R2006-030 02-27-06 RESOLUTION NO. R2006-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AWARDING A BID FOR FENCE CONSTRUCTION SERVICES
ASSOCIATED WITH THE BARRY ROSE PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City opened bids for construction services associated with the
Barry Rose Project, and such bids have been reviewed and tabulated.
Section 2. That the City Council hereby awards the bid to Fencecrete America,
Ltd., in the amount of$247,336.20.
Section 3. The City Manager or his designee is hereby authorized to execute a
contract for fence construction services associated with the Barry Rose Project.
PASSED,APPROVED and ADOPTED this the 27th day of February ,
A.D., 2006.
---___)-0111 4 esa
TOM REID
MAYOR
ATTEST:
/
UNG �'''�`, , -1--; C /
Y SE"ETARY
APPROVED AS TO FORM:
a.....--- A- C
DARRIN M. COKER
CITY ATTORNEY
CITY OF PEARL AND BID PROPOSAL
Section 00300 EXHIBIT
BID PROPOSAL
2-8-06
Date
Bid of FENCECRETE AMERICA LTD. , an individual proprietorship/a
corporation organized and existing under the laws of the State of Texas/a partnership consisting
of Yuda Doliner, Leonard Holzman, Jaime , for the construction of:
Rapaport
Barry Rose Road Fence
Broadway(FM 518) to Pearland Parkway
City of Pearland, Texas
Bid No.: B2006-019
(Submitted in Duplicate)
To: The Honorable Mayor and City Council of Pearland
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Pursuant to the published Invitation to Bid, the undersigned Bidder hereby proposes to do 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 included under the Contract for the
construction of the Barry Rose Road Fence, Broadway(FM 518) to Pearland Parkway as
shown on the Plans with all related appurtenances, complete, tested, and operational, in
accordance with the Plans and Technical Specifications prepared by the Engineer, Eddie Kirst,
P.E., Kirst Kosmoski, Inc., 2630 Fountainview Suite 318, Houston, TX 77057, under the City of
Pearland's inspection, for the Unit Prices set forth in this Bid Proposal which bears our(the
Bidder's) signature for identification. It is understood that, in the event any changes are ordered
on any part of the Work, the Unit Prices bid shall apply as additions to or deductions from the t tal
prices for the parts of the Work so changed.
The Bidder binds himself upon acceptance of his proposal to execute a contract and furnish
Performance Bond and Payment Bond each in the amount of one hundred percent (100%) of the
total Contract Price, according to the specified forms, for performing and completing the said
Work within the Contract Time.
The undersigned Bidder agrees to commence Work within ten(10) days after the date of written
Notice to Proceed. It is understood that the Work is to be Substantially Complete within one
hundred twenty(120) calendar days and completed and ready for Final Payment within one
hundred thirty four(134) calendar days after the date of Notice to Proceed. Time for completion
shall begin on the date established by Notice to Proceed.
Barry Rose 00300rr- 11 of
CITY OFPEARLAND BID PROPOSAL
Item Spec.
No. No. Bid Item Description Unit Quantity Unit Price Amoun Bid
BASE BID ITEMS
1 02820 Wood Fence—8' Cedar LF 894 $ 23.90 $ 21,3 6.60
2 02820 4 Foot Pedestrian Gate-Matching Each 5 $ 210.00 $ 1,050.00
3 02820 Concrete Fence— 8'Pre-Cast LF 3631 $ 61.60 $223,6 9.60
4 01505 Mobilization(Limit to 3%of total Bid) LS 1 $1,250.00 $ 1,210.00
SUBTOTAL BASE BID ITEMS $247,336.20
EXTRA ITEMS
SUBTOTAL EXTRA ITEMS
GRAND TOTAL $247,336.20
Barry Rose 00300rr-7 of 1
[2)
CITY OFPFARLAND BID PROPOSAL
It is agreed that the Contract Price may be increased or decreased to cover work added or deleted
by order of the Engineer, in accordance with the provisions of Section 00700- General Conditions
of Agreement.
The undersigned agrees that the amounts bid in this Bid Proposal will not be withdrawn or
modified for sixty(60) days following date of Bid Opening.
It is understood that in the event the Successful Bidder fails to enter into the Contract within ten
(10) days of the Notice of Award and fails to furnish a Performance Bond and Payment Bond in
the amount of one hundred percent(100%) of the Contract Price for all parts of the Work, the
Successful Bidder will forfeit the Bid Security submitted with his Bid Proposal, as provided in
Section 00200 -Instructions to Bidders.
The following Addenda have been received. The modifications to the Bidding Documents not-d
therein have been considered and all costs thereto are included in the Bid Price.
Addendum No. 1 Date 2-6-06 Addendum No. = Date
Addendum No. - Date Addendum No. - Date
Addendum No. Date Addendum No. Date
Firm Name: FENCECRETE AMERICA LTD.
Signed:
Address: 15089 TRADESMAN DRIVE
Phone No: (210) 492-7911
ATTEST:
(Seal, if Bidder is a Corporation)
Date:
Signature
Date
END OF SECTION
Barry Rose 00300rr-1 of 3
THE AMERICAN INSTITUTE OF ARCHITECTS
AIA Document A310
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, that we Fencecrete America, Ltd. ,
15089 Tradesman Drive, San Antonio, Texas 78249
as Principal, hereinafter called the Principal,-and MERCHANTS BONDING COMPANY(Mutual)
a corporation duly organized under the laws of the State of IOWA
as Surety, hereinafter called the Surety,are held and'firmly bound unto City of Pearland, 3519 Liberty
Drive, Pearland, Texas 77581
as Obligee, hereinafter called the Obligee, in the sum of
Five Percent (5%) of the Maximum Bid Dollars($ 5% of Bid ),
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 construction of the Barry Rose Road
Fence, Broadway (FM 518) to Pearland Parkway for the City of Pearland,
Texas
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 materials 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 St day of February 2006
keez7
II�
Fencecrete America, Ltd I
(seaQ
( ess) f
�tle)
MERCHANTS BONDING COMPANY(Mutual)
(Suret r (Seat)
(Witness) BY:
(rttleJ
amie Harris, Attorney—in—fact
AIA DOCUMENT A310'BID BOND•AIA®•FEBRUARY 1970 ED.'THE AMERICAN
INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON D.C.20006
CON 0365 (12/99)
.
I
POWER OF ATTORNEY
Merchants Bonding Company (Mutual)
Nations Bonding Company
Bond No./37 .5 v
KNOW ALL PERSONS BY THESE PRESENTS:That MERCHANTS BONDING COMPANY(MUTUAL)is a corporation duly organized under the
laws of the State of Iowa,and that NATIONS BONDING COMPANY is a corporation duly organized under the laws of the State of Texas
(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint
Billy Ray finks,Jamie Harris,Donald N.Jordan,Richard D.Wagner,Greg LeJune and/or Ryan Railsback
of San Antonio and State of Texas their true and lawful Attorney-in-Fact,with full power
and authority hereby conferred in their name, place and stead,to sign,execute, acknowledge and deliver in their behalf as surety
any and all bonds, undertakings, recognizances or other written obligations in the nature thereof,subject to the limitation that any
such instrument shall not exceed the amount of:
FIVE MILLION($5,000,000.00)DOLLARS
and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers
of the Companies,and all the acts of said Attorney-in-Fact,pursuant to the authority herein given,are hereby ratified and confirmed.
This Power-of-Attorney is made and executed pursuant to and by authority of the following bylaws adopted by the Board of Directors
of Merchants Bonding Company (Mutual) on November 16, 2002 and adopted by the Board of Directors of Nations Bonding
Company on April 19,2003.
'The Chairman of the Board or President or any Vice President or Secretary shall.-have power and authority to appoint
Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,
bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof.
The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or
Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship
obligations of the Company, and such signature and seal when so used shall have the same force and effect as though
•manually fixed."
In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 1st day of September,2004.
••o N b iH6',• .'a0" �D�A. MERCHANTS BONDING COMPANY(MUTUAL)
••�'O�PB9.. 0.• •�O•,.ORP0,99.9y' NATIONS BONDING COMPANY
•
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•O 2003 ra: y 1933 c. B / 7mod.• L . v'•. y 7 ‘
•
STATE OF IOWA • •''"'•' •••.
• President
COUNTY OF POLK ss.
On this 1st day of September,2004,before me appeared Larry Taylor,to me personally known,who being by me duly sworn did say that
he is President of MERCHANTS BONDING COMPANY(MUTUAL)and NATIONS BONDING COMPANY;and that the seals
affixed to the foregoing instrument are the corporate seals of the Companies;and that the said instrument was signed and sealed in
behalf of the Companies by authority of their respective Boards of Directors.
•
In Testimony Whereof,I have hereunto set my hand and affixed my Official Seal at the City of Des Moines,Iowa,the day and year first
above written.
40 CINDY SMYTH
, F Commission Number 173504 '?'. :. ;. •
My Commission Expires
March 16,2006 Notary Public,Polk County,Iowa
STATE OF IOWA
COUNTY OF POLK ss.
I, Wiliam Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and NATIONS BONDING COMPANY,do hereby certify
that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is
still in full force and effect and has not been amended or revoked.
In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this day of Od 6
r•, 200'3 ra; . y 1933 ;c Secretary
. gib. ."- • ,;• cam.
NBC 0103 (9/04)
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IMPORTANT NOTICE
To obtain information or make a complaint:
You may contact your insurance agent at•the telephone num bar provided by your insurance agent.
You may call Merchants Bonding Company's toll-free-telephone number for information or to make a
.complaint at:
1-800=678-8171
You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights
or complaints at:
1-800-252-3439
You may write the Texas Department of Insurance at:
P. O. Box 149104
Austin, TX 78714-9104
FAX#(512)475-1771
PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning y our premium or about a claim
you should contact the agent first. If the dispute is not resolved,you may contact the Texas Department of
Insurance.
ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a par
or condition of the attached document.
•
SUP 0032 TX(9/04)
Print Map
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PLYA1QilTN LANOkWG
JACQUELYN DR.
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Projects Dept - GI S Div - 2005
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Barry Rose Fence
15-Feb-06 03:05 PM
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2/15/2006
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7 Contract Documents &
7 Technical Specifications
for:
7
7: Barry Rose Road Fence
7 Broadway (FM 518) to Pearland Parkway
7
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7. • Bid No. : B2006-019
7
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January, 2006 OF ° ``‘, ' ,_
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Prepared By: • o /. . • .•
®• LOUIS•••KIRST
-rp KIRST KQSMOSKI,INC. BOO-Po,x� 65540 �Q•47 0
1‘ Civil/Consulting Engineers Oo AL
C1 S T ECt',
12630 Fountainview,Suite 318 CDOO ONAL•„N,
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Houston,Texas 77057 0®ppp
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Contract Documents &
Technical Specifications
for:
Barry Rose Road Fence
Broadway (FM 518) to Pearland Parkway
rip
Bid No. : B2006-019
7,
January, 2006
Prepared'By:
K KIRST KOSMOSKI,INC.
KCivil/Consulting Engineers,
2630 Fountainview,Suite 318
Houston,Texas 77057
'7
CITY OF PEARLAND
BRAZORIA COUNTY,TEXAS
Barry Rose Road Fence
Broadway (FM 518) to Pearland Parkway
TABLE OF CONTENTS
NO. OF
SECTION TITLE PAGES
FRONT END DOCUMENTS
DIVISION 0-PROJECT EXECUTION
00100 Invitation to Bid 2
00200 Instructions to Bidders 6
00300 Bid Proposal 3
00500 Standard Form of Agreement 5
00610 Performance Bond 2
00611 Payment Bond 2
00612 One-Year Maintenance Bond 2
00613 One-Year Surface Correction Bond 2
D 00700 General Conditions of Agreement 27
00701 Attachment No. 1 to General Conditions 3
00702 Attachment No. 2 to General Conditions 6
00800 Special Conditions of Agreement 2
00811 Wage Scale for Engineering Construction 2
00813 Wage Scale for Building Construction 1
TECHNICAL SPECIFICATIONS
DIVISION 1 -GENERAL REQUIREMENTS
01100 Summary of Work 1
01140 Contractor's Use of Premises 3 -�
01200 Measurement and Payment Procedures 3
01290 Change Order Procedures 4
01310 Coordination and Meetings 3
01350 Submittals 6 ,,
01380 Construction Photographs 3
01420 Referenced Standards 5
01430 Contractor's Quality Control 2
01440 Inspection Services 1
01450 Testing Laboratory Services 2
01500 Temporary Facilities and Controls 9
01505 Mobilization 1 1
01550 Stabilized Construction Exit 4
Barry Rose 00010- 1 of 2
CITY OFPEARLAND TABLE OF CONTENTS
71
01555 01562 Waste TrafficMaterial Di Control and
sposa Regul lation 4
r-
IC 1 2 ;
01563 Tree and Plant Protection 3 `
01600 Material and Equipment 3 _-,
7 01630 Product Options and Substitutions 3
01720 Field Surveying 2
01760 Project Record Documents 2 [1
7 01770 Contract Closeout 2 1
DIVISION 2—SITE WORK P.
0 1
02200 Site Preparation 4
02220 Site Demolition 4
02820 Fencing and Gates 2 1
so. .. ....... . ...................... .... . .... ................ .... .. . .. . ...... ........ . . . . ..... . '
L
03300 Cast-in-Place Concrete 33 •
7
END OF SECTION
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Barry Rose 00010-2 of 2
17
CITY OF PEARLAND INVITATION TO BID
Section 00100
INVITATION TO BID
CITY OF PEARLAND, TEXAS
Bid No.: B2006-019
Sealed Bid Proposals,in duplicate, referencing the following Project, will be received in the office
of the City Secretary of the City of Pearland, City Hall, Suite 309, 3519 Liberty Drive, Pearland,
Texas 77581, until 3:00 p.m., February 8, 2006, at which time they will be publicly opened and
read aloud for the construction of:
Barry Rose Road Fence
Broadway (FM 518) to Pearland Parkway
Bid No.: B2006-019
This Project will entail removal of existing fence and construction of new wood fence and new
concrete fence along north and south side of Barry Rose Road. The Work includes, but is not
limited to:
Wood Fence: 894 linear feet of 8 foot notched top wood fence
Five (5) matching 4 foot pedestrian gates.
Reattach two (2) existing wood double gates.
Removal and disposal of existing fence and vegetation in construction path. r'
Reattach existing side lot fences.
Concrete Fence: 3631 linear feet of concrete fence
Removal and disposal of existing fence and vegetation in construction path.
Reattach existing side lot fences.
Work is to be Substantially Complete within sixty (60) Calendar Days and completed and ready
for Final Payment within seventy-four (74) Calendar Days of written Notice to Proceed.
Liquidated damages in the amount of $500 per day will be assessed in the event Work is not R"
completed in this time limit.
Information and Bid Documents: Copies of the Contract Documents, Plans, and Technical
Specifications are on file at the following locations for review:
City of Pearland (281) 652-1668
City Hall, Purchasing Department
3519 Liberty Drive
Pearland, Texas 77581
AGC of Texas (713) 334-7100
2400 Augusta, Suite 180
Houston,Texas 77057
Barry Rose 00100- 1 of 2
fl
CITY OF PEARLAND INVITATION TO BID
AGC of America (713) 843-3700
3825 Dacoma Street
Houston, Texas 77092-8717
Dodge Reports (713) 529-4895
4101 Greenbriar, Suite 320
Houston, Texas 77098
These documents may be examined without charge at the above locations. Bidders may purchase
a complete set of the Contract Documents, Plans, and Technical Specifications from the City of
Pearland, Projects Depaitiuent, 3519 Liberty Drive, 3rd Floor, Pearland, TX 77581, (281) 652-
1756 for$50 per set,non-refundable. Partial sets will not be issued.
A
A Mandatory Pre-Bid Meeting will be held at 2:00 p.m., February 1, 2006, on site, beginning in
the parking lot adjacent to PetCo, %block north of FM 518 on Barry Rose Road.
ENo Bid Proposal may be withdrawn or terminated for a period of sixty(60) days following the Bid
Opening without the consent of the City of Pearland.
rBidder's Bond, Cashier's Check, or Certified Check payable to the City of Pearland in the amount
of five percent(5%) of the total Bid Price must accompany each Bid Proposal.
,",Th
isU The City of Pearland reserves the right to reject any or all Bid Proposals or to accept any Bid
Proposal deemed advantageous to the City.
The Successful Bidder must furnish Performance, Payment, and Maintenance Bonds as required
by law (Article 5160, Vernon's Texas Civil Statutes, as amended) upon an acceptable form in the
amount of one hundred percent (100%) of the Bid Price. Such Bonds must be executed by a
corporate surety duly authorized to do business in the State of Texas, and named on the current list
of"Treasury Department Circular No. 570",payable to the City of Pearland, Texas.
Equal Opportunity in Employment: All qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, or national origin.
All communications relative to this Project shall be in writing, directed to the Project Manager,
Ms. Jennifer Phan, City of Pearland,Projects Division, 3519 Liberty Drive, Pearland, TX 77581.
Purchasing Officer
Date
Barry Rose 00100-2 of 2
CITY OF PEARLAND INSTRUCTIONS TO BIDDERS
Section 00200
") INSTRUCTIONS TO BIDDERS
1. Definition of Terms:
The term "Bidder" means one who submits a Bid directly to Owner, as distinct from a
sub-bidder, who submits a Bid to a Bidder. The term "Successful Bidder" means the
lowest, qualified, responsible, and responsive Bidder to whom Owner (on the basis of
Owner's evaluation as hereinafter provided) makes an award. The term "Bidding
Documents" means all documents that are necessary and sufficient in scope and detail
to indicate and convey the understanding of all terms and conditions for performance
and furnishing of the Work. These include Section 00100 - Invitation to Bid, Section
00200 - Instructions to Bidders, Section 00300 -Bid Proposal, all Addenda issued prior
to receipt of Bid Proposals, Plans and Technical Specifications, and the proposed
Contract Documents as defined in Section 00700 — General Conditions of Agreement
(with Attachments). The term "Bid Price" means the amount the Bidder proposes it
will cost to complete the Work in accordance with Bidding Documents.
2. Copies of Bidding Documents:
2.1 Complete sets of Bidding Documents in the number and for the purchase sum
stated in the Invitation to Bid may be obtained from the Engineer.
2.2 Complete sets of Bidding Documents must be used in preparing Bids; neither
Owner nor Engineer assumes any responsibility for errors or misinterpretations
resulting from the use of incomplete sets of Bidding Documents.
2.3 Owner and Engineer in making copies of Bidding Documents available on the
above terms do so only for the purpose of obtaining Bids on the Work and do
not confer a license or grant for any other use.
3. Qualifications of Bidders:
3.1 To demonstrate qualifications to perform the Work, each Bidder must be
prepared to submit within two (2) days of Owner's request written evidence,
such as financial data, previous experience, present commitments, list of
proposed sub-bidders, references, and other such data, as may be called for by
the Owner. The apparent low Bidder must submit this information to the
Engineer within 24 hours of Bid Opening.
4. Examination of Bidding Documents and Site: fl
4.1 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 Bidding
Barry Rose 00200- 1 of 6
rCITY OF PEARL AND INSTRUCTIONS TO BIDDERS
7 Documents, and (e) notify Engineer of all conflicts, errors or discrepancies in
the Bidding Documents.
r4.2 Those reports of explorations and tests of conditions at the Site which have
been utilized by the Engineer in preparation of the Bidding Documents will be
made available on request. Bidder may rely upon the accuracy of the technical
rdata contained in such reports but not upon non-technical data, interpretations,
or opinions contained therein, or for the completeness thereof for the purposes
of bidding or construction.
rt
R_
4.3 Information and data reflected in the Bidding Documents with respect to
Underground Facilities at or contiguous to the Site is based upon information
rr and data furnished to Owner and Engineer by owners of such Underground
Facilities or others. Owner and Engineer do not assume responsibility for the
raccuracy or completeness thereof.
4.4 Before submitting a Bid Proposal, each Bidder will, at Bidder's own expense,
7 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
r contiguous to the Site or which may affect cost, progress, performance, or
furnishing of the Work and which Bidder deems necessary to determine its Bid
Proposal for performing and furnishing the Work in accordance with the time,
rt
,,,D price, and other terms and conditions of the Bidding Documents.
4.5 On request in advance, Owner will provide each Bidder access to the Site to
ohc
conduct such explorations and tests as each Bidder deems necessary for
submission of a Bid Proposal. Bidder shall fill all holes, clean up and restore
the Project Site to its former condition upon completion of such explorations.
r
4.6 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
tA
performing the Work are identified in the Bidding Documents. All additional
lands and access thereto required for temporary construction facilities or storage
of materials and equipment are.to be provided by Contractor. Easements for
7 permanent structures or permanent changes in existing structures are to be
obtained and paid for by Owner unless ,otherwise provided in the Bidding
Documents.
4.7 ' The submission of a Bid Proposal will constitute an incontrovertible
representation by Bidder that Bidder has complied with every requirement of
ri this Section, 4. "Examination of Bidding Documents and Site", that without
exception the Bid Proposal is premised upon performing and furnishing the
Work required by the Bidding Documents and such means, methods,
7
techniques, sequences or procedures of construction as may be indicated in or
required by the Bidding Documents.,
rv---)
5. Interpretations and Addenda:
r* Barry Rose 00200-2 of 6
L
CITY OF PEARLAND INSTRUCTIONS TO BIDDERS
5.1 All questions about the meaning or intent of the Bidding Documents are to be
directed in writing to the Engineer. Interpretations or clarifications considered
necessary by Engineer in response to such questions will be issued in writing by
Addenda mailed or delivered to all parties recorded by Engineer as having
received the Bidding Documents. Questions received less than five (5) days
prior to the date of Bid Opening 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.
5.2 Addenda may also be issued to modify the Bidding Documents as deemed
advisable by Owner or Engineer.
6. Bid Security:
6.1 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 Price
and in the form of a certified or bank check or a Bid Bond.
6.2 The Bid Security of the Successful Bidder will be retained until such Bidder has
executed Section 00500 - Standard Form of Agreement and furnished the
required contract security, whereupon the Bid Security will be returned. If the
Successful Bidder fails to execute and deliver Section 00500 - Standard Form
of Agreement and furnish the required contract security within ten (10) days of
the Notice of Award, Owner may annul the Notice to Award and the Bid
Security of that Bidder will be forfeited. The Bid Security of other Bidders
whom Owner believes to have a reasonable chance of receiving the award may
be retained by Owner until the Effective Date of the Agreement or the sixty-
first day after the Bid Opening, whereupon Bid Security furnished by such
Bidders will be returned.
•
7. Contract Time:
The number of days in which the Work is to be Substantially Completed and also 1
completed and ready for Final Payment (Contract Time) are set forth in Section 00300
-Bid Proposal and Section 00500 - Standard Form of Agreement.
8. Liquidated Damages and Early Completion Bonus:
Provisions for Liquidated Damages and early completion bonus, if any, are set forth in
Section 00500 - Standard Form of Agreement.
9. Substitute or"Or-Equal" Items:
The Contract, if awarded, will be on the basis of the selected materials and equipment
described in the Plans or specified in the Technical Specifications without
consideration of possible Substitute or "Or-Equal" items. Whenever it is indicated in
the Plans or specified in the Technical Specifications that a Substitute or "Or-Equal"
item of material or equipment may be furnished or used by the Contractor only if
acceptable to Engineer, application for such acceptance will not be considered by
Barry Rose 00200-3 of 6
71'
CITY OF PEARLAND INSTRUCTIONS TO BIDDERS
Engineer until after the Effective Date of the Agreement. All "Or-Equal" references
shall be interpreted to mean "or approved equal". The procedure for submission of any
such application by Contractor and consideration by Engineer is set forth in the
Bidding Documents.
10. Bid Proposal:
10.1 Section 00300 - Bid Proposal is included with the 'Bidding Documents;
rt, additional copies may be obtained from Engineer(or the issuing office).
10.2 All blanks in Section 00300 - Bid Proposal must be completed in ink or by
typewriter.
10.3 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.
10.4 Bid Proposals by partnerships must be executed in the partnership name and
signed by a partner, whose title must appear under the signature and the official
7, address of the partnership must be shown below the signature.
10.5 All names must be typed or printed below the signature:
10.6 The Bid Proposal shall contain an acknowledgment of receipt of all Addenda
(the number of which must be recorded in Section 00300-Bid Proposal).
10.7 The address and telephone number for communications regarding the Bid
Proposal must be shown.
11. Submission of Bid Proposals: .
Bid Proposals shall be submitted in duplicate at the.time and place indicated in Section
p p
i„ 00100 - Invitation to Bid and shall be enclosed in an opaque sealed envelope marked
with the Project title and the name and address of the Bidder. All Bid Proposals must
be accompanied by Bid Security. If the Bid Proposal is sent through the mail or other
delivery system the sealed envelope shall be enclosed in a separate envelope with the
notation "BID ENCLOSED" on the face.
12. Modification and Withdrawal of Bids:
12.1 - Bids Proposal may be modified or withdrawn by an appropriate document duly
executed (in the manner that a Bid Proposal must be executed) and delivered to
the place where Bid Proposals are to be submitted at any time prior to the Bid
Opening.
12.2 If, within twenty-four (24) hours after Bid Proposals are opened, any Bidder
files a duly signed, written notice with Owner and promptly thereafter
Barry Rose 00200-4 of 6
�1
CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 4
demonstrates to the reasonable satisfaction of Owner that there was a material
`--) and substantial mistake in the preparation of its Bid Proposal, that Bidder may
request to withdraw its Bid Proposal and the Bid Security may be returned at ''"
the discretion of the owner. Thereafter, that Bidder will be disqualified from _
further bidding on that specific Project.
13. Bid Opening:
p g:
Bid Proposals will be opened and (unless obviously non-responsive) read aloud `-)
publicly. An abstract of the amounts of the Base Bid Items and Extra Items (if any)
will be made available to Bidders after the Bid Opening. e,
14. Bid Proposals to Remain Subject to Acceptance:
All Bids Proposals will remain subject to acceptance for sixty(60) days after the day of
the Bid Opening, but Owner may, in its sole discretion,release any Proposal and return
the Bid Security prior to that date.
15. Award of Contract: J.
P)
15.1 Owner reserves the right to reject any and all Bid Proposals, to waive any and 1
all informalities not involving price, time or changes in the Work and to
negotiate contract terms with the Successful Bidder, and the right to disregard r,,
D
all nonconforming, nonresponsive, unbalanced or conditional Bid Proposals. j
Also, Owner reserves the right to reject the Bid Proposal of any Bidder if
Owner believes that it would not be in the best interest of the Project to make
an award to that Bidder, whether because the Bid Proposal is not responsive or 1
the Bidder is unqualified or of doubtful financial ability or fails to meet any -
other pertinent standard or criteria established by Owner. 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.
15.2 In evaluating Bids Proposals, Owner will consider the qualifications of the
Bidders, whether or not the Bids Proposals comply with the prescribed
requirements, and such alternatives, Unit Prices, and other data, as may be
requested in Section 00300 -Bid Proposal or prior to the Notice of Award.
r=�
15.3 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 financial ability of Bidders, proposed Subcontractors,
Suppliers and other persons and organizations to perform and furnish the Work
in accordance with the Bidding Documents to Owner's satisfaction within the
proposed Contract Time.
15.4 The Contract is to be awarded to the lowest Bidder whose evaluation by Owner
_1 ' indicates to Owner that the award will be in the best interest of the Project. r 1
•
Barry Rose 00200-5 of 6
CITY OF PEARLAND INSTRUCTIONS TO BIDDERS
15.5 If the Contract is to be awarded, Owner will give the Successful Bidder a
Notice of Award within the time period, as stated in this Section, Bid Proposals
are to Remain Subject to Acceptance.
J
16. Contract Security:
r. When the Successful Bidder delivers the executed Section 00500 - Standard Form of
Agreement to Owner, it must be accompanied by the required Performance and
Payment Bonds.. Bonds may be on the forms provided herein or an equal form
containing no substantive changes.
17. Signing of Section 00500 - Standard Form of Agreement:
When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied
by the required number of unsigned counterparts of Section 00500 - Standard Form of
Agreement with all other written Contract Documents attached. Within fifteen (15)
days thereafter Contractor shall sign and deliver the required number of counterparts of
Section 00500 - Standard Form of Agreement and attached documents to Owner with
the required Bonds. Within ten (10) days thereafter.Owner• shall deliver one fully
signed counterpart to Contractor. Each counterpart is to be accompanied by a complete
set of the Plans with appropriate identification.
18. Pre-Bid Meeting:
A Pre-Bid Meeting will be held as indicated in Section 00100- Invitation to Bid.
19. Retainage:
Provisions concerning Retainage are set forth in Section 00700 — General Conditions
of Agreement.
END OF SECTION
1t4
Barry Rose 00200-6 of 6
ri
•
CITY OF PEARLAND BID PROPOSAL
Section 00300
BID PROPOSAL
2-8-06
Date
Bid of FENCECRETE AMERICA LTD. , an individual proprietorship/a
corporation organized and existing under the laws of the State of Texas/ a partnership consisting
of Yuda Doliner, Leonard Holzman, Jaime , for the construction of
Rapaport
Barry Rose Road Fence
Broadway (FM 518) to Pearland Parkway
City of Pearland, Texas --
Bid No.: B2006-019
(Submitted in Duplicate)
n
To: The Honorable Mayor and City Council of Pearland
City of Pearland -
3519 Liberty Drive
Pearland, Texas 77581
Pursuant to the published Invitation to Bid, the undersigned Bidder hereby proposes to do 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 included under the Contract for the
construction of the Barry Rose Road Fence, Broadway(FM 518) to Pearland Parkway as
shown on the Plans with all related appurtenances, complete, tested, and operational, in
accordance with the Plans and Technical Specifications prepared by the Engineer, Eddie Kirst, �fl
P.E., Kirst Kosmoski, Inc., 2630 Fountainview Suite 318, Houston, TX 77057, under the City of
Pearland's inspection, for the Unit Prices set forth in this Bid Proposal which bears our(the
Bidder's) signature for identification. It is understood that, in the event any changes are ordered
on any part of the Work, the Unit Prices bid shall apply as additions to or deductions from the total
prices for the parts of the Work so changed.
n
The Bidder binds himself upon acceptance of his proposal to execute a contract and furnish
Performance Bond and Payment Bond each in the amount of one hundred percent (100%) of the
total Contract Price, according to the specified forms, for performing and completing the said
Work within the Contract Time.
The undersigned Bidder agrees to commence Work within ten (10) days after the date of written
Notice to Proceed. It is understood that the Work is to be Substantially Complete within one
hundred twenty(120) calendar days and completed and ready for Final Payment within one
hundred thirty four (134) calendar days after the date of Notice to Proceed. Time for completion
shall begin on the date established by Notice to Proceed.
fl
Rarry Rose 00300rr- I of 3
CITY OFPF.ARTAN7) BID PROPOSAL
Item Spec. -
No. No. Bid Item Description Unit Quantity Unit Price Amount Bid
BASE BID ITEMS
1 02820 Wood Fence—8' Cedar LF 894 $ 23.90 $ 21,366.60
1"'4 2 02820. 4 Foot Pedestrian Gate-Matching Each. 5 .$ 210.00 $ 1,050.00
3 02820 Concrete Fence—8'Pre-Cast LF. 3631 $ 61.60 $223,669.60
4 01505 Mobilization(Limit to 3%of total Bid) LS 1 $1,250.00 $ 1,250.00
SUBTOTAL BASE BID ITEMS $247,336.20
EXTRA ITEMS
t
r
SUBTOTAL EXTRA ITEMS
GRAND TOTAL $247,336.20
c
Barry Rope 00100rr-2 of
[2]
CITY OFPFARLAND BID PROPOSAL,
It is agreed that the Contract Price may be increased or decreased to cover work added or deleted
by order of the Engineer, in accordance with the provisions of Section 00700 - General Conditions
of Agreement.
•
The undersigned agrees that the amounts bid in this Bid Proposal will not be withdrawn or
modified for sixty (60) days following date of Bid Opening.
1
It is understood that in the event the Successful Bidder fails to enter into the Contract within ten
(10) days of the Notice of Award and fails to furnish a Performance Bond and Payment Bond in
the amount of one hundred percent(100%) of the Contract Price for all parts of the Work, the _!
Successful Bidder will forfeit the Bid Security submitted with his Bid Proposal, as provided in
Section 00200 -Instructions to Bidders.
The following Addenda have been received. The modifications to the Bidding Documents noted
therein have been considered and all costs thereto are included in the Bid Price. fl
Addendum No. 1 Date 2-6-06 Addendum No. - Date
Addendum No. - Date Addendum No. Date
Addendum No. - Date Addendum No. - Date
Firm Name: FENCECRETE AMERICA LTD.
Signed: ,�
Address: 15089 TRADESMAN DRIVE
Phone No: (210) 492-7911
ATTEST:
(Seal, if Bidder is a Corporation) l
Date:
Signature H
Date
END OF SECTION
Barry Rose 00300rr-3 of
7
•
7 • THE AMERICAN INSTITUTE OF ARCHITECTS
7
006
r , :,..i.eu•,
•
A/A Document A310
r • Bid Bond.
r .
KNOW ALL MEN BY THESE PRESENTS, that we Fencecrete America, Ltd.,
figs; 15089 Tradesman Drive, San Antonio, Texas 78249
as Principal, hereinafter called the Principal,-and MERCHANTS BONDI
NG COMPANY(Mutual)
. a corporation duly organized under the laws of the State of IOWA
as Surety,hereinafter called the Surety,are held and firmly bound unto City of Pearland, 3519 Liberty
Drive, Pearland, Texas- 77581ri . . .
as Obligee, hereinafter called the Obligee, in the sum of
Five Percent (5%) of the Maximum Bid Dollars($' 5% of Bid ),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind
7 ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these
presents.
WHEREAS,the Principal has submitted a bid for construction of the Barry Rose Road
Fence, Broadway (FM 518) to Pearland Parkway for the City of Pearland,
Texas
r 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 materials 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.
Ir Signed and sealed this 8th day of February 2006
i
Fencecrete America, Ltd
r Yi.,:g.4.7 r
( ess)6, ,4
(Seal)
(--L (Title)
MERCHANTS BONDING COMPANY(Mutual)
(Suret r (Seal
(Witness) BY:
(Title)
amie Harris, Attorney—in—fact
7 AIA DOCUMENT A310•BID BOND•AIA®•FEBRUARY 1970 ED.•THEAMERICAN
INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON D.C.20006
CON 0365 (12/99)
r
n
POWER OF ATTORNEY
,
Merchants Bonding Company (Mutual)
Nations Bonding Company
Bond No.�. 5 v
KNOW ALL PERSONS BY THESE PRESENTS:That MERCHANTS BONDING COMPANY(MUTUAL)is a corporation duly organized under the
laws of the State of Iowa,and that NATIONS BONDING COMPANY is a corporation duly organized under the laws of the State of Texas
(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint ,e••
Billy Ray Jinks,Jamie Harris,Donald N.Jordan,Richard D.Wagner,Greg LeJune and/or Ryan Railsback
of San Antonio and State of Texas their true and lawful Attorney-in-Fact,with full power
and authority hereby conferred in their name, place and stead,to sign,execute, acknowledge and deliver in their behalf as surety
any and all bonds, undertakings, recognizances or other written obligations in the nature thereof,subject to the limitation that any
such instrument shall not exceed the amount of:
FIVE MILLION(S5,000,000.00)DOLLARS
and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers
of the Companies,and all the acts of said Attorney-in-Fact,pursuant to the authority herein given,are hereby ratified and confirmed.
This Power-of-Attorney is made and executed pursuant to and by authority of the following bylaws adopted by the Board of Directors *1
of Merchants Bonding Company (Mutual) on November 16, 2002 and adopted by the Board of Directors of Nations Bonding I
Company on April 19,2003.
"The Chairman of the Board or President or any Vice President or Secretary shall.have power and authority to appoint
Attorneys-in-Fact, and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto, 4."1
bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof.
. I
The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or
Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship
obligations of the Company, and such signature and seal when so used shall have the same force and effect as though 1
manually fixed."
In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 1st day of September,2004.
.,•O N fNC,., ••*.•.]. C. ,,o•• MERCHANTS BONDING COMPANY(MUTUAL)
�'"O PQ9q'-0'� .�•.e., O44.- .• NATIONS BONDING COMPANY •
-O:• 2003 :'a y,..,c. 1933 ;'c,..:
•
By
,,./„.., 7:7,4_, ..rn,
•
• STATE OF IOWA ••"'•• •....... President
- COUNTY OF POLK ss.
1
On this 1st day of September,2004,before me appeared Larry Taylor,to me personally known,who being by me duly sworn did say that 1
he is President of MERCHANTS BONDING COMPANY(MUTUAL)and NATIONS BONDING COMPANY; and that the seals
affixed to the foregoing instrument are the corporate seals of the Companies;and that the said instrument was signed and sealed in �}
behalf of the Companies by authority of their respective Boards of Directors.
I
In Testimony Whereof,I have hereunto set my hand and affixed my Official Seal at the City of Des Moines,Iowa,the day and year first
above written.
• '1
•
�pp CINDY SMYTH
'7'�'F Commission Number 173504
_ow. My Commission Expires •
March 16,2006 7
STATE OF IOWA NofaryPublic,Polk County Iowa
COUNTY OF POLK ss.
I, William Warner,Jr.,'Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and NATIONS BONDING COMPANY,do hereby certify
that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is
still in full force and effect and has not been amended or revoked.
In Witness Wnereof,I have hereunto set my hand and affixed the seal of the Companies on thisYday of od to
..•1,4-D.IN•.. ••o\�G,Co�•., •
..,:•�: •gP•04, •• •o?ORPO .4•
:Z1.` -.o- •�• :ti:Z -°- �•: "_��''�.'. •+T/ !�B'G!/l./2117�,
:• -`•.. 20'03 `,0: :y 1933 ;C Secretary
--,•
NBC 0103 (9/04)
ri .,, .
•
1 IMPORTANT NOTICE -
7 To obtain information or make a complaint: -
You may contact your insurance agent at-the telephone num ber provided by your insurance agent
FT You may call Merchants Bonding Company's toll-free-telephone number for information or to make a
.complaint at:
1-800-678-8171
'', You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights
or complaints at:
1-800-252-3439
You may write the Texas Department of Insurance-at:
P. O. Box 149104
41.1 Austin,TX 78714-9104
FAX#(512)475-1771
01 PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning y our premium or about a claim
you should contact the agent first. If the dispute is not resolved,you may contact the Texas Department of
Insurance.
ril . ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a par
or condition of the attached document
L
•
14
{' •
?,
-!(
41,
Ib
_l.
