R2006-061 05-08-06 T68977
RESOLUTION NO. R2006-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AWARDING A BID FOR LANDSCAPING SERVICES
ASSOCIATED WITH THE BARRY ROSE AND McHARD ROAD
PROJECTS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City opened bids for landscaping services associated with the
Barry Rose and McHard Road Projects, and such bids have been reviewed and tabulated.
Section 2. That the City Council hereby awards the bid to Statewide Tree Service,
Inc., in the amount of $254,015.00.
Section 3. The City Manager or his designee is hereby authorized to execute a
contract for landscaping services associated with the Barry Rose and McHard Road
Projects.
PASSED, APPROVED and ADOPTED this the 8th day of May, A.D., 2006.
'1Thr~ 10
T 10
MAYOR
ATTEST:
APPROVED AS TO FORM:
w~~- - It, ~
DARRIN M. COKER
CITY ATTORNEY
EXHIBIT I
I 'A Ir
Section 00300 - Bid Proposal Form
Project No. T70022fI'68977
CITY OF PEARLAND -LANDSCAPE DEVELOPMENT OF BARRY ROSE ROAD
Pearland, Texas
Date: ~) ?.tY:J6
Bidder: ~'l 'ltd.D~ LCftoiVl$ \ Y\ l-
Address: 3~ tim' ?l6 M-1~IIJth:lJ~ rz-z54 b
To: CITY OF PEARLAND, TEXAs
3519 Liberty Drive
Pearland, Texas 77581
Having carefully examined the Standard Agreement, General Conditions, General Requirements,
Specifications and Drawings and Addenda prepared by James Carroll Kell- Landscape Architect, Inc,
for the construction of the above project and having ascertained all of the conditions affecting the
proposed work and having visited the site, we do hereby propose to furnish all supervision, labor, taxes,
permits, materials, transportation, services, equipment and incidentals necessary for the construction and
proper completion of the entire work called for by the above documents for the lump sum prices as
indicated below:
PLAN SET 1 (BARRY ROSE ROAD)
ITEM 1 - Landscape Installation
-;r.f-h~Jl6~.J S~ hlJrdr~~
ITEM 2 - Irrigation Installation
~o.-J 1f(156 ~ .ibuf'ht
ITEM 3 - Ninety Day Landscape Maintenance
~ho1~tMJ
-
DOllars($~O~ )
Dollars ($ 36/?I/<J ~ )
Dollars ($:,pCG."O..;Q )
SUBTOTAL, PLAN SET 1
'SBItiY1/,,( SY-, Iiious~ Nr/ffi' htl'{/rpJ AiM6ly DoDars ~ 71:74ffO ~
00300-1
PLAN SET 2 (McHARD ROAD)
ITEM 4 - Landscape Installation
./
Dollars ($ 6S/i1.f:j?fl )
ITEM 5 - Irrigation Installation
~J;~ MISdJ6iJ ~ h1.~
Dollars ($ IV) 200~
ITEM 6 - Ninety Day Landscape Maintenance
:Iho7D Il1alS.tlA~
Dollars ($ ~:VVO 1QQ )
SUBTOTAL, PLAN SET 2
Dollars ($ m, f)z. '5 0J2j
TOTAL BASE BID PROPOSAL
Total Bid Price shall be a cumulative total of items 1 - 6.
~ L-6
Dollars ($ 2'5r; O/~
1. UNIT PRICE LIST
When changes are ordered other than that identified in the base bid proposal involving extra cost above the
Contract Sum, and when such work has been approved in writing by the Owner and the Landscape Architect, the
successful bidder agrees that the contract sum shall be adjusted according the following unit prices.
Unit prices cover the cost of all work and materials in place complete per drawings and specifications
including but not limited to all labor, materials, equipment, freight, taxes, insurance, overhead, profit,
maintenance, and guarantee. All items in the unit price list shall meet all requirements of the plans and
specifications.
LANDSCAPE UNIT PRICE LIST
Refer to Plant List in the drawings for additional specifications.
ITEM
UNIT PRICE
3ifJO O-Oea.
3'50'U '0 ea.
5001f) ~a
f>ffiOO ea.
