . the panel. Based on the LGX®intermateability platform,the panel is fully compatible
with AFL's WDM,XFM®Optical Cassette and Poli-MOD®solutions. Routing rings on the
bottom of the front panel allow cable assemblies to exit comfortably,while the back of
the panel is left open to reduce size and weight.
k2727;1121f44f1
_ '�� p The XFM Shelf can be conveniently mounted at three depths within the rack which
- : :, :,.v. t;:,,'\
( : " 411{' ' ' – includes aflush-mount option.The XFM Shelf also features a clear,removable front door
_ 'f and a pull-out cable designator card.
-- _ _ Features Applications
9 Aluminum construction ® Central Offices/Headends
® Textured black powder coat finish o Data Centers
g_ ` - o Universal WECO/TIA 19"/23" rack ® Wavelength Division Multiplexing
compatibility
o (12) LGX 118 module mounting
positions
o ,
fes ' �/
Specifications
I n , , '►J IDEPTH(A) FRONT WIDTH(B) REAR WIDTH(C) HEIGHT(D) RACK UNLOADED
II• �, • ;
I I ; IN INCHES* IN INCHES IN INCHES IN INCHES UNITS CAPACITY WEIGHT
•j 'U J l I' 1 1 7.5 17 17 8.75. 5 (12)LGX 118 4lbs:_
='" - *Does not include installed modules
Ordering Information
DESCRIPTION AFL NO.
Xpress.Fiber.;Management 5RU Patch Panel,Shelf,Black FM003626
p,/m t
(see dimensions above)
D
0
Ik; ri
j k O
LGX is a registered trademark of Furukawa Electric North America,Inc.
www.AFLglobal.com or (800)235-3423 ©2016,AFL,all rights reserved.PP-2-00237,Revision 0,1.18 15
Specifications are subject to change without notice.
173
i:AFIL BID ITEM 0006 Optical Connectivity
Y
Wall Mount Interconnect Enclosure (WME)
er with One LGX® Mounting Position
AFL's wall mount interconnect enclosure(WME01)provides a convenient convergence
point for interconnecting and/or splicing in wall mount applications. Provisioned for one
:1 LGX-compatible adapter plate or optical module,the enclosure features a well-engineered
solution for fiber and cable management on both the top and bottom openings of the
-- enclosure.Robust steel construction ensures the highest level of protection for sensitive
components while integrated roll-formed hinges eliminate possible fiber pinch points.
WME01 The WME01 features a front access door which is lockable with a common pad-lock or
tube-style keyed lock.
Features
j `► . • Fits comfortably into new and existing interconnect,cross-connect and
+I co-location environments
- ' U-shaped cable entry eliminates the need to feed preconnectorized cables through
an inconvenient access port
Modular design fully compatible with Poll-MOD®products and XFM®optical cassettes
® Locking option for flexibility and security
1 I 0 Available empty,with adapters,or with adapters,splice chip and pigtails pre-installed
LGX 118 compatible
G Optional DIN rail mounting kit(sold separately)
® All major connector types are supported
WME01 rear mounting clip for DIN rail
Applications
G Co-Location sites
o Customer premise
® Hub/OTN sites
o Telecommunication closets
o• ° Campus/enterprise environments
Specifications
-4434
7--7.21B s ° Solid steel construction
- _ ; _ ° Powder coat black textured finish
rAFL. ° Top or bottom cable entry with dust resistant grommets
� ° Single-hasp locking/security system
o 12 to 24 fiber patch and splice density
WME01 with DIN rail mounting kit ° One LGX mounting position
o Physical dimensions: 5.6"H x 7"W x 1.5"D
o Empty version weight:2.0 lbs.
LGX is a registered trademark of Furukawa Electric North America,Inc.
www.AFLgIobalcom or (800)235-3423 ©2016,AFL,all rights reserved.PP-2-00236,Revision 1,2.15.16
Specifications are subject to change without notice.
42
ri#AFL
Optical Connectivity
Wall Mount Interconnect Enclosure (WME)
with One LGX® Mounting Position
Ordering Information
EMPTY
DESCRIPTION AFL NO.
WMEO1 Empty WME01E
HALF LOADED: WME WITH ADAPTER PLATES AND ADAPTERS ONLY
CONN. FIBER AFL NO.
TYPE CT. UPC SM(BLUE) APC SM(GREEN) PC MM 62.5(BEIGE) PC MM 50(BLACK) PC MM OM3(AQUA) PC MM 0M4(AQUA)
SC 6 WMEO1AS-USCSM-006000 WMEO1AS-ASCSM-006000 WMEO1AS-PSCM6-006000 WMEOIAS-PSCM5-006000 WMEO1AS-PSCML-006000 WMEO1AS-PSCMC-006000'
12 WMEO1AS-USCSM-012000 WMEO1AS-ASCSM-012000 WME01AS-PSCM6-012000 WMEOIAS-PSCM5-012000 WMEO1AS-PSCML-012000 WMEO1AS-PSCMC-012000
LC 6 WMEO1AS-UDLSM-006000 WME01AS-ADLSM-006000 WMEOIAS-PDLM6-006000 WMEO1AS-PDLM5-006000 WMEO1AS-PDLML-006000 WMEO1AS-PDLMC-006000
12 WMEO1AS-UDLSM-012000 WMEO1AS-ADLSM-012000 WMEO1AS-PDLM6-012000 WMEO1AS-PDLM5-012000 WMEO1AS-PDLML-012000 WMEO1AS-PDLMC-012000
24 WME01AH-UDLSM-024000 WMEO1AH-ADLSM-024000 WMEO1AH-PDLM6-024000 WMEO1AH-PDLM5-024000 WMEO1AH-PDLML-024000 WMEO1AH-PDLMC-024000
ST 6 WMEO1AS-USTSM-006000 — WMEOIAS-PSTM6-006000 WMEO1AS-PSTM5-006000 WMEO1AS-PSTML-006000 WMEO1AS-PSTMC-006000
12 WMEO1AS-USTSM-012000 — WMEO1AS-PSTM6-012000 WMEOIAS-PSTM5-012000 WMEO1AS-PSTML-012000 WMEO1AS-PSTMC-012000
FC 6 WMEO1AS-UFCSM-006000 WMEO1AS-AFCSM-006000 WMEO1AS-PFCM6-006000 WMEO1AS-PFCM5-006000 WME01AS-PFCML-006000 WMEO1AS-PFCMC-006000
12 WMEO1AS-UFCSM-012000 WMEO1AS-AFCSM-012000 WMEO1AS-PFCM6-012000 WMEO1AS-PFCM5-012000 WMEO1AS-PFCML-012000 WMEO1AS-PFCMC-012000
;LOADED.WME WITH ADAPTER PLATES/ADAP IERSYSPLICE CHIPIPIGTAIL(900;pm TIGHT°BUFFERED FIBERS`3-METERS-IN LENGTH)
CONN. FIBER AFL NO.