I SUP 0032 TX(9/04)
t_
7
CITY OF PFARLAND PERFORMANCE BOND
Section 00610 •
PERFORMANCE BOND
Bond #TXC56023
STATE OF TEXAS § "�
COUNTY OF BRAZORIA §
KNOW ALL MEN BY THESE PRESENTS: That Fencecrete America, Ltd. of
the City of San Antonio ,County of Bexar , and State of Texas,as principal,
and Merchants Bonding_Company (Mutual)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(Owner),
in the penal sum of Two Hundred Forty Seven Thousand. Three Hundred Thirty for Six and 20/100
the payment whereof, the said Principal and Surety bind themselves,and their heirs, Dollar
administrators,.exeeutors,successors,and assigns,jointly and severally,by these presents:
fl
WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the
28 day pf February ,200 6,to commence and complete the construction of certain
improvements described as follows:
Barry Rose Road Fence
Broadway(FM 518)to Pearland Parkway fl
City of Pearland,Texas
Bid No.: B2006-019
f{{
which Contract is hereby referred to and made a part hereof as fully and to the same extent as if
copied at length herein.
NOW THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,that if the said
Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe
and perform all and singular the covenants, conditions and agreements in and by said Contract
agreed and covenanted by the Principal to be observed and performed, and according to the true
intent and Meaning of said ContractDocuments and Plans and Technical Specifications hereto n
annexed, then this obligation shall be void; otherwise to remain in full force and effect;
PROVIDED,HOWEVER,that this Bond is executed pursuant to the provisions of 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.
Surety,for value received, stipulates and agrees that no change, extension of time,alteration'or —J
addition to the terms of the Contract, or to the Work performed there-under, or the Plans and
Technical Specifications, 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 there-under.
BarryRose
00610-r of 2
r
CITY OFPF.ARLM2) + PERFORMANCE BOND
7 1N WITNESS WHEREOF,the said Principal and Surety have signed and sealed this instrument
this 28 day of February, 2006 •
7
Principal: Surety:
f7Fencecrete America, Ltd. Merchants Bonding Company (Mutual)
•
ri .
, i By: .
ie Harris
{7 Title: C•E-•D• Title: Attorney-in-fact '
[16L Address:
Address:
/EDgCt 1 rades 1 8303 North yMoPac, Suite B400
•
t4 �� ( r 2 Austin
s7C:�.YI �1"f�K�(\d. ` x � Texas 78759
v Telephone: Z I b-- 49 Z- (791 1 Telephone: 800-678-8171
7 Fax: Z1 1492-- ¶ 143 Fax: 512-343-8363
l" The name and address of the Resident Agent of Surety is:
L.
. Jamie Harris
r''' , .
Catto & Catto., LLP
217 East Houston St., Suite 100
r '
San Antonio, -Texas 78205 1801
t END OF SECTION
,.A
{ ' .
r
c. Rm,„„..,
00610-2 of
r
• CITY OFFEARLAND • PAYMENT BOND
Section 00611 Bond #TXC56023
PAYMENT BOND
•
STATE OP TEXAS §
COUNTY OF BRAZORIA §
KNOW ALL MEN BY THESE PRESENTS:That Fencecrete America, Ltd. of I
the City of San Antonio , County of Bexar , and State of Texas,as principal,
and. Merchants Bonding Company (Mutual)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 (Owner), �{
in the penal sum of Two Hundred Forty Seven Thousand Three Hundred Thirty for Six and 20/100 ;
the payment whereof,the said Principal and Surety bind themselves,and their heirs, Dollars
administrators, executors, successors, and assigns,jointly and severally,by these presents:
WHEREAS,the Principal has entered into a certain written contract with the Owner,dated the
28 day of February ,200 6 to commence and complete the furnishing of certain
improvements described as follows:
Barry Rose Road Fence
Broadway(FM 5i8)to Pearlaud Parkway
City of Pearland,Texas
Bid No.: B2006-019
which Contract is hereby referred to and made a part hereof as fully and to the same extent as if
copied at length herein.
NOW THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,that if the said
Principal shall pay all claimants supplying labor and material to him or a subcontractor in the
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.Govemment 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.
I
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 and
Technical Specifications accompanying the same,shall in any way affect its obligation on this
Bona and it dots hereby waive notice of any such change, extension of time, alteration or addition
1-1
to the terms of the Contract, or to the Work to be performed thereunder.
Barry Rose
00611-1 of 2
7 CITY OF PEARLf1NI) PAYMENT BOND
ND
7 IN WITNESS WHEREOF,the said Principal and Surety have signed and sealed this instrument
this 28 day of February,..2006
Z" Principal: Surety:
Fencecrete America, Ltd. Merchants Bonding Company (Mutual)
[7 ' . . ___
F • B -_ -
nn rr.. mie Harris
7
Title: lam•G' 5' Title: Attorney-in-fact
Address: - Address:
F:
l 6o \ 1 r slYtt.4'1,• 8303 North' MoPac'; Suite B400 _.
rSax nio 1 X 1 2 41 Austin; Texas 78759
44
Telephone: 21D-1467IZ- (161 11 Telephone: 800-678-8171
•
Fax:. Z10-4 `�- b�`�J Fax: : 512-343-8363
•
. . .
T. The name and address of the Resident Agent of Surety is:
Jamie Harris
Catto & Catto, LLP
217 East Houston St. , Suite 100 . .
l' . .
San Antonio., Texas 782,05-1801
r . . .
•
C' . .
END OF SECTION
•
r.
iL
c"' Barry Rose • 00611-2 of 2
r
7
POWER OF ATTORNEY ,.
Merchants Bonding Company (Mutual) "?
Nations Bonding Company
Bond No. TXC56023 1
KNOW ALL PERSONS BY THESE PRESENTS:That MERCHANTS BONDING COMPANY(MUTUAL)is a corporation duly organized under the
laws of the State of Iowa,and that NATIONS BONDING COMPANY is a corporation duly organized under the laws of the State of Texas
(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint ,
Billy Ray Jinks,Jamie Harris,Donald N.Jordan,Richard D.Wagner,Greg LeJune and/or Ryan Railsback -.
of San Antonio and State of Texas their true and lawful Attorney-In-Fact,with full power r`
and authority hereby conferred in their name,place and stead,to sign,execute, acknowledge and deliver in their behalf as surety
any and all bonds, undertakings, recognizances or other written obligations in the nature thereof,subject to the limitation that any .%such instrument shall not exceed the amount of:
FIVE MILLION($5,000,000.00)DOLLARS t"i
and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers I
of the Companies,and all the acts of said Attorney-in-Fact,pursuant to the authority herein given,are hereby ratified and confirmed.
This Power-of-Attorney is made and executed pursuant to and by authority of the following bylaws adopted by the Board of Directors
of Merchants Bonding Company (Mutual) on November 16, 2002 and adopted by the Board of Directors of Nations Bonding
Company on April 19,2003. i
The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint
Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto, ,--j
bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof.
The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or
Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship
obligations of the Company, and such signature and seal when so used shall have the same force and effect as though r"i
manually fixed."
In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 1st day of September,2004.
...1.‘.• ••• G ►.• i.?.Ii. tq•, MERCHANTS BONDING COMPANY(MUTUAL) r^
•0 c q4.y� NATIONS BONDING COMPANY
,�'•. 2003 a :y•
1933 ;c
STATE OF IOWA • ••*..•.. • By 4910e1.7 7-7 4..._, 7
••• ••• r ••
President
COUNTY OF POLK ss.
On this 1st day of September,2004,before me appeared Larry Taylor,to me personally known,who being by me duly sworn did say that
he is President of MERCHANTS BONDING COMPANY(MUTUAL)and NATIONS BONDING COMPANY;and that the seals
affixed to the foregoing instrument are the corporate seals of the Companies;and that the said instrument was signed and sealed in nI
behalf of the Companies-by authority-of their respective Boards of Directors.
In Testimony Whereof,I have hereunto set my hand and affixed my Official Seal at the City of Des Moines,Iowa,the day and year first 1
above written.
CINDY SMYTHdii. _
. I Commission Number 173504
My Commission Expires
March 16,2006 Notary Public,Polk County,Iowa
STATE OF IOWA
COUNTY OF POLK ss.
I, William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and NATIONS BONDING COMPANY,do hereby certify
that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is
still in full force and effect and has not been amended or revoked.
In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this 28 day of February, 2006 ^-,•J
0 N .0••• ..: \.ui,.., A•
R y .. vPO 9•
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.�` 2003 'a� d' 1933 c• Secretary
•..se b d ;�0' �y•
NBC 0103 (9/04) ••• r `••
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IMPORTANT NOTICE
To obtain information or make a complaint: •
L You may contact your insurance agent at the telephone num berprovided 9 P by your insurance agent.
You may call Merchants Bonding Company's toll-free telephone number for information or to make a
complaint at:
1-800-678-8171
You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights
or complaints at:
1-800-252-3439
L You may write the Texas Department of Insurance at:
P. O. Box 149104
Austin, TX 78714-9104 •
.. FAX#(512)475-1771
•
PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning y our premium or about a claim .
you should contact the agent first. If the dispute is not resolved,you may contact the Texas Department of
Insurance.
ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a par
or condition of the attached document.
I"
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SUP 0032 TX (9/04)
CITY OF PEARLAND STANDARD FORM OF AGREEMENT
Section 00500
STANDARD FORM OF AGREEMENT
THIS AGREEMENT is dated as of the 27th day of_February in the year 2006_and is by
and between the City of Pearland, Texas (hereinafter called OWNER) and_Fencecrete America,
Ltd. (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR,in consideration of the mutual covenants hereinafter set forth,agree
as follows:
Article 1. WORK
ECONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The
Work is generally described as follows:
Barry Rose Road Fence
Broadway (FM 518) to Pearland Parkway
-M, City of Pearland, Texas
Bid No.: B2006-019
Article 2. ENGINEER
The Project has been designed by Kirst Kosmoski, Inc., who is hereinafter called ENGINEER and
who is to act as OWNER'S representative, assume all duties and responsibilities and have the
rights and authority assigned to the ENGINEER in the Contract Documents in connection with
completion of the Work accordance with the Contract Documents.
Article 3. CONTRACT TIME
3.1. The Work will be Substantially Completed within one hundred twenty (120)
L Calendar Days from the date when the Contract Time commences to run as provided in
Section 00700-General Conditions of Agreement,and completed and ready for Final
Payment in accordance with Section 00700-General Conditions of Agreement within
one hundred thirty-four(134) Calendar Days from the date when the Contract Time
commences to run. Contract Time will commence to run ten(10)days after the date of
the written Notice to Proceed if not otherwise agreed upon.
3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of
the essence for this Agreement and that OWNER will suffer financial loss if the Work
is not completed within the times specified above,plus any extensions thereof allowed
in accordance with Section 00700 - General Conditions of Agreement. They 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$500 Dollars for each day that expires after the
time specified for Substantial Completion until the Work is Substantially Complete.
Barry Rose 00500- 1 of 5
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CITY OF PEARLAND STANDARD.FORM OF AGREEMENT
After Substantial Completion if CONTRACTOR shall neglect, refuse, or fail to
complete the remaining Work within the Contract Time or any proper extension
thereof granted by OWNER, CONTRACTOR shall pay OWNER$500Dollars for
each day that expires after the time specified above for completion and readiness for
Final Payment.
Article 4. CONTRACT PRICE
OWNER shall pay CONTRACTOR for completion of the Work as shown on the completed
Section 00300-Bid Proposal,attached hereto and made a part hereof,in accordance with the
Contract Documents in current funds.
Article 5. PAYMENT PROCEDURES
CONTRACTOR shall submit Applications for Payment in accordance
5.1. Progress Payments: OWNER shall make Progress Payments on account of the
Contract Price on the basis of CONTRACTOR'S Applications for Payment as
recommended by ENGINEER, within 30 days following receipt of the Engineer's
Recommendation for Payment. All Progress Payments will be on the basis of the
progress of the Work measured by Section 01350 — Submittals, 1.03 "Schedule of
Values"(and in the case of Unit Price Work based on the number of units completed)
or,in the event there is no Schedule of Values,as provided in Section 00700—General
Conditions of Agreement,6.0"Measurement and Payment". Applications for Payment
must be in and approved by the ENGINEER by the tenth day of each month.
5.2.Final Payment:Upon final completion and acceptance of the Work in accordance
with Section 00700 - General Conditions of Agreement, OWNER shall pay the
remainder of the Contract Price as recommended by ENGINEER.
Article 6. OMITTED
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 itself with the nature and extent of the Contract
Documents, Work, Project 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 reports of explorations and tests of
subsurface conditions and drawings of physical conditions, and accepts the
determination set forth in such reports and drawings upon which CONTRACTOR is
entitled to rely.
Barry Rose 00500-2 of 5
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[11 CITY OF PEARLAIVD STANDARD FORM OF AGREEMENT
7.3.CONTRACTOR has obtained and carefully studied(or assumes responsibility for
obtaining and carefully studying) all known reports, studies and drawings 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 as
CONTRACTOR considers necessary for the performance or furnishing of the Work
at the Contract Price,within the Contract Time and in accordance with the other terms
and conditions of the Contract Documents, and no additional examinations,
investigation,explorations,tests,reports, 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
E 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 furnish the Work
at the Contract Price,within the Contract Time and in accordance with the other terms
and conditions of the Contract Documents.
correlated the result of all such observations,examinations,
CONTRACTOR has
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 that he has discovered in the Contract Documents and the written
resolution thereof by ENGINEER is acceptable to CONTRACTOR.
Article 8. CONTRACT DOCUMENTS
The Contract Documents,comprising the entire agreement between OWNER and CONTRACTOR
concerning the WORK include the following:
8.1. The Standard Form of Agreement.
8.2.Contractor's Bid Proposal,Addenda to Bid Proposal,and Instructions to Bidders.
8.3. Performance, Payment, Maintenance, and/or Surface Correction Bonds.
8.4. Certificates of Insurance.
8.5. General Conditions of Agreement including Attachments No. 1 and No. 2.
E
8.6. Special Conditions of Agreement.
8.7. Plans bearing the title Barry Rose Road Fence,Broadway(FM 518) to Pearland
Parkway.
Barry Rose 00500-3 of 5
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CITY OF PEARLAND STANDARD FORM OF AGREEMENT
8.8. Technical Specifications.
8.9. The following which maybe delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other
documents amending,modifying, or supplementing the Contract Documents
pursuant to General Conditions.
There are no Contract Documents other than those referenced 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 00700 - General
Conditions of Agreement will have the meanings indicated therein.
° 9.2. No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto 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
L
assignment will release or discharge the assignor from any duty or responsibility under
the Contract Documents.
9.3.OWNER and CONTRACTOR each binds itself,its partners,successors,assigns
and legal representatives to the other party hereto,its partners,successors,assigns and
legal representatives in respect of all covenants,agreements and obligations contained
in the Contract Documents.
Article 10. OTHER PROVISIONS
None.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this AGREEMENT in
triplicate. One counterpart each has been delivered to OWNER,CONTRACTOR,and ENGINEER.
All portions of the Contract Documents have been signed or identified by OWNER and
CONTRACTOR or by ENGINEER on their behalf.
This AGREEMENT will be effective on April 26 , 2006_, hereinafter called the
Effective Date of the Agreement.
CONTRACTOR G ��
OWNER City of Pearland, Texas ��C.E 4i9 LTA
BY4.2/
BY
City Manager kiPA 0601 �,�!/2 c'E.
Barry Rose 00500-4 of 5
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ri CITY OFPEARLAND STANDARD FORM OF AGREEMENT
[CORPORATE SEAL] [CORPORATE SEAL]
L
E .
Attest Attest
7 Addr for gi g notices: Address for giving notices:
7 . 3519 Liberty Drive NCO tP,9 77e4Prs/714./ PA •
Pearland,Texas 77588 riefri-/ '4,,1 i ✓,o -7$$• 7:6" 49
7 Telephone 281-652-1600 License No.
(If OWNER is a public body, attach
7 evidence of authority to sign and Tel No. (����'� ��11
�
resolution or other documents
authorizing execution of AGREEMENT.) Agent for service of process:
7
` tiff iruIIl,�
7
,,ARLA,vo,/
�•C3` ' A (If CONTRACTOR is a corporation, attach
7 i:a• �/' !1�. z co 5.
evidence of authority to sign.)
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'. s. ..oto w J 4ti
7 tit.
7 .
7
7
7
7
Barry Rose 00500-5 of 5
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CITY OF PEARLAND ONE-YEAR MAINTENANCE BOND
Section 00612
ONE-YEAR MAINTENANCE BOND
STATE OF TEXAS §
COUNTY OF BRAZORIA §
KNOW ALL MEN BY THESE PRESENTS: That of
the City of , County of , and State of Texas, as principal,
and authorized under the laws of the State of Texas
to act as surety on bonds for principals, are held and firmly bound unto City of Pearland(Owner),
in the penal sum of for
the payment whereof, the said Principal and Surety bind themselves, and their heirs,
[I" administrators, executors, successors, and assigns,jointly and severally,by these presents:
WHEREAS,the Principal has entered into a certain written contract with the Owner, dated the
day of , 200 , to commence and complete the construction of certain
improvements described as follows:
Barry Rose Road Fence
Broadway(FM 518)to Pearland Parkway
City of Pearland,Texas
Bid No.: B2006-019
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
'ra Principal shall faithfully correct all such Work not in accordance with the Contract Documents
discovered within the one-year period from the date of acceptance of Work as evidenced by the
Owner's Certificate of Acceptance of the Work,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."
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 and
Technical Specifications 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.
C Barry Rose 00612- 1 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
Principal: Surety:
By: By:
Title: Title:
Address: Address:
Telephone: Telephone:
Fax: Fax:
The name and address of the Resident Agent of Surety is:
1
�l
I
END OF SECTION g.
ti
Barry Rose 00612-2 of 2 '"1
CITY OF PEARLAND ONE-YEAR SURFACE CORRECTION BOND
Section 00613
ONE-YEAR SURFACE CORRECTION BOND
STATE OF TEXAS
COUNTY OF BRAZORIA §
KNOW ALL MEN BY THESE PRESENTS: That of
the City of , County of , and State of Texas, as principal,
and authorized under the laws of the State of Texas
to act as surety on bonds for principals, are held and firmly bound unto City of Pearland(Owner),
in the penal sum of , and
the total being equal to four percent(4%) of the total Contract Price, 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, dated the
day of , 200_, to commence and complete the construction of certain
rimprovements described as follows:
Barry Rose Road Fence
rD Broadway (FM 518)to Pearland Parkway
City of Pearland,Texas
Bid No.: B2006-019
which Contract is hereby referred to and made a part hereof as fully and to the same extent as if
copied at length herein.
r
NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said
Principal shall repair,replace,restore, and correct surface work associated with construction
'.' operations located within the City of Pearland rights-of-way determined not in accordance with
the Contract Documents or City of Pearland Standard requirements discovered within one year
from the date of acceptance of Work as evidenced by the Owner's Certificate of Acceptance of the
Work, then this obligation shall become null and void, and shall be of no further force and effect;
t otherwise,the same is to remain in full force and effect.
Notices required or permitted hereunder shall be in writing and shall be deemed delivered when
t actually received or, if earlier, on the third day following deposit in a United States Postal Service
post office or receptacle, with proper postage affixed(certified mail,return receipt requested),
addressed to the respective other party at the address prescribed in the Contract Documents, or at
such other address as the receiving party may hereafter prescribe by written notice to the sending
party.
L41
l
�+ Barry Rose 00613 - 1 of 2
CITY OF PEARLAND ONE-YEAR SU
RFACE CORRECTION BOND
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument
this day of r
Principal: Surety:
By: By:
Title: Title:
Address: Address: i
14-1
Telephone: Telephone:
-J Fax: Fax:
The name and address of the Resident Agent of Surety is:
fl
4
C`-
fl
END OF SECTION
n
9 n
Barry Rose 00613-2 of 2
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
r ._.,
- - )
7 Section 00700
GENERAL CONDITIONS.OF AGREEMENT
7 TABLE OF CONTENTS
Page
r DESCRIPTION . No.
L
1.0 DEFINITIONS AND INTERPRETATIONS 1
cli''' 1.01 Owner, Contractor and Engineer 1
1.02 Contract Documents 1
7 1.03 Subcontractor 1
1.04 Written Notice 2
1.05 Work 2
i''' 1.06 Extra Work 2
L' 1.07 Working Day 2
1.08 Calendar Day 2
r' 1.09 Substantially Completed 2
1.10 Interpretation of Words and Phrases 2
1.11 Referenced Standards 3
r 9 1.12 Special Conditions of Agreement 3
2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER 3
7 2.01 Adequacy of Design 3
2.02 Right of Entry 3
2.03 Ownership of Drawings 3
2.04 Changes and Alterations 3
2.05 Damages 4
7
3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 4
r3.01 Owner-Engineer Relationship 4
3.02 Keeping of Plans and Specifications Accessible 4
3.03 Preliminary Approval 4
r3.04 Inspection by Engineer 5
3.05 Determination of Questions and Disputes 5
3.06 Objections 6
ri 3.07 Recommendation for Payment 6
4.0 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 6
7
4.01 Independent Contractor 6
' Barry Rose 00700-i of iii
7
I
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
4.02 Contractor's Understanding 7
4.03 Laws and Ordinances 7
4.04 Assignment and Subletting 7
4.05 Performance and Payment Bonds 7 3
4.06 Insurance 8
4.07 Certificate of Insurance 9
4.08 Permits and Fees 10
4.09 Texas State Sales Tax 10 -_
4.10 Contractor's Duty and Superintendence 10
4.11 Character of Workers 10 `..")
4.12 Labor, Equipment,Materials, Construction Plant, and Buildings 10 -'
4.13 Sanitation 11
4.14 Cleaning and Maintenance 11
4.15 Performance of Work 11 '
4.16 Right of Owner to Modify Methods and Equipment 11
4.17 Layout of Work 11
4.18 Shop Drawings and Schedules 11
4.19 Engineer-Contractor Relationship; Observations 12
4.20 Observation and Testing 12
4.21 Defects and Their Remedies 13
4.22 Liability for Proper Performance 13
4.23 Protection against Accident to Employees and the Public 14
4.24 Protection of Adjoining Property 14
4.25 Protection against Claims of Subcontractors, Laborers,Materialmen,
and Furnishers of Machinery, Equipment, and Supplies 15
4.26 Protection against Royalties or Patented Invention 15
4.27 Indemnification 15
4.28 Losses from Natural Causes 16
4.29 Guarantee 16
5.0 PROSECUTION AND PROGRESS 17 _
5.01 Time and Order of Completion 17
5.02 Extension of Time 17 _
5.03 Hindrances and Delays 17
5.04 Liquidated Damages for Delay 18
6.0 MEASUREMENT AND PAYMENT 18
6.01 Discrepancies and Omissions 18
6.02 Quantities and Measurements 18
6.03 Estimated Quantities 18
6.04 Contract Price 19
6.05 Payments 19
Barry Rose 00700-ii of iii i
rCITY OF PEARLAND GENERAL CONDITIONS,OF AGREEMENT
7.,_,,- )
7 6.06 Progress Payments 19
6.07 Retainage 20
6.08 Use of Completed Portions 20
7 6.09 Final Completion and Acceptance 21
6.10 Final Payment 21
6.11 Correction of Work before Final Payment 21
7 6.12 ' Correction of Work after Final Payment 21
6.13 Payments Withheld 22
6.14 Delayed Payments 22
'' 7.0 EXTRA WORK AND CLAIMS 22
7 7.01 Change Orders 22
7.02 Minor Changes 23
7.03 Extra Work 23
7 7.04 Time of Filing Claims 24
8.0 ABANDONMENT OF CONTRACT 25
r8.01 Abandonment by Contractor 25
8.02 Abandonment by Owner. 26
ElI)
9.0 ARBITRATION 27
r 9.01 Arbitration 27
L
7 ATTACHMENT NO. 1 —WORKER'S COMPENSATION INSURANCE COVERAGE Al
ATTACHMENT NO. 2 -AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S
SWORN RELEASE B1
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7
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Barry Rose 00700-iii of iii
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CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
Section 00700
GENERAL CONDITIONS OF AGREEMENT
l �
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 Standard Form of
Agreement. The term ENGINEER means a person authorized to act as a representative of the entity
designated by the OWNER to provide engineering services required in connection with the preparation .�
and performance of this Contract.
1.02 CONTRACT DOCUMENTS. The Contract Documents shall consist of all of the
documents contained, assembled and bound with these General Conditions of Agreement,including,
whether or not labeled as such, Invitation to Bid, Instructions to Bidders, Bid Proposal, Addenda,
Notice of Award,signed Standard Form of Agreement,Performance and Payment Bonds(if required), r`1
Special Bonds (when required), Special Conditions of Agreement (if any), Certificates of Insurance,
Plans(design drawings bearing the seal and signature of the ENGINEER and the title of the Project),
Technical Specifications,and all modifications thereof incorporated in any of the documents before the
execution of the Standard Form of the Agreement, and any other document, whether or not labeled,
which shall become a part of the set of documents bound together with these General Conditions of
Agreement. '"1
The Contract Documents are complementary,and what is called for by any one shall be as binding as if
called for by all. Conflicts between Contract Documents shall be resolved by considering the
documents in the following order of precedence:
Standard Form of Agreement(along with Certificate of Insurance)
Performance and Payment Bonds
Addenda
Special Conditions of Agreement
General Conditions of Agreement
Bid Proposal
Special Technical Specifications
Special Provisions to Technical Specifications
Technical Specifications
Plans
_.l
In the event such conflicts remain, then the designated ENGINEER shall resolve any conflict by a
written interpretation,copies of which shall be forwarded to all parties to the Contract,and the original
shall be attached to and shall become a part of these General Conditions of Agreement and thus a part
of the Contract Documents. f,
1.03 SUBCONTRACTOR. The term"subcontractor", as employed herein, includes only
those having a direct contract with the CONTRACTOR for performance of Work on the Project fl
contemplated by these Contract Documents. OWNER shall have no responsibility to any subcontractor
employed by CONTRACTOR for performance of Work on the Project contemplated by these Contract
Documents, and any such subcontractor shall look exclusively to CONTRACTOR for any payments fl
due subcontractor.
Barry Rose 00700- 1 of 27 rn
CITY OF PEARLAND GENERAL CONDITION
S OF AGREEMENT
1.04 WRITTEN NOTICE. Written Notice shall be deemed to have been duly served if
delivered in person to the individual or to a member of the firm or to an officer of the corporation for
whom it is intended,or if delivered at or sent by Certified Mail,Return Receipt Requested,to the last
known business addressor registered office of such individual, firm or corporation.
1.05 WORK. Unless otherwise stipulated,the CONTRACTOR shall provide and pay for all
materials, supplies,machinery, equipment,tools, superintendence, labor, services,insurance, and all
water, light, power,,fuel, transportation and all other facilities or services of any nature whatsoever
necessary for the execution and completion of the Work covered by the Contract Documents. Unless
otherwise specified, all materials shall be new, and both workmanship and materials shall be of good
quality. The CONTRACTOR shall,if required by the ENGINEER as representative of the OWNER,
furnish satisfactory evidence as to the kind and quality of materials. Materials or Work described in
words, which so applied have well known, technical or trade meaning shall be held to refer to such
recognized standards. All work shall be done and all materials shall be furnished in strict conformity
with the Contract Documents.
1.06 EXTRA WORK. The term"Extra Work",as used in this Contract,shall be understood
to mean and include all Work that may be required by the ENGINEER as representative of the
OWNER, to be done by the CONTRACTOR to accomplish any change, alteration or addition to the
Work shown upon the Plans or reasonably implied by the Technical Specifications, and which shall,
prior to the commencement of such Work,be authorized in writing by the ENGINEER.
1.07 WORKING DAY. A"Working Day"is defined as any day not including-Saturdays,
Sundays or any legal holidays, in which weather or other conditions not under the control of the
CONTRACTOR, will permit construction of the principal units of the Work for a period of not less
than seven(7)hours between 7:00 a.m. and 6:00 p.m.
1.08 CALENDAR DAY. A"Calendar Day"is any day of the week or month,no days being
excepted.
1.09 SUBSTANTIALLY COMPLETED. The term"Substantially Completed",as used in
this Contract, means that the structure or project contemplated by the Contract Documents has been
made suitable for use or occupancy or the facility is in a condition to serve its intended purpose,but
shall require minor miscellaneous Work and adjustment.
1.10 INTERPRETATION OF WORDS AND PHRASES. Whenever the words"directed",
"permitted","designated","required","considered necessary","prescribed"or words of like import are
used, it shall be understood that the direction, requirement, permission, order, designation, or
prescription of the ENGINEER as the OWNER'S representative is intended. Similarly, the words
"approved","acceptable","satisfactory"or words of like import shall mean that no exception is taken,
but does not relieve CONTRACTOR of responsibility for performance of Project requirements.
Whenever,in the Contract Documents,the terms of description of various qualities relative to finish,
1.4
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
Contract Documents shall be decided by the ENGINEER as the OWNER'S representative, and said
r Barry Rose 00700-2 of 27
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT -
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, sl
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 r^,
Contract Documents,nor shall it be effective to assign to the ENGINEER or its consultants,employees,
or representatives any duty or authority to supervise or direct the furnishing or performance of the
Work or any duty or authority to undertake responsibilities contrary to provisions of the Contract
Documents.
1.12 SPECIAL CONDITIONS OF AGREEMENT. The Special Conditions of Agreement
modify these General Conditions of Agreement. In the event Special Conditions of Agreement are
contained herein as part of the Contract Documents and,said Special Conditions of Agreement conflict
with any of these General Conditions of Agreement, then in such event the Special Conditions of
Agreement shall control.
2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER
2.01 ADEQUACY OF DESIGN. It is understood that the OWNER believes it has
employed competent engineers and/or designers. It is, therefore, agreed that the OWNER shall be 'Th
responsible for the adequacy of the design, sufficiency of the Contract Documents, the safety of the
structure and the practicability of the operations of the completed Project, provided that the
CONTRACTOR has complied with the requirements of the said Contract Documents, all approved `
modifications thereof and additions and alterations thereto approved in writing by the OWNER. The
burden of proof of such compliance shall be upon the CONTRACTOR to show that he has complied
with the requirements of the Contract Documents, any approved modifications thereof, and all
approved additions and alterations thereto,as the same shall have been interpreted by the ENGINEER.
2.02 RIGHT OF ENTRY. The OWNER reserves the right to enter the property or location
on which the Work herein contracted for is to be constructed or installed, for itself or such agent or
agents as it may select, for the purpose of inspecting the Work or for the purpose of constructing or
installing such collateral work,as the OWNER may desire. The OWNER shall have the right to make
inspections at all reasonable times, and the CONTRACTOR shall have no cause to complain if his
Work shall be delayed by reason of such inspection, construction, or installation of collateral work.
2.03 OWNERSHIP OF PLANS AND TECHNICAL SPECIFICATIONS. All Plans,
Technical Specifications, and copies thereof furnished by the OWNER shall not be reused on other
Work and,with the exception of the sets forming the part of the signed Contract Documents,are to be
returned to the OWNER on request at the completion of the Work. All drawings and models are the
property of the OWNER.
2.04 CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that the
OWNER may make such changes and alterations as the OWNER may see fit,in the line,grade,form,
dimensions,plans or materials for the Work herein contemplated,or any part thereof, either before or
_\ after the beginning of construction, without affecting the validity of this Contract and the
accompanying Performance and Payment Bonds.
Barry Rose 00700-3 of 27
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMEN
T
If such changes or alterations diminish the quantity of the Work to be done,they shall not constitute the
basis for a claim for damages or anticipated profits on the Work that may be dispensed with. If the
amount of Work is increased and the Work can fairly be classified under the Contract Documents, such
increase shall be paid for according to the quantity actually done and at the Unit Price, if any,
established for such Work under this Contract, except as hereinafter provided for Unit Price items in
Paragraph 6.0, "Measurement and Payment"; otherwise, such additional work shall be paid for as
provided herein, Paragraph 7.03, "Extra Work". In case the OWNER shall make such changes or
alterations as shall make useless any work already done or material already furnished or used in said
work,then the OWNER shall compensate the CONTRACTOR for any material or labor so used and
for any actual loss occasioned by such change due to actual expenses incurred in preparation for the
Work as originally planned.
2.05 DAMAGES. In the event the CONTRACTOR is damaged in the course of the
completion of the Work by the act,negligence, omission,mistake or default of the OWNER,thereby
causing loss to the CONTRACTOR,the OWNER agrees that he will reimburse the CONTRACTOR
for such loss. In the event the OWNER is damaged in the course of the Work by the act,negligence,
omission, mistake or default of the CONTRACTOR, or should the CONTRACTOR unreasonably
delay the progress of the Work being done by others on the job so as to cause loss for which the
OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss.
3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER
3.01 OWNER-ENGINEER RELATIONSHIP. The ENGINEER shall serve as the
ri)
OWNER'S representative during construction. The duties, responsibilities and limitations on the
authority of the ENGINEER as the OWNER'S,representative during construction are set forth in the
Contract Documents;and the ENGINEER shall not have authority to extend the OWNER'S liability or
to bind the OWNER for any additional liability of any nature whatsoever without the written consent of
the OWNER. The ENGINEER shall advise the OWNER as to the progress of the Work, and any
instructions by the OWNER to the CONTRACTOR shall be issued through,the ENGINEER.
It is the intent of this Agreement that there shall be no delay in the execution of the Work; therefore,
written decisions or directions rendered by the ENGINEER as the OWNER'S representative shall be
promptly carried out,and any claim arising therefrom shall be adjusted as hereinafter provided. Unless
otherwise specified, it is mutually agreed between the parties to this Agreement that the ENGINEER
shall review all Work included herein and shall have the authority to issue written stop work orders
whenever such stoppage maybe necessary to insure the proper execution of this Contract.
3.02 KEEPING PLANS AND TECHNICAL SPECIFICATIONS ACCESSIBLE. The
ENGINEER shall furnish the CONTRACTOR with an adequate and reasonable number of copies of all
Plans and Technical Specifications without expense to the CONTRACTOR,and the CONTRACTOR
shall keep one copy of the same constantly accessible on the job site,with the latest revisions noted
thereon. The CONTRACTOR shall be responsible for preserving the Plans and Technical
Specifications for reference and review by the OWNER or the ENGINEER.
3.03 PRELIMINARY APPROVAL. The ENGINEER shall not have the power to waive the
obligations imposed under this Contract for the furnishing by the CONTRACTOR of good material,
and for performing good work as herein described, and in full accordance with the Contract
Documents, without alteration, deletion, or change. No failure or omission of the ENGINEER to
4"" Barry Rose 00700-4 of 27
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
discover,object to or condemn any defective work or material shall release the CONTRACTOR from fl
the obligation to fully and properly perform the Contract,including without limitation,the obligation to
at once tear out,remove and properly replace any defective work or material at any time prior to final r;
acceptance, upon discovery of such defective work or material; provided, however, that the
ENGINEER shall, upon request of the CONTRACTOR, inspect and accept or reject any material
furnished, and in the event the material has been once accepted by the ENGINEER, such acceptance fl
shall be binding on the OWNER,unless it can be clearly shown that such material furnished is not in
accordance with the Contract Documents.
Any questioned Work maybe ordered taken up or removed for re-examination by the ENGINEER prior
to final acceptance, and if found not to be in accordance with the Contract Documents for said Work,
all expense of removing, re-examination and replacement shall be borne by the CONTRACTOR;
otherwise the expense thus incurred shall be allowed as Extra Work and shall be paid for by the
OWNER, provided that where inspection or approval is specifically required by the Contract
Documents prior to furnishing of certain Work, should the CONTRACTOR proceed with such Work fl
without requesting prior inspection or approval,he shall bear all expense of taking up,removing and
replacing this Work if so directed by the ENGINEER.
3.04 INSPECTION BY ENGINEER. The ENGINEER shall make periodic visits to the site
to observe the progress and quality of the executed Work and to determine if such Work generally r-
meets the essential performance and design features and the technical, functional, and/or engineering
requirements of the Contract Documents, and is in all other respects being performed in compliance
with the Contract Documents. However, the ENGINEER shall not be responsible for making any
detailed, exhaustive, comprehensive or continuous on-site inspections to check the quality and/or
quantity of the Work,nor shall the ENGINEER be in any way responsible,directly or indirectly,for the
construction means,methods,techniques,sequences,quality,procedures,programs,safetyprecautions R-}
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 fl
any way responsible or liable for any acts,errors,omissions or negligence of the CONTRACTOR,any
subcontractor's agents, servants or emploYees or any other person, firm or corporation performing or
attempting to perform any of the Work.
3.05 DETERMINATION OF QUESTIONS AND DISPUTES. In order to prevent delays
and disputes and to discourage litigation,it is agreed that the ENGINEER shall,in all cases,determine
the amounts and quantities of the several kinds of Work which are to be paid for under this Contract.
The ENGINEER shall determine all questions in relation to said Work and the construction thereof,as
well as all claims, disputes and other matters in question between the CONTRACTOR and the
OWNER relating to the execution or progress of the Work or the interpretation of the Contract
Documents. In the event the ENGINEER shall become aware of or shall receive information that there
is a dispute or a possible dispute as to the reasonable interpretation of the terms and conditions of the
Contract Documents,or any other dispute,claim or question,the ENGINEER shall,within a reasonable
time,provide a written interpretation of the Contract Documents or a written decision on all claims of
the parties hereto and on all questions arising relative to the execution of the Work, copies of which
Barry Rose 00700-5 of 27 -i
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CITY OF PEARLAND GENERAL CONDITIONS OF AGREEM
ENT
ETh shall be delivered to all parties to the Agreement, and the original thereof shall become a part of the
Contract Documents and shall be binding and final as to all parties to.the Agreement.
3.06 OBJECTIONS. In the event the ENGINEER renders any decision which, in the
opinion of either the OWNER or the CONTRACTOR,is not in accordance with the meaning and intent
of the Agreement, either party may,within thirty(30) days of receipt of such decision, file its written
objection to the decision with the ENGINEER;and the ENGINEER shall,upon receipt of such written
objection and within twenty(20)days thereafter, review the same and render a written affirmation or
modification of the original interpretation, which shall become a part of the Contract Documents.
Either party who shall remain aggrieved after the ENGINEER has rendered his affirmation or
modification of his previous decision,shall have the right,within a period not to exceed sixty(60)days
after the ENGINEER has filed his affirmation or modification of the decision with the District
Secretary,to file suit in the District Court,seeking a declaratory judgment or other relief to determine
the intent of the Contract Documents. If any aggrieved party shall fail to file such a petition with the
District Court within the time specified,the decision of the ENGINEER shall become final and binding
L and non-appealable.
3.07 RECOMMENDATION FOR 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 for 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
EDrecommendation of an Application for Payment to CONTRACTOR shall not be deemed to be a
representation by the ENGINEER that any examination has been made to determine how or for what
purpose CONTRACTOR has used the monies paid on account of the Contract Price. As a condition of
Final Payment,the CONTRACTOR shall execute an Agreement for Final Payment and Contractor's
Sworn Release, in a form as included herein and made a part of these Contract Documents,being its
agreement to accept the amount recommended by the ENGINEER as full payment for the Work that
has been completed as set out in the CONTRACTOR'S Application for Payment and supporting data.