Lagerstroemia indica 'Country Red', 45 gallon
Lagerstroemia x 'Tuscarora', 45 gallon
Quercus shumardii, 65 gallon
~~C\lS vU'8W@'" (55 gallon
00300-2
(
Quercus macrocmpa, 65 gallon
I /./f / t')'O
~ea.
t/-75~ea
1)IS~a
~ 1'5~a
Quercus nigra, 65 gallon
Ulmus crassifolia, 65 gallon
Taxodium distichum, 65 gallon
2. LIST OF SUB-CONTRACTORS
A. Contractor shall list the names and addresses of all sub-contractors with whom he
intends to enter into Contracts for the execution of portions of the entire Work under
consideration. No substitutions of sub-contractors shall be made without Owner's written
permission.
B. Contractor understands that, ifhe fails to list a sub-contractor for any portion of the
Work, he shall be deemed to have agreed to do such Work with his own forces without
the employment of sub-contractors, unless he first obtains Owner's written approval.
C. SUB-CONTRACTOR LIST
rtM
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
3. ADDENDA RECENED
Receipt is hereby acknowledged of the following addenda:
Addendum #1 -
00300-3
Addendum #2--
Addendum #3 -
Addendum #4 -
4. SUBMITIED BY:
Name of Contractor: ~6f) ~1(j) ,tf\G'
Address:1':of;\hh1 r 62~~~~ 0 --n~ b
Phone No: 1.8 l-L/.1S2---C:fi7 '8
SignedbY(?~
License No.: 1--,/oor311J1
Title: Pf0JJrrn/1
Date: 4~o"'Ob
END OF SECTION
00300-4
Exhibit "A"
Resolution 2006-61 5/8/06
Project Manual
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LANDSCAPE DEVELOPMENT of .\
I
BARRY ROSE ROAD and MCHARD ROAD , :}li)
Project Number T70022/T68977"" ' .) ~:G "
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A Project by:
City of Pearland, Texas
3519 Liberty Drive
Pearland, Texas 77581
Mayor
Tom Reid
City Manager
Bill Eisen
City Engineer
Doug Kneupper
Parks and Recreation Director
Rhonda Cyrus
Council Members
Richard T etens
Woody Owens
Steve Saboe
Larry Marcott
Kevin Cole
Prepared by
James Carroll Kell- Landscape Architects, Inc.
2110 Briargreen Drive
Houston, Texas 77077 {'" ,\,\
832-379-0482 ~6~'
October 26, 2005
CITY OF PEARLAND
T ABLE OF CONTENTS
CITY OF PEARLAND
BRAZORIA COUNTY, TEXAS
LANDSCAPE DEVELOPMENT OF BARRY ROSE ROAD AND MCHARD ROAD
TABLE OF CONTENTS
CONTRACT DOCUMENTS
No. of Pal!es
The contract documents for the above referenced project are as follows: This Project Manual, all
required bonds, the Agreement between the City of Pearland and the contractor (A.I.A. Document
A1Ol), project drawings as prepared by James Carroll Kell- Landscape Architect, Inc., and any
addenda or change orders issued for the project.
GENERAL
00020
00110
00300
00700
00700-A
00700-B
Invitation to Bid........................................................................................ ...... 1
Instruction to Bidders .. ...... ................. ........... .... ......... ................ ................. ....8
Bid Proposal Form.. ........... ......... .............. ..... ...... ...................... ............ .......... 4
General Conditions....... ........................... ................. .............................. ........ ...... ......... 29
Attachment No.1 to General Conditions .................................................................... 3
Attachment No.2 to General Conditions .................................................................... 6
SUPPLEMENT ARY
00800
Special Conditions............. ................. ......................... ....... ...... .................. ........ ..... ........ 1
CITY OF PEARLAND
INVITATION TO BID
INVITATION TO BID
CITY OF PEARLAND, TEXAS
Bid No.: 2006-020
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., April 20, 2006, at which time they will be publicly opened and read aloud for
the construction of:
Barry Rose Road and
McHard Road Landscaping
Bid No.: 2006-020
This Project will entail installation oflandscaping and irrigation at two sites. The Work includes, but
is not limited to:
Barry Rose: approximately 75,500 sf of irrigation
30 45-gallon crape myrtle trees
49 65-gallon oak trees (various)
McHard: approximately 367,000 sf of irrigation
57 65-gallon oak trees (various)
24 65-gallon elm trees
19 65-gallon cypress trees
19 45-gallon crape myrtle trees
Information and Bid Documents: Copies of the Contract Documents, Plans, and Technical
Specifications are on file at the following location for review:
City of Pearl and
City Hall, Projects Department
3519 Liberty Drive
Pearland, Texas 77581
(281) 652-1756
These documents may be examined without charge. Bidders may purchase a complete set of the
Contract Documents, Plans, and Technical Specifications from the same location for $100 per set,
non-refundable. Partial sets will not be issued.