TYPE CT. UPC SM(BLUE) APC SM(GREEN) PC MM 62.5(BEIGE) PC MM 50(BLACK) PC MM 0M3(AQUA) PC MM 0M4(AQUA)
SC 6 WMEO1FSUSCSM-0061 CO WMEO1FS-ASCSM-006100 i WMEO1FS-PSCM6-0061C0 WMEO1FS-PSCM5.0061C0 I WMEO1FS-PSCML-006100 WMEO1FS-PSCMC-0061C0
12 I WMEO1FS-USCSM-012100 WME01FS-ASCSM-0121C0 j WMEO1FS-PSCM6-0121C0 WMEO1FS-PSCM5-012100 WMEO1FS-PSCML-0121C0 WMEO1FS-PSCMC-0121C0
LC 6 WMEO1FS-UDLSM-0061 C0 WMEO1FS-ADLSM-006100 WMEO1FS-PDLM6-0061 C0 WMEO1FS-PDLM5-0061 C0 WMEO1FS-PDLML-0061 C0 WMEO1FS-PDLMC-006100
12 WMEO1FS-UDLSM-0121C0 WMEO1FS-ADLSM-0121C0 WMEO1FS-PDLM6-0121C0 WMEO1FS-PDLM5-0121 C0 WMEO1FS-PDLML-012100 WMEO1FS-PDLMC-0121C0
24 WMEO1FH-UDLSM-0241 C0 WMEO1FH-ADLSM-0241 C0 WMEO1FH-PDLM6-0241 C0 WMEO1FH-PDLM5-0241 C0 WMEO1FH-PDLML-0241 C0 WMEO1FH-PDLMC-0241 C0
ST 6 WMEO1FS-USTSM-0061 C0 — WMEO1FS-PSTM6-0061 C0 WMEOIFS-PSTM5-0061 C0 WMEO1FS-PSTML-0061 C0 WMEO1FS-PSTMC-0061 C0
12 WMEO1FS-USTSM-0121C0 — WMEO1FS-PSTM6-0121C0 WMEO1FS-PSTM5-0121C0- WMEO1FS-PSTML-012100 WME01FS-PSTMC-0121C0
FC 6 WMEO1FS-UFCSM-006100 WMEO1FS-AFCSM-006100 WMEO1FS-PFCM6-0061C0 WMEO1FS-PFCM5-0061 C0 WMEO1FS-PFCML-006100 WMEO1FS-PFCMC-006100
12 WMEO1FS-UFCSM-0121C0 WMEO1FS-AFCSM-0121C0 WMEO1FS-PFCM6-0121C0 WMEO1FS-PFCM5-0121 C0 WMEO1FS-PFCML-012100 WME01FS-PFCMC-0121C0
ACCESSORIES
DESCRIPTION AFL NO.
DIN Mount Kit,LGX®118(Nylon DIN Clips and Screws) FM003388
Connector/Adapter Key
TYPE DESCRIPTION TYPE DESCRIPTION _TYPE DESCRIPTION
ASC Angle Polish SC(ZR)sleeve-SM PST Physical Polish ST(PB)sleeve-MM ADL Angle Polish LC Duplex(ZR)sleeve-SM
ASF Angle Polish SC Duplex(ZR)sleeve-SM UST Ultra Polish ST(ZR)sleeve-SM PDL Physical Polish LC Duplex(PB)sleeve-MM
PSC . Physical Polish SC(PB)sleeve-MM AFC Angle Polish FC(ZR)sleeve-SM PLC Physical Polish LC(PB)sleeve-MM
PSF Physical Polish SC Duplex(PB)sleeve-MM PFC Physical Polish FC(PB)sleeve-MM UDL Ultra Polish LC Duplex(ZR)sleeve-SM
USC Ultra Polish SC with(ZR)sleeve-SM UFC Ultra Polish FC(ZR)sleeve-SM ULC Ultra Polish LC(ZR)sleeve-SM
USF Ultra Polish SC Duplex(ZR)sleeve-SM
LGX is a registered trademark of Furukawa Electric North America,Inc.
www.AFLglobal.com or (800)235-3423 ©2016,AFL,all rights reserved.PP-2-00236,Revision 1,2.15.16
Specifications are subject to change without notice.
43
618
Item 618 *®
ConduitDepaTexas
rtrnent
of Transportation
. DESCRIPTION
Furnish and install conduit.
2. MATERIALS
Provide new materials that comply with the details shown on the plans,the requirements of this Item,and the
pertinent requirements of the following Items:
■ Item 400,"Excavation and Backfill for Structures"
• Item 476,"Jacking, Boring,or Tunneling Pipe or Box"
When specified on the plans,provide:
■ rigid metal conduit(RMC);
• intermediate metal conduit(IMC);
• electrical metallic tubing(EMT);
• polyvinyl chloride(PVC)conduit;
• high density polyethylene(HDPE)conduit;
• liquidtight flexible metal conduit(LFMC);or
• liquidtight flexible nonmetallic conduit(LFNC).
Furnish conduit from new materials in accordance with DMS-11030,"Conduit."
Provide prequalified conduit from the Department's MPL.When required by the Engineer,notify the
Department in writing of selected materials from the MPL intended for use on each project.
Provide other types of conduit not on the MPL that comply with the details shown on the plans and the NEC.
Fabricate fittings such as junction boxes and expansion joints from a material similar to the connecting
conduit, unless otherwise shown on the plans. Use watertight fittings.Do not use set screw and pressure-cast
fittings.Steel compression fittings are permissible.When using HDPE conduit,provide fittings that are UL-listed
as electrical conduit connectors or thermally fused using an electrically heated wound wire resistance welding
method.
Use red 3-in.4-mil polyethylene underground warning tape that continuously states"Caution Buried
Electrical Line Below."
3. CONSTRUCTION
Perform work in accordance with the details shown on the plans and the requirements of this Item.
Use established industry and utility safety practices when installing conduit located near underground
utilities.Consult with the appropriate utility company before beginning work.
Install conduit a minimum of 18 in.deep below finished grade unless otherwise shown on the plans. Meet the
requirements of the NEC when installing conduit.Secure and support conduit placed for concrete
encasement in such a manner that the alignment will not be disturbed during placement of the concrete.Cap
ends of conduit and close box openings before concrete is placed.
783
618
Ream conduit to remove burrs and sharp edges. Use a standard conduit cutting die with a 3/4-in.taper per
foot when conduit is threaded in the field. Fasten conduit placed on structures with conduit straps or hangers
\` as shown on the plans or as directed. Fasten conduit within 3 ft.of each box or fitting and at other locations
shown on the plans or as directed. Use metal conduit clamps that are galvanized malleable or stainless steel
unless otherwise shown on the plans. Use 2-hole type clamps for 2-in.diameter or larger conduit.
Fit PVC and HDPE conduit terminations with bushings or bell ends. Fit metal conduit terminations with a
grounding type bushing,except conduit used for duct cable casing that does not terminate in a ground box
and is not exposed at any point. Conduit terminating in threaded bossed fittings does not need a bushing.
Before installation of conductors or final acceptance, pull a properly sized mandrel or piston through the
conduit to ensure that it is free from obstruction.Cap or plug empty conduit placed for future use.
Perform trench excavation and backfilling as shown on the plans or as directed,and in accordance with
Item 400,"Excavation and Backfill for Structures."Excavation and backfilling will be subsidiary to the
installation of the conduit.
Jack and bore as shown on the plans or as directed,and in accordance with Item 476,"Jacking, Boring,or
Tunneling Pipe or Box."
Place warning tape approximately 10 in.above trenched conduit.Where existing surfacing is removed for
placing conduit,repair by backfilling with material equal in composition and density to the surrounding areas
and by replacing any removed surfacing,such as asphalt pavement or concrete riprap,with like material to
equivalent condition. Mark conduit locations as directed.
4. MEASUREMENT
This Item will be measured by the foot of conduit.
( ) This is a plans quantity measurement Item.The quantity to be paid is the quantity shown in the proposal,
unless modified by Article 9.2.,"Plans Quantity Measurement."Additional measurements or calculations will
be made if adjustments of quantities are required.
5. PAYMENT
The work performed and materials furnished in accordance with this Item and measured as provided under
"Measurement"will be paid for at the unit price bid for"Conduit"of the type and size specified and the
installation method specified as applicable.This price is full compensation for furnishing and installing
conduit;hanging,strapping,jacking,boring,tunneling,trenching,and furnishing and placing backfill;
encasing in steel or concrete;replacing pavement structure,sod,riprap,curbs,or other surface;marking
location of conduit(when required);furnishing and installing fittings,junction boxes,and expansion joints;
and materials,equipment,labor,tools,and incidentals.
Flexible conduit will not be paid for directly but will be subsidiary to pertinent Items. Unless otherwise shown
on the plans,no payment will be allowed under this Item for conduit used on electrical services or in
foundations.
784
624
Item 624 *.®
Ground Boxes p s
De rtmenf
of Transportation
1. DESCRIPTION
• Installation.Construct,furnish,and install ground boxes complete with lids.
• Removal. Remove existing ground boxes.
2. MATERIALS
Provide new materials that comply with the details shown on the plans,the requirements of this Item,and the
pertinent requirements of the following items:
• Item 420,"Concrete Substructures"
• Item 421,"Hydraulic Cement Concrete"
• Item 432,"Riprap"
• Item 440,"Reinforcement for Concrete"
• Item 618,"Conduit"
• Item 620,"Electrical Conductors"
Provide fabricated precast polymer concrete ground boxes in accordance with DMS-11070,"Ground Boxes."