4.0 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR
4.01 INDEPENDENT CONTRACTOR. CONTRACTOR is, and shall remain, an
Independent Contractor,solely responsible for the manner and method of completing the Work under
this Contract, with full and exclusive power and authority to direct, supervise and control his own
employees and to determine the means,method and manner of performing such Work,so long as such
methods do not adversely affect the completed improvements or any other property abutting or
adjoining the work area,the OWNER and ENGINEER being interested only in the result obtained and
conformity of such completed improvements to the Contract Documents. The fact that the OWNER or
-r" 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
[6change 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. -
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CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
4.02 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the
CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the
Work, the conformation of the ground, the character, quality and quantity of the materials to be
encountered,the character of equipment and facilities needed preliminary to and during the prosecution
of the Work,the general and local conditions, and all other matters which in any way affect the Work
under this Contract. It is further understood that the CONTRACTOR has satisfied himself as to the fl
terms,meaning and intent of all of the Contract Documents and understands the meanings of all parts
of such documents or other factors affecting the Work, which were not previously understood. No
verbal agreement or conversation with any officer, agent, or employee of the OWNER or the r1
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
complywith all federal,state or local laws,ordinances and regulations,regardless of whether the same
are adopted before or after the execution of this Contract,which in any manner affect the Contract or
the Work, and shall indemnify, save and hold harmless the OWNER and the ENGINEER against any
claim arising out of the violation of any such laws, ordinances and regulations, whether by the
CONTRACTOR or his employees. If the CONTRACTOR observes that the Plans and Technical
Specifications are at variance with federal or state laws or the ordinances or regulations of the City,he
shall promptly notify the ENGINEER in writing,and any necessary changes shall be made as provided
in the Contract for changes in the Work. If the CONTRACTOR performs any Work knowing it to be
contrary to such laws,ordinances,rules and regulations,and without such notice to the ENGINEER,he
shall bear all costs arising 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. The Code of Ordinances, City of
Pearland,Texas, and other applicable regulations of the OWNER shall be deemed to be embodied in
this Contract.
4.04 ASSIGNMENT AND SUBLETTING. The CONTRACTOR further agrees that he will
retain personal control and will give his personal attention to the fulfillment of this Contract and that he
will not assign,by power of attorney or otherwise, or sublet said Contract without the written consent
of the ENGINEER,and that no part or feature of the Work will be sublet to anyone objectionable to the r°1
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 by the Contract '?
Documents shall not relieve the CONTRACTOR from his obligations to the OWNER,as provided for
by this Contract.
fl
4.05 PERFORMANCE AND PAYMENT BONDS. In the event the Contract Price shall be
in excess of$25,000.00,the CONTRACTOR shall execute separate Performance and Payment Bonds,
each in the sum of one hundred percent(100%)of the total Contract Price,which shall be increased at
any time to cover any Change Orders, additives or add-ons, in accordance with the provisions of
Chapter 2253 of the Texas Government Code. If the Contract Price does not exceed$25,000.00,the
statutory bonds will not be required. All required bonds shall be submitted on forms approved by the fl
OWNER for this purpose, guaranteeing the faithful performance of the Work and fulfillment of any
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CITY OF PEARLAND GENERAL CONDITIONS
I NS OF AGREEMENT
l-• guarantees required,and further guaranteeing payment to all persons supplying labor and materials or
s` furnishing him any equipment in the execution of the Contract. It is agreed that the Contract shall not
be in effect until such Performance and Payment Bonds are furnished and approved by the OWNER.
Each such bond shall be executed by a corporate surety or corporate sureties duly authorized to do
business in the State of Texas. The cost of the premium for the Performance and Payment Bonds shall
be included in the CONTRACTOR'S Bid Proposal.
4.06 INSURANCE. The CONTRACTOR,at his own expense,shall procure,maintain,and
keep in force throughout the life of this Contract,and for one additional year,insurance as hereinafter
specified. Such insurance shall be carried with an insurance company licensed to transact business in
the State of Texas and shall cover all operations in connection with this Contract,whether performed
by the CONTRACTOR or a subcontractor,or separate policies shall be provided covering the operation
of each subcontractor.
No policy shall be written on a"claims made"form. The OWNER,the ENGINEER,their agents and
employees shall be named as additional insureds on CONTRACTOR'S Commercial General Liability,
Automobile Liability, and excess or Umbrella Liability policies. OWNER may waive the additional
insured requirement under the Commercial General Liability policy if an owner's and contractor's
Protective Liability policy with general aggregate limits of$2,000,000.00, with $1,000,000.00 per
occurrence limit,is provided. The contractual liability coverage in the Commercial General Liability
policy shall not be excluded.
EDThe following insurance coverages will be carried and certified.
(1) Worker's Compensation Insurance and Employer's Liability Insurance.
Attachment No. 1 to these General Conditions contains statutory requirements for
Worker's Compensation Insurance. The Employer's Liability Insurance shall have
limits as follows:
Bodily injury by accident: $500,000 each accident
Bodily injury by disease: $500,000 policy limit
Bodily injury by disease: $500,000 each employee
(2) Commercial General Liability Insurance:
Including CONTRACTOR'S Protective Liability,Broad
Form Property Damage, Contractual Liability,
Bodily Injury,Personal Injury, and Products and
Completed Operations (for a period of one year following completion of the Work
under this Agreement)
Combined single limit of$1,000,000 each occurrence,
Subject to general aggregate $2,000,000; Products and
Completed Operations, $1,000,000 aggregate
(3) Automobile Liability Insurance:
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CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
Bodily injury per person: $250,000 1
Bodily injury per accident: $500,000
Property damage $250,000 rl
Or, a policy providing combined single limits of$750,000.
n
(4) OWNER, at its own discretion, may require an umbrella or excess limits liability
policy.
(5) All coverages shall be endorsed to waive the carrier's right of subrogation against the
OWNER.
In the event the CONTRACTOR shall fail to provide insurance as herein required, or be subject to
claim,demand or litigation growing out of or arising from a claim not contemplated herein,such failure
on the part of the CONTRACTOR shall not serve to release or in any way discharge or shift the
liability of the CONTRACTOR to the ENGINEER or OWNER; BUT THE CONTRACTOR DOES
HEREIN AGREE TO INDEMNIFY AND HOLD THE ENGINEER AND OWNER HARMLESS
FROM ANY AND ALL CLAIMS GROWING OUT OF OR ARISING BY REASON OF ANY OF
THE CIRCUMSTANCES HEREIN ENUMERATED,OR ANY OTHER CLAIMS OR DEMANDS
MADE BY ANY PERSON, GROWING OUT OF OR ARISING BY REASON OF THE WORK
PERFORMED BY THE CONTRACTOR. '^
4.07 CERTIFICATE OF INSURANCE. Within ten (10) days after Notice of Award of
Contract, the CONTRACTOR and each subcontractor shall submit to the OWNER for approval, I
Certificates of Insurance covering each insurance policy carried and offered as evidence of compliance
with the above insurance requirements, signed by an authorized representative of the insurance
company, setting forth:
(1) The name and address of the insured;
n
(2) The location of the operations to which the insurance applies;
(3) The name of the policy and type or types of insurance in force there under on the date
borne by such certificate.
(4) The expiration date of the policy and the limit or limits of liability there under on the
date borne by such certificates.
(5) A statement that the insurance of the type afforded by the policy applies to all of the
operations of whatever character, which are undertaken by the insured during the
performance of this Contract,provided such operations are required in the performance
of the Contract;
(6) A provision that the policy may be canceled or materially changed only by mailing
written notice to the named insured at the address shown in the policy, stating when,
not less than thirty(30) days thereafter, cancellation or change of such policy shall be
effective, with a copy of such letter of intent to the OWNER.
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CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
4.08 PERMITS AND FEES. Unless otherwise provided in the Contract Documents, the
CONTRACTOR shall secure and pay for all construction permits,licenses,and inspections necessary
for proper execution and completion of the Work and which are legally required at the time Bids are
received.
4.09 TEXAS STATE SALES TAX. Materials incorporated into this project are exempt
from State Sales Tax according to provisions of the Texas Tax Code, Chapter 151, Subsection H.
The CONTRACTOR must obtain a limited sales,excise, and use tax permit or exemption certificate,
which shall enable him to buy the materials to be incorporated into the Work without paying tax at the
time of purchase.
4.10 CONTRACTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall
give adequate attention to the faithful prosecution and completion of this Contract and shall keep on the
r•., Work,during its progress,a competent superintendent,and any necessary assistants,all satisfactory to
L' the ENGINEER as the OWNER'S representative. The superintendent shall represent the
CONTRACTOR in his absence and shall act as the employee or agent of the CONTRACTOR and all
directions given to him shall be binding as if given to the CONTRACTOR. Adequate supervision by
competent and reasonable representatives of the CONTRACTOR is essential to the proper performance
of the Work, and lack of such supervision shall be grounds for suspending operations of the
CONTRACTOR.
The Work, from its commencement to completion,shall be under the exclusive charge and control of
the CONTRACTOR, and all risk in connection therewith shall be borne by the CONTRACTOR.
Neither the OWNER nor the ENGINEER as the OWNER'S representative will be responsible for the
acts or omissions of the CONTRACTOR,its subcontractors or any of its agents or employees,or any
other persons performing any of the Work.
4.11 CHARACTER OF WORKERS. The CONTRACTOR agrees to employ only orderly
and competent workers,skillful in the performance of the type of work required under this Contract,to
do the work, and agrees that whenever the ENGINEER shall inform him in writing that any 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.
C 4.12 LABOR, EQUIPMENT, MATERIALS, CONSTRUCTION PLANT, AND
7 BUILDINGS. The CONTRACTOR shall provide all labor,tools,equipment,machinery and materials
necessary in the prosecution and completion of this Contract where it is not otherwise specifically
provided that the OWNER shall furnish same;and further,the CONTRACTOR shall be responsible for
the care,preservation, conservation and protection of all materials, supplies, machinery, equipment,
tools, apparatus, accessories, facilities, all means of construction and any and all parts of the Work,
whether the CONTRACTOR has,been paid,partially paid or not paid for such Work, until the entire
Work is completed and accepted.
The building of structures for housing workers,or the erection of tents or other forms of protection,will
rw--)
be permitted only.at such places as the ENGINEER shall direct, and the sanitary conditions of the
grounds in or about such structures shall at all times be maintained in a manner satisfactory to the
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CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
ENGINEER. Any structures of any nature constructed or erected by the CONTRACTOR for the fl
= purposes herein set out,shall be the sole responsibility of the CONTRACTOR as to the proper erection
or construction thereof; and the CONTRACTOR agrees to indemnify and hold the ENGINEER or
OWNER harmless from any claims of any nature whatsoever brought against either of them for
damages allegedly sustained by anyone by reason of the erection, construction or maintenance of
CONTRACTOR'S buildings.
4.13 SANITATION. Necessary sanitary conveniences for the use of laborers on the Work
site, properly secluded from public observation, shall be constructed and maintained by the
CONTRACTOR in such manner and at such points as shall be approved by the ENGINEER,and their
use shall be strictly enforced. Any structures of any nature constructed or erected by the
CONTRACTOR for the purposes herein set out,shall be the sole responsibility of the CONTRACTOR
as to the proper erection or construction thereof,and the CONTRACTOR agrees to indemnify and hold
the ENGINEER or OWNER harmless from any claims of any nature whatsoever brought against either
of them for damages allegedly sustained by anyone by reason of the erection, construction or
maintenance of CONTRACTOR'S buildings.
4.14 CLEANING AND MAINTENANCE. The CONTRACTOR shall at all times keep and
maintain the premises free from accumulation of debris caused by the Work, and at the completion of
the Work,he shall remove all such debris and also his tools,scaffolding and surplus materials and shall
leave the Work broom-clean or its equivalent. The Work shall be left in good order and condition. In `l
case of dispute, the OWNER may remove the debris and charge the cost to the CONTRACTOR.
4.15 PERFORMANCE OF WORK. It is the intent of this Agreement that all work must be 'l
done and all material must be furnished in accordance with the generally accepted practice for such
materials furnished or work completed.
4.16 RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT. If at any time
the methods or equipment used by the CONTRACTOR are found to be inadequate to secure rate of _
progress required under this Contract,the OWNER or the ENGINEER as the OWNER'S representative
may order the CONTRACTOR in writing to improve their efficiency, and the CONTRACTOR shall
comply with such order.
If at any time the working force of the CONTRACTOR is inadequate for securing the progress herein
specified,the CONTRACTOR shall,if so ordered in writing,increase his force or equipment,or both,
to such an extent as to give reasonable assurance of compliance with the schedule of progress.
4.17 LAYOUT OF WORK. Except as specifically provided herein, the CONTRACTOR
shall be responsible for laying out Work and shall accomplish this Work in a manner acceptable to the
ENGINEER.
4.18 SHOP DRAWINGS AND SCHEDULES. The CONTRACTOR shall submit to the
ENGINEER, with such promptness as to cause no delay in his own work or in that of any other
contractor,six(6)checked copies,unless otherwise specified,of all Shop and/or Setting Drawings and
Schedules required for the work of the various trades. CONTRACTOR will check and approve Shop
ll Drawings for compliance with requirements of Contract and will so certify by stamp on each Shop
Drawing prior to submittal to ENGINEER. ANY SHOP DRAWINGS SUBMITTED WITHOUT ft
CONTRACTOR'S STAMP OF APPROVAL WILL NOT BE CONSIDERED AND WILL BE
Barry Rose 00700- 11 of 27 fl
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CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
Em RETURNED TO HIM FOR PROPER SUBMISSION. The ENGINEER shall pass upon them with
reasonable promptness, indicating desired corrections if needed.
The CONTRACTOR shall make any corrections,required by the ENGINEER, file with him two (2)
corrected copies,and furnish such othermaybe copies as be needed. The ENGINEER'S approval of such
p Y Pp
Shop Drawings or Schedules shall not relieve the CONTRACTOR from responsibility for deviations
from Plans or Technical Specifications,unless he has,in writing,called the ENGINEER'S attention to
such deviations at the time of the submission,and the ENGINEER has acknowledged such deviations
in writing, nor shall it relieve him from responsibility for errors of any sort in Shop Drawings or
Schedules. It shall be the CONTRACTOR'S responsibility to fully and completely review all Shop
Drawings to ascertain their effect on his ability to perform the required Contract work in accordance
with the Contract Documents and within the Contract Time.
Such review by the ENGINEER shall be for the sole purpose of determining the sufficiency of said
Shop Drawings or Schedules to result in finished improvements in conformity with the Plans and
Technical Specifications, and shall not relieve the CONTRACTOR of his duty as an Independent
Contractor as previously set forth,it being expressly understood and agreed that the ENGINEER does
not assume any duty to pass upon the propriety or adequacy of such Shop Drawings or Schedules, or
any means or methods reflected thereby, in relation to the safety of either person or property during
CONTRACTOR'S performance hereunder,and any action taken by the ENGINEER shall not relieve
the CONTRACTOR of his responsibility and liability, as set out in the Contract Documents.
L 4.19 ENGINEER-CONTRACTOR RELATIONSHIP;OBSERVATIONS. It is agreed by
the CONTRACTOR that the ENGINEER; as the OWNER'S representative, shall be and is hereby
authorized to appoint such subordinate engineers,supervisors or observers as the said ENGINEER may
from time to time deem proper to observe the materials furnished and the work done under this
E Contract, and to see that said material is furnished and said work is done in accordance with the Plans
and Technical Specifications therefore. The CONTRACTOR shall furnish all reasonable aid and
assistance required by the subordinate engineers, supervisors,or observers for the proper observation
and examination of the Work. The CONTRACTOR shall regard and obey the directions and
instructions of any subordinate engineers,supervisors or observers so appointed,when such directions
and instructions are consistent with the obligations of this Agreement and accompanying Contract
Documents, including Plans and Technical Specifications, provided, however, should the
CONTRACTOR object to any orders by any subordinate engineer, supervisor or observer, the
CONTRACTOR may,within six (6) days,make written appeal to the ENGINEER for his decision.
4.20 OBSERVATION AND TESTING. The OWNER or the ENGINEER as the
OWNER'S representative shall have the right at all reasonable times to observe and test the Work The
CONTRACTOR shall make all necessary arrangements and provide proper facilities and access for
such observation and testing at any location wherever Work is in preparation or progress. The
CONTRACTOR shall ascertain the scope of any observation that maybe contemplated by the OWNER
or the ENGINEER and shall give ample notice as to the time each part of the Work will be ready for
such observation. The OWNER or the ENGINEER may reject any Work found to be defective or not
in accordance with the Contract Documents, regardless of the stage of its completion or the time or
place of discovery of such errors, and regardless of whether the ENGINEER has previously accepted
the Work through oversight or otherwise. If any Work is covered without approval or consent of the
E 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
Barry Rose 00700- 12 of 27
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CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
manufactured at a location where it is not convenient for the OWNER or the ENGINEER to make
ti
observations of such Work or require testing of said Work, then in such event, the OWNER or the
ENGINEER may require the CONTRACTOR to furnish the OWNER or the ENGINEER with
certificates of inspection,testing or approval made by persons competent to perform such tasks at the
location where that part of the Work is being manufactured or fabricated. All such tests will be in
accordance with the methods prescribed by the American Society for Testing and Materials or such
other applicable organization as may be required by law or the Contract Documents.
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 fl
otherwise provided herein. Any Work which fails to meet the requirements of such tests,inspections,
or approval,and any Work that meets the requirements of any such tests or approval but does not meet
the requirements of the Contract Documents shall be considered defective. Such defective Work shall
be corrected at the CONTRACTOR'S expense.
Neither observations by the OWNER or by the ENGINEER,nor inspections,tests,or approvals made fl
by the OWNER, the ENGINEER or other persons authorized under this Agreement to make such
inspections, tests or approvals, shall relieve the CONTRACTOR from his obligation to perform the
Work in accordance with the requirements of the Contract Documents.
4.21 DEFECTS AND THEIR REMEDIES. It is further agreed that if the Work or any part
thereof, or any material brought on the Site of the Work for use in the Work or selected for the same, 'l
shall be deemed by the ENGINEER as unsuitable or not in conformity with the Plans and Technical
Specifications,the CONTRACTOR shall,after receipt of written notice thereof from the ENGINEER,
forthwith remove such material and rebuild or otherwise remedy such Work so that it shall be in full
accordance with this Contract. It is further agreed that any such remedial action contemplated herein
shall be at CONTRACTOR'S expense. r-
4.22 LIABILITY FOR PROPER PERFORMANCE. Engineering Plans and Technical
Specifications, as well as any additional instructions and information concerning the Work to be ,
performed,passing from or through the ENGINEER, shall not be interpreted as requiring or allowing
the CONTRACTOR to deviate from the Plans and Technical Specifications contained as a part of the
Contract Documents,the intent of such Plans,Technical Specifications,and any other such instructions
being to define with particularity the Agreement of the parties as to Work the CONTRACTOR is to
perform. CONTRACTOR shall be fully and completely liable and contractually bound, at his own
expense,for design,construction,installation and use or non-use of all items and methods instant to the
performance of the Contract, including, without limitation, the adequacy of all temporary supports,
shoring,bracing, scaffolding,machinery or equipment, safety precautions or devices,similar items or
devices used by him during construction, and Work performed either directly or incident to fl
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. r—
Any review of Work in progress or any visit or observation during construction,or any clarification of
Plans and Technical Specifications 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
Barry Rose 00700- 13 of 27 ""^'
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
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 Plans and Technical Specifications
Lwhich are part of the Contract Documents,or for the purpose of enabling the CONTRACTOR to more
fully understand the Plans and Technical Specifications so that the completed Work will conform
f., thereto, and shall in no way relieve the CONTRACTOR from full and complete responsibility for
proper performance of his work on the Project, including,without limitation,the propriety of means
and methods of the CONTRACTOR in performing said Contract, and the adequacy of any designs,
plans or other facilities for accomplishing such performance. Any action by the ENGINEER or the
OWNER in visiting or observing during construction, or any clarification of Plans and Technical
Specifications shall not constitute a waiver of CONTRACTOR'S liability for damages as herein set out.
Deviation by the CONTRACTOR from Plans and Technical Specifications, whether called to the
CONTRACTOR'S attention or not,shall in no way relieve CONTRACTOR from his responsibility to
complete all Work in accordance with said Plans and Technical Specifications, and further shall not
relieve-CONTRACTOR of his liability for loss, damage or injury as herein set out.
4.23 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC. The
CONTRACTOR shall take out and procure a policy or policies of Worker's Compensation Insurance
with an insurance company licensed to transact business in the State of Texas, which policy shall
comply with the Worker's Compensation laws of the State of Texas. The CONTRACTOR shall at all
E times exercise reasonable precautions for the safety of employees and others on or near the Work and
shall comply with all applicable provisions of federal, state and municipal laws and building and
construction codes. All machinery and equipment and other physical hazards shall be guarded in
accordance with the "Manual of Accident Prevention in Construction" of the Associated General
Contractors of America, except where incompatible with federal, state, or municipal laws or
p p p
regulations. The CONTRACTOR shall provide such machinery guards, safe walkways, ladders,
bridges, gangplanks and other safety devices.
All accidents or injuries to CONTRACTOR'S employees working on the job site must be reported to
the ENGINEER immediately.
The safety precautions actually taken and their adequacy shall be the sole responsibility of the
CONTRACTOR,in his sole discretion as an independent contractor. Inclusion of this Paragraph in the
Contract, as well as any notice which may be given by'the OWNER or the ENGINEER as the
OWNER'S representative concerning omissions under this Paragraph as the Work progresses, are
L
intended as reminders to the CONTRACTOR of his duty and shall not be construed as any assumption
of duty to supervise safety precautions by either the CONTRACTOR or any of his subcontractors.
4.24 PROTECTION OF ADJOINING PROPERTY. The CONTRACTOR shall employ
proper means to protect the adjacent or adjoining property or properties in anyway encountered,which
might be injured or seriously affected by any process of construction to be undertaken under this
CAgreement,from any damage or injury by reason of said process of construction; and he shall be liable
for any and all claims for such damage on account of his failure to fully protect all adjoining property.
THE CONTRACTOR AGREES TO INDEMNIFY,SAVE,AND HOLD HARMLESS THE OWNER
AND ENGINEER AGAINST ANY CLAIM OR CLAIMS FOR DAMAGES DUE TO ANY INJURY
TO ANY ADJACENT OR ADJOINING PROPERTY, ARISING OR GROWING OUT OF THE
r`_J PERFORMANCE OF THE CONTRACT.
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CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
4.25 PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS,
MATERIALMEN,AND FURNISHERS OF MACHINERY,EQUIPMENT,AND SUPPLIES. THE
CONTRACTOR AGREES THAT HE WILL INDEMNIFY,SAVE AND HOLD THE OWNER AND
THE ENGINEER HARMLESS FROM ALL CLAIMS GROWING OUT OF THE LAWFUL
DEMANDS OF SUBCONTRACTORS,LABORERS,WORKERS,MECHANICS,MATERIALMEN
AND FURNISHERS OF MACHINERY AND PARTS THEREOF,EQUIPMENT,POWER TOOLS --,
AND ALL SUPPLIES,INCLUDING COMMISSARY,INCURRED IN THE FURTHERANCE OF
THE PERFORMANCE OF THIS CONTRACT. When so desired by the OWNER, the
CONTRACTOR shall furnish satisfactory evidence that all obligations of the nature hereinabove r-
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 fl
directly any unpaid bills of which the OWNER has written notice, or withhold from the
CONTRACTOR'S unpaid compensation a sum of money deemed reasonably sufficient to liquidate any
and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully
discharged,whereupon payments to the CONTRACTOR shall be resumed in full,in accordance with
the terms of this Contract.
Any and all communications between any parties under this Paragraph shall be in writing.
4.26 PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION. The
CONTRACTOR shall pay all royalties and license fees and shall provide for the use of any design,
device,material,or process covered by letters patent or copyright,by suitable legal agreement with the
=� patentee or owner thereof. THE CONTRACTOR SHALL DEFEND ALL SUITS OR CLAIMS FOR r"1
INFRINGEMENT OF ANY PATENT OR COPYRIGHT AND SHALL INDEMNIFY, SAVE AND
HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY LOSS ON ACCOUNT
THEREOF, EXCEPT THAT THE OWNER SHALL DEFEND ALL SUCH SUITS AND CLAIMS
AND SHALL BE RESPONSIBLE FOR ALL SUCH LOSS WHEN A PARTICULAR DESIGN,
DEVICE, MATERIAL OR PROCESS OR THE PRODUCT OF A PARTICULAR
MANUFACTURER OR MANUFACTURERS IS SPECIFIED OR REQUIRED BY THE OWNER;
PROVIDED, HOWEVER, IF CHOICE OF ALTERNATE DESIGN, DEVICE, MATERIAL OR
PROCESS IS ALLOWED TO THE CONTRACTOR, THEN THE CONTRACTOR SHALL -,
INDEMNIFY,SAVE AND HOLD THE OWNER HARMLESS FROM ANY LOSS ON ACCOUNT
THEREOF. In addition, if the material or process specified or required by the OWNER is an
infringement, the CONTRACTOR shall be responsible for such loss unless he promptly advises the
OWNER of such infringement.
4.27 INDEMNIFICATION. The CONTRACTOR shall be solely responsible for the safety
of himself, his employees, and all other persons, as well as for the protection of the improvements
being erected and the property of himself or any other person, as a result of his operations hereunder.
THE CONTRACTOR AGREES TO INDEMNIFY AND HOLD THE ENGINEER AND THE
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 fl
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
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CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
ARISING FROM CLAIMS BY SUCH EMPLOYEES FOR WAGES, SALARY, WORKING
CONDITIONS OR ANY OTHER COMPLAINT OR CLAIM WHICH MAY BE MADE.
FTHE CONTRACTOR, HIS SURETIES AND INSURANCE CARRIERS SHALL DEFEND,
INDEMNIFY AND HOLD HARMLESS THE OWNER AND THE ENGINEER AND THEIR
RESPECTIVE OFFICERS,AGENTS AND EMPLOYEES FROM AND AGAINST ALL DAMAGES,
CLAIMS, LOSSES, DEMANDS, SUITS, JUDGMENTS'AND COSTS OF ANY CHARACTER
WHATSOEVER, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES, AND
[61 SHALL BE REQUIRED TO PAY ANY JUDGMENT THEREFORE,WITH COSTS,WHICH MAY
BE OBTAINED AGAINST THE OWNER AND/OR THE ENGINEER OR ANY OF THEIR
OFFICERS, AGENTS OR EMPLOYEES, ARISING OUT OF OR RESULTING FROM THE
PERFORMANCE OF THE WORK,PROVIDED THAT ANY SUCH DAMAGES, CLAIM,LOSS,
DEMAND, SUIT, JUDGMENT, COST OR EXPENSE:
ra+ (1) IS ATTRIBUTABLE TO BODILY INJURY,SICKNESS,DISEASE OR DEATH OR
INJURY TO OR DESTRUCTION OF TANGIBLE PROPERTY,INCLUDING THE
LOSS OF USE RESULTING THEREFROM; AND
E (2) IS CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENT ACT OR OMISSION
OF THE CONTRACTOR, ANY SUBCONTRACTOR, THEIR AGENTS OR
EMPLOYEES OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY
ONE OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE
LIABLE,REGARDLESS OF WHETHER OR NOT IT IS CAUSED IN PART BY A
rD PARTY INDEMNIFIED HEREUNDER.
The obligation of the CONTRACTOR under this Agreement shall not extend to the liability of the
ENGINEER, his agents or employees, arising out of the preparation or approval of maps, drawings,
reports, surveys, designs or specifications, or the giving of or the failure to give directions or
instructions by the ENGINEER,his agents or employees,provided such giving or failure to give is the
primary cause of the injury or damage.
4.28 LOSSES FROM NATURAL CAUSES. All loss or damage to the CONTRACTOR
arising out of the nature of the Work to be done or from any unforeseen circumstances in the
L prosecution of the same,or from the action of the elements,or from unusual obstructions or difficulties
which may be encountered in the prosecution of the Work, shall be sustained and borne by the
CONTRACTOR at his own cost and expense.
4.29 GUARANTEE. The CONTRACTOR shall furnish the OWNER with a written
Guarantee on all workmanship and materials provided by him for the project. The written Guarantee
shall be made out to the OWNER and in a form satisfactory to the OWNER'S legal counsel,
guaranteeing all the Work under the Contract to be free from faulty material in every particular and free
Lfrom improper workmanship; and against unusual damage from proper and usual use;and agreeing to
replace or to re-execute without cost to the.OWNER such work as may be found to be improper or
�., imperfect,and to make good all damages caused to other work or material,due to such defective work
or due to its required replacement or re-execution. This Guarantee shall be made to cover a period of
one year from the date of acceptance of Work under the Contract, as evidenced by the OWNER'S
Certificate of Acceptance,of the Work. Neither the Certificate of Acceptance,Final Payment,nor any
provision in the Contract Documents shall relieve the CONTRACTOR of the responsibility for neglect
EBarry Rose 00700- 16 of 27
r`l
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
or faulty material or workmanship during the period covered by the Guarantee. The one-year period of 1
any Guarantee clauses will not limit the OWNER'S other rights under common law to have defects
remedied when discovered after one year. ,--1
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 Documents, the Plans and Technical Specifications, and within the time of completion
designated in the Bid Proposal; provided, also, that when the OWNER is having other work done,
either by contract or by his own force,the ENGINEER may direct the time and manner of constructing
the Work done under this Contract, so that conflict will be avoided and the construction of the various
works being done for the OWNER shall be harmonized.
The CONTRACTOR shall submit, at such times as may reasonably be requested by the ENGINEER, fl
schedules that shall show the order in which the CONTRACTOR proposes to carry on the Work,with
dates on which the CONTRACTOR will start the several parts of the Work, and estimated dates of
completion of the several parts.
5.02 EXTENSION OF TIME. The CONTRACTOR agrees that he has submitted his 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 completion of the Work has
been delayed by any act or neglect of the OWNER, the ENGINEER, or any employee of either, by
other contractors employed by the OWNER,by changes ordered in the Work,by strikes,lockouts,fires
and unusual delays by common carriers,by unavoidable cause or causes beyond the CONTRACTOR'S
control, or by any cause which the ENGINEER shall decide justifies the delay. The CONTRACTOR
shall give the ENGINEER prompt notice, in writing, of the cause of such delay; and within ten(10)
days after receipt of a written request for an Extension of Time shall from the CONTRACTOR,
supported by all requested documentation,the ENGINEER shall submit such written request,together
with his written recommendation, to the OWNER for consideration, and the OWNER shall grant an r,
Extension of Time for completing the Work, sufficient to compensate for the delay.
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 hindrances and delays incident to such Work, whether
growing out of delays in securing material or workmen or otherwise. No claim shall be made by the
CONTRACTOR for damages resulting from hindrances or delays from any cause during the progress
of any portion of the Work embraced in this Contract,except where the Work is stopped by order of the
OWNER, or the ENGINEER as the OWNER'S representative for the OWNER'S convenience, in k"`?
which event such expense as in the judgment of the ENGINEER is caused by such stoppage of said
Work shall be paid by the OWNER to the CONTRACTOR.
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CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
5.04 LIQUIDATED DAMAGES FOR DELAY. It is understood and agreed that time is of
the essence, and that the CONTRACTOR will commence said Work on the date specified and will
complete said Work within the time specified in the Bid Proposal. It is expressly understood and
agreed,by and between the CONTRACTOR and the OWNER,that the time for the completion of the
Work described herein is reasonable time for the completion of the same,taking into consideration the
(.„ average climatic range and conditions and usual industrial conditions prevailing in this locality. The
CONTRACTOR further agrees that a breach of this Contract as to completion on time will cause
damage to the OWNER and that such damages cannot be accurately measured or that ascertainment
will be difficult. Therefore, the parties agree that for each and every Calendar Day the Work or any
portion thereof shall remain uncompleted after the expiration of the time limit set in the Contract or as
extended by the OWNER,the CONTRACTOR shall pay,as minimum Liquidated Damages,and not as
a penalty,the amount set out in the Bid Proposal.
However, the foregoing'agreement as to Liquidated Damages constitutes only an agreement by the
OWNER and the CONTRACTOR as to the minimum amount of damages which the OWNER will
sustain in any event by reason of the CONTRACTOR'S failure to complete the Work within the
specified time. Should the OWNER suffer damage over and above the minimum amount specified,by
reason of the CONTRACTOR'S failure to begin the Work when ordered, carry it forward
uninterruptedly after beginning, or complete it within the specified time in strict accordance with the
Contract Documents, the OWNER may recover such additional amount.
LThe 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
FDCONTRACTOR or the OWNER may recover such amount from the CONTRACTOR and the sureties
of his Bond; all of such remedies shall be cumulative and the OWNER shall not be required to elect
any one nor be deemed to have made an election by proceeding to enforce any one remedy.
6.0 MEASUREMENT AND PAYMENT
6.01. DISCREPANCIES AND OMISSIONS. It is the intent of this Contract that all Work
described in the Bid Proposal,the Plans and Technical Specifications and other Contract Documents,is
to be done for the prices quoted by the CONTRACTOR and that such price shall include all
appurtenances necessary_to complete the Work in accordance with the intent of the Contract
Documents as interpreted by the ENGINEER. If the-CONTRACTOR finds any discrepancies or
omissions in the Plans, Technical Specifications, or Contract Documents, he should notify the
ENGINEER and obtain a clarification before the Bid Proposals are received, and if no such request is
received by the ENGINEER prior to the Bid Opening, then it 'shall be considered that the
CONTRACTOR fully understands the Work to be included 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 Bid Opening.
6.02 . QUANTITIES AND MEASUREMENTS. No extra or customary measurements of any
kind will be allowed,but the actual measured and/or computed length, area, solid contents, number,
[ai+ and weight only shall be considered, unless otherwise specifically provided.
6.03 ESTIMATED QUANTITIES. The Contract Documents, including the Technical
Specifications,Plans, and Estimated Quantities, are intended to show clearly all work to be done and
material to be furnished hereunder. Where the Estimated Quantities are shown for the various classes
Barry Rose 00700- 18 of 27
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
f-,
of work to be done and material to be furnished under this Contract,they are approximate and are to be
used only as a basis for estimating the probable cost of the Work and for comparing the proposals
offered for the Work. It is understood and agreed that the actual amount of Work to be done and the
materials to be furnished under this Contract may differ somewhat from the estimates and that the items
listed or Estimated Quantities stated shall not give rise to a claim by the CONTRACTOR against the
OWNER for compensation, unless the work shall have actually been authorized, and performed and
material supplied.
Where payment is based on the Unit Price method,the CONTRACTOR agrees that he will make no r
claim for damages,anticipated profits or otherwise,on account of any differences which maybe found
between the quantities of Work actually done and the material actually furnished under this Contract
and the Estimated Quantities contemplated and contained in the Bid Proposal. fl
6.04 CONTRACT PRICE. 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 n
completion of all work and the delivery of all materials embraced in this Contract in full conformity
with the Contract Documents and.Plans and Technical Specifications and stipulations herein contained,
the OWNER agrees to pay to the CONTRACTOR the prices set forth in the Bid Proposal attached
hereto, which is made a part of this Contract, for the material actually used and services actually
performed;however,the OWNER does not assume any obligation to pay for any services or material
not actually authorized and used. The CONTRACTOR hereby agrees to receive such prices as 'l
payment in full for furnishing all materials and all labor required for the aforesaid Work, and for all
expenses incurred by him, and for full performance of the Work and the whole thereof in the manner
and according to this Agreement, the attached Plans and Technical Specifications and Contract 'l
Documents, and the requirements of the ENGINEER.
6.05 PAYMENTS. No payments made or certificates given shall be considered as
conclusive evidence of the performance of the Contract, either in whole or in part, nor shall any
certificate or payment be considered as acceptance of defective Work. CONTRACTOR shall, at any
time requested during the progress of the Work, furnish the OWNER or the ENGINEER with a
verifying certificate showing the CONTRACTOR'S total outstanding indebtedness in connection with
the Work. Before Final Payment is made,the CONTRACTOR shall satisfy the OWNER,by affidavit
or otherwise,that there are no outstanding liens against OWNER'S premises by reason of any Work
under the Contract. Acceptance by CONTRACTOR of Final Payment of the Contract Price shall
constitute a waiver of claims against OWNER which have not theretofore been timely filed as provided
in this Contract.
6.06 PROGRESS PAYMENTS. On or before the first day of each month, the
CONTRACTOR shall prepare and submit to the ENGINEER, for approval or modification, an
Application for Payment,being a statement showing as completely as practicable,the total value of the
Work done by the CONTRACTOR up to and including the twenty-fifth day of the preceding month; fl
said statement shall also include the value of all sound materials to be fabricated into the Work and
stored in accordance with manufacturer's recommendation at the CONTRACTOR'S fully secured and
insured designated area. No payment will be made for materials stored until OWNER has accepted the
CONTRACTOR'S designated area and proof of insurance for materials stored has been provided. The
ENGINEER shall then review such statement and Application for Payment and the progress of the
Work made by the CONTRACTOR and,if found to be in order, shall prepare a Recommendation for
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ECITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
Payment and shall deliver said recommendation to the OWNER and the CONTRACTOR by the tenth
day of the month.
EThe CONTRACTOR shall then, prior to payment by the OWNER, certify and attest to the
Recommendation for Payment that he is in accord with the Recommendation for Payment and agrees to
accept the amounts set out therein and the total set out therein for the Work and for the prices contained
in the Recommendation for Payment. If the CONTRACTOR does not agree or desires to protest the
ENGINEER'S Recommendation for Payment,the same shall not be recommended by the ENGINEER
to the OWNER for payment until such dispute has been resolved,and the CONTRACTOR agrees that
any claim by the CONTRACTOR for additional compensation,of any nature whatsoever,not contained
in the ENGINEER'S Recommendation for Payment,shall be waived,and further contracts and agrees,
r+ upon acceptance of the OWNER'S payment,that this shall constitute full and Final Payment for Work
performed by the CONTRACTOR contained in the CONTRACTOR'S statement which shall be
attached to the ENGINEER'S Recommendation for Payment.
6.07 RETAINAGE. The OWNER shall then pay the CONTRACTOR,within thirty(30)
days of receipt of the -ENGINEER'S Recommendation for Payment, the total amount of said
recommendations,less Retainage of ten percent(10%)of the amount thereof. Such Retainage shall be
retained until Final Payment, and further less all previous payments and all further sums that may be
retained by the OWNER under the terms of this Contract. 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
r D percentage to the CONTRACTOR,or the CONTRACTOR,at the OWNER'S option,maybe relieved
of the obligation to fully complete the Work, and thereupon,the CONTRACTOR shall receive, at the
OWNER'S option,payment of the balance due him under the Contract,subject only to the conditions
set forth under Paragraph 6.10, "Final Payment". ,
The OWNER at its option and in compliance with state law may reduce Retainage to,less than the
above-stated percentages.