No 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.
Bidder'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. The Successful Bidder
must furnish Performance, Payment, and Maintenance Bonds as required by law upon an acceptable
000020-1
CITY OF PEARLAND
INVITATION TO BID
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 Pearl and, Texas.
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.
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 Pearl and, Projects Department, 3519 Liberty Drive, Pearland, TX 77581.
Questions may also be submitted by fax to 281-652-1706 or e-mail at iphan@ci.pearland.tx.us .
Purchasing Officer
Date
000020-2
CITY OF PEARLAND
Barry Rose Landscape
INSTRUCTION TO BIDDERS
SECTION 00110 - INSTRUCTIONS TO BIDDERS
1.1 BIDDING DOCUMENTS
A. All definitions set forth in the General Conditions, Section 00700, are applicable to this
section.
B. Bidding documents include the Invitation to Bid, Instructions to Bidders, Bid Form,
General Conditions, Special Conditions, Technical Specifications, Drawings, and any
Addenda which may be issued by the City during the Bid Period.
1.2 DEFINITION
A. A Bid is a completed and properly signed Bid Form in which the Bidder proposes to perform
the Work or designated portion of the Work for the sum or sums stipulated therein and
supported by information called for by the Bidding Documents.
B. A Base Bid is the sum or sums stated in the Bid for which the Bidder proposes to perform the
Work described as the base, to which may be added or deducted the sum or sums stated in the
alternate Bids.
C. An Alternate Bid is an amount stated in the Bid to be added to or deducted from the amount of
the Base Bid if the corresponding change in the scope of the Work or products or methods of
execution of the work described in the Bidding documents is accepted by the Owner.
D. A Unit Price is an amount stated in the Bid as a price per unit of Work described in the
Contract Documents which may be used to increase or decrease the contract amount.
E. A Bidder is one who submits a Bid for a Prime Contract with the Owner for the Work or a
designated portion of the Work described in the Contract Documents.
F. A Sub-Bidder is one who submits a Bid to a Bidder for performing a portion of the Work.
G. Addenda are written or graphic instruments issued by the Landscape Architect before the
execution of the Contract which modify or interpret the Bidding documents by additions,
deletions, clarifications, or corrections.
H. Owner shall mean the City of Pearl and, Texas.
0011 0-1
CITY OF PEARLAND
Barry Rose Landscape
INSTRUCTION TO BIDDERS
1.3 EXAMINATION OF SITE AND DOCUMENTS
A. Each Bidder shall visit the site of the proposed work and fully acquaint himself with the
conditions as they exist so that he may fully understand the facilities, difficulties, and
restrictions attending the execution of the work under the contract.
B. Each Bidder shall thoroughly examine and be familiar with the Drawings and the
Specifications. The failure of any bidder to receive or examine any form, instrument, or
document or to visit the site and acquaint himself with conditions there existing shall in no
way relieve the Bidder from any obligation with respect to his bid.
C. Explanations to Bidders: Any explanation desired by a bidder regarding the meaning or
interpretation of the invitation for bids, plans, specifications or other documents relating to
the performance of the work must be requested in writing and with sufficient time allowed
for reply to reach all bidders before the submission of their bids. Any interpretation made
will be in the form of an addendum and will be furnished to all prospective bidders.
Receipt of addenda by the bidder must be acknowledged on the bid form or by letter or
telegram received before the time for the opening of bids.
D. Oral explanations or instructions given before the award ofthe contract will not be binding
upon the Owner or their representatives.
1.4 BIDDERS REPRESENTATION
A. Each Bidder shall be solely responsible for verifying the numerical sequence and
completeness of each bidding document, including Addenda. If any page is missing,
duplicated, or indistinct, Bidder shall notify the Consultant.
B. Each Bidder, in submitting his proposal, represents that he has read and understands the
Bidding Documents and that his Bid is made in accordance therewith.
C. Each Bidder represents that he has visited the Site, familiarized himself with the local
conditions under which the work is to be performed, compared the site with Drawings and
Specifications, and satisfied himself of the conditions incidental to the Work.