Provide prequalified ground boxes from the Department's MPL.When required by the Engineer,notify the
Department in writing of selected materials from the MPL intended for use on each project.
Provide other precast or cast-in-place ground boxes that comply with the details shown on the plans.
3. CONSTRUCTION
Perform work in accordance with the details shown on the plans and the requirements of this Item.
Use established industry and utility safety practices when installing or removing ground boxes located near
underground utilities.Consult with the appropriate utility company before beginning work.
3.1. Installation. Fabricate and install ground boxes in accordance with the details,dimensions,and
requirements shown on the plans. Install ground box to approved line and grade.
Construct precast and cast-in-place concrete ground boxes in accordance with Item 420,"Concrete
Substructures,"and Item 440,"Reinforcement for Concrete."
Construct concrete aprons as shown on the plans and in accordance with Item 432,"Riprap,"and Item 440,
"Reinforcement for Concrete."
3.2. Removal.Remove existing ground boxes and concrete aprons to at least 6 in.below the conduit level.
Uncover conduit to a sufficient distance so that 90 degree bends can be removed and conduit reconnected.
Clean the conduit in accordance with Item 618,"Conduit."Replace conduit within 5 ft.of the ground box.
Remove old conductors and install new conductors as shown on the plans.Backfill area with material equal
in composition and density to the surrounding area. Replace surfacing material with similar material to an
equivalent condition.
4. MEASUREMENT
This Item will be measured by each ground box installed complete in place or each ground box removed.
788
• Operates over 0 to 19 dB path attenuation
• Minimum of 4K MAC addresses
• Minimum of 2 MB buffer memory
• MAC-based trunking
• Port Mirroring
D. Protocols Supported. Provide a Field Ethernet Switch that supports the following
protocols:
• IP Multicast Filtering through Internet Group Management(IGMP)v3 Snooping
• Multiprotocol Label Switching(MPLS)
• Common Industrial Protocol (CliP)
• Trivial File Transfer Protocol (TFTP)remote firmware upgrades
E. Standards. Provide a Field Ethernet Switch that adheres to the following standards:
• Institute of Electrical and Electronic Engineers (IEEE) 802.1x support
• IEEE 802.1w Rapid Spanning Tree Protocol (RSTP)
• IEEE 802.3 10BASE-T specification
• Institute of Electrical and Electronic Engineers (IEEE) 802.3 support
• IEEE 802.3u 100BASE-TX Specification
• IEEE 802.3x Flow Control
• IEEE 802.1Q Virtual Local Area Network(VLAN) Tagging
• IEEE 802.1D Spanning Tree Algorithm
F. Management. Provide a Field Ethernet Switch that provides the following management
capabilities:
• Hyper Text Transport Protocol (HTTP)/Web Browser device configuration
interface
• Security Access Control Lists (ACLs)
• 128 MB DRAM
• 64 MB Compact Flash Memory
• Configurable up to 8000 MAC addresses
• Configurable up to 255 IGMP groups
• QoS classifies and prioritizes data
• Virtual Lans (VLAN)
• Per-port broadcast, multicast, and unicast storm control preventing faulty end
stations from degrading overall system performance.
• Telnet device configuration interface
• Simple Network Management Protocol (SNMP) version 2 device status, diagnostic,
and alarm monitoring and remote configuration
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• Remote Monitoring (RMON)network monitoring
• Request for Comments (RFC)-1213-compliant Management Information Base
(MIB) files
• Standard and device specific MIB2 files
G. Regulatory Approvals. Provide a Field Ethernet Switch that has been certified to the
following regulatory standards:
• Product Safety: Underwriters Laboratories (UL) Standard 1950 or 60950
• Electromagnetic Emissions: Federal Communications Commission (FCC)Part 15,
Class A
• National Electrical Manufacturers Association (NEMA) TS-2
H. Dimensions. Provide a Field Ethernet Switch with dimensions that do not exceed the
following maximums:
• Height: 5.8 in.
• Width: 6.0 in.
• Depth: 4.4 in.
• Weight: 4.4lb.
I. Operating Power. Provide a Field Ethernet Switch that is designed to operate with the
following power requirements:
• 18-60VDC
• 0.05 KVA
J. Environmental. Provide a Field Ethernet Switch that is designed to operate in the
following environmental conditions:
• -40°to 167°F (-40°C to 75°C) operating temperature range
• 13 to 185°F (-25°C to 85°C) storage temperature range
• 10% to 95%relative humidity(non-condensing)
3. Construction.
A. General. Provide equipment that utilizes the latest available techniques for design and
construction with a minimum number of parts, subassemblies, circuits, cards, and
modules to maximize standardization and commonality.
Design the equipment for ease of maintenance. Provide component parts that are
readily accessible for inspection and maintenance. Provide test points that are for
checking essential voltages and waveforms.
B. Electronic Components. Provide electronic components in accordance with the Special
Specification, "Electronic Components."
C. Mechanical Components. Provide external screws, nuts and locking washers that are
stainless steel. Do not use self-tapping screws.
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01-15
Provide parts made of corrosion resistant materials, such as plastic, stainless steel,
anodized aluminum, or brass.
Protect materials from fungus growth and moisture deterioration.
Separate dissimilar metals by an inert dielectric material.
4. Documentation Requirements. Provide documentation in accordance with Articles 4
and 5, Special Specification, "Testing, Training, Documentation, Final Acceptance and
Warranty."
5. Testing Requirements. Perform testing in accordance with Article 2, Special Specification,
"Testing, Training, Documentation, Final Acceptance and Warranty."
6. Warranty. Provide a warranty in accordance with Article 7, Special Specification"Testing,
Training, Documentation,Final Acceptance and Warranty."
7. Experience Requirements. Only employ personnel involved in the installation and testing
of the "Field Ethernet Switch"that meet the following requirements:
• Two years experience in the installation and testing of Ethernet Switches.
• Two installed systems where Ethernet Switches, as described within these specifications,
are installed and the systems have been in continuously satisfactory operation for at least
one year. Submit photographs or other supporting documents as proof, and the names,
addresses, and telephone numbers of the operating personnel who can be contacted
regarding the systems.
• One system with Ethernet Switches (which maybe one of the two in the preceding
paragraph) for which the Contractor can arrange for demonstration to the Engineer or the
Engineer's representative.
8. Training. Perform training in accordance with Article 3, Special Specification, "Testing,
Training, Documentation, Final Acceptance and Warranty."
9. Measurement. This item will be measured as each unit furnished, installed, and tested.
10. Payment. The work performed and materials furnished in accordance with this Item and
measured as provided under"Measurement"will be paid for at the unit price bid for"Field
Ethernet Switch" of the type specified. This price is full compensation for equipment,
cables and connectors; documentation and testing; labor,tools, materials, warranty, training,
and incidentals.
4-4 2339
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6007
Special Specification 6007 *.®
Texas
Deparbnent
Intelligent Transportation System (ITS) Fiber Optic of Transportation
Cable
1. DESCRIPTION
Furnish,install,relocate and remove Intelligent Transportation System(ITS)fiber optic cable,fiber patch
panels and splice enclosures as shown on the plans.
2. MATERIALS
2.1. General Requirements.Provide,assemble,fabricate and install materials that are new,corrosion resistant,
and in accordance with the details shown on the plans and in these Specifications.
Furnish,install,splice,and test all new fiber optic cable. Provide all splicing kits,fiber optic cable caps,
connectors,moisture or water sealants,terminators,splice trays,fiber optic jumpers, pig tails,fiber patch
panels,fiber interconnect housing,and accessories necessary to complete the fiber optic network. Provide
all equipment necessary for installation,splicing,and testing.
2.2. Cable Requirements.Furnish all-dielectric,dry-filled,gel-free,loose tube fiber optic cable,with low water
peak,suitable for underground conduit environments or aerial applications.
Furnish self-supporting,all-dielectric,dry-filled,gel-free,loose tube fiber optic cable,with low water peak
suitable for aerial applications when not lashing to strand cable.