6.08 USE OF COMPLETED PORTIONS. The OWNER shall have the right to take
possession of and use any completed or partially completed portions of the Work,notwithstanding that
the time for completing the entire Work or such portions may not have expired; but such taking
possession and use shall not be deemed an acceptance of any Work not completed in accordance with
the Contract Documents. If such.prior use increases the cost of or delays the Work, the
CONTRACTOR shall be entitled to such extra compensation or extension of time,or both,as maybe
determined in accordance with the provisions of the Contract.
. The CONTRACTOR shall notifythe ENGINEER, byletter executed bya dulyqualified officer of
CONTRACTOR,that in CONTRACTOR'S opinion,the Contract is"Substantially Completed". When
f..,
` so notifying the ENGINEER, the CONTRACTOR shall furnish to the ENGINEER, in writing, a
detailed list of unfinished Work. The ENGINEER will review the CONTRACTOR'S list of unfinished
Work and will add thereto such items as the CONTRACTOR failed to include. The Substantial
Completion of the structure or facility shall not excuse the CONTRACTOR from performing all of the
J ' Work undertaken,whether of a minor or maj or.nature, and thereby completing the structure or facility
in accordance with the Contract Documents.
Barry Rose 00700-20 of 27
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
6.09 FINAL COMPLETION AND ACCEPTANCE. Within ten (10) days after the r
CONTRACTOR has given the ENGINEER written notice that the Work has been completed, the
ENGINEER and the OWNER shall inspect the Work; and within said time,if the Work is found to be
completed in accordance with the Contract Documents,the ENGINEER shall issue to the OWNER and
the CONTRACTOR his Certificate of Completion. Thereupon, it shall be the duty of the OWNER,
within ten (10) days, to issue a Certificate of Acceptance of the Work to the CONTRACTOR or to
advise the CONTRACTOR in writing of the reason for non-acceptance.
6.10 FINAL PAYMENT. Upon the issuance of the ENGINEER'S Certificate of
Completion and OWNER'S Certificate of Acceptance, the ENGINEER shall proceed to make final
measurements and prepare a final statement of the value of all work performed and materials furnished
under the terms of the Contract and shall present the same to the CONTRACTOR for acceptance. The
CONTRACTOR,if he finds such statement to be in order,including all Work upon which a claim for
payment may be made, shall note his acceptance thereon; and by accepting the same, the
CONTRACTOR agrees to release any and all claims of any nature whatsoever against the OWNER or fl
the ENGINEER, growing out of or by reason of the performance of the Contract,the construction of _
the Work,for Extra Work, or for any other reason whatsoever,either growing out of the Contract and
the documents attached thereto or otherwise. In addition,the CONTRACTOR shall execute a full and
final release in a form, included herein and made a part of these Contract Documents as Attachment
No.2"Agreement for Final Payment and Contractor's Sworn Release",which shall be presented to the
OWNER with the ENGINEER'S final statement and any Change Orders or additions or deletions there
from, duly attested by the CONTRACTOR requesting payment.
The OWNER shall pay to the CONTRACTOR, on or after the 30th day and before the 35th day after
the date of the Certificate of Completion,the balance due the CONTRACTOR under the terms of the
Agreement, provided the CONTRACTOR has duly executed and returned all documents requiring
execution or approval as herein provided,or as may be provided by the OWNER,and that he has fully
performed his contractual obligations under the terms of this Contract. Neither the Certificate of
Acceptance, nor the Final Payment, nor any provision in the Contract Documents shall relieve the
CONTRACTOR of the obligation for fulfillment of any warranty which may be required by law or by
the Contract Documents.
n
6.11 CORRECTION OF WORK BEFORE FINAL PAYMENT. The CONTRACTOR shall
promptly remove from OWNER'S premises all materials deemed unsuitable by the ENGINEER on
account of failure to conform to the Contract Documents,whether actually incorporated in the Work or
not, and CONTRACTOR shall, at his own expense,promptly replace such unsuitable materials with
other materials conforming to the requirements of the Contract Documents. The CONTRACTOR shall
also bear the expense of restoring all Work of other contractors damaged by any such removal or ri
replacement. If CONTRACTOR does not remove and replace any such unsuitable Work within a
reasonable time after receipt of a written notice from the OWNER or the ENGINEER,the OWNER
may remove,replace, and remedy such Work at CONTRACTOR'S expense.
6.12 CORRECTION OF WORK AFTER FINAL PAYMENT. Neither the Final Payment
nor certificate nor any provision in this Contract shall relieve the CONTRACTOR of responsibility for 'r`f
faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any damage
to other Work resulting therefrom,which shall appear within a period of one(1)year from the date of
acceptance of Work as evidenced by the Owner's Certificate of Acceptance. The OWNER or the
ENGINEER shall give notice of observed defects with reasonable promptness.
Barry Rose 00700-21 of 27
ECITY OF PEARLAND GENERAL CON
DITIONS OF AGREEMENT
6.13 PAYMENTS WITHHELD. The OWNER may,,on account of subsequently discovered
evidence,withhold or nullify the whole or part of any certificate or withhold partial or full payment to
such extent as may be necessary to protect himself from loss on account of:
(1) Defective Work not remedied;medied;
(2) Claims filed or reasonable evidence indicating probable filing of claims;
(3) Failure of the CONTRACTOR to make payments properly to subcontractors or for
material or labor;
(4) Damage to another contractor;
(5) Reasonable doubt that the Work can be unpaid completed for the aid balance of the
p P
contract amount;
(6) Reasonable indication that the Work will not be completed within the contract time.
E (7) Failure on the part of the CONTRACTOR to execute any and all documents,releases
or other documents presented to the CONTRACTOR for execution, as provided for
herein or otherwise.
�- (8) Liquidated Damages due to late completion.
1) When the above grounds are removed or the CONTRACTOR provides a Surety Bond,satisfactory to
the OWNER, which will protect the OWNER in the amount withheld,payment may be made for the
amounts withheld because of them. However,the OWNER shall have the discretion of withholding or
making payment in the event any of items (1)through(8) shall be applicable to the Work or progress
thereof.
6.14 DELAYED PAYMENTS. Should the OWNER fail to make payment to the
CONTRACTOR of the sum named in any Progress Payment or Final Payment,when payment is due,
after the same has been recommended for payment by both the ENGINEER and the CONTRACTOR,
Eand the CONTRACTOR has met all other conditions stipulated herein or in the Contract Documents
entitling the CONTRACTOR to payment, then the OWNER shall pay to the CONTRACTOR, in
addition to the sum shown as due by such statement,interest thereon at the rate of six percent(6%)per
annum from date due, as provided under Paragraph 6.06, "Progress Payments" and Paragraph 6.10,
"Final Payment",until fully paid,which shall fully liquidate any injury to the CONTRACTOR growing
out of such delay in payment;but the right is expressly reserved to the CONTRACTOR,in the event
payments be not promptly made as provided under Paragraph 6.06, "Progress Payments", to at any
time thereafter treat the Contract as abandoned by the OWNER and to recover compensation as
provided under Paragraph 8.0, "Abandonment of Contract", unless such payments are withheld in
L' accordance with the provisions of Paragraph 6.13 "Payments Withheld".
7.0 EXTRA WORK AND CLAIMS
J
7.01 CHANGE ORDERS. Without invalidating this Contract, 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
Barry.Rose 00700-22 of 27
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
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. r,
In the event the CONTRACTOR shall refuse to approve a Change Order which has been prepared by
the ENGINEER, the ENGINEER may instruct the CONTRACTOR, in writing, to proceed with the
Work as set forth in the Change Order, and the CONTRACTOR may make a claim against the
OWNER for Extra Work involved therein. However, the CONTRACTOR shall only be entitled to
payment upon the execution of the final certification and release in a form as provided for herein,and 4.7
CONTRACTOR shall approve such certification before the OWNER shall be obligated to make
payment.
7.02 MINOR CHANGES. The ENGINEER may authorize Minor Changes in the Work not
inconsistent with the overall intent of the Contract Documents and not involving an increase in
Contract Price. If the CONTRACTOR believes that any Minor Changes or alteration authorized by the F`-?
ENGINEER involves Extra Work or entitles him to an increase in the Contract Price, the _
CONTRACTOR shall make written request to the ENGINEER for a written Field Order.
1
In such case,the CONTRACTOR,by copy of his communication to the ENGINEER or otherwise in
writing, shall advise the OWNER of his request to the ENGINEER for a written Field Order and that
the Work involved may result in an increase in the Contract Price.
Any request by the CONTRACTOR for a change in Contract Price shall be made prior to beginning the
'3 Work covered by the proposed change. fl
7.03 EXTRA WORK. It is agreed that the CONTRACTOR shall perform all Extra Work
under the direction of the ENGINEER when presented with a written work order signed by the fl
ENGINEER,subject,however,to the right of the CONTRACTOR to require written confirmation of
such Extra Work order by the OWNER. It is agreed that the basis of compensation to the
CONTRACTOR for Work either added or deleted by a Change Order, or for which a claim for Extra `-
Work is made, shall be determined by one or more of the following methods:
Method(A) -- By agreed unit prices; or
Method(B) -- By agreed lump sum; or
Method(C) -- If neither Method(A)nor Method(B)be agreed upon before the Extra Work is
commenced,then the CONTRACTOR shall be paid the"actual field cost"of
the Work,plus fifteen percent (15%). f'
In the event said Extra Work is performed and paid for under Method(C),then the provisions of this
Paragraph shall apply and the "actual field cost" is hereby defined to include the cost to the `l
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
1-7
Extra Work, plus actual transportation charges necessarily incurred together with all power, fuel,
lubricants, water and similar operating expenses, plus all necessary incidental expenses incurred
_) directly on account of such Extra Work,including Social Security,Old Age Benefits and other payroll
taxes, and a rateable proportion of premiums on Performance and Payment Bonds and Maintenance
Barry Rose 00700-23 of 27 `'1
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
Bonds,Public Liability and Property Damage and Worker's Compensation,and all other insurance as
may be required by law or ordinance, or directed by the OWNER, or by them agreed to.
EThe 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 Contractor's of
America where practicable, and the terms and prices for the use of machinery and equipment shall be
incorporated in the written Extra Work Order. The fifteen percent(15%)of the"actual field cost"to be
paid to the CONTRACTOR, shall cover and compensate him for his profit, overhead, general
superintendence and field office expense, and all other elements of cost and expense not embraced
within the"actual field cost"as herein defined, save that where the CONTRACTOR'S camp or field
office must be maintained primarily on account of such Extra Work, then the cost to maintain and
operate the same shall be included in the"actual field cost."
No claim for Extra Work of any kind will be allowed unless ordered in writing by the ENGINEER. In
case any orders or instructions, either oral or written, appear to the CONTRACTOR to involve Extra
rWork for which he should receive compensation or an adjustment in the construction time,he shall
make written request to the ENGINEER for written order authorizing such Extra Work. Should a
difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment
r'D therefore,and the ENGINEER insists upon its performance,the CONTRACTOR shall proceed with the
Work after making written request for written order and shall keep an accurate account of the"actual
field cost"thereof, as provided under Method(C). The CONTRACTOR shall then have the right to
submit his claim directly to the OWNER by proper certification and attestation,on forms provided by
the OWNER. If the OWNER shall fail to pay or guarantee to pay said amount claimed within thirty
(30) days of the date of submission, the CONTRACTOR shall have the right to file suit in the
applicable District Court,for declaratory judgment or other relief,to determine his rights to such claim,
and if he shall fail to file suit within sixty(60) days after the date of presentment to the OWNER, the
CONTRACTOR shall lose and forfeit his right to make such claim for Extra Work at any later date,
and all claims held by the CONTRACTOR shall be deemed forfeited and forever barred if the
CONTRACTOR shall accept Final Payment without having first filed suit in the District Court.
7.04 TIME OF FILING CLAIMS. It is further agreed by both parties hereto that all
questions of dispute or adjustment presented by the CONTRACTOR shall be in writing and filed with
the ENGINEER within thirty (30) days after the ENGINEER has given any directions, order, or
instruction to which the CONTRACTOR desires to take exception. The ENGINEER shall reply within
thirty (30) days to such written exceptions by the CONTRACTOR and render his final decision in
writing. In case the CONTRACTOR should desire to appeal from the ENGINEER'S decision, the
CONTRACTOR may request a meeting between representatives of the OWNER and the
CONTRACTOR for the purposes of appealing the ENGINEER'S decision directly to the OWNER,
such meeting to occur within ten(10) days after the date of the delivery to the CONTRACTOR of the
ENGINEER'S final decision. If the CONTRACTOR shall still be aggrieved after a meeting with the
J OWNER and/or his representative,the CONTRACTOR shall have sixty(60)days after the date of the
delivery to the CONTRACTOR of the ENGINEER'S fmal decision, to appeal the same to the
applicable District Court, by filing suit for declaratory judgment or other appropriate relief In the
p
Barry Rose 00700-24 of 27
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CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
event the CONTRACTOR shall fail,for any reason,to file suit,and shall accept Final Payment for all
Work completed, the OWNER shall be released of any and all liability, and'the action by the
CONTRACTOR in accepting Final Payment shall constitute a final bar and satisfaction of all claims
held by the CONTRACTOR against the OWNER.
8.0 ABANDONMENT OF CONTRACT
8.01 ABANDONMENT BY CONTRACTOR. In case the CONTRACTOR should abandon
and fail or refuse to resume work within ten(10) days after written notification from the OWNER or
the ENGINEER, or if the CONTRACTOR fails to comply with the orders of the ENGINEER when
such orders are consistent with the Contract Documents,then and in that case,where Performance and
Payment Bonds exist,the sureties on these bonds shall be notified in writing and directed to complete
the Work, and a copy of said notice shall be delivered to the CONTRACTOR.
After receiving said notice of abandonment,the CONTRACTOR shall not remove from the Work any n
machinery,equipment,tools,or supplies then on the job,but the same,together with any materials and
equipment under contract for the Work,maybe held for use on the Work by the OWNER or the surety
on the Performance Bond,or another contractor in completion of the Work; and the CONTRACTOR fl
shall not receive any rental or credit there for, it being understood that the use of such equipment and
materials will ultimately reduce the cost to complete the Work and be reflected in the final settlement.
fl
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: fl
(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 r1
complete the Work and charge the expense of such labor,machinery,equipment,tools,
materials and supplies to said CONTRACTOR, and expense so charged shall be
deducted and paid by the OWNER out of such monies as may be due or that may �-
thereafter at any time become due to the CONTRACTOR under and by virtue of this
Agreement. In case such expense is less than the sum which would have been payable
under this Contract if the same had been completed by the CONTRACTOR,then said `1
CONTRACTOR shall receive the difference. In case such expense is greater than the
sum which would have been payable under this Contract if the same had been
completed by such CONTRACTOR,then the CONTRACTOR and/or his surety shall
pay the amount of such excess to the OWNER; or
(b) The OWNER,under sealed bids,under the times and procedures provided for by law,
may let the contract for completion of the Work under substantially the same terms and
conditions which are provided in this Contract. In case of any increase in cost to the , a
OWNER under the new contract,as compared to what would have been the cost under
this Contract, such increase shall be charged to the CONTRACTOR, and the surety
shall be and remain bound therefore. However, should the cost to complete any such
new contract prove to be less than what would have been the cost to complete under
this Contract, the CONTRACTOR, and/or his surety shall be credited therewith.
Barry Rose 00700-25 of 27
CITY OF PEARLAND GENER
AL CONDITIONS OF AGREEMENT
When the Work shall have been Substantially Completed,the CONTRACTOR and his surety shall be
so notified and Certificates of Completion and Acceptance,as hereinabove provided,shall be issued. A
complete itemized statement of the contract accounts,certified by the ENGINEER as being correct,
shall then be prepared and delivered to the CONTRACTOR and his surety, whereupon the
CONTRACTOR and/or his surety shall pay the balance due as reflected by said statement, within
fifteen(15)days after the date of such Certificate of Completion. The OWNER,prior to incurring an
obligation to make payment hereunder, shall have such statement of completion attested to by the
CONTRACTOR as accurate, and upon payment of the sum stated therein, the OWNER shall be
entitled to full and final release of any claims or demands by the CONTRACTOR.
In the event the statement of accounts shows that the cost to complete the Work is less than that which
would have been the cost to the OWNER had the Work been completed by the CONTRACTOR under
the terms of this Contract,or when the CONTRACTOR and/or his surety shall pay the balance shown
to be due by them to the OWNER, then all machinery, equipment,tools or supplies left on the site of
E the Work shall be turned over to the CONTRACTOR and/or his surety. Should the cost to complete
the Work exceed the Contract Price,and the CONTRACTOR and/or his surety fail to pay the amount
due the OWNER within the time designated above,and there remains any machinery,equipment,tools,
materials or supplies on the site of the Work, notice thereof, together with an itemized list of such
equipment and materials, shall be mailed to the CONTRACTOR and his surety at the respective
addresses designated in the Contract,provided,however,that actual written notice given in any manner
will satisfy this condition. After mailing or other giving of such notice,such property shall be held at
the risk of the CONTRACTOR and his surety, subject only to the duty of the OWNER to exercise
ordinary care to protect such property. After fifteen (15) days from the date of such notice, the
OWNER may sell such property, equipment, tools, materials, or supplies, and apply the net sum
derived from such sale to the credit of the CONTRACTOR and his surety. Such sale maybe made at
either public or private sale, with or without notice, as the OWNER may elect. The OWNER shall
release any machinery,equipment,tools,materials,or supplies,which remain on the Work,and belong
to persons other than the CONTRACTOR or his surety, to their proper owners. The books on all
operations provided herein shall be open to the CONTRACTOR and his surety.
8.02 ABANDONMENT BY OWNER. In case the OWNER shall fail to comply with the
terms of this Contract(a disputed or unilateral claim by the CONTRACTOR cannot by itself constitute
"abandonment")and should fail or refuse to comply with said terms within ten(10)days after written
notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the
Work, and may remove there from all machinery,tools and equipment, and all materials on the site of
the Work that have not been included in payments to the CONTRACTOR and have not been wrought
into the Work. And thereupon,the ENGINEER shall make an estimate of the total amount earned by
the CONTRACTOR, which estimate shall include the value of all Work actually completed by said
CONTRACTOR(at the prices stated in the attached Bid Proposal where unit prices are used),the value
of all partially completed Work at a fair and equitable price, and the amount of all Extra Work
E 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 maybe retained by the OWNER under the terms of this Contract,and
shall present the same to the CONTRACTOR for the CONTRACTOR'S approval; and upon the
CONTRACTOR'S approving the same as being true, correct and accurate, and upon payment of said
sum,the CONTRACTOR shall release the OWNER of any and all liability growing out of or by reason
Barry Rose 00700-26 of 27
fl
CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT
of said Contract, and then the same shall be presented to the OWNER, who shall pay to the
�l CONTRACTOR,on or before thirty(30)days after the date of notification by the CONTRACTOR of
the balance shown by said final statement as due the CONTRACTOR under the terms of this Contract. 1-1
9.0 ARBITRATION
9.01 Any party to this Contract,upon the written agreement and acquiescence of all other r j
parties,may submit any question or dispute under the terms and provisions of the Contract Documents,
to arbitration under such procedure and agreements as the parties shall make in writing prior to
arbitration.
The results of arbitration shall be binding and shall constitute an amendment to the Contract
Documents when accepted in writing by the parties to the Contract.
END OF SECTION
r
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Barry Rose 00700-27 of 27 `-j
CITY OF PEARLAND ATTACHMENT NUMBER 1 TO GENERAL CONDITIONS
Section 00701
) ATTACHMENT NUMBER 1 TO GENERAL CONDITIONS
WORKER'S COMPENSATION INSURANCE COVERAGE
A. DEFINITIONS:
Certificate of Workers "coverage Compensation Insurance p g ( certificate") -A copy of
a certificate of insurance, a certificate of authority to self-insure issued by the Texas
Worker's Compensation Commission(TWCC), or a coverage agreement(TWCC-
81, TWCC-82, TWCC-83 or TWCC-84), showing statutory workers' compensation
E insurance coverage for the person's or entity's employees providing services on a
Project for the duration of the Project.
Duration of the Project-includes the time from the beginning of the Work on the
Project until the contractor's/person's Work on the Project has been completed and
accepted by the governmental entity.
Persons providing services on the Project("subcontractor" in Texas Labor Code,
Section 406.096) -include persons or entities performing any part of the services
the Contractor has undertaken to perform on the Project, regardless of whether that
person contracted directly with the Contractor and regardless of whether that person
has employees. This includes,without limitation, Independent Contractors,
[47D subcontractors, leasing companies,motor carriers, owner-operators, employees of
any such entity, or employees of any entity which furnishes persons to provide
services on the Project. "Services" include,without limitation,providing,hauling,
or delivering equipment or materials, or providing labor, transportation, or other
service related to a Project. "Services" does not include activities unrelated to the
Project, such as food/beverage vendors, office supply deliveries, and delivery of
Cportable toilets.
B. The Contractor shall provide coverage,based on proper reporting of classification codes
and payroll amounts and filing of any coverage agreements,which meets the statutory
requirements of Texas Labor Code, Section 401.011 (44) for employees of the Contractor
providing services on the Project, for the duration of the Project.
C. The Contractor must provide a certificate of coverage to the Owner prior to being awarded
the Contract for Work on the Project.
D. If the coverage period shown on the Contractor's current certificate of coverage ends during
the duration of the Project, the Contractor must,prior to the end of the coverage period, file
a new certificate of coverage with the governmental entity showing that coverage has been
L extended.
E. The Contractor shall obtain from each person providing services on a Project, and provide
___- to the governmental entity:
(1) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all
Barry Rose 00701 - 1 of 3
CITY OF PEARLAND ATTACHMENT NUMBER 1 TO GENERAL CONDITIONS
fon
persons providing services on the project; and
(2) no later than seven days after receipt by the contractor, a new certificate of coverage
showing extension of coverage,if the coverage period shown on the current certificate
of coverage ends during the duration of the project.
F. The Contractor shall retain all required certificates of coverage for the duration of the
Project and for one year thereafter.
G. The Contractor shall notify the governmental entity in writing by certified mail or personal fl
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 Worker's Compensation Commission, informing all persons
providing services on the Project that they are required to be covered, and stating how a
person may verify coverage and report lack of coverage.
NOTICE
REQUIRED WORKER'S COMPENSATION COVERAGE
"The law requires that each person working on this site
or providing services related to this construction project
must be covered by worker's compensation insurance.
This includes persons providing,hauling,or delivering
equipment or materials, or providing labor or
transportation or other service related to the project,
regardless of the identify of their employer or status as
an employee."
"Call the Texas Worker's Compensation Commission
at (512) 440-3789 to receive information on the legal '¢`l
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, to: 'l
(1) provide coverage, based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011 (44) for all of its employees
providing services on the project, for the duration of the project;
(2) provide to the contractor, prior to that person beginning work on the project, a
certificate of coverage showing that coverage is being provided for all employees of
the person providing services on the project, for the duration of the project: fl
Barry Rose 00701 -2 of 3 r1
CITY OF PEARLAND ATTACHMENT NUMBER 1 TO GENERAL CONDITIONS
(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 otherperson with whom it contracts, and provide to the contractor:
(a) a certificate of coverage, prior to the other person beginning work on the
project; and
(b) a new certificate of coverage shown extension of coverage,prior to the end of
the coverage period,if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter;
(6)[".
notify the overnmental entityin writingbycertified mail orpersonal delivery,within
fY g rY,
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 Section 00500—Standard Form of Agreement or providing or causing to be
provided a certificate of Workers Compensation Insurance coverage, the Contractor is
representing to the governmental entity that all employees-of the Contractor who will
provide services on the project will be covered by Worker's Compensation Coverage for
the duration of the Project,that the coverage 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 the Contract
for Work on the Project by the Contractor which entitles the governmental entity to declare
that Contract void if the Contractor does not remedy the breach within ten days.after
receipt of notice of breach from the governmental entity.
[ • END OF SECTION
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EBarry Rose 00701 -3 of 3
CITY OF PEARLAND ATTACHMENT NUMBER 2 TO GENERAL CONDITIONS
Section 00702
ATTACHMENT NUMBER 2 TO GENERAL CONDITIONS
AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S SWORN RELEASE
In order to insure that the rights, obligations and responsibilities of all parties to the original
Contract Document are fully protected, which Contract Document was signed and executed on the
fl
day of ,200_,by
referred to therein as CONTRACTOR and hereinafter referred to as CONTRACTOR, and f`?
,hereinafter referred to as OWNER,
fl
on the day of ,20_, and further in consideration for the Final Payment of
all sums due and claimed by the CONTRACTOR against OWNER, the CONTRACTOR makes the f j
following representations to OWNER,either individually if a proprietorship,jointly by all partners if a
partnership, or if a corporation,by action of the president and secretary of said corporation, as duly
authorized by appropriate action of the stockholders and/or board of directors of said corporation,their
signatures hereon constituting a representation under oath by said individuals that they have the power
and authority to execute this Agreement for Final Payment and Contractor's Sworn Release for and on
r"r
behalf of the said corporation:
n
I. I
The Contractor has received (number) payments pursuant to (number) of
Contractor Payment Estimates,copies of which are attached hereto and marked Exhibit"A",presented
to OWNER and paid during the progress of the job referred to in the Contract between the parties;and
in this regard, the undersigned CONTRACTOR represents to OWNER that it does not claim nor `?
intend to claim at any future date, any additional sums of money of any nature whatsoever under and
by virtue of the payment estimates previously submitted to the ENGINEER for approval,or any other
sums of money of any nature whatsoever for materials furnished and used in the job or for Work done,
Barry Rose 00702- 1 of 6 �"
CITY OF PEARLAND ATTACHMENT NUMBER 2 TO GENERAL CONDITIONS
and hereby releases and discharges OWNER from any liabilities of any nature whatsoever, for any
claims of any nature made by the CONTRACTOR at some future date,or by its successors or assigns.
r II.
The undersigned CONTRACTOR further represents to OWNER that the final Application for
Payment,if any,submitted by the CONTRACTOR to,OWNER,whether or not modified,corrected or
changed in some way by deletions or other modifications by the ENGINEER,the CONTRACTOR or
the OWNER,a copy of which is attached hereto and marked Exhibit"B",is true,correct and accurate;
and it is further agreed and stipulated by the undersigned CONTRACTOR that upon the receipt of
Final Payment in the amount as set out on the final 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, demands, obligations, suits, liabilities and causes of action of any nature
whatsoever under and by virtue of the terms and provisions of the Contract hereinbefore referred to,
�•, and any change or modification thereof, or in any manner growing out of or arising from or by virtue
{� of the work, labor and services performed by the CONTRACTOR.
I
111.
CONTRACTOR, in addition to the provisions set out in the Contract Document, agrees to
indemnify and hold OWNER harmless from any and all causes of action, claims, demands or suits
made by any person or other entity against OWNER, by reason of the Work performed by such
cwal
CONTRACTOR, and agrees to defend or to cause the same to be defended at the CONTRACTOR'S
sole expense and obligation, whenever such actions may be brought, and further to pay all costs
L
incurred by OWNER in the defense thereof, including administrative costs and attorney's fees, and
further to payanyjudgments or settlements which may be entered into or agreed to against or for the
J � Y �' g
Barry Rose 00702-2 of 6
CITY OF PEARLAND ATTACHMENT NUMBER 2 TO GENERAL CONDITIONS
ri
benefit of OWNER. It is, however, specifically agreed that OWNER shall not enter into any
settlement agreements without the acquiescence and agreement of the CONTRACTOR.
IV. I
The CONTRACTOR,acting by and through the person or persons whose names are subscribed
hereto, does solemnly swear and affirm that all bills and claims have been paid to all materialmen,
suppliers, laborers, subcontractors, or other entities performing services or supplying materials, and 1
that OWNER shall not be subject to any bills, claims, demands, litigation or suits in connection
therewith.
1
V.
It is further specifically understood and agreed that this Agreement for Final Payment and fl
Contractor's Sworn Release shall constitute a part of the original Contract of the parties heretofore
referred to,and it is also specifically understood and agreed that this Agreement for Final Payment and
n
Contractor's Sworn Release 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.
fl
VI.
This Agreement for Final Payment and Contractor's Sworn Release shall be considered to be
continuing and binding upon the parties hereto and shall not terminate upon receipt and acceptance by
the CONTRACTOR of Final Payment,but shall be deemed continuing so long as any actions,claims '
or other demands contemplated herein against OWNER, may lawfully be brought under applicable
statutes of limitations, and shall in addition be deemed to be continuing for such additional period of
Barry Rose 00702-3 of 6
CITY OF PEARLAND ATTA
CHMENT NUMBER 2 TO GENERAL CONDITIONS
time as shall be necessary to compensate and repayto OWNER,all costs or damages incurred by it by
reason of such claims.
SIGNED and EXECUTED this,the day of ,200_
CONTRACTOR:
Signature
Print
Name:
[If CONTRACTOR is a proprietorship, owner must sign; if a partnership,each partner must
sign; if a corporation, the following language should be used.]
SIGNED and EXECUTED this,the day of ,200_,
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:
Title:
ATTEST:
Corporate Secretary
(Corporate Seal)
r
Barry Rose 00702-4 of 6
CITY OF PEARLAND ATTACHMENT NUMBER 2 TO GENERAL CONDITIONS
[This form is for use by either a proprietorship or a partnership. In the event CONTRACTOR
is a partnership or a joint proprietorship, additional signature lines should be added for each
individual.]
AFFIDAVIT
STATE OF TEXAS
COUNTY OF
BEFORE ME,the undersigned authority,on this day personally appeared the person or persons
whose name(s) are subscribed to the above and foregoing Agreement for Final Payment and
Contractor's Sworn Release,who each,after being by me duly sworn,on their oaths deposed and said:
I(We) am(are) the person(s) who signed and executed the above and foregoing
Agreement for Final Payment and Contractor's Sworn Release, and I(we)have
read the facts and statements as therein set out and the representations as made
therein, and I(we) state that the above and foregoing are true and correct.
n
D CONTRACTOR—Affiant
SWORN TO AND SUBSCRIBED TO before me, the day of
200
Notary Public, State of Texas
My Commission
Expires:
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Barry Rose 00702-5 of 6
CITY OF PEARLAND ATTACHMENT NUMBER 2 TO GENERAL CONDITIONS
[This form is for use in the event CONTRACTOR is a corporation.]
f�
AFFIDAVIT
STATE OF TEXAS
COUNTY OF
' BEFORE ME, the undersigned authority, on this day personally appeared the persons who
signed and executed the above and foregoing Agreement for Final Payment and Contractor's Sworn
Release, whose names are set out above, who each, after being by me duly sworn, on their oaths
deposed and said:
We each are the persons whose names are subscribed above, and hold
respectively the 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
LJ 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
, 200 .
Notary Public, State of Texas
My Commission
Expires:
END OF SECTION
Barry Rose 00702-6 of 6
CITY OF PEARLAND_ SPECIAL CONDITIONS OF AGREEMENT
)-1
Section 00800
SPECIAL CONDITIONS OF AGREEMENT
The following Special Conditions of Agreement modify Section 00700 - General Conditions of
Agreement. Where a portion of the General Conditions of Agreement is modified or deleted by these
Special Conditions of Agreement,the unaltered portions of the General Conditions of Agreement shall
remain in effect.
1.01 OWNER, CONTRACTOR, AND ENGINEER. Add the following to the end of 1.01:
I
It is anticipated that the OWNER'S representative on the project site will be M_.
, telephone , unless CONTRACTOR is
notified otherwise.
3.02 KEEPING OF PLANS AND TECHNICAL SPECIFICATIONS ACCESSIBLE. Delete 3.02
in its entirety and replace with the following:
The ENGINEER shall furnish the CONTRACTOR with an adequate and reasonable number of copies !"a
of all Plans and Technical Specifications, not to exceed five (5) sets, without expense to the _
CONTRACTOR, and the CONTRACTOR shall keep one copy of the same constantly accessible on
the Project Site,with the latest revisions noted thereon. The CONTRACTOR shall be responsible for
preserving the Plans and Technical Specifications for reference and review by the OWNER or the
ENGINEER.
3 4.03 LAWS AND ORDINANCES. Add the following paragraph to the end of 4.03:
The prevailing wage rates applicable to this Work shall be either Section 00811 —Wage Scale for f'
Engineering Construction or Section 00813—Wage Scale for Building Construction or both,as bound
herein.
4.05 PERFORMANCE AND PAYMENT BONDS. Delete 4.05 in its entirety and replace with the
following:
4.05 BONDS. In the event the Contract Price shall be in excess of $25,000.00, the
CONTRACTOR shall execute separate Performance, Payment, and One-Year Maintenance Bonds,
each in the sum of one hundred percent (100%) of the total Contract Price, and a One-Year Surface '
Correction Bond in the sum of four percent(4%)of the total Contract Price,which shall be increased
at any time to cover any change orders, additives or add-ons, in accordance with the provisions of
Chapter 2253 of the Texas Government Code. If the Contract Price does not exceed$25,000.00,the
statutory bonds will not be required. All required bonds shall be submitted on forms approved by the
OWNER for this purpose, guaranteeing the faithful performance of the Work and fulfillment of any
guarantees required,and further guaranteeing payment to all persons supplying labor and materials or
furnishing him any equipment in the execution of the Contract. It is agreed that the Contract shall not
be in effect until all such Bonds are furnished and approved by the OWNER.
Each such bond shall be executed by a corporate surety or corporate sureties duly authorized to do
business in the State of Texas. No separate Bid Item for these Bonds is included in the Bid Proposal. r-�
Barry Rose 00800- 1 of 2
CITY OF PEARLAND SPECIAL CONDITIONS OF AGREEMENT
4.18 SHOP DRAWINGS AND SCHEDULES. Delete the last sentence of the first paragraph of
4.18 and replace with the following:
The Engineer shall review properly submitted materials within 30 calendar days and return them to the
CONTRACTOR,indicating desired corrections if necessary.
4.20 OBSERVATION AND TESTING. Add the following paragraph to the end of 4.20:
All testing required by this Contract for acceptance of the Work shall be completed and indicate
satisfactory results prior to issuance of a Certificate of Completion.
5.01 TIME AND ORDER OF COMPLETION. Add the following paragraph to the end
of 5.01:
All time worked on holidays,Sundays,and other than 7:30 AM to 4:30 PM Monday through Saturday
(normal working hours) shall be considered overtime hours with respect to City personnel.
CONTRACTOR shall pay all costs for overtime work by City personnel necessitated by
CONTRACTOR'S election to work other than normal working hours as described above.
5.02 EXTENSION OF TIME. Add the following paragraph to the end of 5.02:
The Contract Time as defined in Section 00500— Standard Form of Agreement includes rain/mud
days. The CONTRACTOR shall keep a record of all rain/mud days at the Project Site. The rain/mud
day record must be accepted and signed off by the City Inspector daily and shall be reported on the
LD monthly Application for Payment. The Contract Days used each month(or portion thereof)shall be
credited for only those recorded and accepted rain/mud days.
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END OF SECTION
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Barry Rose 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 5159-a of the
Revised Civil Statutes of Texas), the public body awarding the contract does hereby
specify the rates shown in Table 00811-A below to be the general prevailing rates in the
locality in which the work is being performed.
7
1.02 This prevailing wage rate does not prohibit the payment of more than the rates stated.
1.03 The wage scale for engineering construction is to be applied to all site work greater than 5
feet from an exterior wall of new building under construction or from an exterior wall of an
existing building.
- '
Barry Rose 00811 - 1 of 2
7
CITY OF PEARLAND WAGE SCALE FOR ENGINEER
ING CONSTRUCTION
7
Table 00811-A
L' PREVAILING WAGE RATES FOR ENGINEERING CONSTRUCTION
7 CLASSIFICATION RATE CLASSIFICATION RATE
ASPHALT RAKER 8.28 ASPHALT PAVING MACHINE 10.05
ASPHALT SHOVELER 7.45 BROOM OR SWEEPER OPERATOR 8.01
7 BATCHING PLANT WEIGHER 11.11 BULLDOZER 9.91
L CARPENTER 10.35 CONCRETE CURING MACHINE 8.80
CONCRETE FINISHER-PAVING 9.87 CONCRETE FINISHING MACHINE 11.79
7 CONCRETE FINISHER-STRUCTURES 9.86 CONCRETE JOINT SEALER 10.50
CONCRETE RUBBER 9.00 CONCRETE PAVING FLOAT 9.30
ELECTRICIAN 16.15 CONCRETE PAVING SAW 10.01
7 FLAGGER 6.66 CONCRETE PAVING SPREADER 9.32
FORM BUILDER(STRUCTURES) 9.96 SLIPFORM MACHINE OPERATOR 9.20
FORM LINER-PAVING&CURB 9.03 CRANE,CLAMSHELL,BACKHOE, 11.35
7 DERRICK,DRAGLINE, SHOVEL
FORMSE 1"1'hR(PAVING/CURB) 8.86 CRUSHER/SCREENING PLAN 11.00
FORM SETTER-STRUCTURES 9.05 FOUNDATION DRILL OPERATOR, 12.59
[8.