1.5 BIDDING PROCEDURES
A. Sealed proposals will be received by the Owner at the time, date, and place as set forth in
the Advertisement for Bid.
B. All Bids shall be submitted in duplicate on unaltered Bid Forms supplied in this Project
Manual.
C. All blank spaces in the bid Form shall be filled in by typewriter or in black ink.
0011 0-2
CITY OF PEARLAND
Barry Rose Landscape
INSTRUCTION TO BIDDERS
D. All Bids will be sealed in opaque envelopes and hand delivered to the location stated in the
Advertisement for Bid. Bids received via electronic mail or facsimile will not be accepted.
E. All Bid envelopes will also be identified in the return address area with the Project Name,
Bidder's Name and address, and the words "Bid No. 2006-020 Enclosed".
F. The Owner will not be responsible for the premature opening of any Bids that are not
properly addressed and identified.
G. No Bids will be received at a date or time later than that set forth in the Advertisement for
bid.
H. In the case where there is a difference in the amount given in written words and the amount
shown in figures, the amount given in written words shall govern.
1. At the time set forth in the Advertisement for Bid, bids shall be opened by an officer of the
owner, read aloud, and recorded. Bidders will be permitted to attend Bid Opening.
J. All bids shall be signed by an officer of the company or Corporation submitting the bid
who is empowered to bind the company or Corporation to a Contract.
K. All Bids will be guaranteed for a period of sixty (60) days from date of Bid Opening.
1.6 QUALIFICATIONS OF BIDDERS:
A. Bidders shall submit with their bid, a properly executed Contractor's Qualification
Statement, A.LA. Document A-305 and/or properly documented experience record.
B. Bidders may be disqualified and their bids not considered for any of the following specific
reasons:
1. Reason for believing collusion exists among bidders.
2. The bidder being interested in any litigation against the Owner.
3. The bidder being in arrears on any existing contract or having defaulted on a previous
contract.
4. Lack of competency as revealed by the financial statement, experience and equipment,
questionnaires or qualification statement.
5. Uncompleted work which, in the judgment of the Owner, will prevent or hinder the
prompt completion of additional work if rewarded.
00110-3
CITY OF PEARLAND
Barry Rose Landscape
INSTRUCTION TO BIDDERS
C. The apparent low bidder shall submit to the City a confidential Financial Statement in a
sealed envelope along with insurance certificates and bonds.
1.7 BASIS OF BIDS:
The Bidder shall include all unit cost items and all alternatives shown on the Bid form; failure
to comply may be cause for rejection. No segregated bids or assignments will be considered.
1.8 PREPARATION OF BID:
Bidder shall submit his Bid on the forms furnished herein. All blank spaces in forms shall be
correctly filled in and the bidder shall state the prices, written in words and in figures. Where
there is discrepancy between the price written in words and the price written in figures, the
price written in words shall govern. If Bid is submitted by an individual, his name must be
signed by him or his duly authorized agent. If the Bid is submitted by a firm, association or
partnership, the name and address of each member must be given, and the bid must be signed
by an official or duly authorized agent. Powers of attorney authorizing agents or others to sign
bids must be properly certified and must be in writing and submitted with the bid.
1.9 BID GUARANTY:
A. No bid will be considered unless it is accompanied by a cashier's check on any State or
National Bank in Texas, or acceptable Bid Bond, payable unconditionally to the Owner.
The cashier's check or Bid Bond shall be in the amount of not less than five percent (5%)
of the total amount of the bid. The bid guaranty is required by the Owner as evidence of
good faith and as a guarantee that if awarded the contract, the bidder will execute the
contract and furnish the required bonds within ten (10) days after the bid is accepted. Said
bonds shall further guarantee that if the bid is withdrawn after the bids have been opened or
if the Contractor refuses to execute the contract in accordance with his bid, the Contractor
and the Surety shall become liable to the Owner for damages incurred.
B. As soon as prices have been tabulated for comparison of Bids, the Owner may, at his
discretion, return the bid guaranties accompanying the bid, which in its judgment, would
not be considered in the award; bid guaranties of the three best bids will be retained by the
Owner until the required contract and bonds have been executed, after which they will be
returned. No bid guaranties will be returned until at least ten (10) days have elapsed from
time of opening bids.