All fiber optic cable furnished must have a design life of 20 yr.when installed to the manufacturer's
specifications.
Splice fiber optic cables in ground boxes,field cabinets,or buildings.Terminate fiber optic cables in field
cabinets and buildings that comply with the details shown on the plans and in this Specification.
Provide all fiber optic cable from the same manufacturer and the manufacturer is International Organization
for Standardization(ISO)9001 certified.Ensure the cables meet or exceed United States Department of
Agriculture Rural Utilities Service(RUS)CFR 1755.900,American National Standards Institute/Insulated
Cable Engineers Association(ANSI/ICEA)S-87-640,and Telecommunications Industry
Association/Electronic Industries Alliance(TIA/EIA)-492-CAAB standard.
2.3. Optical Requirements.
2.3.1. Optical Fiber.Provide ITU G.652 single mode fiber optic cable with a core diameter of 8.3±0.7 microns
and a cladding diameter of 125±0.7 microns.Provide optical fiber made of glass consisting of a silica core
surrounded by concentric silica cladding,free of imperfections and inclusions.
2.3.2. Core/Clad Concentricity.Provide an offset between the center of the core and cladding less than
0.5 microns.
2.3.3. Mode Field Diameter.Provide single mode fiber optic cable with the effective area or Mode Field Diameter
of the fiber must be 9.2±0.4 pm at 1310 nm and 10.5±1.0 pm at 1550 nm.
2.3.4. Primary Coating.Provide fiber with a coating diameter of 250± 15 microns.
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Attenuation.Provide single mode fiber optic cable with nominal attenuation of 0.35 dB/km maximum at a
wavelength of 1310 nm and nominal attenuation of 0.25 dB/km maximum at a wavelength of 1550 nm.
Attenuation at water peak must be less than 0.35 dB/km at 1383 nm.
2.3.6. Bandwidth and Dispersion. Provide single mode fiber optic cable with a maximum dispersion of:
• 3.2 ps/nm-km at a wavelength of 1310 nm,and
• 18 ps/nm-km at a wavelength of 1550 nm.
Zero dispersion wavelength must be between 1300 nm and 1324 nm and the zero dispersion slope at the
zero dispersion wavelength must be less than 0.092 ps/(nm2•km).
The cutoff wavelength must be less than 1260 nm for single mode fibers specified to operate at 1310 nm.
The cutoff wavelength must be less than 1480 for single mode fibers specified to operate only at 1550 nm or
higher.
The macrobend attenuation per 100 turns must not exceed 0.05 dB at 1310 nm and 1550 nm.
2.3.7. Mechanical Requirements(Tensile Strength).Provide a cable withstanding a pulling tension of 600 lbf
without increasing attenuation by more than 0.8 dB/mi when installing in underground conduit systems in
accordance with EIA-455-33A.Conduct an impact test in accordance with TIA/EIA-455-25C(FOTP-25)and
a compression load test in accordance with TIA/EIA-455-41A(FOTP-41).
For all-dielectric self-supporting cable(ADSS)and other self-supporting cables,meet tensile strength
requirements in accordance with Section 25,Loading of Grades B and C,of National Electric Safety Code
(NESC),for the maximum span and sag information as shown in the plans for aerial construction.
2.3.8. Bend Radius.Provide a cable withstanding a minimum bending radius of 10 times its outer diameter during
operation,and 20 times its outer diameter during installation,removal and reinstallation without changing
optical fiber characteristics.Test the cable in accordance with EIA-455-33A.
2.3.9. Buffering.Use a buffering tube or jacket with an outer diameter of 1.0 to 3.0 mm containing 12 individual
fiber strands.The fibers must not adhere to the inside of the buffer tube.
2.3.10. Color Coding. Provide fiber and buffer tubes with a color coating applied to it by the manufacturer. Coating
must not affect the optical characteristics of the fiber.Provide color configuration in accordance with TIA/EIA-
598 as follows:
■ 1.Blue • 5.Slate • 9.Yellow
• 2.Orange • 6.White • 10.Violet
• 3.Green • 7. Red • 11.Rose
• 4.Brown ■ 8.Black • 12.Aqua
3. EQUIPMENT
3.1. Cable Type.Provide cables with a reverse oscillation or planetary stranding structure.
Jacket construction and group configuration should separate at splice points to cut and splice 1 set of fibers
while the others remain continuous.All cable jackets must have a ripcord to aid in the removal of the outer
jacket.Submit cable designs for approval.
Strand loose buffer tubes around a dielectric central anti-buckling strength member. Provide dielectric aramid
or fiber glass strength members with specified strength for the cable.Provide cable with a water-blocking
material,which is non-hygroscopic,non-nutritive to fungus, non-conductive,non-toxic,and homogeneous.
i % The water blocking material must comply with TIA/EIA-455-81 B and 455-82B as well as TIA/EIA-455-98.
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Ensure a polyethylene inner jacket is applied over the cable core,and that the entire cable is enclosed with a
polyethylene outer jacket. Ensure the outer jacket contains black carbon to provide UV protection for the
cable.Ensure each cable is marked with the manufacturer's name,the date of manufacture(month/year),the
fiber count(example 48F SM), and sequential length markings at maximum 2 ft.increments,measured in
U.S.units.
For aerial installation,provide standard fiber optic cable lashed to steel messenger cable or ADSS in
accordance with the Institute of Electrical and Electronics Engineers(IEEE) 1222 Standard for Testing and
Performance for All-Dielectric Self-Supporting(ADSS) Fiber Optic Cable for Use on Electric Utility Power
Lines,or most current version. Provide ADSS cable in accordance with the maximum span distance,weather
load rating,and allowable sag as shown on the plans."Figure 8"self-supporting cable with integrated
messenger cable within the outer jacket for aerial installation is acceptable.
3.1.1. Cable Size.Furnish cables with a maximum diameter not exceeding 19 mm.
3.1.2. Environmental Requirements. Provide cable that functions in a temperature range from-40°F to 158°F.
3.2. Fiber Optic Accessories.
3.2.1. Splice Enclosures. Furnish and install 1 of 3 types of underground splice enclosures at locations shown on
the plans to accommodate the cables being spliced at that point.The types are as follows:
• Type 1:4 cable entry ports total—2 ports to accommodate backbone fiber of up to 144 fibers and 2
ports for drop cables of up to 48 fibers,
• Type 2:6 cable entry ports total—4 to accommodate backbone or arterial cables of up to 144 fibers and
2 ports for drop cables of up to 48 fibers,and
• Type 3:8 cable entry ports total—4 to accommodate backbone or arterial cables of up to 144 fibers and
4 ports for drop cables of up to 48 fibers.
Provide the end cap of the canister splice closure with re-enterable quick-seal cable entry ports to
accommodate additional branch cables or backbone cables. Provide fiber optic splice enclosures with strain
relief,splice organizers,and splice trays from the same manufacturer as the splice enclosure. Select the
appropriate splice enclosure type based on the number of splices called for in the plans.Suspend all splice
closures off floor of the ground box and secure to cable rack assembly on side wall of ground box.
For end of reel splicing,use a fiber optic splice enclosure sized to accommodate full cable splice in one
enclosure. Fiber optic splice enclosure must be of the same manufacturer as other supplied on a project.
Splice enclosure and fusion splicing required for end of reel will be incidental to the fiber optic cable.
Comply with the Telcordia Technologies'GR-711-CORE standard and all applicable NEC requirements.
Contain all optical fiber splices within a splice enclosure,providing storage for fiber splices,nonspliced fiber,
and buffer tubes. Provide sufficient space inside the enclosure to prevent microbending of buffer tubes when
coiled.
Ensure that the splice enclosure maintains the mechanical and environmental integrity of the fiber optic
cable,encases the sheath opening in the cable,and organizes and stores optical fiber. Ensure all hinges and
latching devices are stainless steel or of a non-corrosive material designed for harsh environments.Ensure
that the enclosure is airtight and prevents water intrusion.Ensure that splice enclosures allow re-entry and
are hermetically sealed to protect internal components from environmental hazards and foreign material such
as moisture,dust, insects,and UV light.