CRAWLER MOUNTED
LABORER-COMMON 7.45 FOUNDATION DRILL OPERATOR 12.73
TRUCK MOUNTED
}"'� LABORER-UTILITY 8.53 FRONT END LOADER 9.29
" D LINEPERSON 7.50 MILLING MACHINE OPERATOR 10.43
MANHOLE BUILDER(BRICK) 8.49 MIXER 7.94
r MECHANIC 11.38 MOTOR GRADER(FINE GRADE) 11.11
L OILER 9.56 MOTOR GRADER 10.67
SERVICER 9.51 PAVEMENT MARKING MACHINE 7.45
PAINTER-STRUCTURES 14.00 ROLLER,STEEL WHEEL PLANT 9.25
MIX PAVEMENTS
PILEDRIVER 10.96 ROLLER,STEEL WHEEL OTHER 7.61
FLATWHEEL OR TAMPING
( PIPE LAYER 8.49 ROLLER,PNEUMATIC,SELF PROPELLED 7.96_
i ASPHALT DISTRIBUTOR 9.47 SCRAPER _ 8.69
TRACTOR-CRAWLER TYPE 10.12 TRACTOR-PNEUMATIC 8.99
TRAVELING MIXER 9.35 TRENCHING MACHINE-LIGHT 10.50
TRENCHING MACHINE-HEAVY 13.56 WAGON-DRILL,BORING MACHINE 10.15
REINFORCING STEEL SETTER(PAVING) 12.50 REINFORCING STEEL SETTER 12.47
STRUCTURES
STEEL WORKER-STRUCTURAL 10.35 SIGN ERECTOR 10.06
SPREADER BOX OPERATOR 9.08 SIGN INSTALLER 7.45
7 WORK ZONE BARRICADE 7.45 TRUCK DRIVER-SINGLE AXLE LIGHT 8.15
TRUCK DRIVER-SINGLE AXLE HEAVY 8.76 TRUCK DRIVER-TANDEM AXLE SEMI 8.00
TRAILER
TRUCK DRIVER-LOWBOY/FLOAT 11.29 WELDER 10.43
cit._J END OF SECTION
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7 Barry Rose 00811 -2 of 2
n
CITY OF PEARLAND WAGE SCALE FOR BUILDING CONSTRUCTION
Section 00813
WAGE SCALE FOR BUILDING CONSTRUCTION
1.01 In accordance with the Prevailing Wage law on Public Works (Article 5159-a of the
Revised Civil Statutes of Texas), the public body awarding the contract does hereby
specify the following to be the general prevailing rates ion the locality in which the work is
being performed.
fl
1.02 This prevailing wage rate does not prohibit the payment of more than the rates stated.
1.03 The wage scale for building construction is to be applied to work on a building including
an area within 5 feet of the exterior wall. ‘ �
END OF SECTION
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11
Barry Rose 00813 1 of 1
I
CITY OF PEARLAND TECHNICAL SPECIFICATIONS DIVISION 1
TECHNICAL SPECIFICATIONS
DIVISION 1
GENERAL REQUIREMENTS
C
C
Barry Rose 01000- 1 of 1
CITY OF PEARLAND SUMMARY OF WORK
Section 01100
SUMMARY OF WORK
1.0 GENERAL
1.01 SECTION INCLUDES 1
A References to Technical Specifications:
1. Section 01310 - Coordination of Meetings
2. Section 01380 - Construction Photographs
3. Section 01500—Temporary Facilities and Controls
1.02 WORK COVERED BY CONTRACT DOCUMENTS
A This Project will entail removal of existing fence and construction of new wood fence *�
and new concrete fence along north and south side of Barry Rose Road. The Work
includes,but is not limited to:
1. Wood Fence: 894 linear feet of 8 foot notched top wood fence.
a. Five (5) matching 4 foot pedestrian gates.
b. Reattach two (2) existing wood double gates.
c. Remove and dispose existing fence and vegetation in construction path.
d. Reattach existing side lot fences.
2. Concrete Fence: 3631 linear feet of concrete fence.
a. Remove and dispose existing fence and vegetation in construction path.
b. Reattach existing side lot fences.
1.03 SITE MOBILIZATION CONFERENCE fi
A If it is the intention of the Engineer to schedule a Site Mobilization Conference,it will be
announced at the Preconstruction Conference and be conducted under the provisions of
Section 01310—Coordination and Meetings.
1.04 CONSTRUCTION PHOTOGRAPHS
, 1
A Contractor shall submit Preconstruction and Post-Construction Photographs in
accordance with Section 01380—Construction Photographs.
1.05 FIELD OFFICE
A If it is the intention of the Contractor to provide and occupy a Field office at the Project _
Site, its location shall be subject to the Engineer's approval and it shall be erected
maintained in accordance with Section 01500—Temporary Facilities and Controls and `1
other applicable Technical Specifications.
1.06 PRODUCTS -NOTUSED fl
2.0 EXECUTION-NotUsed
END OF SECTION
Barry Rose 01100- 1 of 1 r I
CI CO
NTRACTOR'S OF PEARLAND CONTRACTOR S USE OF PREMISES
Section 01140.
CONTRACTOR'S USE OF PREMISES
[81' 1.0 GENERAL
1.01 SECTION INCLUDES
A General use of the Project Site including properties inside and outside of rights-of-way,
work affecting road, ramps, streets and driveways and notification to adjacent
occupants.
B References to Technical Specifications:
1. Section 01350—Submittals
2. Section 0.1500—Temporary Facilities and Controls
[14 3. Section 01555—Traffic Control and Regulation
4. Section 02980—Pavement Repair and Resurfacing
5. Section 02318 —Excavation and Backfill for Utilities
6. Section 02910—Topsoil
7. Section 02922—'Sodding
C Referenced Standards:
1. Texas Manual on Uniform Traffic Control Devices (Texas MUTCD)
1.02 SUBMITTALS
A Make Submittals required by this Section under the provisions of Section 01350 —
irn' Submittals.
1.03 RIGHTS-OF-WAY
A Confine access, operations, and storage areas to rights-of-way 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 rights-of-way. .
C Restrict total length which materials may be distributed along the route of the
construction at any one time to 1,000 linear.feet unless otherwise approved by
Engineer.
1.04 PROPERTIES OUTSIDE OF-RIGHTS-OF-WAY
L' A Altering the condition of properties adjacent to and along rights-of-way will not be
permitted unless authorized by the.Engineer and property owner(s).
Barry Rose 01140- 1 of 4
CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES
B Means,methods,techniques,sequences,or procedures which will result in damage to
properties or improvements in the vicinity outside of rights-of-way will not be
permitted. `l
1
C Any damage to properties outside of rights-of-ways shall be repaired or replaced to the
satisfaction of the Engineer and at no cost to the Owner. r,
1.05 USE OF SITE
T-,
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.
6-,
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 Perform daily clean-up of dirt outside the construction zone, debris, scrap materials,
other disposable items. Leave the area broom-clean or its equivalent at the end of the
work day. Keep streets, driveways, and sidewalks clean of dirt, debris and scrap
materials. Do not leave buildings, roads, streets or other construction areas unclean
overnight. "l
1.06 NOTIFICATION TO ADJACENT OCCUPANTS
A Notify individual occupants in areas to be affected by the Work of the proposed
construction and time schedule. Notification shall be 24 hours, 72 hours and 2 weeks
prior to work being performed within 200 feet of the homes or businesses.
B Include in notification names and telephone numbers of two 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.
1.07 PUBLIC, TEMPORARY,AND CONSTRUCTION ROADS AND RAMPS
Barry Rose 01140-2 of 4 71
CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES
A Construct and maintain temporary detours, ramps, and roads to provide for normal
public traffic flow when use of public roads or streets is closed by necessities of the
Work.
L
B Provide mats or other means to prevent overloading or damage to existing roadways
from tracked equipment or exceptionally large or heavy trucks or equipment.
C Construct and maintain access roads and parking areas as specified in Section 01500-
Temporary Facilities and Controls, 1.12 "Roads and Parking".
1.08 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.
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 Texas MUTCD, Part 6 TRAFFIC
CONTROL
1 H Comply with traffic regulation as specified in Section 01555 - Traffic Control and
Regulation.
1.09 SURFACE RESTORATION
A Restore Project Site to condition existing before construction to satisfaction of
Engineer.
B Repair paved area per the requirements of Section 02980 - Pavement Repair and
Resurfacing.
J C Repair turf areas which become damaged,level with Bank Sand conforming to Section
02318-Excavation and Backfill for Utilities,or Topsoil conforming to Section 02910
-Topsoil,as approved by the Engineer and re-sod in accordance with Section 02922-
Barry Rose 01140-3 of 4
CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES
Sodding. Water and level newly sodded areas with adjoining turf using steel wheel
rollers appropriate for sodding. Do not use spot sodding or sprigging.
2.0 PRODUCTS -NotUsed
3.0 EXECUTION-NotUsed
END OF SECTION
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9
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Barry Rose 01140-4of4
CITY OF PEARLAND MEASUREMENT AND PAYMENT PROCEDURES
Section 01200
MEASUREMENT AND PAYMENT PROCEDURES
1.0 GENERAL
. 1.01 SECTION INCLUDES
A Procedures for measurement and payment of Unit Price Work.
B Conditions for nonconformance assessment and_nonpayment for rejected products.
�+ C References to Technical Specifications: None
D Reference Standards:
1., Concrete Reinforcing Steel Institute (CRSI)
2. American.Institute of Steel Construction(AISC)
1.02 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.
rDC 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.
1.03 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.
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.
U
1.04 MEASUREMENT OF QUANTITIES
A Measurement by Weight: Reinforcing steel, rolled or formed steel or other metal
shapes will be measured by CRSI or AISC Manual of Steel Construction weights.
Welded assemblies will be measured by CRSI or AISC Manual of Steel Construction
or scale weights.
Barry Rose 01200- 1 of 3
CITY OF PEARLAND MEASUREMENT AND PAYMENT PROCEDURES
fl
B Measurement by Volume: _ I
1. Stockpiles: Measured by cubic dimension using mean length, width, and
height or thickness. `l
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.
n
D Linear Measurement: Measured by linear dimension, at the item centerline or mean
chord.
E Stipulated Price Measurement: By unit designated in the agreement.
F Other: Items measured by weight, volume, area, or lineal means or combination, as
appropriate, as a completed item or unit of the Work.
1.05 PAYMENT FOR UNIT PRICE WORK
A Payment for Unit Price Work includes full compensation for all required supervision,
labor,products,tools, equipment,plant,transportation, services,and incidentals; and
erection,application or installation of an item of the Work;and Contractor's overhead
and profit.
B The Unit Price bid shall include the total cost for required Work. Claims for payment
as Unit Price Work,but not specifically covered in Section 00300—Bid Proposal,will
not be accepted.
C Progress Payments will be based on the Engineer's observations and evaluations of
quantities incorporated in the Work multiplied by the Unit Price.
D Final payment for Work governed by Unit Prices will be made on the basis of the
actual measurements and quantities determined by Engineer multiplied by the Unit
Price for Work which is incorporated in or made necessary by the Work.
1.06 NONCONFORMANCE ASSESSMENT __!
A Remove and replace the Work, or portions of the Work, not conforming to the '
Contract Documents.
B If, in the opinion of 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. fl
2. The nonconforming Work will be modified as authorized by the Engineer, f
J 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 `l
specified.
Barry Rose 01200-2 of 3 1
CITY OF PEA
RLAND MEASUREMENT AND PAYMENT PROCEDURES
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 identify payment
adjustment is final.
C
1.07 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 after placement.
3. Products not completely unloaded from transporting vehicle.
4. Products placed beyond the lines and levels of the required Work.
5. Products remaining on hand after completion of the Work, unless specified
otherwise.
6. Loading,hauling, and disposing of rejected products.
2.0 PRODUCTS - Not Used
3.0 EXECUTION - Not.Used
END OF SECTION
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Barry Rose 01200-3 of
CITY OF PEARLAND CHANGE ORDER PROCEDURES
Section 01290
CHANGE ORDER PROCEDURES
1.0 GENERAL
1.01 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: "l
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.
1.02 SUBMITTALS
A Make Submittals required by this Section under the provisions of Section 01350 —
Submittals. fl
1.03 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.
1.04 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.
C Proposal for Change shall include, as a minimum, the following information as
applicable:
Barry Rose 01290- 1 of 4
CITY OF PEARL D AN CHANGE ORDER PROCEDURES
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.
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 by whom.
5. Time records and certified copies of applicable payrolls.
6. Invoices and receipts for products, rented equipment, and subcontracts,
similarly documented.
E Rented equipment will be paid to the Contractor by actual invoice cost for the duration of
time required to complete the extra work. If the extra work comprises only a portion of
the rental invoice where the equipment would otherwise be on the site, the Contractor
shall compute the hourly equipment rate by dividing the actual monthly invoice by 176.
i (One day equals 8 hours and one week equals 40 hours.) Operating costs shall not
exceed the estimated operating costs given for the item of equipment in the Blue Book.
F For changes in the work performed on a time-and-materials basis using Contractor-
" owned equipment, compute rates with the Blue Book as follows:
1. Multiply the appropriate Rental Rate by an adjustment factor of 70 percent
plus the full rate shown for operating costs. The Rental Rate utilized shall be
the lowest cost combination of hourly, daily,weekly or monthly rates. Use
150 percent of the Rental Rate for double shifts (one extra shift per day) and
L.
200 percent of the Rental Rate for more than two shifts per day. No other rate
adjustments shall apply.
2. Standby rates shall be 50 percent of the appropriate Rental Rate shown in the
Blue Book. Operating costs will not be allowed.
1.05 CHANGE PROCEDURES
A Changes to Contract Price or Contract Time can only be made by issuance of a Change
Order. Issuance of a Work Change Directive or written acceptance by the Engineer of
changes will be formalized into Change Orders. All such changes will be in accordance
with the requirements of Section 00700 - General Conditions of Agreement, 7.01
"Change Orders".
J 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.
Barry Rose 01290-2 of 4
C
I
CITY OF PEARLAND CHANGE ORDER PROCEDURES
fl
C Contractor may request clarification of Plans, Technical Specifications or Contract
Documents or other information. Response by the Engineer to a Request for Information
1
does not authorize the Contractor to perform tasks outside the scope of the Work. All fl
changes must be authorized as described in this Section.
1.06 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 Tnformation. -
Contractor will prepare and submit its Proposal for Change within 7 days or as specified
in the request. r`f
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 'i
statement describing the reason for the change and the effect on the Contract Price and
Contract Time including full documentation.
1.07 WORK CHANGE DIRECTIVE
A Engineer may issue a signed Work Change Directive instructing the Contractor to 'l
proceed with a change in the Work, for subsequent inclusion in a Change Order.
B The document will describe changes in the Work and will designate a method of
determining any change in Contract Price or Contract Time.
C Contractor shall proceed promptly to execute the changes in the Work in accordance with
the Work Change Directive.
1.08 STIPULATED PRICE CHANGE ORDER
A A Stipulated Price Change Order will be based on an accepted Proposal for Change
including the Contractor's lump sum price quotation. r-
1.09 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 of Agreement. fl
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.
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 fl
Agreement.
Barry Rose 01290-3 of 4
fl
CITY OF PEA BLAND CHANGE ORDER PROCEDURES
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, 1.03,"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 estimate 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.
L„„
2.0 PRODUCTS -NotUsed
f•. 3.0 EXECUTION -NotUsed
L
END OF SECTION
E
Barry Rose 01290-4 of 4
L
CITY OF PEARLAND COORDINATION AND MEETINGS
Section 01310
COORDINATION AND MEETINGS
1.0 GENERAL
1.01 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
1.02 RELATED DOCUMENTS
A Coordination is required throughout the documents. Refer to all of the Contract
Documents and coordinate as necessary.
1.03 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.
1.04 CONTRACTOR COORDINATION
A Coordinate scheduling,submittals,and work of the various Technical Specifications to ,f j
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 i
disruption of Owner's activities where Owner is in partial occupancy.
1.05 PRECONSTRUCTION CONFERENCE
A Engineer will schedule a Preconstruction Conference. P.
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, and the
Consultant.
3. Review of insurance.
4. Discussion of formats proposed by the Contractor for Schedule of Values,
and Construction Schedule.
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CITY OF PEARLAND
COORDINATION AND MEETINGS
5. Discussion of required Submittals, including,but not limited to, Work
Plans, Traffic Control Plans,Safety Programs, Construction Photographs.
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 Record Documents.
12. Designation of the individual authorized.to-execute change documents and
their responsibilities.
13. Discussion of requirements of a Trench Safety Program.
1.06 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.
Agenda:
1. Use of premises by Owner and Contractor
2. Safety and first aid procedures
3. Construction controls provided by Owner
4. Temporary utilities
5. Survey and layout
6. Security and housekeeping procedures
1.07 PROGRESS MEETINGS
A 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 his representative will make arrangements for meetings, and recording
minutes.
D Engineer or his representative will prepare the agenda and preside at meetings.
� p p P
E Contractor shall provide required information and be prepared to discuss each agenda
item.
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CITY OF PEARLAND COORDINATION AND MEETINGS
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 planned progress.
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 projected 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. o--�
2.0 PRODUCTS -Not Used
3.0 EXECUTION -NotUsed I
END OF SECTION
I
ti
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Barry Rose 01310-3of3 fl
7
CITY OF PEARL AND
AN SUBMITTALS
7 ,_\ Section 01350
SUBMITTALS
E1.0 GENERAL
This Section contains general lists of Submittals and Technical Specifications that may be
7
required for the Work. When Submittals are required elsewhere in these Technical
Specifications,refer to this Section for Submittal requirements and procedures.
7 1.01 SECTION.INCLUDES
71 A . Submittal procedures for:
1. Schedule of Values
2. Construction Schedules
3. Shop Drawings,Product Data, and Samples
L' 4. Operations and Maintenance Data . •
5. Manufacturer's Certificates
6. Construction Photographs
77. Project Record Documents
8. Design Mixes
L B References to the following Technical Specifications:
1. Section 01310—Coordination and Meeting
r D _ 2. Section 01630—Product Options and.Substitutions
3. , Section 01100—Summary of Work .. .
4. Section 01380-Construction Photographs ....
L' 5. Section 01760—Project Record Documents
6. Section 02530- Gravity Sanitary Sewers
7 1.02 SUBMITTAL PROCEDURES
A Scheduling and Handling
1. Schedule Submittals well in advance of the need for material or equipment for
7 construction. Allow time to make delivery of material or equipment after
Submittal is approved.
L' 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.
L! '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
7 Specifications and dimensions which affect the layout. The Contractor is
responsible for quantity determination. The Contractor is responsible for any
Eerrors, omissions or deviations'from the Contract requirements; review of
Barry Rose .01350- 1 of 6
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 .J
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 and Numbering
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.
1.03 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 I
(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 these Contract Documents and Technical Specifications 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 fl
Values equal to the applicable Lump Sum in Section 00300 -Bid Proposal.
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 maybe listed as separate items in the Schedule of Values. '1
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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.
E1.04 CONSTRUCTION SCHEDULES
A Submit Construction Schedules for the Work in accordance with the requirements of
this Section. The Construction Schedule Submittal shall be,at 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.
L 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
L more than 50 activities. Fewer activities may be accepted,if approved by the
Engineer.
2. For Projects with work at different physical locations,each location should be
indicated separately within the 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.
rd Barry Rose 01350-3 of 6
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CITY OF PEARLAND SUBMITTALS
fl
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 of Agreement.
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 and schedule.
n
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; 1"--1
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.
1.05 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 as such.
b. Arrangement and section views.
c. Relation to adjacent materials or structure including complete
information for making connections between work under this Contract
and work under other contracts.
d. Kinds of materials and finishes. n
e. Parts list and descriptions. j
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 `l
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
EB 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.
r 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 or Owner.
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.
1.06 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.
1.07 MANUFACTURER'S CERTIFICATES
A When specified in Technical Specification, submit manufacturers' certificate of
compliance for review by Engineer.
B Contractor's Certification, as described in this Section, 1.02"Submittal Procedures",
shall be placed on front page of the certificate.
r' Barry Rose 01350-5of6
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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.
1.08 CONSTRUCTION PHOTOGRAPHS
A When required by Section 01100 - Summary of Work, submit photographs in
accordance with Section 01380 - Construction Photographs. *�
1.09 PROJECT RECORD DOCUMENTS
A Submit Project Record Documents in accordance with Section 01760-Project Record
Documents.
1.10 VIDEO
A Submit television video tapes as required in Section 02530—Gravity Sanitary Sewers.
B Transmittal forms for video tapes shall be numbered sequentially beginning with T01,
T02, T03, etc. .,
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 Design Mix.
C Mark each Design Mix to identify proportions,gradations,and additives for each class
and type of Design Mix submitted. Include applicable test results on samples for each
mix.
D Maintain a copy of approved Design Mixes at mixing plant. fl
2.0 PRODUCTS -NotUsed
I
3.0 EXECUTION-NotUsed
END OF SECTION
1
fl
Barry Rose 01350-6 of 6 �"i
CITY OF PEARLAND
CONSTRUCTION PHOTOGRAAHS
Section 01380
CONSTRUCTION PHOTOGRAPHS
1.0 GENERAL
1.01 SECTION INCLUDES
A Requirements for Construction Photographs and Submittals.
B References Technical Specifications:
1. Section 01100—Summary of Work
2. Section 01350—Submittals
1.02 MEASUREMENT�+ NT AND PAYMENT
A Unless indicated in Section 00300 Bid Proposal as a Bid Item,no separate payment
will be made for Construction Photographs under this Section. Include cost in Bid
Items for installed Work.
1.03 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.
[54 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 be left.
H With each Submittal,include photographic negatives in protective envelopes,identified
by Project Name, Contractor, and date photographs were taken.
1.04 QUALITY ASSURANCE
Barry Rose 01380- 1 of 3
CITY OF PEARLAND CONSTRUCTION PHOTOGRPAHS
A Contractor shall be responsible for the timely execution of the photographs, their
vantage point, direction of shot, and quality.
2.0 PRODUCTS
2.01 PHOTOGRAPHS
A Photographs shall be 35mm quality, 3x5 color prints with matte finish.
B The photographs shall show on a non-elective chalkboard,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.
fl
C Indicate the condition of the following:
1. Esplanades and boulevards.
2. Yards (near side and far side of street).
3. House-walk and sidewalk. J
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 of shot
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 and grass.
E Identify each photograph with an applied label or rubber stamp on the back with the 'l
following information:
1. Name of the Project.
2. Name and address of the photographer(if a professional photographer is
used).
3. Name of the Contractor.
4. Date the photograph was taken.
5. Photographs to be in plastic pockets and bound in three-ring notebook for
easy access and viewing.
3.0 EXECUTION -
3.01 PRECONSTRUCTION PHOTOGRAPHS
•
A Prior to the commencement of the Work, take photographs of the entire route of the
Project Site.
J 3.02 POST-CONSTRUCTION PHOTOGRAPHS
Barry Rose 01380-2 of 3
CITY OF PEARLAND
CONSTRUCTION PHOTOGRPAHS
A Following the completion of the Work,take photographs from corresponding vantage
points and direction of shots.
3.03 PROGESS PHOTOGRAPHS
1. Take photographs at intervals, coinciding with the cutoff date associated
with each 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
E
E
L
E
r
r
Barry Rose 01380-3 of
CITY OF PEARLAND REFERENCED STANDARDS
Section 01420
REFERENCED STANDARDS
1.0 GENERAL
1.01 SECTION INCLUDES
A General quality assurance as related to Reference Standards and a list of references.
B References to Technical Specifications: None
1.02 QUALITY ASSURANCE
A For Products or workmanship specified by association, trade, or Federal Standards
comply with requirements of the standard, except when more rigid requirements are
specified or are required by applicable codes.
B Conform to reference standard by date of issue current on the date as stated in Section
00700 - General Conditions of Agreement.
C Request clarification from Engineer before proceeding should specified reference
standards conflict with Contract Documents.
1.03 SCHEDULE OF REFERENCES
AASHTO American Association of State Highway and Transportation Officials
444 North Capitol Street,N.W.
Washington,DC 20001
ACI American Concrete Institute *�
P.O. Box 19150
Reford Station
Detroit,MI 48219-0150 fl
AGC Associated General Contractors of America
1957 E Street,N.W. fl
Washington,DC 20006
AI Asphalt Institute
Asphalt Institute Building
College Park,MD 20740
AITC American Institute of Timber Construction
333 W. Hampden Avenue
Englewood, CO 80110
AISC American Institute of Steel Construction
400 North Michigan Avenue, Eighth Floor fl
Chicago, IL 60611
Barry Rose 01420- 1 of 5 fl
CITY OF PEA BLAND REFERENCED STANDARDS
AISI American Iron and Steel Institute . .
1000 16th Street,N.W.
Washington,DC 20036
ASME American Society of Mechanical Engineers
345 East 47th Street
New York,NY 10017
ANSI American National Standards Institute
1430 Broadway
New York,NY 10018
APA American Plywood Association
Box 11700
Tacoma, WA 98411
API American Petroleum Institute
1220 L Street,N.W.
Washington,DC 20005
AREA American Railway Engineering Association
50 F Street,N.W.
Washington,DC 20001
ASTM American Society for Testing and Materials
1916 Race Street
Philadelphia,PA 19103
AWPA American Wood-Preservers'Association
7735 Old Georgetown Road _
Bethesda,MD 20014
AWS American Welding Society
P.O. Box35104 .
Miami,FL 33135
AWWA American Water Works Association
6666 West Quincy Avenue
Denver, CO 80235
CLFMI Chain Link Fence Manufacturers Institute.
1101 Connecticut Avenue,N.W.
Washington,DC 20036
CRD U.S.A. Corps of Engineers
EBarry Rose . . 01420-2of5
CITY OF PEARLAND REFERENCED STANDARDS
n
Code of Ordinances
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
CRSI Concrete Reinforcing Steel Institute �11
933 Plum Grove Road
Schaumburg, IL 60173-4758
EJMA Expansion Joint Manufacturers Association
707 Westchester Avenue
White Plains,NY 10604
FS Federal Standardization Documents General Services Administration, Specifications Unit(WFSIS)
7th and D 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 'l
MIL Military Specifications
General Services Administration, Specifications Unit(WFSIS)
7th and D Street S.W.
Washington,DC 20406 rl
NACE National Association of Corrosion Engineers
P. O. Box 986 ,,.',
Katy, TX 77450
NEMA National Electrical Manufacturers'Association
2101 L Street,N.W., Suite 300
Washington, DC 20037
NFPA National Fire Protection Association
Batterymarch Park, P.O. Box 9101
Quincy, MA 02269-9101
OSHA Occupational Safety Health Administration
U.S. Department of Labor, Government Printing Office
Washington, DC 20402
Barry Rose 01420-3 of 5 I
CITY OF PEA
RLAND REFERENCED STANDARDS
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
L' TxDot Texas Department 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
Dallas, TX 75234
WRI Wire Reinforcement Institute
942 Main Street—Suite 300
Hartford, CT 06103
Barry Rose 01420-4 of 5
CITY OF PEARLAND REFERENCED STANDARDS
,l
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
fl
1
Barry Rose 01420-5 of 5 1
E CITY OF PEARLAND ►
CONTRACTOR S QUALITY CONTROL
7, Section 01430
) CONTRACTOR'S QUALITY CONTROL..
7 1.0 GENERAL
1.01 SECTION INCLUDES7
A Quality assurance and control of installation and manufacturer's field services and
7 reports.
B References to Technical Specifications:
1. Section 01350—Submittals
7
1.02 SUBMITTALS
7 A Make Submittals required by this Section under the provisions of Section 01350 —
Submittals.
7 1.03 QUALITY ASSURANCE/CONTROL OF INSTALLATION
A Monitor quality control over suppliers, manufacturers, products, services, site
7 conditions, and workmanship, to produce the Work of specified quality at no
�+ additional cost to the Owner.
7 D B Comply fully with manufacturers' installation instructions, including each step in
sequence.
7 C Request clarification from Project Manager before proceeding should manufacturers'
instructions conflict with Contract Documents.
7 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.
7
E Perform work by persons qualified to produce the specified level of workmanship.
7 F Obtain copies of Standards and maintain at Project Site when required by individual
Technical Specifications.
7 1.04 MANUFACTURERS' FIELD SERVICES AND REPORTS
A When specified in individual Technical Specifications, provide material or product
7, 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
7 operation,as required. Conform to minimum time requirements for start-up operations
and operator training if defined in Technical Specifications.
7—)
B At the Project Manager's request, submit qualifications of manufacturer's
representative to Project Manager fifteen (15) days in advance of required
7 Barry Rose 01430- 1 of 2
CITY OF PEARLAND CONTRACTOR'S QUALITY CONTROL
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 14 days of observation to
Project Manager for review.
2.0 PRODUCTS -NotUsed
3.0 EXECUTION-NotUsed }
END OF SECTION I
`l
_ 9
1
r
n
Barry Rose 01430-2 of 2
CITY OF PEARLAND
INSPECTION SERVICES
Section.01440
INSPECTION SERVICES
1.0 GENERAL
1.01 SECTION INCLUDES
A Inspection services and references.
B References to Technical.Specifications:
1. Section 01450-Testing Laboratory Services
1.02 INSPECTION
A. Project Manager will appoint an Inspector as a representative of the Owner to perform
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 inspection or construction management services as indicated in
Section 01450 -Testing Laboratory Services.
C Reports will be submitted by the independent firm to Project Manager,
Architect/Engineer, and Contractor, indicating observations and results of tests and
indicating compliance or non-compliance with Contract Documents.
79 D Contractor shall assist and cooperate with the Inspector;furnish samples of materials,
design mix, equipment, tools, and storage.
E .Contractor shall notifyProject Manager 24 hoursprior to expected time for operations
g p P
requiring services. Notify Architect/Engineer and independent firm when noted.
F Contractor shall signand acknowledge report for Inspector.
2.0 PRODUCTS -Not.Used .
3.0 EXECUTION-NotUsed
END OF SECTION
E
Barry Rose 01440-1 of 1
n
CITY OF PEARLAND TESTING LABORATORY SERVICES
r
Section 01450
TESTING LABORATORY SERVICES
n
1.0 GENERAL
1.01 SECTION INCLUDES
A Testing Laboratory Services and Contractor responsibilities related to those Services.
n
B References to Technical Specifications: None.
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"
1.02 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. fl
C Contractor shall schedule and monitor testing as required to provide timely results and
to avoid delay to the Work. I
1.03 LABORATORY REPORTS
n
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 Proj ect.
Test results which indicate non-conformance shall be transmitted immediately via fax
from the testing laboratory to the Contractor and Project Manager.
1.04 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.
Barry Rose 01450 -1 of 2 fl
CI[111
TY TY OF PEARLAND TESTING.LABORATORY SERVICES
1.05 CONTRACTOR RESPONSIBILITIES
A Notify Project Manager and laboratory 24 hours prior to expected time for operations
requiring inspection and testing services. Notify Engineer if Technical Specification
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 pay for:
1. Retesting required for failed tests.
2. Retesting for nonconforming Work.
3. Additional sampling and tests requested by Contractor for his own purposes.
79 2.0 PRODUCTS - Not Used
3.0 EXECUTION
3.01 CONDUCTING TESTING
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
E
E
L -
Barry Rose 01450-2 of 2
CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS
Section 01500
TEMPORARY FACILITIES AND CONTROLS
n
1.0 GENERAL
1.01 SECTION INCLUDES
1
A Temporary Facilities and the necessary Controls for the Work including utilities,
telephone, sanitary facilities, field office, storage sheds and building, safety
requirements,first aid equipment,fire protection,security measures,protection of the
Work and property, access roads and parking, environmental controls, disposal of
trash,debris,and excavated material,pest and rodent control,water runoff and erosion
control.
B References to Technical Specifications:
1. Section 01350—Submittals
2. Section 01100—Summary of Work
3. Section 01570—Trench Safety System
4. Section 01555—Traffic Control and Regulation
5. Section 01563 -Tree and Plant Protection
C Referenced Standards:
1. Occupational Safety and Health Administration(OSHA)
2. National Fire Protection Association(NFPA)
3. Code of Ordinances, City of Pearland, Texas
1.02 MEASUREMENT AND PAYMENT
fl
A Unless indicated in Section 00300—Bid Proposal 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. fl
1.03 SUBMITTALS
r
A Make Submittals required by this Section under the provisions of Section 01350 —
Submittals.
1.04 CONTRACTOR'S RESPONSIBILITY
A The facilities and controls specified in this Section are considered minimum for the
Work. The Contractor may provide additional facilities and controls for the proper
execution of the Work and to meet Contractor's responsibilities for protection of
persons and property. '1
B Comply with applicable requirements specified in other Technical Specifications.
1. Maintain and operate Temporary Facilities and systems to assure continuous fl
service.
Barry Rose 01500- 1 of 9 fl
C CITY OF PEARLAND
TEMPORARY FACILITIES AND CONTROLS
E2._ Modify and extend systems as Work progress requires.
3. Completely remove temporary materials and equipment when their use is no
longer required.
7 4. Restore existing,facilities used for temporary services to specified or to
condition.
1.05 TEMPORARY UTILITIES
7
A Temporary Service
Make arrangements with utility service companies for temporary services.
2. Abide by rules and regulations of the utility service companies or authorities
having jurisdiction.
7 3. Be responsible for utility service costs until the Work is Substantially
Complete. Included-are fuel, power, light, heat, and other utility services
7 necessary for execution,completion,testing,and initial operation of the Work.
B Water
[" 1. Provide water required for and in connection with Work to be performed and
for specified tests of piping, equipment, devices, or for other use as required
for proper completion of the Work.
E2. For water to be drawn from public fire hydrants, obtain special permit or
- license and meter from the proper City officials. A deposit based on rates
established by latest ordinance will be required.Install backflow preventor on
7 D fire hydrant supply.
3. Provide and maintain an adequate supply of potable water for domestic
consumption by Contractor personnel.
7 C Electricityand Lighting
� g
1. Provide electric power service as required for the Work, including testing of
7 Work. Provide power for lighting,operation of the Contractor's equipment,or
for any other use by Contractor.
2. Electric power service includes temporary power service or generator to
C maintain plant operations during any scheduled shutdown.
3. Minimum lighting level shall be 5 foot-candles for open areas; 10-foot-candles
for stairs and shops.
7
D Temporary Heat and Ventilation
1. Provide temporary heat as necessary for protection or completion of the Work.
7 2. Provide temporary heat and ventilation to assure safe working conditions;
maintain enclosed areas at a,minimum of 50 degrees F.
7 E . Telephone
1. Provide emergency telephone service at the Project Site for use by Contractor
7 personnel and others performing work or furnishing services.
'1 F Sanitary Facilities
J 1. To provide and maintain sanitary facilities for persons on the Project Site,
L
comply with the regulations of State and Local agencies.
Barry Rose 01500-2 of 9
r
CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS
fl
2. Enforce the use of sanitary facilities by construction personnel at the Project
Site. Such facilities shall be enclosed. Pit-type toilets will not be permitted.
No discharge will be allowed from these facilities. Collect and store sewage
and waste so as not to cause a nuisance or health problem; have sewage and 1
waste hauled off-site and properly disposed in accordance with local
regulations.
3. Locate toilets on the Project Site near the work and secluded from view insofar
as possible. Keep toilets clean and supplied throughout the course of the
Work.
1.06 FIELD OFFICE JJ
A Provision of a Field Office is optional unless required by Section 01100—Summary of
Work. If the Contractor chooses to provide one, locate it in a place approved by the
Engineer. r�
1.07 STORAGE OF MATERIALS
F]
A Provide adequately ventilated, watertight storage facilities with floor above ground
level for materials and equipment susceptible to weather damage.
7
B Storage of materials not susceptible to weather damage may be on blocks off the
ground.
C Store materials in a neat and orderly manner. Place materials and equipment to permit
easy access for identification, inspection and inventory.
1.08 SAFETY REQUIREMENTS
A Contractor shall prepare, submit and follow a Safety Program that complies with 'l
Federal, State, and Local safety codes, statutes, and practices. Include in the Safety
Program documented response to excavation, embankment, and trench safety
requirements as specified in Section 01570 -Trench Safety System.
B Conduct operations in strict accord with applicable Federal, State and Local safety
codes and statutes and with good construction practice. The Contractor is fully fl
responsible and obligated to establish and maintain procedures for safety of all work,
personnel and equipment involved in the Work.
C Observe and comply with Texas Occupational Safety Act (Art. 5182a, V.C.S.) and
with all safety and health standards promulgated by Secretary of Labor under Section
107 of Contract Work Hours and Standards Act,published in OSHA Standards - 29
CFR, Part 1926, and adopted by Secretary of Labor under the Williams-Steiger
Occupational Safety and Health Act of 1970, and to any other legislation enacted for
safety and health of Contractor employees. Such safety and health standards apply to
subcontractors and their employees as well as to the Contractor and its employees.
D Observance of and compliance with the regulations shall be solely and without fl
qualification the responsibility of the Contractor without reliance or superintendence of
Barry Rose 01500-3 of 9
I
CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS
7.1
or direction by the Engineer or the Engineer's representative. Immediately advise the
J Engineer of investigation or inspection by Federal Safety and Health inspectors of the
[,.. Contractor or subcontractor's work or place of work on the Project Site under this
Contract,and after such investigation or inspection,advise the Engineer of the results.
Submit one copy of accident reports to Engineer within ten(10) days of occurrence.
7 E Protect areas occupied by workmen using the best available devices for detection of
lethal and combustible gases. Test such devices frequently to assure their functional
II" capability. Constantly observe infiltration of liquids into the Work area for visual or
odor evidence of contamination. Take immediate and appropriate steps to seal off
entry of contaminated liquids to the Work area.
7F Safety measures, including but not limited to safety personnel, first-aid equipment,
ventilating equipment and safety equipment,in the Plans and Technical Specifications
7 are obligations of the Contractor.
G Maintain required coordination with the local Police and Fire Departments during the
7 entire period covered by the Contract.
1.09 FIRST AID EQUIPMENT
F.
L A Provide a first aid kit throughout the construction period. List telephone numbers for
physicians,hospitals, and ambulance services in each first aid kit.
7l
La� B Have at least one person thoroughly trained in first aid procedures present on the
Project Site whenever work is in progress.
7 1.10 FIRE PROTECTION
7 A Fire Protection Standards.
L 1. Conform to specified fire protection and prevention requirements as well as
those which may be established by Federal, State, or local governmental
r agencies.
L
2. Comply with all applicable provisions of NFPA Standard No. 241,
Safeguarding Building Construction and Demolition Operations.
fl3. Provide portable fire extinguishers,rated not less than 2A or 5B in accordance
with NFPA Standard No. 10,Portable Fire Extinguishers, for each temporary
building, and for every 3000 square feet of floor area of facilities under
7construction.
4. Locate portable fire extinguishers within 50 feet maximum from any point on
the Project Site.
pm
B Fire Prevention and Safety Measures.
1. Prohibit smoking in hazardous areas. Post suitable warning signs in areas
7 which are continuously or intermittently hazardous.
2. Use metal safety containers for storage and handling of flammable and
if-4" j combustible liquids.
3. Do not store flammable or combustible liquids in or near stairways or exits.
4. Maintain clear exits from all points within a structure.
7 Barry Rose 01500-4 of 9
CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS
1.11 SECURITY MEASURES
A Protect all materials, equipment, and property associated with the Work from loss,
theft,damage,and vandalism. Contractor's duty to protect property includes Owner's
property.
B If existing fencing or barriers are breached or removed for purposes of construction,
provide and maintain temporary security fencing equal to existing.
i
1.12 PROTECTION OF PUBLIC UTILITIES
A Prevent damage to existing public utilities during construction. These utilities are
shown on the Plans at their approximate locations. Give owners of these utilities at
least 48 hours notice before commencing Work in the area, for locating the utilities
during construction,and for making adjustments or relocation of the utilities when they "l
conflict with the proposed Work.
1.13 PROTECTION OF THE WORK AND PROPERTY
A Preventive Actions.
1. Take precautions,provide programs, and take actions necessary to protect the fl
Work and public and private property from damage.