1.10 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND:
A. With the execution and delivery of the Contract, the Contractor shall furnish and file with
the Owner in the amount herein required, the following Surety Bonds:
1. Performance Bond: A good sufficient construction or performance bond in an amount
equal to 100 percent (100%) of the approximate total amount of the Contract, as
evidenced by the Bid tabulation or otherwise guaranteeing the full and faithful
00110-4
CITY OF PEARLAND
Barry Rose Landscape
INSTRUCTION TO BIDDERS
execution of the work and performance of the Contract in accordance with the Contract
Documents. This bond shall guarantee the repair and maintenance of all defects due to
faulty materials and workmanship that appear within a period of one (1) year from date
of completion and acceptance of the improvement by the Owner.
2. Payment Bond: A good and sufficient bond in an amount equal to 100 percent (100%)
of the approximate total amount of the Contract, as evidenced by the Bid tabulation or
otherwise, guaranteeing the full and proper protection of all claimants supplying labor
and materials in the prosecution of the work provided for in said Contract and for the
use of each such claimant.
B. No sureties will be accepted by the Owner who are now in default or delinquent on any
bonds or who are interested in any litigation against the Owner. All bonds shall be
executed by not less than one (1) corporate surety authorized to do business in the State of
Texas and acceptable to the Owner. Each bond shall be executed by the Contractor and the
Surety. Should any Surety on the Contract be determined unsatisfactory at any time by the
Owner, notice will be given to the Contractor to that effect, and the Contractor shall
immediately provide a new Surety satisfactory to the Owner. The Contract shall not be
operative nor will any payment be due or paid until approval of the bonds has been made to
the Owner.
1.11 FILING BIDS
No bid will be considered unless it is filed by the Contractor within the time limit for receiving
bids as stated in the Advertisement. Each bid shall be in a sealed envelope, plainly marked
with the word "Bid", and the name and description of the project as designated in the
Advertisement.
1.12 MODIFICATION AND WITHDRAWAL OF BIDS:
Bids may not be modified after submittal. Bidders may withdraw at any time before opening,
but may not resubmit them. No bid may be withdrawn or modified after bid opening except
where the award of the Contract has been delayed beyond thirty (30) days after date of bid.
1.13 OPENING BIDS:
The bids submitted will be opened at the time stated in the advertisement and shall thereafter
remain on file with the Owner.
1.14 IRREGULAR BIDS:
Bids will be considered irregular if they show any omissions, alternations of form, additions,
or conditions not requested, unauthorized alternate bids or irregularities of any kind. However,
the Owner reserves the right to waive any irregularities and to make the award in the best
interest ofthe Owner.
00110-5
CITY OF PEARLAND
Barry Rose Landscape
INSTRUCTION TO BIDDERS
1.15 REJECTION OF BIDS:
The bidder acknowledges the right of the Owner to reject any or all bids and to waive any
informality or irregularity in any bid received. In addition, the bidder recognizes the right of
the Owner to reject a bid if the bidder fails to furnish any required bid security, or to submit the
date required by the bidding documents, or if the bid is any way incomplete or irregular.
1.16 SUBMISSION OF POST-BID INFORMATION
A. The selected bidder shall, within ten (10) days thereafter, submit the following:
1. A designation of the work to be performed by the bidder with his own forces.
2. If applicable, a list of names of the Subcontractors or other persons or organizations
(including those who are to furnish materials or equipment fabricated to a special
design) proposed for such portions of the work as may be designated. The bidder will
be required to establish to the satisfaction of the Owner the reliability and responsibility
of the proposed Subcontractor's respective trades. Prior to the award of the Contract,
the owner will notify the bidder in writing if the owner, after due investigation, has
reasonable and substantial objection to any person or organization on such list. Ifthe
owner has a reasonable and substantial objection to any person or organization on the
list, and refuse in writing to accept such person or organization, the bidder may, at his
option, withdraw his bid without forfeiture of bid security, not withstanding anything to
the contract contained in Article 105. Paragraph C. If the bidder submits an acceptable
substitute with an increase in his bid price to cover the difference in cost occasioned by
such substitution, the Owner may, at his discretion, accept the increased bid price or he
may disqualify the bidder. Subcontractors and other persons and organizations
proposed by the bidder and accepted shall not be changed except with the written
approval of the Owner.
3. Performance and Payment Bonds
4. Insurance Certificates
1.17 AWARD OF CONTRACT:
After Bids are opened, the bids will be tabulated for comparison on the basis of the bid prices.