3.2.2. Field Rack Mount Splice Enclosures.Provide a 19 in. EIA rack mounted splice enclosure module to hold
spliced fibers as shown in the plans inside field equipment cabinets or buildings.
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Splice or terminate fibers inside rack mounted fiber optic splice enclosures. Provide an enclosed unit
designed to house a minimum of 4 cables,sized to accommodate at a minimum the cables shown on the
plans plus future expansion.
Provide splice enclosures containing mounting brackets with a minimum of 4 cable clamps. Install cable
according to manufacturer recommendations for the cable distribution panel.
3.2.3. Fiber Patch Panels.Provide fiber patch panels that are compatible with the fiber optic cable being
terminated and color coded to match the optical fiber color scheme. Coil and protect a maintenance loop of
at least 5 ft.of buffer tube inside the rack mount enclosure,patch panel;or splice tray.Allow for future splices
in the event of a damaged splice or pigtail.
3.2.3.1. Cabinet.Terminate or splice fibers inside the compact and modular fiber patch panel in the cabinet. Provide
fiber patch panel for installation inside a 19 in.EIA rack and sized appropriately to accommodate the fiber
terminations shown on the plans or as directed by the Engineer. Provide each patch panel housing with pre-
assembled compact modular snap-in simplex connector panel modules,each module having a minimum of 6
fiber termination/connection capabilities. Provide modules with a removable cover having 6 pre-
connectorized fiber pigtails,interconnection sleeves,and dust caps installed by the manufacturer.Provide a
12 fiber or greater fusion splice tray capability housing,each tray holding 12 fusion splices as shown in the
plans.Stack splice trays on a rack to permit access to individual trays without disturbing other trays.Locate
splice trays in a rack within a pull-out shelf. Protect the housing with doors capable of pivoting up or down.
Document the function of each terminated/spliced fiber,along with the designation of each connector on
labels or charts located either on the inside or outside of the housing door.Provide labels or charts that are
UV resistant design for harsh environments and used inside field equipment cabinets. Use permanent
marker or method of identification that will withstand harsh environments. Provide each housing with strain
relief.Terminate single mode fiber optic cable with SC connectors to the patch panels,unless otherwise
shown on the plans.
Install the fiber patch panel as an integral unit as shown on the plans.
3.2.3.2. Building.Provide a fiber patch panel with a modular design allowing interchangeability of connector panel
module housing and splice housing within the rack,as shown on the plans.
Provide the number of single mode fibers,connector panel module housings,and splice housings for the
patch panel unit in the building as shown on the plans.
Provide a fiber patch panel unit,installed at a height less than 7 ft.,capable of housing 8 connector panel
module housings or 8 splice housings. Protect the housing with doors capable of pivoting up or down and
sliding into the unit.
Provide 12 snap-in simplex connector panel modules with each connector panel module housing,each
module having 6 fiber termination/connector capabilities. Use a pre-assembled compact modular unit with a
removable cover for the snap-in simplex connector panel module having 6 pre-connectorized fiber pigtails,
interconnection sleeves,and dust caps installed by the manufacturer. Provide each connector panel module
housing with a jumper routing shelf,storing up to 5 ft.(minimum)of cable slack for each termination within
the housing. Provide the fiber distribution unit with strain relief.
Provide splice enclosure with 24 fusion splice tray capabilities,each splice tray holding 12 or more fusion
splices.Stack splice trays on a rack to permit access to individual trays without disturbing other trays.Locate
the rack on a pull-out shelf.
Document the function of each terminated/spliced fiber,along with the designation of each connector on
labels or charts located either on the inside or outside of the housing door. Provide labels or charts that are
UV resistant design for harsh environments and used inside field equipment cabinets. Use permanent
marker or method of identification that will withstand harsh environments.Also provide documentation of the
function of each terminated or spliced fiber along with the designation of each connector on charts or
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diagrams matching the fiber patch panel configuration and locate inside cabinet document drawer. Provide
documentation at the conclusion of fiber terminations and splicing.
Allow terminations only in the fiber interconnect housings placed in the cabinets as shown on the plans or as
directed.
3.2.4. Splice Trays. Use splice tray and fan-out tubing kit for handling each fiber. Provide a splice tray and 12 fiber
fan-out tubing with each housing for use with the 250 microns coated fiber.The fan-out will occur within the
splice tray(no splicing of the fiber required).Allow each tube to fan out each fiber for ease of
connectorization.Label all fibers in splice tray on a log sheet securing it to the inside or outside of the splice
tray. Provide UV resistant log sheet suitable for harsh environments,located inside field cabinets or splice
enclosures.Provide fan-out tubing with 3 layers of protection consisting of fluoropolymer inner tube,a
dielectric strength member,and a 2.9 mm minimum outer protective PVC orange jacketing.
3.2.5. Jumpers.Provide fiber optic jumper cables to cross connect the fiber patch panel to the fiber optic
transmission equipment as shown on the plans or as directed. Match the core size,type,and attenuation
from the cable to the simplex jumper.Use yellow jumpers and provide strain relief on the connectors. Provide
fiber with a 900 micron polymer buffer, Kevlar strength member,and a PVC jacket with a maximum outer
jacket of 2.4 mm in diameter.
Provide 5 ft.long jumpers, unless otherwise shown on the plans.On the patch panel end of each jumper,
provide an SC connector.On the opposite end of the jumper,provide a connector that is suitable to be
connected to the fiber optic transmission equipment selected.When providing jumpers for existing
equipment,provide connectors suitable to be connected to patch panels and fiber optic transmission
equipment in use.All jumpers must have factory terminated connectors. Field terminations of connectors is
prohibited.
3.2.6. Fiber Optic Cable Storage Device.Furnish fiber optic cable storage device designed to store slack fiber
optic cable by means of looping back from device to device on an aerial run. Furnish storage devices that are
non-conductive and resistant to fading when exposed to UV sources and changes in weather. Ensure
storage devices have a captive design such that fiber-optic cable will be supported when installed in the
aerial rack apparatus and the minimum bending radius will not be violated.Provide stainless steel
attachment hardware for securing storage devices to messenger cable and black UV resistant tie-wraps for
securing fiber-optic cable to storage device.Provide tie-wraps that do not damage fiber when securing to
storage device. Ensure storage devices are stackable so multiple cable configurations are possible. Ensure
cable storage devices furnished are compatible with the type of aerial cable furnished and installed.Aerial
cable storage devices will be considered incidental to the installation of the fiber optic cable.
4. CONSTRUCTION
Install fiber optic cable in accordance with United States Department of Agriculture Rural Utilities Service
CFR 1755.900 specifications for underground and aerial plant construction without changing the optical and
mechanical characteristics of the cables.
Utilize available machinery,jacking equipment,cable pulling machinery with appropriate tension monitors,
splicing and testing equipment,and other miscellaneous tools to install cable,splice fibers,attach connectors
and mount hardware in cabinets employed with the above"Mechanical Requirements."Do not jerk the cable
during installation.Adhere to the maximum pulling tensions of 600 lbf and bending radius of 20 times the
cable diameter or as specified by the manufacturer,whichever is greater.
Use installation techniques and fixtures that provide for ease of maintenance and easy access to all
components for testing and measurements.Take all precautions necessary to ensure the cable is not
damaged during transport,storage,or installation. Protect as necessary the cables to prevent damage if
being pulled over or around obstructions along the ground.
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Where plans call for removal of existing cable to salvage or reuse elsewhere,take care to prevent damaging
the existing cable during removal adhering to all of the requirements for installation that pertain to removal.
4.1. Packaging,Shipping,and Receiving.Ensure the completed cable is packaged for shipment on reels.
Ensure the cable is wrapped in weather and temperature resistant covering. Ensure both ends of the cable
are sealed to prevent the ingress of moisture.
Securely fasten each end of the cable.to the reel to prevent the cable from coming loose during transit.