2. Take action to prevent damage,injury or loss,including,but not limited to,the
following:
a. Store apparatus,materials,supplies, and equipment in an orderly,safe
manner that will not unduly interfere with progress of the Work or the
Work of any other contractor, any utility service company, or the fl
Owner's operations.
b. Provide suitable storage for materials which are subject to damage by
exposure to weather, theft,breakage, or otherwise.
c. Place upon the Work or any part thereof only such loads as are
consistent with the safety of that portion of the Work.
d. Frequently clean up refuse,rubbish,scrap materials,and debris caused
by construction operations,keeping the Work safe and orderly.
e. Provide safe barricades and guard rails around openings, for
scaffolding, for temporary stairs and ramps, around excavations,
elevated walkways, and other hazardous areas.
3. Obtain written consent from proper parties before entering or occupying with
workers, tools, materials or equipment, privately-owned land except on
easements provided for construction.
4. Assume full responsibility for the preservation of public and private property
on or adjacent to the site. If any direct or indirect damage is done by or on !.
account of any act,omission,neglect,or misconduct in execution of the Work
by the Contractor,it shall be restored by the Contractor to a condition equal to fl
or better than that existing before the damage was done.
B Barricades and Warning Signals.
BarryRose
01500-5 of 9
CITY OF PEARLAND TEMPO
RARY FACILITIES AND CONTROLS
1. Where Work is performed on or adjacent to any roadway, right-of-way, or
public place, furnish and erect barricades, fences, lights, warning signs, and
danger signals;provide watchmen; and take other precautionary measures for
the protection of persons or property and protection of the Work. Conform to
Section 01555 -.Traffic Control and Regulation.
C Tree and Plant Protection.
1. Conform to requirements of Section 01563 -Tree and Plant Protection.
L D Protection of Existing Structures
1. Underground Structures:
a. Underground structures are defined to include, but not be limited to,
sewer,water,gas,and other piping,and manholes,chambers,electrical
and signal conduits,tunnels,and other existing subsurface installations
m"' located within or adjacent to the limits of the Work.
b. Known underground structures, including water, sewer, electric, and
telephone services are shown on the Plans in accordance with the best
i" information available,but is not guaranteed to be correct or complete.
Contractor is responsible for making Locate Calls.
c. Explore ahead of trenching and excavation work and uncover
obstructing underground structures sufficiently to determine their
location, to prevent damage to them and to prevent interruption of
utility services. Restore to original condition damages to underground
Dstructure at no.additional cost to the Owner.
d. Necessary changes in location of the Work may be made by the
Engineer to avoid unanticipated underground structures.
e. If permanent relocation of an underground structure or other subsurface
installations is required and not otherwise provided for in the Contract
Documents,the Engineer will direct Contractor in writing to perform
the Work,which shall be paid for under the provisions for changes in
the Contract Price as described in Section 00700-General Conditions
of Agreement.
2. Surface Structures:
a. Surface structures are defined as existing buildings, structures and
other constructed installations above the ground surface. Included with
L ' such structures are their foundations or any extension below the
surface. Surface structures include, but are not limited to buildings,
7,1" tanks, walls, bridges, roads, dams, channels, open drainage, piping,
p g E
poles,wires,posts,signs,markers,curbs,walks,guard cables,fencing,
and other facilities that are visible above the ground surface.
3. Protection of Underground and Surface Structures:
a. Support in place and protect from direct or indirect injury to
underground and surface structures located within or adjacent to the
limits of the Work. Install such supports carefully and as required by
• the party owning or controlling such structure. Before installing
a structure supports, Contractor shall satisfy the Engineer that the
methods and procedures to be used have been approved by the owner
of the structure.
Barry Rose 01500-6 of 9
1
CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS
b. Avoid moving or in any way changing the property of public utilities or 1__
') private service corporations without prior written consent of a
responsible official of that service or public utility. Representatives of
these utilities reserve the right to enter within the limits of this project
for the purpose of maintaining their properties, or of making such
changes or repairs to their property that may be considered necessary `l
by performance of this Contract.
c. Notify the owners and/or operators of utilities and pipelines of the
nature of construction operations to be performed and the date or dates
on which those operations will be performed. When construction
operations are required in the immediate vicinity of existing structures,
pipelines,or utilities,give a minimum of five(5)working days advance
notice. Probe and flag the location of underground utilities prior to
commencement of excavation. Keep flags in place until construction
operations reach and uncover the utility.
d. Assume risks attending the presence or proximity of underground and
surface structures within or adjacent to the limits to the Work including
but not limited to damage and expense for direct or indirect injury
caused by the Work to any structure. Immediately repair damage
caused, to the satisfaction of the owner of the damaged structure.
E Protection of Installed Products.
1. Provide protection of installed products to prevent damage from subsequentrl
operations. Remove protection facilities when no longer needed, prior to .
completion of the Work.
2. Control traffic to prevent damage to equipment, materials, and surfaces.
1.14 ROADS AND PARKING
r
A Prevent interference with traffic and Owner operations on existing roads.
B Designate temporary parking areas to accommodate construction personnel. When site
space is not adequate, provide additional off-site parking. Locate as approved by
Engineer.
n
C Minimize use by construction traffic of existing streets and driveways. 1
D Do not allow heavy vehicles or construction equipment unnecessarily in existing
parking areas.
1.15 ENVIRONMENTAL CONTROLS fl
A Provide and maintain methods, equipment, and temporary construction as necessary
for controls over environmental conditions at the construction site and adjacent areas.
ll B Comply with statutes,regulations,and ordinances which relate to the proposed Work
__J for the prevention of environmental pollution and preservation of natural resources, .
including but not limited to the National Environmental Policy Act of 1969, PL
91-190, Executive Order 11514.
Barry Rose 01500-7 of 9 fl
CITY OF PEARLAND
TEMPORARY FACILITIES AND CONTROLS
C Recognize and adhere to the environmental requirements of the Project. Disturbed
areas shall be strictly limited to boundaries established by the Contract Documents.
rm Particularly avoid pollution of"on-site"streams,sewers,wells,or other water sources.
L.
D Burning of rubbish, debris or waste materials is not permitted.
1.16 POLLUTION CONTROL
A Provide methods,means,and facilities required to prevent contamination of soil,water
or atmosphere by discharge of noxious substances from construction operations.
B Provide equipment and personnel to perform emergency measures required to contain
any spillage,and to remove contaminated soils or liquids. Excavate and dispose of any
contaminated earth off-site, and replace with suitable compacted fill and topsoil.
C Take special measures to prevent harmful substances.from entering public waters.
L.
Prevent disposal of wastes, effluents, chemicals,or other such substances adjacent to '
streams, or in sanitary or storm sewers.
D Provide systems for control of atmospheric pollutants.
1. Prevent toxic concentrations of chemicals.
2. Prevent harmful dispersal of pollutants into the atmosphere.
E Use equipment during construction that conforms to current Federal,State,and Local
Dlaws and regulations.
1.17 PEST AND RODENT CONTROL
A Provide rodent and pest control as necessary to prevent infestation of Project Site.
B Employ methods and use materials which will not adversely affect conditions at the
Project Site or adjoining properties.
1.18 NOISE CONTROL
A Provide vehicles, equipment, and construction activities that minimize noise to the
greatest degree practicable. Noise levels shall conform to OSHA Standards-29 CFR
and in no case will noise levels be permitted which create a nuisance in the
surrounding neighborhoods.
B Conduct construction operations during daylight hours from 7:30 a.m. to 6:00 p.m.
except as approved by Engineer.
C Comply p with Chapter 19 NOISE, Codes of Ordinances, Cityof Pearland, Texas.
rm 1.19 DUST CONTROL
A Control objectionable dust caused by operation of vehicles and equipment. Apply
water or use other methods,subject to approval of the Engineer,which will control the
amount of dust generated.
Barry Rose 01500-8 of 9
i
CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS
1.20 WATER RUNOFF AND EROSION CONTROL 9
A Provide methods to control surface water,runoff,subsurface water,and water pumped
from excavations and structures to prevent damage to the Work, the Project Site, or 1
adjoining properties.
B Control fill,grading and ditching to direct water away from excavations,pits,and other
construction areas;and to direct drainage to proper runoff courses so as to prevent any
erosion, sedimentation or damage.
C Provide, operate, and maintain equipment and facilities of adequate size to control
surface water.
D Dispose of drainage water in a manner to prevent flooding,erosion,or other damage to
any portion of the Project Site or to adjoining areas and in conformance with 1-7
environmental requirements.
E Retain existing drainage patterns external to the construction site by constructing
temporary earth berms, sedimentation basins, retaining areas, and temporary ground
cover as needed to control conditions.
F Plan and execute construction and earth work by methods to control surface drainage
from cuts and fills, and from borrow and waste disposal areas,to prevent erosion and
sedimentation.
1. Keep to a minimum the area of bare soil exposed at one time. _
2. Provide temporary control measures, such as berms, dikes, and drains.
fl
G Construct fills and waste areas by selective placement to eliminate surface silts or clays
which will erode.
b
H Inspect earthwork periodically to detect any evidence of the start of erosion. Apply
corrective measures as required to control erosion.
2.0 PRODUCTS -NotUsed
3.0 EXECUTION-NotUsed
END OF SECTION
f
Barry Rose 01500-9 of 9
CITY OF PEARLAND
MOBILIZATION
ESection 01505
MOBILIZATION
1.0 GENERAL
1.01 SECTION INCLUDES
A Mobilization of construction equipment and facilities onto the Work.
71- 1.02 MEASUREMENT AND PAYMENT
A Measurement for Mobilization is on a Lump Sum basis. Include 50 percent of the cost
of Mobilization in the first monthly Application for Payment.
B 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)
per+ 4. Pre-construction Photographs (Section 01380—Construction Photographs)
C Payment of the remaining 50 percent of the Contract Price for Mobilization is subject
to completion of a minimum of 5 percent of the Work, excluding the Mobilization.
D Mobilization payments will be subject to Retainage as stipulated in Section 00700-
General Conditions of Agreement.
2.0 PRODUCTS -NotUsed
3.0 EXECUTION-NotUsed
END OF SECTION
L+
4
L
Barry.Rose 01505- 1of1
CITY OF PEARLAND STABILIZED CONSTRUCTION EXITS
Section 01550
STABILIZED CONSTRUCTION EXITS
1.0 GENERAL
1.01 SECTION INCLUDES
A Installation of erosion and sediment control for Stabilized Construction Exits used
during construction and until final development of the Project Site.
B References to Technical Specifications:
1. Section 01350—Submittals
2. Section 01562—Waste Material Disposal
3. Section 01566—Source Controls for Erosion and Sedimentation
C Referenced Standards:
1. American Society of Testing and Materials (ASTM)
a. ASTM D 4632, "Standard Test Method for Grab Breaking Load and
Elongation of Geotextiles"
1.02 MEASUREMENT AND PAYMENT
A Unless indicated in Section 00300 -Bid Proposal 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.
1.03 SUBMITTALS
A Make Submittals required in this Section under the provisions of Section 01350 —
Submittals. r',
B Manufacturer's catalog sheets and other product data on Geotextile fabric.
C Sieve analysis of aggregates conforming to requirements in this Section,2.02,"Course
Aggregates".
2.0 PRODUCTS 7
2.01 GEOTEXTILE FABRIC
A Provide woven or non-woven Geotextile fabric made of either polypropylene,
polyethylene, ethylene, or polyamide material.
B By ASTM-D4632, Geotextile fabric shall have a minimum grab strength of 270 psi
any principal direction, and the equivalent opening size between 50 and 140.
C Both the Geotextile and threads shall be resistant to chemical attack,mildew, and rot
and shall contain ultraviolet ray inhibitors and stabilizers to provide a minimum of 6
months of expected usable life at a temperature range of 0°F to 120°F.
Barry Rose 01550- 1 of 4 I
CITY OF PEARLAND STABILIZED CONSTRUCTION EXITS
D Representative Manufacturers: Mirafi, Inc., Or-Equal.
T
r 2.02 COARSE AGGREGATES
k
A Coarse aggregate shall consist of crushed stone,gravel,concrete,crushed blast furnace
slag,or a combination of these materials. Aggregate shall be composed of clean,hard,
durable materials free from adherent coatings,salt,alkali,dirt,clay,loam,shale,soft or
L
flaky materials, or organic and injurious matter.
L B Course aggregates shall conform to the.following gradation requirements.
Lam'
Sieve Size Percent Retained
(Square Mesh) (by Weight)
21/2" 0
2" 0-20
11/2" 15 -50
3/a" 60—80
No. 4 95 - 100
3.0 EXECUTION
a
L
3.01 PREPARATION AND INSTALLATION
A If necessary to keep the street clean of mud carried by construction vehicles and
equipment,Contractor shall provide:Stabilized Construction Exits at the construction,
staging,parking,storage,and disposal areas. Such erosion and sediment controls shall
L be constructed in accordance with the requirements shown on the Plans and specified
in this Section.
' B No clearing and grubbing or rough cutting shall be permitted until erosion and
sediment control systems are in place, other than as specifically directed by the
Engineer to allow soil testing and surveying.
C Maintain existing erosion and sediment control systems located within the Project Site
until acceptance of the Work or until directed by the Engineer to remove and discard
the existing system.
D Regularly inspect and repair or replace components of Stabilized Construction Exits.
Unless otherwise directed, maintain them until the Work is accepted by the Owner.
Remove Stabilized Construction Exits promptly when directed by the Engineer.
Discard removed materials in accordance with Section 01562 — Waste Material
Disposal.
E Remove sediment deposits and dispose of them at a designated spoil site. If a spoil
site is not designated on the Plans, dispose of sediment off site at a location not in or
adjacent to a stream or floodplain. Off-site disposal is the responsibility of the
Contractor. Sediment to be placed at the Project Site should be spread evenly
throughout the designated area, compacted and stabilized. Sediment shall not be
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CITY OF PEARLAND STABILIZED CONSTRUCTION EXITS
allowed to flush into a stream or drainage way. If sediment has been contaminated,it fl
shall be disposed of in accordance with existing federal, state, and local rules and
regulations.
F Equipment and vehicles shall be prohibited by the Contractor from maneuvering on
areas outside of dedicated rights-of-way and easements for construction. Damage
caused by construction traffic to erosion and sediment control systems shall be repaired
immediately.
G Conduct all construction operations under this Contract in conformance with the
erosion control practices described in the Section 01566-Source Controls for Erosion
and Sedimentation.
3.02 CONSTRUCTION METHODS
A Provide stabilized access roads, subdivision roads, parking areas, and other on-site
vehicle transportation routes where shown on Plans.
B Provide stabilized construction exits, and truck washing areas when approved by _
Engineer, of the sizes and locations where shown on Plans or as specified in this
Section. fl
C Vehicles leaving construction areas shall have their tires cleaned to remove sediment
prior to entrance onto public right-of-way. When washing is needed to remove ?1
sediment, Contractor shall construct a truck washing area. Truck washing shall be
done on stabilized areas which drain into a drainage system protected by erosion and
sediment control measures.
D Details for Stabilized Construction Exits are shown on the Plans. Construction of all
other stabilized areas shall be to the same requirements. Roadway width shall be at
least 14 feet for one-way traffic and 20 feet for two-way traffic and shall be sufficient
for all ingress and egress. Furnish and place geotextile fabric as a permeable separator
to prevent mixing of coarse aggregate with underlaying soil. Exposure of geotextile "l
fabric to the elements between laydown and cover shall be a maximum of 14 days to
minimize damage potential.
E Roads and parking areas shall be graded to provide sufficient drainage away from
stabilized areas. Use sandbags,gravel,boards,or similar methods to prevent sediment
from entering public right-of-way,receiving stream or storm water conveyance system.
F The stabilized areas shall be inspected and maintained daily. Provide periodic top
dressing with additional coarse aggregates to maintain the required depth. Repair and
clean out damaged control measures used to trap sediment. All sediment spilled,
dropped,washed, or tracked onto public right-of-way shall be removed immediately.
G The length of the stabilized area shall be as shown on the Plans,but not less than 50
feet. The thickness shall not be less than 8 inches. The width shall not be less than
full width of all points of ingress or egress.
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CITY OF PEARLAND STABILIZED CONSTRUCTION EXITS
H Stabilization for other areas shall have the same coarse aggregate,thickness,and width
requirements as the stabilized construction exit,except where shown otherwise on the
Plans.
I Stabilized area may be widened or lengthened to accommodate truck washing area
when authorized by Engineer.
J Alternative methods of construction may be utilized when shown on Plans,or when
approved by the.Engineer. These methods include the following:
L 1. Cement-Stabilized Soil, Compacted cement-stabilized soil or other fill
material in an application thickness of at least 8 inches.
2. Wood Mats/Mud Mats -Oak or other hardwood timbers placed edge-to-
edge and across support wooden beams which are placed on top of existing
soil in an application thickness of at least 6 inches.
?''e` 3. Steel Mats -Perforated mats placed across perpendicular support members.
END OF SECTION
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CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION
Section 01555
TRAFFIC CONTROL AND REGULATION
1.0 GENERAL
1.01 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 of Flaggers.
C References to Technical Specifications:
1. Section 01350—Submittals '1
D Referenced Standards:
1. Texas Manual on Uniform Traffic Control Devices (Texas MUTCD) r
1.02 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. 4-7
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.
1.03 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 Submit monthly a daily log for Flaggers listing name,badge number,time start,time
finish, and hours worked.
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1.04 FLAGGERS
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CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION
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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 vehicular traffic
r" lanes and walks.
L 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 vehicular traffic
around the work site.
C The use of Flaggers is for the purpose of assisting in the regulation of traffic flow and
movement, and does not in any way relieve the contractor of full responsibility for
taking such other steps and provide such other Flaggers or personnel as the Contractor
may deem necessary to,protect the work and the public, and does not in any way
relieve the Contractor of his responsibility for any damage for which he would
otherwise be liable.
Flaggers shall be used and maintained at such points for such periods of time as
may be required to provide for the public safety and convenience of travel.
r 2.0 PRODUCTS
2.01 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
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3.01 PUBLIC ROADS
A Abide by laws and regulations of governing authorities when using public roads. If the
Contractor's work requires that public roads be temporarily impeded or closed,
approvals shall be obtained from governing authorities and permits paid for before
starting any work. Coordinate activities with the Engineer.
B Contractor shall maintain at all times a 10-foot-wide all-weather lane adjacent to work
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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.
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.
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CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION
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D Contractor shall maintain local driveway access to residential and commercial
properties adjacent to work areas at all times.
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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.
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F Control vehicular parking to prevent interference with public traffic and parking, and
access by emergency vehicles.
G Monitor parking of construction personnel's vehicles in existing facilities. Maintain
vehicular access to and through parking areas.
H Prevent parking on or adjacent to access roads or in non-designated areas. _
3.02 FLARES AND LIGHTS r'+
A Provide flares and lights during hours of low visibility to delineate traffic lanes and to
guide traffic. F
3.03 HAUL ROUTES
A Utilize haul routes designated by authorities 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.
3.04 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.
3.05 BRIDGING TRENCHES AND EXCAVATIONS -,
A Whenever necessary,bridge trenches and excavation to permit anunobstructed flow of
traffic. 'H
B Secure bridging against displacement by using adjustable cleats,angles,bolts or other
devices whenever bridge is installed: ,.
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CITY OF PEARL AND
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1. On an existing bus route;
) 2. When more than five percent of daily traffic is comprised of commercial or
E 3. truck traffic;
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.
Adequately shore the trench or excavation to support bridge and traffic.
E Extend steel plates used for bridging a minimum of one foot beyond edges of trench or
excavation. Use temporary paving materials (premix) to feather edges of plates to
minimize wheel impact on secured bridging.
F Use steel plates of sufficient thickness to support H-20 loading, truck or lane, that
produces maximum stress.
3.06 REMOVAL
A Remove equipment and devices when no longer required.
B Repair damage caused by installation.
_ C Remove post settings to a depth of 2 feet.
END OF SECTION
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CITY OF PEARLAND WASTE MATERIAL DISPOSAL
Section 01562
WASTE MATERIAL DISPOSAL
1.0 GENERAL
1.01 SECTION INCLUDES �{
A Disposal of waste material and salvageable material.
B References to Technical Specifications: fl
1. Section 01350 - Submittals
1.02 MEASUREMENT AND PAYMENT
A Unless indicated in Section 00300—Bid Proposal 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.
1.03 SUBMITTALS
A Make Submittals required by this Section under the provisions of Section 01350 —
Submittals.
_ll B Obtain and submit applicable permits for proposed disposal sites.
C Submit a copy of written permission from property owners,along with a description of
the property,prior to disposal of excess material adjacent to the Project Site. Submit a .�
written and signed release from property owner upon completion of disposal work.
City of Pearland requires individual fill placement permits for all fill placed within the
City limits.
2.0 PRODUCTS - Not Used
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3.0 EXECUTION
3.01 SALVAGEABLE MATERIAL
A Excavated material: When indicated on Plans, load, haul, and deposit excavated
material at a location or locations outside the limits of Project Site.
B Base, surface, and beddingmaterial: Deliver gravel, asphaltic, or other base and
surfacing material designated for salvage to the location designated by the Engineer.
C Pipe culvert: Deliver culverts designated for e area.salvage to Owner's storage g
D Other salvageable materials: Conform to requirements of individual Technical r'
Specifications.
E Coordinate delivery of salvageable material with Engineer.
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CITY OF PEARLAND WASTE MATERIAL DISPOSAL
3.02 EXCESS AND WASTE MATERIAL
A Vegetation,rubble,broken concrete,debris,asphaltic concrete pavement,excess soil,
and other materials not designated for salvage,shall become the property of Contractor
and shall be removed from the Project Site and legally disposed of.
B Excess soil may be deposited on private property adjacent to the Project Site when
written permission is obtained from property owner. Refer to this Section, 1.03C.
C Verify the flood plain status of any proposed disposal site. Do not dispose of
excavated materials in an area designated as within the 100-year Flood Hazard Area.
D Waste materials shall be removed from the site on a daily basis, such that the site is
maintained in a neat and orderly condition.
E No materials shall be disposed in a manner to damage the Owner in any way.
END OF SECTION
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CITY OF PEARLAND TREE AND PLANT PROTECTION -
Section 01563 _)
TREE AND PLANT PROTECTION
1.0 GENERAL
1.01 SECTION INCLUDES r't
A Tree and plant protection.
B References to Technical Specifications: None
1.02 MEASUREMENT AND PAYMENT
A Unless indicated in Section 00300 -Bid Proposal as a Bid Item,no separate payment
will be made for Work performed under this Section. Include cost in Bid Items for ,.f
which this Work is a component.
1.03 PROJECT CONDITIONS
A Preserve and protect existing trees and plants to remain from foliage,branch,trunk,or
root damage that could result from construction operations.
B Prevent following types of damage:
1. Compaction of root zone by foot or vehicular traffic, or material storage.
2. Trunk damage from equipment operations,material storage,or from nailing or
bolting. -
3. Trunk and branch damage caused by ropes or guy wires or machine impacts.
4. Root poisoning from spilled solvents, gasoline, paint, and other noxious
materials.
5. Branch damage due to improper pruning or trimming. fl
6. Damage from lack of water due to:
a. Cutting or altering natural water migration patterns near root zones.
b. Failure to provide adequate watering.
7. Damage from alteration of soil pH factor caused by depositing lime,concrete, --
plaster, or other base materials near roots.
8. Cutting feeder of roots or roots larger than 1-1/2 inches in diameter. `l
1.04 DAMAGE ASSESSMENT
A When trees, other than those designated for removal,are destroyed or badly damaged
as a result of construction operations,remove and replace with same size,species,and
variety up to and including 8 inches in trunk diameter. Trees larger than 8 inches in
diameter shall be replaced with an 8-inch diameter tree of the same species and variety -
and total contract amount will be reduced by an amount deteiuuned from the following
International Shade Tree Conference formula: 0.7854 x D2 x $10.00 where D is
diameter in inches of tree or shrub trunk measured 12 inches above grade.
B All necessary tree replacements shall be as approved by Engineer/Urban Forester. r1
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CITY OF PEARLAND
TREE AND PLANT PROTECTION
2.0 PRODUCTS
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2.01 MATERIALS
A Asphalt
p It paint: Emulsified asphalt or other adhesive, elastic, antiseptic coating
formulated for horticultural use on cut or injured plant tissue, free from kerosene and
coal creosote.
B Burlap: Suitable for use as tree wrapping.
C Fertilizer: Liquid containing 20 percent nitrogen, 10 percent phosphorus, and 5
percent potash.
3.0 EXECUTION
3.01 PROTECTION AND MAINTENANCE OF EXISTING TREES AND SHRUBS
A Except for trees and shrubs shown on Plans to be removed,all trees and shrubs within
the Project Site area are to remain and be protected from damage.
B For designated trees to be removed,perform the following:
1. Stake right-of-way limits and identify any tree of diameter greater than 4 inches
which is to be removed. Mark trees prior to felling with an X in orange paint,
}� clearly visible, on the trunk, and at eye level.
L'D 2. After marking trees give a minimum of 48-hours notice in writing to the
Engineer of intent to begin felling operations.
3. Trees whose trunks are only partially in the right-of-way shall be protected and
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preserved as described below.
C For trees or shrubs to remain,perform the following:
1. Trim trees and shrubs only as necessary.
a. Trees and shrubs requiring pruning for construction should also be
pruned for balance as well as to maintain proper form and branching
habit.
b. Cut limbs at branch collar. No stubs should remain on trees. Branch
cuts should not gouge outer layer of tree structure or trunk.
2. Use extreme care to prevent excessive damage to root systems.
a. Roots in construction areas will be cut smoothly with a trencher before
excavation begins. Do not allow ripping of roots with a backhoe or
other equipment.
b. Temporarily cover exposed roots with wet burlap to prevent roots from
drying out. Cover exposed roots with soil as soon as possible.
3. Prevent damage or compaction of root zone by construction activities.
a. Do not allow scarring of trunks or limbs by equipment or other means.
rb. Do not store construction materials, vehicles, or excavated material
inside dripline of trees.
c. Do not pour liquid materials inside dripline.
4. Water and fertilize trees and shrubs that will remain to maintain their health
during construction period.
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CITY OF PEARLAND TREE AND PLANT PROTECTION
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a. Supplemental watering of landscaping during construction should be
} done once a week in months receiving average rainfall and twice a
week in months receiving below average rainfall. fl
b. This watering shall consist of saturating soils at least 6 to 8 inches _
beneath surface.
5. Water areas currently being served by private sprinkler systems while systems
are temporarily taken out of service to maintain health of existing landscapes.
6. At option of the Contractor and with the Engineer's permission, trees and
shrubs to remain may be temporarily transplanted and returned to original
positions under supervision of professional horticulturist.
3.02 PROTECTION fl
A Protection of trees or shrubs in open area:
1. Install steel drive-in fence posts in protective circle, approximately 8 feet on fl
center,not closer than 4 feet to trunk of trees or stems of shrubs.
2. Drive steel drive-in fence posts 3 feet minimum into ground, leaving 5 feet
minimum above ground.
3. For trees or shrubs in paved areas, use moveable posts constructed from
concrete-filled steel pipe 2-1/2 inches minimum in diameter mounted in rubber
auto tires filled with concrete.
4. Mount steel hog-wire on posts.
B Timber wrap protection for trees in close proximity of moving or mechanical
equipment and construction work:
1. Wrap trunk with layer of burlap.
2. Install 2 x 4's or 2 x 6's(5-foot to 6-foot lengths)vertically, spaced 3 inches to
5 inches apart around circumference of tree trunk.
3. Tie in place with 12 to 9 gage steel wire.
3.03 MAINTENANCE OF NEWLY PLANTED TREES
A Water trees during dry periods. �I
B The Contractor guarantees that trees planted for this Work shall remain alive and
healthy at least until the end of a one-year warranty period.
1. Within four weeks of notice from Owner, Contractor shall replace, at his
expense,any dead trees or any trees that in the opinion of Owner,have become
unhealthy or unsightly or have lost their natural shape as a result of additional
growth, improper pruning or maintenance, or weather conditions.
2. When tree must be replaced, the guarantee period for that tree shall begin on '1
date of replacement of tree, subject to the Owner's inspection,for no less than
one year.
3. Straighten leaning trees and bear entire cost.
4. Dispose of trees rejected at any time by Engineer at Contractor's expense.
END OF SECTION fl
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CIT
Y OF PEARLAND MATERIAL AND EQUIPMENT
Section 01600
-� MATERIAL AND EQUIPMENT
' 1.0 GENERAL
1.01 SECTION INCLUDES
A Requirements for transportation, delivery, handling,.and storage of materials and
equipment.
B References to Technical Specifications: None
C
1.02 MEASUREMENT AND PAYMENT
A Unless indicated in Section 00300—Bid Proposal 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.
1.03 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
rip 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.
1.04 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.
1.05 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.
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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 handling products.
4. Owner's use of premises.
C Have products delivered to the Project Site in manufacturer's original, unopened,
labeled containers. fl
D Immediately upon delivery, inspect shipment to assure:
1. Product complies with requirements of Contract Documents. f
2. Quantities are correct.
3. Containers and packages are intact; labels are legible.
4. Products are properly protected and undamaged.
1.06 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. j
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.
1.07 STORAGE OF MATERIAL
A Store and protect materials in accordance with manufacturer's recommendations and
requirements of these Technical Specifications.
B Make necessary provisions for safe storage of materials and equipment. Place loose
soil materials,and materials to be incorporated into the Work to prevent damage to any
part of the Work or existing facilities and to maintain free access at all times to all fl
parts of the Work and to utility service company installations in the vicinity of the
Work. Keep materials and equipment neatly and compactly stored in locations that
will cause a minimum of inconvenience to other contractors,public travel, adjoining ' 1
Barry Rose 01600-2 of 3
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CITY OF PEARLAND
MATERIAL AND EQUIPMENT
owners, tenants, and occupants. Arrange storage in a manner to provide easy access
for inspection.
C Restrict storage to areas available on the construction site for storage of material and
equipment as shown on Plans or approved by the Project Manager.
D Provide off-site storage and protection when on-site storage is not adequate.
Do not use lawns, grass plots, or other private property for storage purposes without
written permission of the owner or other person in possession or control of such
premises.
F Protect stored materials and equipment against loss or damage.
G Store in manufacturers'unopened containers.
H Materials delivered and stored along the line of the Work shall be neatly, safely, and
[14 compactly stacked along the work site in such• manner as to cause the least
inconvenience and damage to property owners and the general public,and shall be not
closer than 3 feet to any fire hydrant. Public and private drives and street crossings
shall be kept open.
I Damage to lawns, sidewalks, streets or other improvements shall be repaired or
replaced to the satisfaction of the Project Manager. The total length which materials
Dmay 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
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CITY OF PEARLAND PRODUCT OPTIONS AND SUBSTITUTIONS
Section 01630
PRODUCT OPTIONS AND SUBSTITUTIONS
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1.0 GENERAL
1.01 SECTION INCLUDES ri
A Options for making product or process selections.
B Procedures for proposing equivalent construction products or processes,including pre- fl
approved, and approved products or processes
C References to Technical Specifications: 1
1. Section 01350—Submittals
1.02 SUBMITTALS
A Make Submittals required by this and related Sections under the provisions of Section ,
01350—Submittals
1.03 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.
1.04 SELECTION OPTIONS
A Pre-approved Products: Products of certain manufacturers or suppliers are designated fl
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 n
Technical Specifications followed by the words "or approved equal". Approval of P
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. fl
1.05 CONTRACTOR'S RESPONSIBILITY
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CITY OF PEARLAND PRODUCT OPTIONS AND SUBSTITUTIONS
A Furnish information the Engineer deems necessary to judge equivalency of the
7f____„,
alternate product.
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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
f'�' judgment.
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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.
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1.06 ENGINEER'S REVIEW
7 - 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.
L' 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.
t 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.
C1.07 SUBSTITUTION PROCEDURE
A Collect and assemble technical information applicable to the proposed product to aid in
[ID 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
7 with the product information within fourteen(14)days after the Effective Date of the
Agreement.
7 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.
7
D Submit 5 copies of each request for alternate product approval. Include the following
information:
7 1. Complete data substantiating compliance of proposed substitution with
Contract Documents.
2. For products:
7
a. Product identification, including manufacturer's name and address.
.b. Manufacturer's literature with product description, performance and
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test data, and reference standards.
c. Samples, as applicable.
d. Name and address of similar projects on which product was used and
date of installation. Include the name of the Owner,
7 Architect/Engineer, and installing contractor.
r 3. For construction methods:
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CITY OF PEARLAND PRODUCT OPTIONS AND SUBSTITUTIONS
a. Detailed description of proposed method.
b. Drawings illustrating methods.
4. Itemized comparison of proposed substitution with product or method
specified.
5. Data relating to changes in Construction Schedule
6. 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 - Not Used
3.0 EXECUTION - NotUsed -
END OF SECTION
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Barry Rose 01630-3 of 3 I
CITY OF PEARL AND FIELD SURVEYING
Section 01720
FIELD SURVEYING
1.0 GENERAL
1.01 SECTION INCLUDES
A Requirements for surveyors and surveys.
B Procedures pertaining to survey control points and reference points.
C References to Technical Specifications:.
1. Section 01350—.Submittals
2. Section 01760—Project Record Documents
[b 1.02 MEASUREMENT AND PAYMENT
A Unless indicated in Section 00300-Bid Proposal 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.
1.03 QUALITY CONTROL
A, Conform to State of Texas laws for surveys requiring licensed surveyors. Employ a
land surveyor acceptable.to Engineer.
1.04 SUBMITTALS
A Make Submittals required bythis Section under the provisions of Section 01350 —
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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.
1.05 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.
1.06 EXAMINATION
A Verify locations of survey control points prior to starting Work.
} B Notify Engineer immediately of any discrepancies discovered.
1.07 SURVEY REFERENCE POINTS
Barry Rose 01720- 1 of 2
CITY OF PEARLAND FIELD SURVEYING
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 Ycorners,prior to starting
site work;preserve permanent reference points during construction.
C Notify Engineer 48 hours in advance of need for relocation of reference points due to
changes in grades or other reasons.
D Report promptly to Engineer the loss or destruction of any reference point.
E Contractor shall reimburse Owner for cost of reestablishment of permanent reference
points disturbed by Contractor's operations.
1.08 SURVEY REQUIREMENTS
A Utilize recognized engineering survey practices.
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 and topsoil
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 Used1
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3.0 EXECUTION - NotUsed
END OF SECTION
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Barry Rose 01720-2 of 2
CITY OF PEARLAND
PROJECT RECORD DOCUMENTS
Section 01760
PROJECT RECORD DOCUMENTS
E1.0 GENERAL
r., 1.01 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
1.0
2 MEASUREMENT AND PAYMENT
11. A Unless indicated in Section 00300—Bid Proposal 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.
1.03 SUBM
ITTALS
A Make Submittals required by this and related Sections under the provisions of Section
01350—Submittals
[H) 1.04 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,printed letters.
D Maintain Record Documents in a clean,dry,and legible condition. Do not use Record
Documents for construction purposes.
E Keep Record Documents and Samples available for inspection by Engineer.
1.05 RECORDING
A Record information concurrently with construction progress. Do not conceal any work
until required information is recorded.
B Contract Drawings, Change Orders, and Shop Drawings: Legibly mark each item to
record all actual construction, or"as built" conditions, including:
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Barry Rose 01760- 1 of 2
L
CITY OF PEARLAND PROJECT RECORD DOCUMENTS
1. Measured horizontal locations and elevations of underground utilities and
appurtenances,referenced to permanent surface improvements.
2. Elevations of underground utilities referenced to bench marks utilized for "R?
the Work.
3. Field changes of dimension and detail.
4. Changes made by modifications.
5. Details not on original Plans. -
6. References to related Shop Drawings and Modifications.
C Record information with a red pen or pencil on a set of blue line opaque drawings,
provided by Engineer.
2.0 PRODUCTS - Not Used
3.0 EXECUTION
A Deliver Record Documents and Samples to Owner in accordance with Section 01770—
Contract Closeout.
END OF SECTION
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Barry Rose 01760-2 of 2
CITY OF PEARLAND
CONTRACT CLOSEOUT
Section 01770
CONTRACT CLOSEOUT
1.0 GENERAL
1.01 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
1.02 SUBMITTALS
A Make Submittals required bythis q and related Sections under the provisions of Section
01350—Submittals.
1.03 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
Cinspection.
B Provide Record Documents under provisions of Section 01760 — Project Record
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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 weeksprior to Final Acceptance.
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1.04 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.
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.
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1.05 OPERATION AND MAINTENANCE DATA
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Barry Rose 01770- 1 of 2
CITY OF PEARLAND CONTRACT CLOSEOUT
A Submit Operations and Maintenance data under provisions of Section 01350 -
Submittals.
1.06 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.
D Warranties shall commence in accordance with the requirements of Section 00700 -
General Conditions of Agreement, 1.09, "Substantial Completion". �}
2.0 PRODUCTS - NotUsed
3.0 EXECUTION - NotUsed I
END OF SECTION
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Barry Rose 01770-2 of 2
r CITY OF PEA
RLAND TECHNICAL SPECIFICATIONS DIVISION 2
7-)
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TECHNICAL SPECIFICATIONS
DIVISION 2
SITE WORK
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Barry Rose 02000- 1 of 1
CITY OF PEARLAND SITE PREPARATION
Section 02200
=� SITE PREPARATION
1.0 GENERAL
1.01 SECTION INCLUDES
A Removal of topsoil, stripping and stockpiling, clearing and grubbing.
B Removal and disposal of waste materials, excess materials, debris and trash. 1
C Removal of obstructions.
D Excavation and fill.
E Salvaging of designated item. 1
F References to Technical Specifications
1. Section 01200—Measurement and Payment Procedures
2. Section 01563 -Tree and Plant Protection
3. Section 02330—Embankment
4. Section 01562 - Waste Material Disposal
G Reference 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"
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1.02 MEASUREMENT AND PAYMENT
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A Unless indicated in Section 00300—Bid Proposal as a Bid Item,no separate payment a
will be made for Work performed under this Section. Include cost in Bid Items for
which this Work is a component.
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.
2.0 PRODUCTS
I
2.01 MATERIALS
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A Imported Fill: 1
1. Structural Fill: Sand,gravel,earth,or combination,which can be compacted to
form stable embankments and fills conforming to select borrow standards:
a. Liquid Limit: 45 maximum,ASTM -D4318.
b. Plasticity Index: 12 minimum, 20 maximum, ASTM -D4318.
c. Free from trash,vegetation,organic matter,large stones,hard lumps of
earth and frozen, corrosive or perishable material.
Barry Rose 02200- 1 of 4 fl
E
CITY OF PEARLAND SITE PREPARATION
d. Well broken up,free of clods,hard earth,rocks,and stones greater than
2-inch dimension.
2. General Fill: Sand, gravel, earth, or combination, which can be compacted to
form stable embankments and fills conforming to random fill standards:
a. Liquid Limit: 65 maximum,ASTM-D4318.
b. Plasticity Index: 0 minimum, 45 maximum, ASTM-D4318.