The Owner reserves the right to withhold the award of the Contract for a period of thirty (30)
days from the date of opening bids and no award will be made until the Owner is satisfied as to
the responsibilities of the low bidders. Until final award of the Contract, the Owner reserves
the right to reject any or all bids or proceed to do the work otherwise in the best interest of the
Owner.
00110-6
CITY OF PEARLAND
Barry Rose Landscape
INSTRUCTION TO BIDDERS
1.18 EXECUTION OF CONTRACT
The person or persons, partnership, company, firm, association or corporation to whom a
Contract is awarded shall within ten (10) days after such award, sign the necessary agreements
entering into the required Contract with the Owner. No Contract shall be binding on the Owner
until it has been executed by the Owner or his duly authorized representative, and delivered to
the Contractor.
1.19 FAILURE TO EXECUTE THE CONTRACT:
The failure to the Bidder to execute the required bonds or to sign the required Contract within
ten (10) days after the Contract is awarded shall be considered by the Owner as abandonment
of his bid, and the Owner may annul the award. By reason of the uncertainty ofthe market
prices of materials and labor, the impracticality and difficulty of determining accurately the
amount of damages accruing to the Owner by reason of said Bidder's failure to execute said
Bonds and Contract within ten (10) days, the bid guaranty accompanying the bid shall be the
agreed amount of damages which the Owner will suffer by reason of such failure to execute
the Contract. The filing of a Bid will be considered as an acceptance of this provision.
1.20 EXEMPTION FROM SALES TAX ON MATERIALS:
The Owner qualifies for exemption from State and Local Sales Tax. The Owner will furnish
the Contractor a Sales Exemption Certificate for the purchasing of eligible materials required
for the project. The Contract between the Owner and the Contractor will contain separate
amounts, specifically stated, for the following:
A. Labor, overhead and profit.
B. Materials to be incorporated into the construction project. The successful bidder shall
ascertain the amounts applicable to the above classification which amount will be
incorporated in the 'Contract.
1.21 EQUAL OPPORTUNITY CLAUSE:
A. The Contractor is required to comply with regulations issued pursuant to the Civil Rights
Act of 1964 with respect to nondiscrimination in federally assisted programs of the
Department of the Interior.
B. During the performance ofthis contract, the Contractor agrees as follows:
1. The Contractor will not discriminate against any employee or applicant for
employment because of race, creed, color or national origin. The Contractor will take
affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, creed, color, or national origin.
Such action shall include, but not be limited to, the following: employment, upgrading,
demotion, or transfer; recruitment advertising, layoff or termination; rates of payor
0011 0-7
CITY OF PEARLAND
Barry Rose Landscape
INSTRUCTION TO BIDDERS
other forms of compensation; and selection of training, including apprenticeship. The
Contractor agrees to post in conspicuous places, available to employees and applicants
for employment, notices to be provided by the contracting officer setting forth the
provisions of the nondiscrimination clause.
2. The Contractor will, in all solicitations or advertisements for employees placed by or
on behalf of the Contractor, state that all qualified applicants will receive consideration
for employment without regard to race, creed, color, or national origin.
3. The Contractor will send to each labor union or representative of workers with which
he has a collective bargaining or other contract or understanding, a notice, to be
provided by the agency contracting officer, advising the labor union or workers'
representative of the Contractor's commitments under Section 202 of Executive Order
No. 11246 of September 24, 1965, and shall post copies ofthe notice in conspicuous
places available to employees and applicants for employment.
4. The Contractor will comply with all provisions of Executive Order No. 11246 of
September 24, 1965, and of the rules, regulations and relevant orders of the Secretary
of Labor.
5. The Contractor will furnish all information and reports required by Executive Order
No. 11246 of September 24, 1965, and by the rules, regulations and order of the
Secretary of Labor, or pursuant thereto and will permit access to his books, records and
accounts by the contracting agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations and order.
6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of
this contract or with any such rules, regulations or orders, this contract may be
canceled, terminated, or suspended in whole or in part and the contractor may be
declared ineligible for further government contracts in accordance with procedures
authorized in Executive Order No. 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order No.
11246 of September 24, 1965, or by rule, regulation or order of the Secretary of Labor,
or as otherwise provided by law.
7. The Contractor will include the provisions of Paragraphs (1) through (7) in every
subcontract or purchase order unless exempted by rules, regulations or orders of the
Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontractor or
vendor. The Contractor will take such action with respect to any subcontract or
purchase order as the contracting agency may direct as a means of enforcing such
provisions, including sanctions for noncompliance.