Provide 6 ft.of accessible cable length on each end of the cable for testing.Ensure that the complete outer
jacket marking is visible on these 6 ft.of cable length.Provide each cable reel with a durable weatherproof
label or tag showing the Manufacturer's name,the cable type,the actual length of cable on the reel,the
Contractor's name,the contract number,and the reel number. Include a shipping record in a weatherproof
envelope showing the above information and also include the date of manufacture,cable characteristics
- (size,attenuation,bandwidth,etc.),factory test results,cable identification number and any other pertinent
information. Ensure that all cable delivered has been manufactured within 6 mo.of the delivery date. Ensure
that the minimum hub diameter of the reel is at least 30 times the diameter of the cable. Provide the cable in
one continuous length per reel with no factory splices in the fiber. Provide a copy of the transmission loss test
results as required by the TIA/EIA-455-61 standard,as well as results from factory tests performed prior to
shipping.
4.2. Installation in Conduit. Install fiber optic cable in conduits in a method that does not alter the optical
properties of the cable. If required,relocate existing cable to allow new fiber optic cable routing in conduits.
When pulling the cable,do not exceed the installation bending radius.Use rollers,wheels,or guides that
have radii greater than the bending radius.Use a lubricating compound to minimize friction.Use fuse links
and breaks to ensure that the cable tensile strength is not exceeded.Measure the pulling tension with a
mechanical device and mechanism to ensure the maximum allowable pulling tension of 600 lbf is not
exceeded at any time during installation.
Provide a single 1/C#14 XHHW insulated tracer wire in conduit runs where fiber optic cable is installed.
Provide cable that is UL listed solid copper wire with orange color low density polyethylene insulation suitable
for conduit installation and with a voltage rating of 600V.When more than one fiber optic cable is installed
through a conduit run,only one tracer wire is required. Fuse or join tracer wires used in backbone,arterial,
and drop runs,so that you have one continuous tracer wire.Terminate tracer wire at fiber optic test markers
or equipment cabinets as identified in the plans for access to conduct a continuity test.Tracer wire will be
paid for under Item 620,"Electrical Conductors."
Provide flat pull cord with a minimum tensile strength of 1,250 lb.in each conduit containing fiber optic cable.
A traceable pull cord,with a metallic conducting material integral to the pull cord, may be substituted for a
1/C#14 tracer wire only with approval from the Department.
Seal conduit ends with a 2 part urethane after installation of fiber optic cable.
4.3. Cable Installation between Pull Boxes and Cabinets or Buildings. Do not break or splice a second fiber
optic cable to complete a run when pulling the cable from the nearest ground box to a cabinet or building.
Pull sufficient length of cable in the ground box to reach the designated cabinet or building. Pull the cable
through the cabinet to coil,splice,or terminate the cable in the cabinet or building. Do not bend the cable
beyond its minimum bend radius of 20 times the diameter.
Coil and tie cable inside cabinet, building,or boxes for future splicing or termination as shown in the plans.
Cut off and remove the first 10 ft.of pulled or blown fiber stored.This work is incidental to this Item. Coat the
open end of the coiled cable with protective coating and provide a dust cap.
4.4. Aerial Installation.Use pole attachment hardware and roller guides with safety clips to install aerial run
cable. Maintain maximum allowable pulling tension of 600 lb.ft.during the pulling process for aerial run cable
by using a mechanical device.Do not allow cable to contact the ground or other obstructions between poles
during installation. Do not use a motorized vehicle to generate cable pulling forces. Use a cable suspension
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clamp when attaching cable tangent to a pole.Select and place cable blocks and corner blocks so as not to
exceed the cable's minimum bending radius. Do not pull cable across cable hangers.Store 100 ft.of fiber-
optic cable slack,for future use,on all cable runs that are continuous without splices or where specified on
the plans.Store spare fiber optic cable on fiber-optic cable storage racks of the type compatible with the
aerial cable furnished. Locate spare cable storage in the middle of spans between termination points.Do not
store spare fiber-optic cable over roadways,driveways or railroads.
Install standard cable on timber poles by lashing to steel messenger cable. Provide steel messenger cable in
accordance with Item 625, "Zinc Coated Steel Wire Strand."Install all-dielectric self-supporting cable(ADSS)
cable on timber poles using clinching clamp with cable hanger. Install aerial run cable in accordance with
these specifications and as shown on the plans.
Locate aerial fiber in accordance with the NESC, Section 23,with respect to vertical clearances over the
ground, between conductors carried on different supporting structures,and required separation distance of
the cable from bridges,buildings,and other structures.
4.5. Blowing Fiber Installation.Use either the high-air speed blowing (HASB)method or the piston method.
When using the HASB method,ensure that the volume of air passing through the conduit does not exceed
600 cu.ft.per min.or the conduit manufacturer's recommended air volume,whichever is more restrictive.
When using the piston method,ensure that the volume of air passing through the conduit does not exceed
300 cu.ft.per min.or the conduit manufacturer's recommended air volume,whichever is more restrictive.
4.6. Slack Cable. Pull and store excess cable slack inside ITS ground boxes as shown on the plans.The
following are minimum required lengths of slack cable,unless otherwise directed:
• ground boxes(No Splice)-25 ft.,
• ground boxes(With Splice)-100 ft.,
• future splice point- 100 ft.,and
• cabinets-25 ft.
Note that the slack is to be equally distributed on either side of the splice enclosure and secured to cable
storage racks within the ground boxes.
Provide proper storage of slack cable,both long term and short term.Neatly bind cables to be spliced
together from conduit to splice enclosure with tape. Do not over bind by pinching cable or fiber.Ground and
bond the armor when installing armored fiber optic cable. Meet NEC and NESC requirements for grounding
and bonding when using armored cable.
4.7. Removal,Relocation and Reinstallation of Fiber Optic Cable. Remove fiber optic cable from conduit as
shown on plans. Use care in removing existing fiber optic cables so as not to damage them.Provide cable
removal and reinstallation procedures that meet the minimum bending radius and tensile loading
requirements during removal and reinstallation so that optical and mechanical characteristics of the existing
cables are not degraded.Use entry guide chutes to guide the cable out of and in to existing or proposed
conduit, utilizing lubricating compound where possible to minimize cable-to-conduit friction. Use corner rollers
(wheels)with a radius not less than the minimum installation bending radius of cable. Dispose of removed
fiber optic cable unless plans show for it to be re-used(relocated/re-installed)or salvaged and delivered to
the Department.See plans for details.Test each optical fiber in the cable for performance and for loss at
existing terminations or splices prior to cutting and removal. Retest following removal and following re-
installation to ensure the removal and reinstallation has not affected the optical properties of the cable.Any'
fiber optic cable damaged by the contractor that is to be re-used shall be replaced by the contractor at no
cost to the Department with new fiber optic cable meeting the approval of the Engineer.The Engineer
reserves the right to reject the fiber based on the test results.
Maintain the integrity of existing cables,conduit,junction boxes and ground boxes contiguous to the section
of cables to be removed.Replace or repair any cables,conduit,junction boxes or ground boxes damaged
during work at the Contractor's expense.The replacement or repair method must be approved by the
Engineer, prior to implementation.
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4.8. Splicing Requirements. Fusion splice fibers as shown on the plans, in accordance with TIA/EIA-568 and
TINEIA-758.
Use fusion splicing equipment recommended by the cable manufacturer.Clean,calibrate,and adjust the
fusion splicing equipment at the start of each shift.Use splice enclosures,organizers,cable end preparation
tools,and procedures compatible with the cable furnished. Employ local injection and detection techniques
and auto fusion time control power monitoring to ensure proper alignment during fusion splicing.
When approaching end of shift or end of day,complete all splicing at the location. Package each spliced fiber
in a protective sleeve or housing. Re-coat bare fiber with a protective 8 RTV,gel or similar substance,prior to
application of the sleeve or housing.
Perform splices with losses no greater than 0.10 dB. Use an Optical Time Domain Reflectometer(OTDR)to
test splices in accordance with Section 4.13.1.1. Record splice losses on a tabular form and submit for
approval.