L c. Free from trash,vegetation,organic matter,large stones,hard lumps of
earth and frozen, corrosive or perishable material.
d. Well broken up,free of clods,hard earth,rocks,and stones greater than
2-inch dimension.
3.0 EXECUTION
3.01 PRESERVATION OF CONTROL POINTS
A Use caution to preserve survey staking,monuments and property corners.
p
EB 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).
C Any re-staking of lost,disturbed,or damaged control points will be provided byOwner
at Contractor's expense. -
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D Employ a Registered Public Land Surveyor to reset any missing,disturbed,or damaged
monumentation.
3.02 SITE CLEARING
A Protect trees and shrubs designated to remain in accordance with Section 01563-Tree
and Plant Protection.
B Protect utilities from damage.
C Topsoil Removal:
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.
6. Construct storage piles to freely drain surface water.
7. Cover storage piles, if required to prevent wind-blown dust.
8. At completion of Work,transport topsoil from stockpiles to designated areas
for spreading and final fine grading.
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Barry Rose 02200-2 of 4
CITY OF PEARLAND SITE PREPARATION
D Clearing and Grubbing.
1. Clear Project Site of trees, shrubs, and other vegetation, except for those
designated by Owner to be left standing.
2. Completely remove stumps,roots,and other debris protruding through ground
surface.
3. Use only hand methods for grubbing inside drip line of trees. fl
4. Fill depressions caused by clearing and grubbing operations with satisfactory
soil material,unless further excavation or earthwork is indicated.
5. Place fill material in horizontal layers not exceeding 6 inches loose depth,and
thoroughly compact to density equal to adjacent original ground.
6. 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.
7. On areas required for embankment construction, remove 2" diameter limbs,
stumps and roots to depth of 2 feet below ground surface.
8. Blade entire area to prevent ponding of water and to provide drainage,except
in areas to be immediately excavated.
9. 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 of embankment.
10. 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 preserve drainage of area.
3.03 UNSUITABLE MATERIAL H
A Undercut,remove, and replace material which Engineer designates as unsuitable for '�1
subsequent construction. _-!
B Material used to replace unsuitable material shall be suitable material from site
excavation or as specified in this Section, 2.01A"Imported Fill".
3.04 EXCAVATION AND FILL fl
A Depressed site areas shall be filled using material from high areas, insofar as
practicable. 7
B When fill obtained from high areas is exhausted, fill to indicated rough grade
elevations under roadways with material specified in this Section,2.01A1."Structural
Fill" and open areas not under structures or roadways with material specified in this
Section, 2.01A2. "General Fill".
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C Place and compact fill in accordance with Section 02330 -Embankment.
3.05 SALVAGEABLE ITEMS AND MATERIAL "I
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.
Barry Rose 02200-3 of 4
CITY OF PEARLAND SITE PREPARATION
3.06 DISPOSAL
A Remove and dispose of excess material and debris resulting from Work under this
Section in accordance with requirements of Section 01562-Waste Material Disposal.
END OF SECTION
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Barry Rose 02200-4 of 4
CITY OF PEARLAND SITE DEMOLITION
Section 02220
SITE DEMOLITION
1.0 GENERAL
1.01 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 Controls
, D
4. Section 01562 -Waste Material Disposal
5. Section 01100 - Summary of Work
1.02 MEASUREMENT AND PAYMENT
A Unless indicated in Section 00300-Bid Proposal 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 1
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.
4. Measurement for removing and disposing of concrete pavement is on a square
yard basis measured from back to back of curbs.
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Barry Rose 02220- 1 of 4
CITY OF PEARLAND SITE DEMOLITION
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 pipe removed.
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.
1.03 SUBMITTALS
A Make Submi
ttals ttals 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,sand removing temporary
EDutilities. 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.
1.04 TEMPORARY FACILITIES AND CONTROLS
A Perform Site Demolition in accordance with requirements of Section 01500 —
Temporary Facilities and Controls.
1.05 WASTE MATERIAL DISPOSAL
A Perform Site Demolition in accordance with requirements of Section 01562—Waste
Material Disposal.
1.06 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.
EBarry Rose 02220-2 of 4
fl
CITY OF PEARLAND SITE DEMOLITION
B Materials and equipment not designated for reuse or salvage become the property of fl
the Contractor.
1.07 STORAGE AND HANDLING fl
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 on Plans.
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. fl
2.0 PRODUCTS
2.01 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.
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3.0 EXECUTION
3.01 EXAMINATION fl
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.
D Stop demolition and notify Engineer if underground fuel storage tanks, asbestos,
PCB's, contaminated soils, or other hazardous materials are encountered.
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3.02 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 fl
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.
Barry Rose 02220-3 of 4
CITY OF PEARLAND SITE DEMOLITION
/ 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,
gr p p ng, 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 masonry bulkhead.
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 roof warranty.
F Conform to applicable codes when making any changes to plumbing and heating
systems.
3.03 ELECTRICAL WO
RK 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.
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.
END OF SECTION
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Barry Rose 02220-4 of 4
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CITY OF PEARLAND FENCING AND GATES
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Section 02820
FENCING AND GATES
1.0 GENERAL
1.01 SECTION INCLUDES
A Fence framework,material components, and accessories.
B Excavation for post bases, concrete foundation for posts, and installation of gates.
1. Manual gates and related hardware.
C References to Technical Specifications:
1. Section 01200 -Measurement and Payment Procedures
2. Section 01350 - Submittals
D Referenced Standards:
1. American Society of Testing and Materials (ASTM)
2. American Association of State Highway and Transportation Officials(AASHTO)
1.02 MEASUREMENT AND PAYMENT
A Measurement for fencing shall be on a linear foot basis for type and height noted.
B Payment for gates shall be per each.
C Refer to Section 01200-Measurement and Payment Procedures. 1
1.03 SUBMITTALS
A Make Submittals required by this Section under the provisions of Section 01350 —
Submittals.
B Shop Drawings: Indicate plan layout, spacing of components, post foundation
dimensions, hardware anchorage, and specific description of material components.
C Product Data: Provide data on material components including posts, rails, bracing,
accessories, fittings, and hardware.
1.04 SYSTEM DESCRIPTION
A Fence height shall be as indicated on Plans or as noted to match height of existing. r
B Line post spacing shall not exceed 10 feet, or as shown on Plans.
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C Provide bracing as appropriate for structural integrity.
D Concrete posts in the ground at a depth of, at least, '/2 the height of the fence.
Barry Rose 02820-1 of 2
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CITY OF PEARLAND FENCING AND GATES
The diameter of the post hole shall be,at least, 1 %2 times that of the post,or as shown on
Plans.
1.05 QUALIFICATIONS
L A Company specializing in installation of the products specified in this Section with
minimum three years experience.
1.06 FIELD MEASUREMENTS
A Verify that Field Measurements are as indicated on Shop Drawings.
2.0 PRODUCTS
A When the Work entails replacement of fence structures, the products shall match or
exceed the quality of existing.
3.0 EXECUTION
3.01 INSTALLATION
A Install fence in accordance with the directions
coons of the manufacturer and these Technical
Specifications.
7,D
B Use a Class B concrete base or better to set posts into the ground. Allow concrete to cure
for at least 7 days before attaching remainder of fence.
C Where type of material applies, use standard fence stretching equipment to stretch the
fencing before tying it to the rails and posts. Repeat the stretching and tying operations
about every 100 feet. Use bottom tension wire where specified on Plans.
D Erect gates so they swing or slide in the appropriate direction. Provide gate stops as
required. Secure hardware,adjust,and leave in perfect working order. Adjust hinges and
diagonal bracing so that gates will hang level. Adjust rollers and guides of sliding gates
so that gates are level.
E Accommodate contour of ground as indicated on Plans.
F Where new fence joins an existing fence,set a corner post and brace post at the junction,
or tie in as directed on Plans.
G Nuts and bolts shall be in conformance with ASTM A 307 and shall be galvanized in
accordance with AASHTO M232.
H Other hardware indicated on Plans shall be in accordance with ASTM Standards.
END OF SECTION
Barry Rose 02820-2 of 2
CITY OF PEARLAND TECHNICAL SPECIFICATIONS DIVISION 3
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TECHNICAL SPECIFICATIONS
1
DIVISION 3
CONCRETE I
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Barry Rose 03000- 1 of 1 1
CITY OF PEARLAND CAST-IN-PLACE CONCRETE
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Section 03300
CAST-IN-PLACE CONCRETE
1.0 GENERAL
1.01 SECTION INCLUDES
A Cast-in-place concrete building frame members,floors,shear walls,foundation walls,
and supported slabs,vaults,manholes and wet wells.
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B Cast-in-place concrete work for utility construction or rehabilitation,such as slabs on
I grade,small vaults,site-cast bases for precast units,cast-in-place manholes,including
'' headwalls and miscellaneous small structures.
{ : C Floors and slabs on grade.
D Concrete seal slabs.
E Control, and expansion and contraction joint devices associated with concrete work,
including joint sealants.
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F Design, construction, erection, and removal of structural concrete formwork.
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G Equipment pads, light pole base,thrust blocks.
H References to Technical Specifications:
1. Section 01200 -Measurement and Payment Procedures
2. Section 01350 - Submittals
3. Section 01310 - Coordination and Meetings
4. Section 03600 - Structural Grout
5. Section 03310 - Structural Concrete
6. Section 03100—Concrete Formwork
7. Section 01440—Inspection Services
8. Section 01450—Testing Laboratory Services
L I Referenced Standards:
1. American Concrete Institute(ACI)
2. American Society for Testing and Materials (ASTM)
3. Concrete Reinforcing Steel Institute (CRSI)
4. American Welding Society(AWS)
5. Wire Reinforcement Institute (WRI)
1.02 MEASUREMENT AND PAYMENT
A Measurement for cast-in-place concrete is on lump-sum basis for each aforementioned
item as bid. Payment includes related work performed on these items in accordance
1".—/ with related sections of these Technical Specifications.
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CITY OF PEARLAND CAST-IN-PLACE CONCRETE
B Measurement for extra cast-in-place concrete is on cubic-yard basis. Payment includes
related work performed in accordance with related sections. fl
C Refer to Section 01200 -Measurement and Payment Procedures.
1.03 DEFINITIONS
A Hot Weather: Any combination of high air temperature, low relative humidity and
wind velocity tending to impair quality of fresh or hardened concrete or otherwise
resulting in abnormal properties.
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B Cold Weather: Period when,for more than 2 successive days,mean daily temperature
is below 40 degrees F.
1.04 SUBMITTALS
A Submittals shall conform to the requirements of Section 01350—Submittals.
B Shop Drawings:
1. Submit Shop Drawings detailing reinforcement fabrication, bar replacement -�
location, splices, spacing, bar designation, bar type, length, size, bending,
number of bars,bar support type, and other pertinent information, including
dimensions. Provide sufficient detail for placement of reinforcement without f.
use of Plans. Information shall correspond directly to data listed on bill of
materials.
2. Use of reproductions of Plans by Contractor,Subcontractor,erector,fabricator 'l
or material supplier in preparation of Shop Drawings(or in lieu of preparation
of Shop Drawings) signifies acceptance by that party of information shown
thereon as correct,and acceptance of obligation to pay for any job expense,real
or implied,arising due to errors that may occur thereon. Remove references to -
Design Engineer, including seals, when reproductions of Plans are used as
Shop Drawings.
3. Detail Shop Drawings in accordance with ACI 315, Figure 6.
4. Submit Shop Drawings showing location of proposed additional construction ,
joints,and obtain approval of the Engineer,prior to submitting reinforcing steel
Shop Drawings.
C Bill of Materials: Submit with Shop Drawings. fl
D Product Data: •
1. Mechanical Bar Splices: Submit manufacturer's technical literature,including
specifications and installation instructions.
2. Epoxy grout proposed for anchoring reinforcing dowels to hardened concrete:
Submit manufacturer's technical literature including recommended installation
procedures.
J
3. Provide data on joint devices, attachment accessories and admixtures. 11
E Certificates:
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CITY OF PEARLAND CAST-IN-PLACE CONCRETE
7_,_,) 1. Submit steel manufacturer's certificates of mill tests giving properties of steel
L7 proposed for use. List of manufacturer's test number,heat number, chemical
analysis, yield point, tensile strength, and percentage of elongation. Identify
proposed location of steel in work.
2. Foreign-manufactured reinforcing bars shall be tested for conformance to
L ASTM requirements by a certified independent testing laboratory located in
United States. Certification from any other source is not acceptable. Submit
._ test reports for review. Do not begin fabrication of reinforcement until
material has been approved.
L ' 1.05 PROJECT RECORD DOCUMENTS
L A Submit under provisions of Section 01350-Submittals.
L` B Accurately record actual locations of embedded utilities and components which are
concealed from.view.
Lf 1.06 QUALITY ASSURANCE
7 A Perform Work in accordance with ACI 301-99:Specifications for Structural Concrete-
IP.
7 D B Acquire cement and aggregate from same source for all work.
C Conform appropriately to ACI 305R-99:Hot Weather Concreting or ACI 306R.1-
rill 90:Standard Specification for Cold Weather Concreting.
1.07 COORDINATION
7 A Coordinate Work under provisions of Section 01310—Coordination and Meetings.
rB Coordinate the placement of joint devices with erection of concrete formwork and
L placement of form accessories.
+
C , 2.0 PRODUCTS
,L
2.01 CONCRETE MATERIALS
7 A Cement: ASTM C 150, Type I - Normal Portland. Type II - Moderate Sulphate
�+ resistance Portland type.
7 B Fine and Coarse Aggregates: ASTM C 33:
C Use coarse limestone aggregate and crushed limestone for fine aggregate. The product
7 of concrete alkalinity(A,as equivalent calcium carbonate)times the thickness of cover
over the reinforcing steel(Z, in inches) shall not be less than 0.54,i.e. concrete shall
�� have an AZ factor greater than or equal to 0.54. Provide a minimum concrete cover of
2" over reinforcing steel on the inside of the structures.
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Water: Clean and not detrimental to concrete.
2.02 ADMIXTURES
A Air Entrainment: ASTM C 260.
B Chemical: ASTM C 494, Type A - Water Reducing Type D - Water Reducing and
Retarding Type E- Water Reducing and Accelerating admixture.
2.03 ACCESSORIES
n
A Bonding Agent: Two component modified epoxy resin.
B Vapor Barrier: 6 mil clear polyethylene film type recommended for below grade
application.
C Non-Shrink Grout: Premixed compound consisting of non-metallic aggregate,cement,
water reducing and plasticizing agents; capable of developing minimum compressive
strength of 2,400 psi in 48 hours and 7,000 psi in 28 days.
2.04 JOINT DEVICES AND FILLER MATERIALS
A Joint Filler Type C: ASTM D 1752; Premolded sponge rubber, fully compressible frl
with recovery rate of minimum 95 percent.
B Sealant: ASTM D 1190; synthetic rubber.
2.05 CONCRETE MIX
A Mix and deliver concrete in accordance with ASTM C 94, Alternative No. 3. A
minimum of 5.75 bags of cement per cubic yard of concrete shall be used. For
Concrete in Contact with sewage use Portland Type II,ASTM C 150, Cement.
B Provide concrete to the following criteria:
1. Compressive Strength 7 days: 2400 psi
2. Compressive Strength 28 days: 4000 psi
3. Slump: 3 to 4 inches for concrete cast against earth in slabs and footings and
where used as a topping. 5 to 6 inches for concrete in supported slabs,beams,
columns and walls.
4. Maximum Water/Cement Ratio: 0.50.
n
C Use accelerating admixtures in cold weather only when approved by Engineer. Use of
admixtures will not relax cold weather placement requirements.
D Use set retarding admixtures during hot weather only when approved by Engineer.
E Add air entraining agent to normal weight concrete mix for work exposed to
temperature lower than 40 degrees F. Air content shall be 3 percent maximum for
concrete with trowel finished surfaces and 3-5 percent for other concrete.
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2.06 FORM MATERIAL
A Smooth Forms: New plywood, metal, plastic, tempered concrete-form hardboard,
dressed lumber faced with plywood or lining, or metal-framed plywood-faced panel
material,to provide continuous,straight,smooth surfaces. Form material shall be free
L ' of raised grain, torn surfaces, worn edges, patches, dents or other defects. Furnish
_ material in largest practical sizes to minimize number of j oints and,when indicated on
r Plans,conform to joint system indicated. Form material shall have sufficient strength
and thickness to withstand pressure of newly placed concrete without bow or
deflection.
B Rough Forms: Plywood, metal, dressed or undressed lumber free of knots, splits or
other defects, or other material acceptable to the Engineer of sufficient strength and
thickness to withstand pressure of newly placed concrete without bow or deflection.
C Plywood: Conform to PS 1, Class 1.
D Lumber: Conform to PS 20.
E Edge Forms and Intermediate Screed Strips: Type and strength compatible with the
screed equipment and methods used.
F Plastic Forms: One-piece forms for domes,beams and pan joists. Single lengths for
-_� columns not exceeding height of 7'-6". For columns over 7'-6",use 7'-6"sections and
filler sections as needed. To facilitate removal of pan joist forms, taper sides 1 inch
rper foot
G Metal Pan Joist Forms: Removable type; fabricated of minimum 14-gage steel; one
if"' piece between end closures. Adjustable forms not allowed. Taper sides 1 inch per foot
to facilitate removal.
H Earth Cuts for Forms:
1. Use earth cuts for forming unexposed sides of grade beams cast monolithically
with slabs on grade.
17' 2. Where sides of excavations are stable enough to prevent caving or sloughing,
�- following surfaces may be cast against neat-cut excavations:
a. Sides of footings.
b. Inside face of perimeter grade beams not monolithic with slab on grade.
When inside face is cast against earth, increase beam width indicated
on Plans by 1 inch.
c. Both faces of interior grade beams not monolithic with slab on grade.
When grade beam is cast against earth,increase beam width indicated
on Plans by 2 inches.
ralj
I Corrugated Fiberboard Carton Forms:
1. Corrugated fiberboard carton forms, when called for, are intended to form a
void space beneath pile-supported and pier-supported slabs and other structural
elements as shown.
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2. Provide products of a reputable manufacturer regularly engaged in commercial
production of double-faced corrugated fiberboard carton forms,constructed of
waterproof paper and laminated with waterproof adhesive.
3. Fiberboard forms: Capable of supporting required dead load plus construction
loads,and designed to lose their strength upon prolonged contact with moisture
and soil bacteria.
4. Seal cuts and ends of each form section by dipping in waterproof wax,unless
liners and flutes are completely impregnated with waterproofing.
5. Size forms as indicated on Plans. Assemble as recommended by manufacturer,
either with steel banding at 4'-0" maximum on centers, or, where liners and
flutes are impregnated with waterproofing,with adequate stapling. fl
I
J Circular Forms:
1. Form round-section members with paper or fiber tubes, constructed of
laminated plies using water-resistant adhesive with wax-impregnated exterior
for weather and moisture protection. Provide units with sufficient wall
thickness to resist loads imposed by wet concrete without deformation.
Provide manufacturer's seamless units to minimize spiral gaps and seams.
2. Fiberglass or steel forms may be used for round-section members. r ,
K Shores: Wood or adjustable metal,with bearing plates;with double wedges at lower
end.
L Form Ties:
1. Use commercially-manufactured ties, hangers and other accessories for
embedding in concrete. Do not use wire not commercially fabricated for use as
a form accessory.
2. Fabricate ties so ends or end fasteners can be removed without causing spalling r 5
of concrete faces. Depth from formed concrete face to the embedded portion:
At least 1 inch, or twice the minimum dimension of tie, whichever is greater.
3. Provide waterstop feature for form ties used on liquid-containing structures and
on concrete walls which will have earth backfill on one side.
4. Removable ties: Taper ties maybe used when approved by the Engineer. In
the hole left by the removal of the taper tie, insert a preformed neoprene or
polyurethane plug sized to seat at the center of the wall.
M Form Coating: Commercial formulation of form oil or form-release agent having 'l
proven satisfactory performance. Coating shall not bond with, stain or otherwise
adversely affect concrete surfaces, or impair their subsequent treatment, including
application of bonding agents, curing compounds, paint, protective liners and
membrane waterproofing.
N Coating for Plastic Forms: Alkali-resistant gel-coat. '1
0 Chamfer Strips: Unless otherwise indicated on Plans,provide 3/4 inch chamfer strips
in corners of forms to produce beveled edges where required by this Section, 3.0 fl
"Execution".
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P Form Gaskets: Polyethylene rod, closed cell, 1-inch diameter.
2.07 DESIGN OF FORMWORK
/1" A Conform to ACI 117, ACI 347 and building codes, unless more restrictive
' requirements are specified or shown on Plans. Contractor shall design and engineer
concrete formwork,including shoring and bracing. Design formwork for applicable
gravity loads,lateral pressure,wind loads.and allowable stresses. Camber formwork to
compensate for anticipated deflection during placement of concrete required to
maintain specified tolerances. Design formwork to be readily removed without
impact, shock or damage to concrete surfaces and adjacent materials.
B Slip Forming: Permitted on written approval of the Engineer. Contractor shall
demonstrate suitability of method proposed.
2.08 REINFORCING MATERIAL
A Reinforcing Bars: Deformed bars conforming to ASTM A 615,grade as indicated on
Plans, except column spirals and those shown on Plans to be smooth bars. Where
grade is not shown on Plans,use Grade 60.
B Smooth Bars: Where indicated on Plans,use smooth bars conforming to ASTM A 36;
ASTM A 615, Grade 60; or ASTM A 675, Grade 70.
C Column Spirals: Bars conforming to ASTM A 15, Grade 60, or wire conforming to
1"+ ASTM A 82.
D Epoxy-Coated Deformed Bars,Column Spirals and Smooth Bars: Conform to ASTM
LA 775/A 775M.
E Welded Wire Fabric:
1. Welded Smooth Wire Fabric: Conform to ASTM A 185.
2. Welded Deformed Wire Fabric: Conform to ASTM A 497.
3. Provide wire size, type and spacing as shown. Where type is not shown on
Plans, use welded smooth wire fabric.
4. Furnish welded wire fabric in flat sheets only.
F Tie Wire: 16-1/2 gage or heavier annealed steel wire. Use plastic-coated tie wire with
epoxy-coated reinforcing steel.
G Bar Supports: Provide chairs. Use bar supports and accessories of sizes required to
provide required concrete cover. Where concrete surfaces are exposed to weather,
water or wastewater,provide plastic accessories only;do not use galvanized or plastic-
tipped metal in such locations. Provide metal bar supports and accessories rated Class
1 or 2 conforming'to CRSI Manual of Standard Practice. Use epoxy-coated bar
supports with epoxy-coated reinforcing bars.
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`!� H Slabs on Grade: Provide chairs with sheet metal bases or provide precast concrete bar
supports 3 inches wide, 6 inches long, and thick enough to allow required cover. fl
Embed tie wires in 3-inch by 6-inch side.
Mechanical Bar Splices: fl
1. Conform to ACI 318-05:Building Code Requirements for Structural Concrete
and Commentary; use where indicated on Plans.
a. Compression splices shall develop ultimate stress of reinforcing bar.
b. Tension splices shall develop 125 percent of minimum yield point
stress of reinforcing bar.
2. Regardless of chemical composition of steel,any heat effect shall not adversely
affect performance of reinforcing bar.
J Welded Splices: fl
1. Provide welded splices where shown and where approved by the Engineer.
Welded splices of reinforcing steel shall develop a tensile strength exceeding
125 percent of the yield strength of the reinforcing bars connected.
2. Provide materials for welded splices conforming to AWS D1.4— Structural
Welding Code-Reinforcing Steel.
K Epoxy Grout: High-strength ri d e ox adhesive,conformingto ASTM C 881,Type
P Y � epoxy YP
IV, manufactured for purpose of anchoring dowels into hardened concrete and the
moisture condition, application temperature and orientation of the hole to be filled.
Unless otherwise shown,depth of embedment shall be as required to develop the full
tensile strength(125 percent of yield strength)of dowel,but not less than 12 diameters.
2.09 FABRICATION OF REINFORCING
A Bending: Fabricate bars to shapes indicated on Plans by cold bending. Bends shall
conform to minimum bend diameters specified in ACI 318-05:Building Code
Requirements for Structural Concrete and Commentary. Do not straighten or rebend
bars. Fabricate epoxy-coated reinforcing steel to required shapes in a manner that will
not damage epoxy coating. Repair any epoxy coating with patching material
conforming to Item 4.4 of ASTM A 775/A 775M.
B Splices:
1. Locate splices as indicated on Plans. Do not locate splices at other locations
without approval of the Engineer. Use minimum number of splices located at
points of minimum stress. Stagger splices in adjacent bars.
2. Length of lap splices: As shown on Plans. '
3. Prepare ends of bars at mechanical splices in accordance with splice
manufacturer's requirements.
C Construction Joints: Unless otherwise shown, continue reinforcing through
construction joints.
D Bar Fabrication Tolerances: Conform to tolerances listed in ACI 315,Figures 4 and 5.
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E Standard Hooks: Conform to the requirements of ACI 318-05:Building Code
gM Requirements for Structural Concrete and Commentary.
F Marking: Clearly mark bars with waterproof tags showing number of bars,size,mark,
length, and yield strength. Mark steel with same designation as member in which it
lL occurs.
2.10 FINISHING MATERIALS
A Sealer/Dustproofer (VOC Compliant): Water-based acrylic sealer; non-yellowing
under ultraviolet light after 200-hour test in accordance with ASTM D 4587. Conform
to local, state and federal solvent emission requirements.
�•, B Epoxy Floor Topping: Two-component epoxy resin meeting ASTM C 881 Type III,
L resistant to wear,staining and chemical attack,blended with granite,sand,trap rock or
quartz aggregate,trowel-applied over concrete floor. Topping thickness shall be 1/8
r'°! inch. Color shall be gray:
C Abrasive Aggregate for Nonslip Finish: Fused aluminum oxide grit,or crushed emery
aggregate containing not less than 40 percent aluminum oxide and not less than 25
7.* percent ferric oxide. Material shall be factory graded, packaged, rustproof and
1 nonglazing, and unaffected by freezing,moisture and cleaning materials.
�� ._J D Epoxy Penetrating Sealer: Low-viscosity,two-component epoxy system designed to
give maximum penetration into concrete surfaces. Sealer shall completely seal
concrete surfaces from penetration of water, oil and chemicals; prevent dusting and
L' deterioration of concrete surfaces caused by heavy traffic; and be capable of adhering
to floor surfaces subject to hydrostatic pressure from below. Color shall be transparent
CI* amber or gray. Surface shall be non-slip.
L
E Latex Bonding Agent: Non-redispersable latex base liquid conforming to ASTM C
1059.When used in water and wastewater treatment structures,bonding agent shall be
suitable for use under continuously submerged conditions. Conformance and
suitability certification by manufacturer is required.
F Bonding Grout: Prepare bonding grout by mixing approximately one part cement to
one part fine sand meeting ASTM C 144 but with 100 percent passing No. 30 mesh
sieve. Mix with water to consistency of thick cream. At Contractor's option, a
commercially-prepared bonding agent used in accordance with manufacturer's
recommendations and instructions may be used. When used in water and wastewater
treatment structures, bonding agent shall be suitable for use under continuously
submerged conditions. Conformance and suitability certification by manufacturer is
�+s required. Submit manufacturer's technical,information on proposed bonding agent.
` G Patching Mortar:
1. Make patching mortar of same materials and of approximately same
proportions as concrete, except omit coarse aggregate. Substitute white
Portland cement for part of gray Portland cement on exposed concrete in order
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• to match color of surrounding concrete. Determine color by making trial patch.
Use minimum amount of mixing water required for handling and placing.
Mix patching mortar in advance and allow to stand. Mix frequently with
trowel until it has reached stiffest consistency that will permit placing. Do not
add water.
2. Proprietary compounds for adhesion or specially formulated cementitious
repair mortars may be used in lieu of or in addition to foregoing patching
materials provided that properties of bond and compressive strength meet or
exceed the foregoing and color of surrounding concrete can be matched where
required. Use such compounds according to manufacturer's recommendations.
When used in water and wastewater treatment structures, material shall be
suitable for use under continuously submerged conditions. Conformance and
suitability certification by manufacturer is required.
H Epoxy Adhesive: Two-component, 100 percent solids, 100 percent reactive compound
developing 100 percent of strength of concrete, suitable for use on dry or damp
surfaces. Epoxy used to inject cracks and as a binder in epoxy mortar shall meet
ASTM C 881,Type VI. Epoxy used as a bonding agent for fresh concrete shall meet
ASTM C 881, Type V.
I Non-shrink Grout: See Section 03600 - Structural Grout.
J Spray-Applied Coating: Acceptable products are Thoro System Products "Thoroseal r1
Plaster Mix" or approved equal. Color: Gray.
K Concrete Topping: Class H concrete with 3/8-inch maximum coarse aggregate size,as
specified in this Section.
L Concrete Fill: Class H concrete with 3/8-inch maximum coarse aggregate size,(Class
C where fill thickness exceeds 3 inches throughout a placement), as specified in
Section 03310 - Structural Concrete.
M Evaporation Retardant: Confilm, manufactured by Master Builders; Eucobar,
manufactured by Euclid Chemical Company; or equal. ("1
2.11 CONCRETE CURING MATERIALS
A Membrane-forming Curing Compound: Conform to ASTM C 309, Type 1D, and
following requirements.
1. Minimum solids content: 30 percent.
2. Compound shall not permanently discolor concrete. When used for liquid-
containing structures, curing compound shall be white-pigmented.
3. When used in areas that are to be coated, or that will receive topping or floor
covering,material shall not reduce bond of coating,topping,or floor covering
1 to concrete. Curing compound manufacturer's technical information shall state
conditions under which compound will not prevent bond.
4. Conform to local, state and federal solvent emission requirements.
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B Clear Curing and Sealing Compound(VOC Compliant): Conform to ASTM C 309,
Type 1,Class B,and the following requirements: 30 percent solids content minimum;
non-yellowing under ultraviolet light after 500-hour test in accordance with ASTM D
4587. Sodium silicate compounds are not permitted. Conform to local, state and
federal solvent emission requirements.
t C Sheet Material for Curing Concrete: ASTM C 171; waterproof paper, polyethylene
film or white burlap-polyethylene sheeting.
D Curing Mats(for use in Curing Method 2): Heavy shag rugs or carpets,or cotton mats
quilted at 4 inches on center; 12 ounce per square yard minimum weight when dry.
E Water for curing: Clean and potable.
3.0 EXECUTION
3.01 EXAMINATION
A Verify requirements for concrete cover over reinforcement.
B Verify that anchors,seats,plates,reinforcement and other items to be cast into concrete
are accurately placed, positioned securely, and will not cause hardship in placing
concrete.
3.02 PREPARATION
A Prepare previously placed concrete by cleaning with steel brush and applying bonding
agent in accordance with manufacturer's instructions.
-c11 B In locations where new concrete is dowelled to existing work, drill holes in existing
concrete, insert steel dowels and pack solid with non-shrink grout.
3.03 PREPARATION OF SURFACES FOR CONCRETING
A Earth Surfaces:
1. Under interior slabs on grade,install vapor barrier. Lap joints at least 6 inches
and seal watertight with tape,or sealant applied between overlapping edges and
ends. Repair vapor barrier damaged during placement of reinforcing and
inserts with vapor barrier material;lap over damaged areas at least 6 inches and
seal watertight.
ro 2. Other Earth Surfaces: Thoroughly wet by sprinkling prior to placing concrete,
I- and keep moist by frequent sprinkling up to time of placing concrete thereon.
Remove standing water. Surfaces shall be free from standing water,mud and
debris at the time of placing concrete.
B Construction Joints:
1. Definition: Concrete surfaces upon or against which concrete is to be placed,
where the placement of the concrete has been interrupted so that, in the
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rq
judgment of the Engineer,new concrete cannot be incorporated integrally with
that previously placed.
2. Interruptions: When placing of concrete is to be interrupted long enough for
the concrete to take a set,use forms or other means to shape the working face
to secure proper union with subsequent work. Make construction joints only '
where acceptable to the Engineer. --
3. Preparation: Give horizontal joint surfaces a compacted,roughened surface for
good bond. Except where the Plans call for joint surfaces to be coated, clean
joint surfaces of laitance, loose or defective concrete and foreign material by
hydroblasting or sandblasting(exposing aggregate),roughen surface to expose
aggregate to a depth of at least 1/4 inch and wash thoroughly. Remove
standing water from the construction joint surface before new concrete is
placed. T
4. After surfaces have been prepared cover approximately horizontal construction
joints with a 3-inch lift of a grout mix consisting of Class A concrete batched
without coarse aggregate; place and spread grout uniformly. Place wall f-
concrete on the grout mix immediately thereafter.
C Set and secure reinforcement, anchor bolts, sleeves, inserts and similar embedded
items in the forms where indicated on Plans,Shop Drawings and as otherwise required.
Obtain the Engineer's acceptance before concrete is placed. Accuracy of placement is
the sole responsibility of the Contractor.
D Place no concrete until at least 4 hours after formwork, inserts, embedded items,
reinforcement and surface preparation have been completed and accepted by the
Engineer. Clean surfaces of forms and embedded items that have become encrusted
with grout or previously-placed concrete before placing adjacent concrete.
E Casting New Concrete Against Old: Where concrete is to be cast against old concrete
(any concrete which is greater than 60 days of age),thoroughly clean and roughen the
surface of the old concrete by hydro-blasting or sandblasting (exposing aggregate).
Coat joint surface with epoxy bonding agent following manufacturer's written
instructions,unless indicated otherwise. Unless noted otherwise,this provision does
not apply to vertical wall joints where waterstop is installed.
F Protection from Water: Place no concrete in any structure until water entering the
space to be filled with concrete has been properly cut off or diverted and carried out of
the forms,clear of the work. Deposit no concrete underwater. Do not allow still water
to rise on any concrete until concrete has attained its initial set. Do not allow water to
flow over the surface of any concrete in a manner and at a velocity that will damage 1
the surface finish of the concrete. Pumping,dewatering and other necessary operations
for removing ground water, if required, are subject to the Engineer's review.
G Corrosion Protection: Position and support pipe, conduit, dowels and other ferrous
items to be embedded in concrete construction prior to placement of concrete so there
is at least a 2 inch clearance between them and any part of the concrete reinforcement.
Do not secure such items in position by wiring or welding them to the reinforcement.
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H Where practicable, provide for openings for pipes, inserts for pipe hangers and
brackets, and setting of anchors during placing of concrete.
I Accurately set anchor bolts and maintain in position with templates while they are
being embedded in concrete.
J Cleaning: Immediately before concrete is placed,thoroughly clean dirt,grease,grout,
mortar,loose scale,rust and other foreign substances from surfaces of metalwork to be
in contact with concrete.
3.04 FORMWORK INSTALLATION
A Formwork Construction
{"! 1. Construct and maintain formwork so that it will maintain correct sizes of
L members,shape,alignment,elevation and position during concrete placement
and until concrete has gained sufficient strength. Provide for required
ri" openings, offsets, sinkages, keyways, recesses, moldings, anchorages, and
inserts.
2. Construct forms for easy removal without damage to concrete surfaces.
3. Make formwork sufficiently tight to prevent leakage of cement paste during
t concrete placement. Solidly butt joints and provide backup material at joints as
required to prevent leakage and fins. Provide gaskets for wall forms to prevent
tirD
concrete paste leakage at their base.
4. Place chamfer strips in forms to bevel edges and corners permanently exposed
to view,except top edges of walls,and slabs which are indicated on Plans to be
tooled. Do not bevel edges of formed joints and interior corners unless
indicated on Plans. Form beveled edges for vertical and horizontal corners of
equipment bases. Unless otherwise indicated on Plans,make bevels 3/4 inch
wide.
5. Provide temporary openings at bases of column and wall forms and other
points as required for observation and cleaning immediately before concrete is
placed.
6. Where runways are required for moving equipment, support runways directly
on the formwork or structural members. Do not allow runways or supports to
1 rest on reinforcing steel.
7. Use smooth forms on formed concrete surfaces required to have smooth form
finish or rubbed finish.
8. Rough forms maybe used on formed concrete surfaces indicated to have rough
form finish. •
B Forms for Surfaces Requiring Smooth Form Finish:
1. Drill forms to suit ties used and to prevent leakage of concrete mortar around
tie holes. Uniformly space form ties and align in horizontal and vertical rows.
_ Install taper ties, if used,with the large end on the wet face of the wall.
2. Provide sharp, clean corners at intersecting planes, without visible edges or
offsets. Back up joints with extra studs or girts to maintain true, square
intersections.
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3. Form molding shapes,recesses and projections with smooth-finish materials
and install in forms with sealed joints to prevent displacement.
4. Form exposed corners of beams and columns to produce square,smooth,solid,
unbroken lines.
5. Provide exterior exposed edges with 3/4-inch chamfer or 3/4-inch radius.
6. Arrange facing material in orderly and symmetrical fashion. Keep number of
joints to practical minimum. Support facing material adequately to prevent
deflection in excess of allowable tolerances.
7. For flush surfaces exposed to view in completed structure,overlap previously-
placed hardened concrete with form sheathing by approximately 1 inch. Hold
forms against hardened concrete to maintain true surfaces,preventing offsets or
loss of mortar.
C Forms for Surfaces Requiring Rubbed Finish: Provide forms as specified in this
Section, 3.04B "Forms for Surfaces Requiring Smooth Form Finish". Use smooth
plywood linings or forms, in as large sheets as practicable, and with smooth, even
edges and close joints.
D Edge Forms and Screed Strips for Slabs: Set edge forms or bulkheads and
intermediate screed strips for slabs to obtain required elevations and contours in
finished slab surface. Provide and secure supports for types of screeds required.
E Circular Forms: Set forms in one piece for full height of member.
F Surfaces to Receive Membrane Waterproofing: Coordinate surface finish, anchors,
reglets, and similar requirements with membrane waterproofing applicator.
G Fireproofing Steel Member: Construct forms to provide not less than the concrete ,-,
thickness necessary,measured from face of steel member,to provide the required fire
rating. Forms for concealed surfaces may be unlined.
H Tolerances:
1. Unless noted otherwise on Plans,construct formwork so concrete surfaces will
conform to tolerance limits listed in Tables 03100A and 03100B at end of this
Section.
2. Establish sufficient control points and bench marks as references for tolerance
checks. Maintain these references in undisturbed condition until final
completion and acceptance of the Work.
Adjustment of Formwork:
1. Use wedges or jacks to provide positive adjustment of shores and struts. After
final inspection and before concrete placement,fasten in position wedges used
for final adjustment of forms.
2. Brace forms securely against lateral deflections. Prepare to compensate for
settling during concrete placement.
3. For wall openings,construct wood forms that facilitate necessary loosening to `l
counteract swelling of forms.