END OF INSTRUCTIONS TO BIDDERS
00110-8
Section 00300 - Bid Proposal Form
Project No. T70022fT68977
CITY OF PEARLAND -LANDSCAPE DEVELOPMENT OF BARRY ROSE ROAD
Pearland, Texas
Date: ~) '2006
Bidder: ~k ~l'dD ~ L~n/YLD \ y'\t.-
Address: '3~ m ?l6 M-.~tJsI1Jf'J:JJ~ rt'764h
To: CI1Y OF PEARLAND, TEXAs
3519 Liberty Drive
Pearland, Texas 77581
Having carefully examined the Standard Agreement, General Conditions, General Requirements,
Specifications and Drawings and Addenda prepared by James Carroll Kell- Landscape Architect, Inc,
for the construction of the above project and having ascertained all of the conditions affecting the
proposed worlc and having visited the site, we do hereby propose to furnish all supervision, labor, taxes,
pemrits, materials, transportation, services, equipment and incidentals necessary for the construction and
proper completion of the entire work called for by the above documents for the lmnp sum prices as
indicated below:
PLAN SET 1 (BARRY ROSE ROAD)
ITEM 1 - Landscape Installation
--rr.r-h~6~~ S~ h'~
ITEM 2 - Irrigation Installation
~b.'\i~ 1h(1f~J .IbuPhJ
ITEM 3 - Ninety Day Landscape Maintenance
--=n; C66lhot~jMJ
Dollars($~O~ )
Dollars ($ 36/?:I/<J ~ )
Dollars ($:'f)~.>Q,;Q )
SUBTOTAL, PLAN SET 1
SfJ/fM/,,{ 5t~lhou!'w4 tJr>rtJh~~ AiI'll6Jy DoDars($7l?'NO~
00300-1
PLAN SET 2 (McHARD ROAD)
Dollars ($ 6S,'l~)
ITEM 5 - Irrigation Installation
~1;~Ml~~ ~ht~
Dollars ($ IV) 200~
ITEM 6 - Ninety Day Landscape Maintenance
:Iho7D ~S~~
Dollars ($ 3i)'OO'QQ )
SUBTOTAL, PLAN SET 2
Dollars ($ rf7, oz.'6~
TOTAL BASE BID PROPOSAL
Total Bid Price shall be a cumulative total of items 1 - 6.
-C ~6
Dollars ($ 2'5f}OIfft?t-
1. UNIT PRICE LIST
When changes are ordered other than that identified in the base bid proposal involving extra cost above the
Contract Sum, and when such work has been approved in writing by the Owner and the Landscape Architect, the
successful bidder agrees that the coirtract sum shall be adjusted according the following unit prices.
Unit prices cover the cost of all work and materials in place complete per drawings and specifications
including but not limited to all labor, materials, equipment, freight, taxes, insurance, overhead, profit,
maintenance, and guarantee. All items in the unit price list shall meet all requirements of the plans and
specifications.
LANDSCAPE UNIT PRICE LIST
Refer to Plant List in the drawings for additional specifications.
ITEM
UNIT PRICE
'660 c-'Oea.
3'SO~ Oea.
500-0 ~a.
57)()oo ea.
Lagerstroemia indica 'Country Red', 45 gallon
Lagerstroemia x 'Tuscarora', 45 gallon
Quercus shumardii, 65 gallon
~~C\lS vWgW~~ (:i5 gallon
003 00-2
r
Quercus macrocarpa, 65 gallon
1/-"1/ ~
~ea.
t/-75~ea.
'flS~a.
i 1~~a.
Quercus nigra, 65 gallon
Ulmus crassifolia, 65 gallon
Taxodium distichum, 65 gallon
2. LIST OF SUB-CONTRACTORS
A. Contractor shall list the names and addresses of all sub-contractors with whom he
intends to enter into Contracts for the execution of portions of the entire Work under
consideration. No substitutions of sub-contractors shall be made without Owner's written
penmsslOn.
B. Contractor understands that, ifhe fails to list a sub-contractor for any portion of the
Work, he shall be deemed to have agreed to do such Work with his own forces without
the employment of sub-contractors, unless he :first obtains Owner's written approval.