4.9. Termination Requirements.Provide matching connectors with 900 micron buffer fiber pigtails of sufficient
length and splice the corresponding optical fibers in cabinets where the optical fibers are to be connected to
terminal equipment.Buffer,strengthen,and protect pre-terminated fiber assemblies(pigtails)with dielectric
aramid yarn and outer PVC jacket to reduce mishandling that can damage the fiber or connection. Pigtails
must be duplex stranding with a yellow PVC outer jacket. Fiber optic pigtails must be factory terminated with
SC connectors,unless otherwise shown on the plans.When providing pigtails for existing equipment,provide
connectors suitable to be connected to patch panels and fiber optic transmission equipment in use.
Connectors must meet the TIA/EIA-568 and TIAIEIA-758 standards and be tested in accordance to the
Telcordia/Bellcore GR-326-CORE standard.When tested according to TIAIEIA-455-171 (FOTP-171),ensure
that the connectors test to an average insertion loss of less than or equal to 0.4 dB and a maximum loss of
less than or equal to 0.75 dB for any mated connector.Maintain this loss characteristic for a minimum of 500
l disconnections and reconnections with periodic cleanings per EIA-455-21A(FOTP-21).Qualify and accept
connectors by the connector-to-connector mating using similar fibers. Ensure that the connector operating
range is-40°F to 167°F. Provide connectors with a yellow color body or boot.
Test connections at the patch panel and splices made between cables to pigtails with the OTDR to verify
acceptable losses.
Remove 5 ft.of unused optical fibers at the ends of the system from the buffer tube(s)and place coiled fibers
into a splice tray.Clean the water blocking compound from all optical fibers destined for splice tray usage.
Install cable tags at all splice points identifying key features of each cable such as cable name or origin and
destination and fiber count. Ensure tags are self-laminating or water resistant. Print the information onto the
tags electronically or write neatly using a permanent marker. Locate tags just prior to entrance into splice
enclosure.
4.10. Mechanical Components. Provide stainless steel external screws, nuts and locking washers.Do not use
self-tapping screws unless approved. Provide corrosion resistant material parts and materials resistant to
fungus growth and moisture deterioration.
4.11. Experience Requirements.
4.11.1. Installing Fiber Optic Cable.The Contractor or designated subcontractor involved in the installation of the
fiber optic cable must meet the experience requirements in accordance with the following:
■ minimum of 3 yr.of continuous existence offering services in the installation of fiber optic cable through
an outdoor conduit system or aerial and terminating in ground boxes,field cabinets or enclosures or
buildings,and
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• completed a minimum of 3 projects where the personnel pulled a minimum of 5 mi.in length of fiber
optic cable through an outdoor conduit system of aerial for each project.The completed fiber optic cable
systems must have been in continuous satisfactory operation for a minimum of 1 yr.
4.11.2. Splicing and Testing of Fiber Optic Cable.The Contractor or designated subcontractor involved in the
splicing and testing of fiber optic cable must meet the experience requirements in accordance with the
following:
4.11.2.1. Minimum Experience.3 yr.continuous existence offering services in the fields of fusion splicing and testing
of fiber optic cable installed through a conduit system and terminating in ground boxes,field cabinets or
enclosures or buildings. Experience must include all of the following:
• termination of a minimum of 48 fibers within a fiber distribution frame,
• OTDR testing and measurement of end to end attenuation of single mode and multimode fibers,
• system troubleshooting and maintenance,
• training of personnel in system maintenance,
• use of water-tight splice enclosures,and
• fusion splicing of fiber optic cable which meet the tolerable decibel(dB)losses within the range of 0.05
dB—0.10 dB for single mode.
4.11.2.2. Completed Projects.A minimum of 3 completed projects where the personnel performed fiber optic cable
splicing and terminations,system testing,system troubleshooting and maintenance during the course of the
project and provided training on system maintenance. Each project must have consisted of a minimum 5 mi.
of fiber optic cable installed,measured by project length not linear feet of fiber installed. The completed fiber
optic cable systems must have been in continuous satisfactory operation for a minimum of 1 yr.
4.12. Documentation Requirements.Provide a minimum of 2 complete sets of fiber optic equipment submittal
literature documenting compliance with the requirements of this Item including operation and maintenance
manuals in hard copy format,bound,as well as an electronic version in Adobe PDF format on a CD/DVD or
removable flash drive that includes the following:
• fiber optic cable literature consisting of manufacturer specification and cut sheets,
• fiber optic equipment literature consisting of manufacturer specification and cut sheets for splice
enclosures,patch panels,splice trays,jumpers,cable storage devices,and fiber optic labeling devices,
• complete factory performance data documenting conformance with the performance and testing
standards referenced in this Item, including pre-installation test results of the cable system,
• installation,splicing,terminating and testing plan and procedures,
• documentation of final terminated or spliced fibers,function,and equipment designation,
• OTDR calibration certificate,
• post-installation, post termination,subsystem,and final end-to-end test results,
• loss budget calculation and documentation,
• complete parts list including names of vendors,
• complete maintenance and trouble-shooting procedures,and
• proof of minimum experience and completed projects.
4.12.1. Installation Practice.Submit for approval electronic copy of the Contractors Installation Practices 30
working days prior to installation.Submit installation practices and procedures and a list of installation,
splicing and test equipment used. Provide detailed field quality control procedures and corrective action
procedures.
4.12.2. Manufacturer's Certification.Accompany each reel of fiber optic cable with the manufacturer's test data
showing the conformance to the requirements in this Item.
4.12.3. Test Procedures.Submit test procedures and data forms for the pre-installation,post-installation,
subsystem,final end to end test,and loss budget calculations for approval.Test procedures will require
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approval before performing tests.Submit 1 copy data forms containing data and quantitative results,as well
as an authorized signature.Submit a copy of the OTDR results as a hard copy or electronic copy in PDF
format including all OTDR traces and clearly identifying each event(fusion splice,jumper,connector,etc.)
with the measured loss identified.
4.13. Testing.Perform tests in accordance with testing requirements in this Item,USDA RUS CFR 1755.900,and
TIA/EIA-455-61 test specifications. For all tests,provide test forms to be used that compare measured
results with threshold values.
4.13.1. Test Methods.
4.13.1.1. Optical Time Domain Reflectometer(OTDR)Tests.Use the OTDR to measure fiber optic cable for overall
attenuation(signal loss dB/km),fiber cable length,and identify fiber optic cable anomalies such as breaks.
Perform the following 4 OTDR tests:
• pre-Installation test(Acceptance test),
• post installation test,
• post termination test,and
• final end to end test.
OTDR Settings:
• generate a file name for each OTDR scan.The file name must indicate the location or direction the test
was-run from,as well as the fiber number being tested,
• set the"A"cursor at the beginning of the fiber trace and set the"B"cursor at the end of the fiber trace.
The distance to cursor"B"indicates the length of the fiber cable segment being measured,
• match the index of refraction to the index of the factory report,
• set the loss indicator to dB/km for the acceptance test,
■ the reflectance is automatically set internally by the OTDR,
• set the pulse width at a medium range.Change the pulse width to a slow pulse width when an anomaly
occurs on the fiber trace so that it can be examined closely,
• set the average at medium speed.Change the average to slow when an anomaly appears on the fiber
trace to allow for closer examination of the anomaly,and
• set wavelength at 2 windows for single mode cable: 1310 nm and 1550 nm.
Provide the current OTDR calibration certificate for the device used,showing the unit has been calibrated
within the last year.Show all settings on test result fiber scans.
4.13.1.2. Pre-installation Tests.Test and record the fiber optic cable at the site storage area prior to installation.
Conduct bi-directional OTDR tests for each fiber strand.Test each optical fiber in the cable from one end
with an OTDR compatible with wavelength and fiber type.Check testing for length,point discontinuity, and
approximate attenuation.Record each measurement by color,location,and type of fiber measured.Perform
a measurement from the opposite end of that fiber in case a measurement cannot be made from one end.
Wait for notification if loss per kilometer exceeds manufacturer's test data by more than 0.5 dB/km or point
discontinuity greater than 0.05 dB.
Perform this test within 5 days from receipt of the fiber optic cable.Test overall attenuation(dB/km),total
cable length,anomalies,and cable problems.Test cable at both wavelengths(1310 nm and 1550 nm for
single mode cable).Verify that the cable markings on the outer jacket are within 1%of the total cable length.