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J Corrugated Fiberboard Carton Forms:
1. Place on smooth firm bed of suitable material to prevent vertical displacement;
set tight to prevent horizontal,displacement. Exercise care to avoid buckling of
forms. Install in accordance with manufacturer's directions and
recommendations.
2. Fit carton forms tightly around piles and piers; completely fill the space
between subgrade and concrete placement with carton forms to form a void
space.
3. Protect carton forms from moisture and maintain in a dry condition until
concrete is placed on them. If they become wet before placement of concrete,
allow them to dry and carefully inspect for strength before concrete is placed.
4. Before concrete placement,replace damaged or deteriorated forms which are
incapable of supporting concrete dead load plus construction live loads.
4 ' '
3.05 PREPARATION OF FORM SURFACES
A Clean surfaces of forms and embedded materials before placing concrete. Remove
accumulated mortar,grout,rust and other foreign matter.
B Coat forms for exposed or painted concrete surfaces with form oil or form-release
agent before placing reinforcement. Cover form surfaces with coating material in
accordance with manufacturer's printed instructions. Do not allow excess coating
7/3 material to accumulate in forms or to contact hardened concrete against which fresh
concrete will be placed. Remove coating material from reinforcement before placing
concrete.
C Forms for unexposed surfaces, other than retained-in-place metal forms,may be wet
with water immediately before concrete placement in lieu of coating. When possibility
1 of freezing temperatures exists,however, the use of coating is mandatory.
�., 3.06 INSTALLATION OF REINFORCEMENT
L
A Placement Tolerances: Place reinforcement within tolerances of Table 03210A at the
end of this Section. Bend tie wire away from forms to maintain the specified concrete
coverage.
B Interferences: Maintain 2-inch clearance from embedded items. Where reinforcing
interferes with location of other reinforcing steel,conduit or embedded items,bars may
be moved within specified tolerances or one bar diameter,whichever is greater. Where
greater movement of bars is required to avoid interference,notify the Engineer. Do not
cut reinforcement to install inserts, conduit, mechanical openings or other items
•
without approval of the Engineer.
C Concrete Cover: Provide clear cover measured from reinforcement to face of concrete
as listed in Table 03210B at the end of this Section, unless otherwise indicated on
Plans.
L
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Placement in Forms: Use spacers,chairs,wire ties and other accessory items necessary
to assemble,space,and support reinforcing properly. Provide accessories of sufficient r'
number, size and strength to prevent deflection or displacement of reinforcement due
to construction loads or concrete placement. Use appropriate accessories to position
and support bolts, anchors and other embedded items. Tie reinforcing bars at each }
intersection, and to accessories. Blocking reinforcement with concrete or masonry is
prohibited.
E Placement for Concrete on Ground: Support bar and wire reinforcement on chairs with 1
sheet metal bases or precast concrete blocks spaced at approximately 3 feet on centers
each way. Use minimum of one support for each 9 square feet. Tie supports to '1
reinforcing bars and wires.
F Vertical Reinforcement in Columns: Offset vertical bars by at least one bar diameter at
splices. Provide accurate templates for column dowels to ensure proper placement.
G Splices:
1. Do not splice bars, except at locations indicated on Plans or reviewed Shop
Drawings,without approval of the Engineer.
2. Lap Splices: Unless otherwise shown or noted, Class B, conforming to ACI
318-89,Section 12.15.1. Tie securely with wire prior to concrete placement,to
prevent displacement of splices during concrete placement.
3. Mechanical Bar Splices: Use only where indicated on Plans or approved by the
Engineer. Install in accordance with manufacturer's instructions.
a. Couplers located at a joint face shall be of a type which can be set
either flush or recessed from the face as shown. Seal couplers prior to
concrete placement to completely eliminate concrete or cement paste
from entering. fl
b. Couplers intended for future connections: Recess 1/2 inch minimum
from concrete surface. After concrete is placed,plug coupler and fill
recess with sealant to prevent contact with water or other corrosive
materials.
c. Unless noted otherwise, match mechanical coupler spacing and
capacity to that shown for the adjacent reinforcing. !
H Construction Joints: Place reinforcing continuous through construction joints,unless
noted otherwise. 'l
Welded Wire Fabric: Install wire fabric in as long lengths as practicable. Unless
otherwise indicated on Plans, lap adjoining pieces at least 6 inches or one full mesh 'l
plus 2 inches, whichever is larger. Lace splices with wire. Do not make end laps
midway between supporting beams, or directly over beams of continuous structures.
Offset end laps in adjacent widths to prevent continuous laps. Conform to WRI -
Manual of Standard Practice for Welded Wire Fabric.
J Field Bending: Shape reinforcing bent during construction operations to conform to fl
Plans. Bars shall be cold-bent; do not heat bars. Closely inspect reinforcing for
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j breaks. When reinforcing is damaged, replace, Cadweld, or otherwise repair, as
directed by the Engineer. Do not bend reinforcement after it is embedded in concrete.
K Epoxy-coated Reinforcing Steel: Install in accordance this Section, 3.06J "Field
Bending",and in a manner that will not damage epoxy coating. Repair damaged epoxy
coating with patching material as specified in Paragraph 2.02A,Bending.
L Field Cutting: Cut reinforcing bars by shearing or sawing. Do not cut bars with
cutting torch.
M Welding of reinforcing bars is prohibited, except where shown on Plans.
3.07 GROUTING OF REINFORCING AND DOWEL BARS
A Use epoxy grout for anchoring reinforcing and dowel steel to existing concrete in
accordance with epoxy manufacturer's instructions. Drill hole not more than 1/4 inch
larger than steel bar diameter(including height of deformations for deformed bars)in
existing concrete. Just before installation of steel,blow hole clean of all debris using
compressed air. Partially fill hole with epoxy,using enough epoxy so when steel bar is
inserted, epoxy grout will completely fill hole around bar. Dip end of steel bar in
epoxy and twist bar while inserting into partially-filled hole.
TABLE 03210A
REINFORCEMENT PLACEMENT TOLERANCES
Placement Tolerances
(in inches)
Clear Distance-
To formed soffit: -1/4
To other formed surfaces: ±1/4
Minimum spacing between bars -1/4
Clear distance from unformed surface to top reinforcement-
Members 8 inches deep or less: ±1/4
Members more than 8 inches deep but less than 24 inches deep: -1/4, +1/2
Members 24 inches deep or greater: -1/4,+1
Uniform spacing of bars
±2
(but the required number of bars shall not reduced):
Uniform spacing of stirrups and ties
(but the required number of stirrups and ties shall not be reduced): ±1
Longitudinal locations of bends and ends of reinforcement-
General: ±2
Discontinuous ends of members: ±1/2
Length of bar laps: -1 1/2
Embedded length-
For bar sizes No. 3 through 11: -1
For bar sizes No. 14 and 18: -2
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TABLE 03210B
MINIMUM CONCRETE COVER FOR REINFORCEMENT
Minimum Cover
Surface (in inches)
Slabs and Joists -
Top and bottom bars for dry conditions—
No. 14 and No. 18 bars: 1 1/2
No. 11 bars and smaller: 1
Formed concrete surfaces exposed to earth,water, or weather, over, or in fl
contact with, sewage; and for bottoms bearing on work mat, or slabs
supporting earth cover- 7
No. 5 bars and smaller: 1 1/2
No. 6 through No. 18 bars: 2
Beams and Columns -
For dry conditions - !
Stirrups, spirals and ties: 1 1/2
Principal reinforcement: 2
Exposed to earth,water, sewage or weather
Stirrups and ties: 2
Principal reinforcement: 2 1/2
Walls -
For dry conditions -
No. 11 bars and smaller: 1
No. 14 and No. 18 bars: 1 1/2 fl
Formed concrete surfaces exposed to earth,water, sewage or weather, or in
contact with ground-
Circular tanks with ring tension: 2 f,
All others: 2
Footings and Base Slabs -
At formed surfaces and bottoms bearing on concrete work mat: 2
At unformed surfaces and bottoms in contact with earth: 3
Over top of piles: 2 ' l
Top of footings - - same as slabs
r-r
3.08 HANDLING, TRANSPORTING AND PLACING CONCRETE
A Conform to applicable requirements of this Section and Chapter 8 of ACI 301-
99:Specifications for Structural Concrete—IP,Chapter 8. Use no aluminum materials
in conveying concrete.
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E
B Rejected Work: Remove concrete found to be defective or non-conforming in
r
materials or workmanship. Replace rejected concrete with concrete meeting
requirements of Contract Documents, at no additional cost to the Owner.
C Unauthorized Placement: Place no concrete except in the presence of the Engineer.
Notify the Engineer in writing at least 24 hours before placement of concrete.
Placement in Wall Forms:
L1. Do not drop concrete through reinforcing steel.
2. Do not place concrete in any form so as to leave an accumulation of mortar on
form surfaces above the concrete.
3. Pump concrete or use hoppers and, if necessary, vertical ducts of canvas,
rubber or metal (other than aluminum) for placing concrete in forms so it
reaches the place of final deposit without separation. Free fall of concrete shall
not exceed 4 feet below the ends of pump hoses, ducts, chutes or buggies.
Uniformly distribute concrete during depositing.
4. Do not displace concrete in forms more than 6 feet in horizontal direction from
place where it was originally deposited.
5. Deposit in uniform horizontal layers not deeper than 2 feet;take care to avoid
inclined layers or inclined construction joints except where required for sloping
members.
6. Place each layer while the previous layer is still soft.
7,D 7. Provide sufficient,illumination in form interior so concrete at places of deposit
is visible from the deck or runway.
E Conveyors and Chutes: Design and arrange ends of chutes, hopper gates and other
points of concrete discharge in the conveying,hoisting and placing system so concrete
passing from them will not fall separated into whatever receptacle immediately
receives it. Conveyors,if used, shall be of a type acceptable to the Engineer. Do not
use chutes longer than 50 feet. Slope chutes so concrete of specified consistency will
readily flow. If a conveyor is used,it shall be wiped clean by a device operated in such
a manner that none of the mortar adhering to the belt will be wasted. All conveyors
and chutes shall be covered. -
F Placement of Slabs: In hot or windy weather, conducive to plastic shrinkage cracks,
apply evaporation retardant to slab after screeding in accordance with manufacturer's
instructions and recommendations.'Do not use evaporation retardant to increase water
�� content of the surface cement paste. Place concrete for sloping slabs uniformly from
the bottom of the slab to the top, for the full'width of the placement. As work
progresses,vibrate and carefully work concrete around slab reinforcement. Screed the
slab surface in an up-slope direction.
G When adverse weather conditions affect quality 'of concrete, postpone concrete
placement. Do not mix concrete when the air temperature is at or below 40 degrees F
and falling. Concrete may be mixed when temperature is 35 degrees F and rising.
_J Take temperature readings in the shade, away from artificial heat. Protect concrete
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from temperatures below 32 degrees F until the concrete has cured for a minimum of 3
days at 70 degrees F or 5 days at 50 degrees F. `l
When concrete temperature is 85 degrees F or above, do not exceed 60 minutes
between introduction of cement to the aggregates and discharge. When the weather is 'l
such that the concrete temperature would exceed 90 degrees F, employ effective
means, such as pre-cooling of aggregates and mixing water, using ice or placing at
night, as necessary to maintain concrete temperature, as placed,below 90 degrees F.
3.09 PUMPING OF CONCRETE
n
A If pumped concrete does not produce satisfactory results, in the judgment of the
Engineer, discontinue pumping operations and proceed with the placing of concrete
using conventional methods.
B Pumping Equipment: Use a 2-cylinder pump designed to operate with only one
cylinder if one is not functioning, or have a standby pump on site during pumping.
C The minimum hose (conduit) diameter: Comply with ACI 304.2R-96:Placing
Concrete by Pumping Methods. f'
D Replace pumping equipment and hoses (conduits) that do not function properly.
-1,
Do not use aluminum conduits for conveying concrete.
F Field Quality Control: Take samples for slump, air content and test cylinders at the fl
placement(discharge) end of the line.
3.10 CONCRETE PLACEMENT SEQUENCE fl
A Place concrete in a sequence acceptable to the Engineer. To minimize effects of
shrinkage, place concrete in units bounded by construction joints shown. Place
alternate units so each unit placed has cured at least 7 days for hydraulic structures,or
3 days for other structures,before contiguous unit or units are placed, except do not
place corner sections of vertical walls until the 2 adjacent wall panels have cured at '1
least 14 days for hydraulic structures and 7 days for other structures.
B Level the concrete surface whenever a run of concrete is stopped. To ensure straight r`l
and level joints on the exposed surface of walls, tack a wood strip at least 3/4-inch
thick to the forms on these surfaces. Carry concrete about 1/2 inch above the
underside of the strip. About one hour after concrete is placed,remove the strip,level fl
irregularities in the edge formed by the strip with a trowel and remove laitance.
3.11 TAMPING AND VIBRATING rl
A Thoroughly settle and compact concrete throughout the entire depth of the layer being
consolidated, into a dense, homogeneous mass; fill corners and angles, thoroughly `l
embed reinforcement,eliminate rock pockets and bring only a slight excess of water to
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J the exposed surface of concrete during placement. Use ACI 309R-96:Guide for
Consolidation of Concrete, Group 3, immersion-type high-speed power vibrators
(8,000 to 12,000 rpm)in sufficient number and with sufficient(at least one) standby
units. Use Group 2 vibrators only when accepted by the Engineer for specific
locations. Do not transport concrete by vibrating.
B Use care in placing concrete around waterstops. Carefully work concrete by rodding
and vibrating to make sure air and rock pockets have been eliminated. Where flat-strip
type waterstops are placed horizontally, work concrete under waterstops by hand,
making sure air and rock pockets have been eliminated. Give concrete surrounding the
waterstops additional vibration beyond that used for adjacent concrete placement to
assure complete embedment of waterstops in concrete.
C Concrete in Walls: Internally vibrate, ram, stir, or work with suitable appliances,
tamping bars, shovels or forked tools until concrete completely fills forms or
excavations and closes snugly against all surfaces. Do not place subsequent layers of
concrete until previously-placed layers have been so worked. Provide vibrators in
sufficient numbers,with standby units as required,to accomplish the results specified
within 15 minutes after concrete of specified consistency is placed in the forms. Keep
vibrating heads from contact with form surfaces. Take care not to vibrate concrete
excessively or to work it in any manner that causes segregation of its constituents.
7Th
3.12 PLACING MASS CONCRETE
A Observe the following additional restrictions when placing mass concrete.
1. Use specified superplasticizer.
2. Maximum temperature of concrete when deposited: 70 degrees F.
3. Place in lifts approximately 18 inches thick. Extend vibrator heads into
previously-placed layer.
3.13 FINISHING OF FORMED SURFACES
A Unfinished Surfaces: Finish is not required on surfaces concealed from view in
completed structure by earth,ceilings or similar cover,unless indicated otherwise on
Plans.
B Rough Form Finish:
1. No form facing material is required on rough form finish surfaces.
2. Patch tie holes and defects. Chip off fins exceeding 1/4 inch in height.
3. Rough form finish may be used on concrete surfaces which will be concealed
from view by earth in completed structure,except concealed surfaces required
to have smooth form finish, as shown on Plans.
C Smooth Form Finish:
1. Form facing shall produce smooth, hard, uniform texture on concrete. Use
plywood linings or forms in as large sheets as practicable, and with smooth,
even edges and close joints.
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fl
2. Patch tie holes and defects. Rub fins and joint marks with wooden blocks to
leave smooth,unmarred finished surface. 'T1
3. Provide smooth form finish on the wet face of formed surfaces of water-
holding structures, and of other formed surfaces not concealed from view by
earth in completed structure,except where otherwise indicated on Plans. Walls 'P1i
that will be exposed after future construction, at locations indicated on Plans,
shall have smooth form finish. Smooth form finish on exterior face of exterior
walls shall extend below final top of ground elevation. Exterior face of all
perimeter grade beams shall have smooth form finish for full depth of grade
beam.
D Rubbed Finish:
1. Use plywood linings or forms in as large sheets as practicable, and with
smooth, even edges and close joints.
2. Remove forms as soon as practicable,repair defects,wet surfaces,and rub with
No. 16 carborundum stone or similar abrasive. Continue rubbing sufficiently
to bring surface paste,remove form marks and fins,and produce smooth,dense rl
surface of uniform color and texture. Do not use cement paste other than that
drawn from concrete itself Spread paste uniformly over surface with brush.
Allow paste to reset, then wash surface with clean water.
3. Use rubbed finish at locations indicated on Plans,except where rubbed finish is
indicated for a wall which will be containing a liquid, use spray-applied f+
coating.
E Spray-applied Coating: At Contractor's option,in lieu of rubbed finish,spray-applied "1
coating may be applied after defects have been repaired and fins removed. Remove
form oil, curing compound and other foreign matter that would prevent bonding of
coating. Apply coating in uniform texture and color in accordance with coating
manufacturer's instructions.
F Related Unformed Surfaces: Tops of piers, walls, bent caps, and similar unformed f1
surfaces occurring adjacent to formed surfaces shall be struck smooth after concrete is
placed. Float unformed surfaces to texture reasonably consistent with that of formed
surfaces. Continue final treatment on formed surfaces uniformly across unformed
surfaces.
3.14 HOT WEATHER FINISHING `l
A When hot weather conditions exist, as defined in the Section, 1.03A"Hot Weather",
and as judged by the Engineer, apply evaporation retardant to the surfaces of slabs,
topping and concrete fill placements immediately after each step in the finishing
process has been completed.
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3.15 FINISHING SLABS AND, SIMILAR FLAT SURFACES TO CLASS A, B AND C
1+ TOLERANCES
L
A Apply Class A, B and C finishes at locations indicated on Plans. Class B or better
finish shall be applied if not shown otherwise by the Plans.
B Shaping to Contour: Use strike-off templates or approved compacting-type screeds
riding on screed strips or edge forms_to bring concrete surface to proper contour. See
Section 03100- Concrete Formwork for edge forms and screeds.
Consolidation and Leveling: Concrete to be consolidated shall be as stiff as
practicable. Thoroughly consolidate concrete in slabs and use internal vibration in
beams and girders of framed slabs and along bulkheads of slabs on grade. Consolidate
and level slabs and floors with vibrating bridge screeds, roller pipe screeds or other
approved means. After consolidation and leveling, do not permit manipulation of
surfaces prior to finishing operations.
D Tolerances for Finished Surfaces: Check tolerances by placing straightedge of
specified length anywhere on slab. Gap between slab and straightedge shall not exceed
tolerance listed for specified class.
Straightedge Tolerance
Class Length in Feet in Inches
A 10 1/8
B 10 1/4
C 2 1/4
E Raked Finish: After concrete has been placed,struck off,consolidated and leveled to
Class C tolerance,roughen surface before final set.Roughen with stiffbrushes or rakes
to depth of approximately 1/4 inch. Notify the Engineer prior to placing concrete
requiring initial raked surface finish so that acceptable raked finish standard may be
established for project. Protect raked,base-slab finish from contamination until time
of topping. Provide raked finish for following:
1. Surfaces to receive bonded concrete topping or fill.
2. Steep ramps, as noted on Plans.
3. Additional locations as noted on Plans.
F Float Finish:
1. After concrete.has been placed, struck off, consolidated and leveled, do not
work further until ready for floating. Begin floating when water sheen has
disappeared,or when mix has stiffened sufficiently to permit proper operation
of power-driven float. Consolidate surface with power-driven floats. Use hand
floating with wood or cork-faced floats in locations inaccessible to power-
driven machine and on small, isolated slabs.
2. After initial floating, re-check tolerance of surface with 10-foot straightedge
applied"at not less than two different angles. Cut down high spots and fill low
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spots to Class B tolerance. Immediately re-float slab to a uniform, smooth,
granular texture.
3. Provide float finish at locations not otherwise specified and not otherwise
indicated on Plans.
n
G Trowel Finish:
1. Apply float finish as previously specified. After power floating, use power
trowel to produce smooth surface which is relatively free of defects but which `l
may still contain some trowel marks. Do additional troweling by hand after
surface has hardened sufficiently. Do final troweling when ringing sound is
produced as trowel is moved over surface. Thoroughly consolidate surface by
hand troweling operations.
2. Produce finished surface free of trowel marks, uniform in texture and
appearance and conforming to Class A tolerance. On surfaces intended to
support floor coverings,remove defects which might show through covering by
grinding.
3. Provide trowel finish for floors which will receive floor covering and
additional locations indicated on Plans.
H Broom or Belt Finish:
1. Apply float finish as previously specified. Immediately after completing
floated finish, draw broom or burlap belt across surface to give coarse �l
transverse scored texture.
2. Provide broom or belt finish at locations indicated on Plans.
3.16 FINISHING SLABS AND SIMILAR FLAT SURFACES TO "F-NUMBER SYSTEM"
FINISH
A Shaping to Contour: Use strike-off templates or approved compacting-type screeds
riding on screed strips or edge forms to bring concrete surface to proper contour. Edge
forms and screeds: Conform to Section 03100 - Concrete Formwork.
B Consolidation and Leveling: Concrete to be consolidated shall be as dry as practicable.
Thoroughly consolidate concrete in slabs and use internal vibration in beams and "'
girders of framed slabs and along bulkheads of slabs on grade. Consolidate and level
slabs and floors with vibrating bridge screeds, roller pipe screeds or other approved
means. After consolidation and leveling,do not manipulate surfaces prior to finishing
operations.
C Tolerances for Finished Surfaces: Independent testing laboratory will check floor 'l
flatness and levelness in accordance with this Section,3.11F"Field Quality Control".
D Float Finish:
1. After concrete has been placed, struck off, consolidated and leveled, do not
work further until ready for floating. Begin floating when water sheen has
disappeared,or when mix has stiffened sufficiently to permit proper operation
of power-driven float. Consolidate surface with power-driven floats. Use hand
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CITY OF PEARLAND CAST-IN-PLACE CONCRETE
7
floating with wood or cork-faced floats in locations inaccessible to power-
)
driven machine and on small, isolated slabs.
L 2. Check tolerance of surface after initial floating with a 10-foot straightedge
applied at not less than two different angles. Cut down high spots and fill low
7 spots. Immediately refloat slab to uniform, smooth, granular texture to
FF20/FL17 tolerance, unless shown otherwise on Plans.
3. Provide "F-Number System" float finish at locations indicated on Plans.
7 E Trowel Finish:
1. Apply float finish as previously specified. After power floating, use power
7 trowel to produce smooth surface which is relatively free of defects but which
may still contain some trowel marks. Do additional trowelings by hand after
surface has hardened sufficiently. Do final troweling when ringing sound is
7 produced as trowel is moved over surface. Thoroughly consolidate surface by
hand troweling operations.
2. Produce finished surface free of trowel marks, uniform in texture and
7 appearance and conforming to an FF25/FL20 tolerance for slabs on grade and
FF25/FL17 for elevated slabs, unless shown otherwise on Plans. On surfaces
7 intended to support floor coverings, remove defects, which might show
through covering,by grinding.
3. Provide "F-Number System"trowel finish at locations indicated on Plans.
73 3.17 BONDED CONCRETE TOPPING AND FILL
7 A Surface Preparation:
1. Protect raked, base-slab finish from contamination until time of topping.
Mechanically remove oil, grease, asphalt, paint, clay stains or other
7 contaminants, leaving clean surface.
2. Prior to placement of topping or fill, thoroughly dampen roughened slab
surface and leave free of standing water. Immediately before topping or fill is
7 placed, scrub coat of bonding grout into surface. Do not allow grout to set or
L dry before topping or fill is placed.
7 B Concrete Fill:
1. Where concrete fill intersects a wall surface at an angle steeper than 45 degrees
from vertical, provide a 1.5-inch deep keyway in the wall at the point of
7 intersection; size keyway so that.no portion of the concrete fill is less than 1.5
� inches thick. Form keyway in new walls; create by saw cutting the top and
bottom lines and chipping in existing walls.
7 2. Apply wood float finish to surfaces of concrete fill.
3. Provide concrete fill at locations shown on Plans.
C Bonded Concrete Topping in Bottom of Clarifiers and Thickeners:
L• 1. Minimum thickness of concrete topping: 1 inch. Maximum thickness when
swept in by clarifier and thickener equipment: 3 inches.
7.J 2. Compact topping and fill by rolling or tamping,bring to established grade,and
L float. Topping grout placed on sloping slabs shall proceed uniformly from the
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CITY OF PEARLAND CAST-IN-PLACE CONCRETE
71
h bottom of the slab to the top,for the full width of the placement. Coat surface
with evaporation retardant as needed between finishing operations to prevent 'i
plastic shrinkage cracks.
3. Screed topping to true surface using installed equipment. Protect equipment
from damage during sweeping-in process. Perform sweeping-in process under 'l
supervision of equipment manufacturer's factory representative. After topping -
has been screeded, apply wood float finish. During finishing, do not apply
water, dry cement or mixture of dry cement and sand to the surface. fl
4. As soon as topping or fill finishing is completed, coat surface with curing '
compound. After the topping is set and sufficiently hard in clarifiers and where
required by the Engineer, fill the tank with sufficient water to cover the entire
floor for 14 days.
5. Provide bonded concrete topping in bottom of all clarifiers and thickeners. ,
3.18 EPDXY PENETRATING SEALER
A Surfaces to receive epoxy penetrating sealer: Apply wood float finish. Clean surface 7
and apply sealer in compliance with manufacturer's instructions.
B Rooms with concrete curbs or bases: Continue application of floor coating on curb or
base to its juncture with masonry wall. Rooms with solid concrete walls or wainscots:
Apply minimum 2-inch-high coverage of floor coating on vertical surface. '1
C Mask walls, doors, frames and similar surface to prevent floor coating contact.
D When coving floor coating up vertical concrete walls, curbs,bases or wainscots,use fl
masking tape or other suitable material to keep a neat level edge at top of cove.
E Provide epoxy penetrating sealer at locations indicated on Plans. 7
3.19 EPDXY FLOOR TOPPING
A Surfaces to receive epoxy floor topping: Apply wood float finish unless recommended
otherwise by epoxy floor topping manufacturer. Clean surface and apply epoxy floor
topping in compliance with manufacturer's recommendations and instructions.
Thickness of topping: 1/8 inch.
B Rooms with concrete curbs or bases: Continue application of floor coating on curb or 71
base to its juncture with masonry wall. Rooms with solid concrete walls or wainscots:
apply 2-inch-high coverage of floor coating on vertical surface.
C Mask walls, doors, frames and similar surfaces to prevent floor coating contact.
D When coving floor coating up vertical concrete walls, curbs, bases or wainscots,use 7
masking tape or other suitable material to keep a neat level edge at top of cove.
'} E Finished surface shall be free of trowel marks and dimples. fl
r
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F Provide epoxy floor topping at locations indicated on Plans.
3.20. SEALER/DUSTPROOFER
A Where sealer or sealer/dustproofer is indicated on Plans,just prior to completion of
construction, apply coat of specified clear sealer/dustproofing compound to exposed
interior concrete floors in accordance with manufacturer's instructions.
3.21 NONSLIP FINISH
A Apply float finish as specified. Apply two-thirds of required abrasive aggregate by
method that ensures even coverage without segregation and re-float. Apply remainder
of abrasive aggregate at right angles to first application, using heavier application of
aggregate in areas not sufficiently covered by first application. Re-float after second
application of aggregate and complete operations with troweled finish. Perform
finishing operations in a manner that will allow the abrasive aggregate to be exposed
and not covered with cement paste.
B Provide nonslip finish at locations indicated on Plans.
3.22 FIELD QUALITY CONTROL
A Field inspection and testing will be performed in accordance with ACI 301-
v� 99:Specifications for Structural Concrete-IP and under provisions of Sections 01440
—Inspection Services and Section 01450—Testing Laboratory Services.
B Provide free access to Work and cooperate with appointed firm.
C Submit proposed mix design to inspection and testing firm for review prior to
commencement of Work.
D Tests of cement and aggregates may be performed to ensure conformance with
specified requirements.
(El E Three concrete test cylinders will be taken for every 50 cu yds or less of concrete.
F One additional test cylinder will be taken during cold weather concreting,cured on job
site under same conditions as concrete it represents.
G One slump test will be taken for each set of test cylinders taken.
rH Provide the results of alkalinity tests of concrete used in sanitary structures. Provide
one test for each structure. These tests shall be performed by an independent testing
laboratory. Perform the test on the concrete covering reinforcing steel on the inside of
L the pipe or structure. Alkalinity tests are to be in accordance with Encyclopedia of
Industrial Chemical Analysis, Vol. 15, Page 230, Interscience Publishers Division,
-, John Wiley and Sons.
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CITY OF PEARLAND CAST-IN-PLACE CONCRETE
3.23 PATCHING
I
A Allow Engineer to inspect concrete surfaces immediately upon removal of forms.
B Excessive honeycomb or embedded debris in concrete is not acceptable. Notify
Engineer upon discovery.
C Patch imperfections in accordance with ACI 301-99:Specifications for Structural ri
Concrete-IP.
3.24 DEFECTIVE CONCRETE
A Defective Concrete: Concrete not conforming to required lines, details, dimensions,
tolerances or specified requirements.
B Repair or replacement of defective concrete will be determined by the Engineer.
C Do not patch, fill, touch-up,repair, or replace exposed concrete except upon express
direction of Engineer for each individual area.
3.25 CURING
A Comply with ACI 308.1-98:Standard Specifications for Curing Concrete. Cure by
preventing loss of moisture, rapid temperature change and mechanical injury for a
period of 7 curing days when Type II or IP cement has been used and for 3 curing days
when Type III cement has been used. Start curing as soon as free water has
disappeared from the concrete surface after placing and finishing. A curing day is any
calendar day in which the temperature is above 50 degrees F for at least 19 hours.
Colder days may be counted if air temperature adjacent to concrete is maintained
above 50 degrees F. In continued cold weather, when artificial heat is not provided,
removal of forms and shoring may be permitted at the end of calendar days equal to
twice the required number of curing days. However, leave soffit forms and shores in fl
place until concrete has reached the specified 28-day strength, unless directed
otherwise by the Engineer.
B Cure formed surfaces not requiring rub-finished surface by leaving forms in place for
the full curing period. Keep wood forms wet during the curing period. Add water as
needed for other types of forms. Or, at Contractor's option, forms may be removed
after 2 days and curing compound applied.
•
C Rubbed Finish:
1. At formed surfaces requiring rubbed finish, remove forms as soon as
practicable without damaging the surface.
2. After rub-finish operations are complete, continue curing formed surfaces by
using either approved curing/sealing compounds or moist cotton mats until
normal curing period is complete. ,_
D Unformed Surfaces: Cure by membrane curing compound method.
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CITY OF PEARLAND CAST-IN-PLACE CONCRETE
1. After concrete has received a final finish and surplus water sheen has
disappeared, immediately seal surface with a uniform coating of approved
curing compound, applied at the rate of coverage recommended by
manufacturer or as directed by the Engineer. Do not apply less than 1 gallon
per 180 square feet of area. Provide satisfactory means to properly control and
check rate of application of the compound.
2. Thoroughly agitate the compound during use and apply by means of approved
mechanical power pressure sprayers equipped with atomizing nozzles. For
application on small miscellaneous items,hand-powered spray equipment may
be used. Prevent loss of compound between nozzle and concrete surface
during spraying operations.
3. Do not apply compound to a dry surface. If concrete surface has become dry,
thoroughly moisten surface immediately prior to application. At locations
where coating shows discontinuities,pinholes or other defects,or if rain falls
on a newly coated surface before film has dried sufficiently to resist damage,
apply an additional coat of compound at the specified rate of coverage.
3.26- CURING MASS CONCRETE
A Observe the following additional restrictions when curing mass concrete.
1. Minimum curingperiod: 2 weeks.
2. When ambient air temperature falls below 32 degrees F, protect surface of
concrete against freezing.
3. Do not use steam or other curing methods that will add heat to concrete.
4. Keep forms and exposed concrete continuously wet for at least the first 48
hours after placing, and whenever surrounding air temperature is above 90
degrees F during final curing period.
5. During 2-week curing period,provide necessary controls to prevent ambient air
temperature immediately adjacent to concrete from falling more than 30
degrees F in 24 hours.
3.27 REMOVAL OF FORMS
A Time Limits:
1. When repair of surface defects or finishing is required before concrete is aged,
forms on vertical surfaces may be removed as soon as concrete has hardened
sufficiently to resist damage from removal operations.
2. Remove top forms on sloping surfaces of concrete as soon as concrete has
attained sufficient stiffness to prevent sagging. Loosen wood forms for wall
openings as soon as this can be accomplished without damage to concrete.
Leave formwork for-water-retaining structures in place for at least 2 days.
Formwork for non-water-retaining columns, walls, sides of beams and other
formwork components not supporting weight of concrete maybe removed after
12 hours, provided concrete has hardened sufficiently to resist damage from
removal operations, and provided removal of forms will not disturb members
✓ supporting weight of concrete.
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3. Forms and shoring supporting weight of concrete or construction loads: Leave
in place until concrete has reached minimum strength specified for removal of j
forms and shoring. Do not remove such forms in less than 4 days.
B Circular Paper or Spiral Tube Forms: Follow manufacturer's directions for form `l
removal. Take necessary precautions to prevent damage to concrete surface. When
removal is done before completion of curing time,replace form,tie in place, and seal
to retard escape of moisture.
C Removal Strength:
1. Control Tests: Suitable strength-control tests will be required as evidence that fl
concrete has attained specified strength for removal of formwork or shoring
supporting weight of concrete in beams, slabs and other structural members.
Furnish test cylinders and data to verify strength for early form removal.
a. Field-cured Test Cylinders: When field-cured test cylinders reach
specified removal strength,formwork or shoring maybe removed from
respective concrete placements.
b. Laboratory-cured Test Cylinders: When concrete has been cured as
specified for structural concrete for same time period required by
laboratory-cured cylinders to reach specified strength, formwork or
shoring may be removed from respective concrete placements.
Determine length of time that concrete has been cured by totaling the �+
days or fractions of days,not necessarily consecutive,during which air
temperature surrounding concrete is above 50 degrees F and concrete
has been damp or thoroughly sealed against evaporation and loss of
moisture.
2. Compressive Strengths: The minimum concrete compressive strength for
removal of formwork supporting weight of concrete is 75 percent of specified `l
minimum 28-day strength for class of concrete involved.
3.28 RESHORING
A When reshoring is permitted, plan operations in advance and obtain the Engineer's
approval of such operations. While reshoring is under way, keep live load off new
construction. Do not permit concrete in any beam, slab, column or other structural
member to be subjected to combined dead and construction loads in excess of loads
permitted for developed concrete strength at time of reshoring.
B Place reshores as soon as practicable after form-stripping operations are complete but
in no case later than end of day on which stripping occurs. Tighten reshores to carry
required loads without over stressing construction. Leave reshores in place until tests -
representative of concrete being supported have reached specified strength at time of
removal of formwork supporting weight of concrete.
C Floors supporting shores under newly-placed concrete: Leave original supporting
shores in place, or re-shore. Locate reshores directly under shore position above.
Extend reshoring over a sufficient number of stories to distribute weight of newly-
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- ) placed concrete,°forms and construction live loads in such manner that design
Lsuperimposed loads of floors supporting shores are not exceeded.
3.29 FORM REUSE
L
A Do not reuse forms that are worn or damaged beyond repair. Thoroughly clean and
7 recoat forms before reuse. For wood and plywood forms to be used for exposed
smooth finish,sand or otherwise dress concrete contact surface to original condition or
provide form liner facing material. For metal forms, straighten, remove dents and
7 clean to return forms to original condition.
TABLE 03100A
TOLERANCES FOR FORMED SURFACES CONCRETE IN.BUILDINGS**
rill,
L For any For any 20- Maximum for
Variation 10-foot foot length or Entire
7 From Variation In - length any bay Dimension
Lines and Surfaces . of Columns,. 1/4" 1"
Plumb or Piers, Walls and Arrises
7 Specified Exposed Corner Columns, Control -- - 1/4" 1/2"
Batter Joint Grooves, and Other
Conspicuous Lines
ED Slab Soffits, Ceilings, Beam Soffits, 1/4" 3/8" 3/4"
and Arrises (measured before
LEVEL OR removal of shores),
7 SPECIFIED GRADE Exposed Lintels, Sills, Parapets, - --
1/4" 1/2"
Horizontal Grooves and Other
7 Conspicuous Lines
DRAWING Position of Linear Building Lines, - - - 1/2" 1"
DIMENSIONS Columns, Walls and Partitions
7 Size and Location of Sleeves, Floor - - - - - - ±1/4"
Openings and Wall Openings •
Cross Section of Columns, Beams, - - - -- - +1/2", -1/4"
7 Slabs, and Walls
Footings* in Plan - - - - - - +2", -1/2"
Footing Misplacement or Eccentricity - - - - - - - 2%of Width
7 in Direction of Error(the lesser of) or 2"
Footing Thickness Decrease - - - - - - 5%
7 Footing Thickness Increase - - - - - - No Limit
Step Rise in Flight of Stairs - - - - - - ±1/8"
7 Step Tread in Flight of Stairs - - - - - - ±1/4"
Consecutive Step Rise - - - - - - ±1/16"
JConsecutive Step Tread - - - - - - ±1/8"
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*Footing tolerances apply to concrete dimensions only, not to positioning of vertical reinforcing
steel, dowels, or embedded items
**Includes water and wastewater process structures
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TABLE 03100B
TOLERANCE FOR FORMED SURFACES
CONCRETE IN BRIDGES,WHARVES AND MARINE STRUCTURES
VARIATION
FROM VARIATION IN MAXIMUM
PLUMB OR fl
SPECIFIED Surfaces of columns,piers and walls 1/2" in 10' -
BATTER
LEVEL OR Top surfaces of slabs See Section 03345
SPECIFIED
GRADE Top surfaces of curbs and railings 3/16"in 10'
DRAWING Cross section of columns, caps, walls, beams, and +1/2", -1/4"
DIMENSIONS similar members
Thickness of deck slabs +1/4", -1/8"
Size and location of slab and wall openings +1/2"
Footings in plan +2, -1/2"
Footing misplacement or eccentricity in direction of 2% of width or 2" 'i
error(the lesser of)
Footing thickness decrease 5%
Footing thickness increase No limit
Step rise in flight of stairs +1/8" fl
Step tread in flight of stairs ±1/4"
Consecutive step rise ±1/16"
Consecutive step tread ±1/8"
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CAST IN-PLACE CONCRETE
3.30 PROTECTION
A Protect concrete against damage until final acceptance by the Owner.
B Protect fresh concrete from damage due to rain, hail, sleet or snow. Provide such
protection while the concrete is still plastic and whenever such precipitation is
imminent or occurring.
C Do not backfill around concrete structures or subject them to design loadings until all
components of the structure needed to resist the loading are complete and have reached
the specified 28-day compressive strength, except as authorized otherwise by the
Engineer.
END OF SECTION
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