Compare factory test results with test results and return to manufacturer if test results are not identical to
factory test results.If identical,document the test results. Deliver documentation for future reference.
4.13.1.3. Post-installation Tests.Re-test and re-record each optical fiber in the cable after installation,before
termination,for loss characteristics.Test both directions of operations of the fiber.
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Immediately perform the post installation test after the fiber optic cable has been installed.Test cable for
overall attenuation,cable segment length,and evidence of damage or microbend with the OTDR. Replace
any cable segment that is damaged during the test and document test results. Submit test results for
approval.
Use the same OTDR settings for Post-Installation Tests as the Pre-Installation Tests.
4.13.1.4. Post Termination Tests.Perform the post termination test after the cable is terminated or spliced, including
termination of fiber cable to fiber cable or fiber cable to fiber pigtail and fiber cable to patch panels.Check
attenuation,fusion or termination point problems,and overall fiber cable segment. Determine if the
attenuation and quality of the termination complies with these Specifications;if not,re-terminate the fiber and
re-test until the Specification requirements are met.Test the fiber segment for attenuation and anomalies
after termination acceptance.Document and submit test results after fiber segment acceptance.
4.13.1.5. Subsystem Tests. Perform network subsystem tests after integration to the fiber optic network.Test the
capability of the fiber optic cable to transmit video and digital information from node to node.A node is
defined as a communication cabinet, hub cabinet,surveillance cabinet,or hub building where network hub
switches are located. Complete and submit approved data forms for approval.
Correct and substitute components in the subsystem if the subsystem tests fail and repeat the tests.
Components may include:cable,jumper,patch panel module,or connector.
Prepare and submit a report if a component was modified as result of the subsystem test failure.Describe in
the report the failure and action taken to remedy the situation.
4.13.1.6. Final End-to-End Test.Perform final end to end Test after fiber cable segments of the system are
terminated using the OTDR and an optical Power Meter and Light Source(PMLS).
Perform the Part 1 of the final end to end test using OTDR: y.
• measure the overall fiber cable system length,
• measure the overall system attenuation,and
• check for anomalies.
Perform the Part 2 of the final end to end test using a PMLS:
• measure the absolute power of the fiber optic signal across all links,and
• check for anomalies.
Document and submit results after test acceptance.
4.13.2. Loss Budget Calculation and Documentation. Calculate the total loss budget of the system according to
the following calculations and compare the actual loss in each segment of the system to the calculated
budget.Submit the results for each section of fiber optic cable in tabular format reporting if the total loss is
within the limits of these Specifications by noting"pass"or"fail"for each segment of fiber.A segment of fiber
is defined as one that terminates at each end. Use the following calculations to determine the loss budget for
each segment:
• splice loss budget=number of splices x 0.1 dB/splice,
• connector loss budget=number of connectors x 0.75 dB/connector,
• length loss budget=length of fiber optic cable(measured by OTDR)x 0.35 dB/km for 1310 nm
wavelength or 0.25 dB/km for 1550 nm wavelength,and
• total Loss Budget=splice loss budget+connector loss budget+length loss budget.
Provide loss budget calculation equations on test form to be submitted as part of the documentation
requirements. Provide threshold calculations described above along with measured results. I
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4.14. Training.Conduct a BISCI or IMSA certified training class(minimum of 16 hr.)for up to 10 representatives
designated by the Department on procedures of installation,operations,testing,maintenance and repair of
all equipment specified within this specification. Submit to the Engineer for approval, 10 copies of the training
material at least 30 days before the training begins.Conduct training within the local area unless otherwise
authorized by the Engineer Include the following training material:
• NESC, NEC,and ANSI/TIA 590 code compliance,
• fiber optic cable pulling and installation techniques,
• use of installation tools,
• splicing and terminating equipment and test instruments,
• trouble shooting procedures,and
• methods of recording installation and test data.
4.15. Warranty.Provide a warranty for all materials furnished in this Item.Ensure that the fiber optic cable,the
splice enclosures,splice centers,and cable markers have a minimum of a 2 yr. manufacturer's warranty and
that 95%of that warranty remains at the date of final acceptance by the Engineer. If the manufacturer's
warranties for the components are for a longer period,those longer period warranties will apply. Guarantee
that the materials and equipment furnished and installed for this project performs according to the
manufacturer's specifications.
Ensure that the manufacturer's warranties for off-the-shelf equipment consisting of splice enclosures,splice
trays,connectors,fiber jumper cables,and fiber patch panels are fully transferable from the Contractor to the
Department. Ensure that these warranties require the manufacturer to furnish replacements for any off-the-
shelf part or equipment found to be defective during the warranty period at no cost to the Department within
10 calendar days of notification by the Department.
Ensure that the manufacturer's warranty for fiber optic cable is fully transferable from the Contractor to the
Department. Ensure that the warranty requires the manufacturer to furnish replacement fiber optic cable
found to be defective during the warranty period at no cost to the Department within 45 calendar days of
— notification by the Department.
5. MEASUREMENT
Fiber optic cable installed, relocated and removed will be measured by the linear foot. Fiber optic splice
enclosures, rack mounted splice enclosures and fiber optic patch panels will be measured by each unit
installed.Splicing of Fiber Optic Cables will be measured by each fusion splice performed.
6. PAYMENT
6.1. Furnish and Install.
The work performed and materials furnished in accordance with this Item and measured as provided under
"Measurement"will be paid for at the unit price bid for"Fiber Optic Cable"of the various types,and number
of fibers specified.This price is full compensation for furnishing and installing all cable;for pulling through
conduit or duct;aerial installation;terminating;testing;and for materials,equipment,labor,tools,
documentation,warranty,training and incidentals.
The work performed and materials furnished in accordance with this Item and measured as provided under
"Measurement"will be paid for at the unit price bid for"Fiber Optic Splice Enclosure"of the various types and
"Rack Mounted Splice Enclosure."This price is full compensation for furnishing and installing all enclosures
whether aerial,underground,in cabinet or in building;and for materials,equipment,labor,tools,
documentation,warranty,training and incidentals.
The work performed and materials furnished in accordance with this Item and measured as provided under
"Measurement"will be paid for at the unit price bid for"Fiber Optic Fusion Splice"for each fusion splice
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shown on the plans and performed.This price is full compensation for splicing;testing;and for materials,
equipment,labor,tools,documentation,warranty,training and incidentals.
The work performed and materials furnished in accordance with this Item and measured as provided under
"Measurement"will be paid for at the unit price bid for"Fiber Patch Panel"of the various types and sizes
specified.This price is full compensation for furnishing and installing all patch panels and terminating fibers
on the panel as shown on the plans;and for materials,equipment,labor,tools,documentation,warranty,
training and incidentals.
Conduit will be paid for under Item 618,"Conduit"and Special Specification 6016,"ITS Multi-Duct Conduit."
Electrical conductors will be paid for under Item 620,"Electrical Conductors."
6.2. Install Only.The work performed and materials furnished in accordance with this Item and measured as
provided under"Measurement"will be paid for at the unit bid price for"Fiber Optic Cable(Install Only)"of the
various types,and number of fibers specified.This price is full compensation for installing fiber optic cable
furnished by the Department;for pulling through conduit or duct;aerial installation;terminating;testing;and
for materials,equipment,labor,tools,documentation,warranty,training and incidentals.
Conduit will be paid for under Item 618,"Conduit"and Special Specification 6016,"ITS Multi-Duct Conduit."
Electrical conductors will be paid for under Item 620,"Electrical Conductors."
6.3. Relocate.The work performed and materials furnished in accordance with this Item and measured as
provided under"Measurement"will be paid for at the unit price bid for"Relocate Fiber Optic Cable."This
price is full compensation for relocating all cable,regardless of cable size;for pulling through conduit or duct;
aerial installation;terminating;testing;and for materials,equipment,labor,tools,documentation,and
incidentals.
6.4. Remove.The work performed and materials furnished in accordance with this Item and measured as
provided under"Measurement"will be paid for at the unit price bid for"Remove Fiber Optic Cable".This price
is full compensation for removing all cable for salvage, regardless of cable size;testing;returning to the
Department;and for materials,equipment,labor,tools,documentation,and incidentals.
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