C. SUB-CONTRACTOR LIST
JtM
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
NAME:
ADDRESS:
3. ADDENDARECENED
Receipt is hereby acknowledged of the following addenda:
Addendum #1-
00300-3
Addendum #2 .'-
Addendum #3 -
Addendum #4 -
4. SUBMITTED BY:
Name of Contractor: ~6tl ~~ J VIe.,.
Address:1':08Fn1,62~ .f1-~()Qt\!W -n~b
Phone No: 2e/-L/.~'2-'r:A78
Signed bY~ Title: ~lelJl1'lJ!.
License No.: ~J 60/'?r31
Date: 4-'2.0... Db
END OF SECTION
, .
/'-.
Cl2. i:"
00300-4
~Wf
Western Surety Company
BID BOND
(Percentage)
!iQmLNumber: .7Q087062_
KNOW ALL PERSONS BY THESE PRESENTS, That we Statewide Tree S~rvi~. IQL_.
._ __ of
3508 Fm .528, Friendawood, ..TX 7754~_
referred to as the Principal, and Western Surety Company--
as Surety, are held and firmly bound unto c.it..1Lof Eearland._
of 3519 Liberty Dr.., Pearland, TU7581__
_ . hereinafter
hereinafter referred to as the Obligee. in the sum of _. . Five.. _( _ 5_%) percent of the greatest
amount bid, for the payment of which we bind ourselves. our legal representatives. successors and assigns, jointly
and severally, firmly by these presents.
WHEREAS. Principal has submitted or is about to submit a proposal to Obligee on a contract for
Landscaping. On Bary Ross & Me. Hard R~
NOW, THEREFORE, if the said contract be awarded to Principal and Principal shall. within such time as may be
specified, enter into the contract in writing and give such bond or bonds as may be specified in the bidding or
contract documents with surety acceptatlle to Obligee; or jf Principal shall fail to do so, pay to Obligee the
damages which Obligee may suffer by reason of such failure not exceeding the penalty of this bond, then this
obligation shall be void; otherwise to remain in full force and effect
SIGNED, SEALED AND DATED this .._:lOth._ day of .__ Apri.!...._..
..~ooe;;
Statewide Tree Service, Inc.
-~(P- ,,- -
By .(1..___ ~J'__ISeal)
By _
Ria w. Stew~:r.:t
(Seal)
Atto~y.il1-F:<!Gt
Form 1'5676
r~n1-^r-r"'An
^'\~_lnc:: \HI,")
WM ~O:10 Rl-JdV-9002
Western Surety Company
POWER OF A'fTORNEY - CERTIFIED COpy
Bond No. _ 700870~
Know All Men Hy These Pro~lln4l, that WESTERN SURTITY COMPANY. a corporation duly ol'gQn~ed and ,,:>risting under the
ltlw~ of the St.lt" of South Dtlkotll, and having its princip~ offie.. in Sioux FlIlle. South Dakota (the .Colupllny"), doGS by theso pTeseuts
lMke, constitute llIld appoint ..Ri.c.... W. 1it.awart__. ._ _
its trUE! lInd lawfullltt~rney(s)-in-fl\ct, with full power and llllthority hereby conferred, to I!xecute, IIckTlowledge Hod dolivtlr for and on
its bohalf l\S Surety, bunds for:
Principal: Statewide Tree Service, Inc.
Obligee: Ci ty of pearland
Amount: $500,000.00
ami to bind the CompAny thereby Il.~ fully and to the ellme ext"nt 1\3 if such bonds were 8ignGd by the Benim' VieD PreeidenL, llealed
with the COrporate seal of t.he COlnpllny and d\lly Httestcd by ita Seeratlll'Y, hel'olly l'l\C;Uying IInd confirming all that the Ilaid
IItto,'ncy(s}.i11.fal..1; may do within the abov~ lltRted limitlltions, Bllid appohltment is mllde ~ndcl' nnd by authority of the followin(t
bylaw of Western SUl'ety Company which relllllinll in full fore" IInd effect.
"Section 7. All bonds, jlolicies. undol'tlllcin~. PowerH of Attol'J1E!y 01' othar uhlill1ltiOlll; of t.he cOl'puI'/lf.ion shnll be elCocuted in the
corporate n..me of the CumplIlIY by th" .Preaident, Sec;retary. any Assistant. Secretary, Tl'eaSUrElr, or illlY Vice Prcsid"nt or by l:Iuch
other officers as the Roard of Directol's way authorize. 'Ch" Pl'esidont, lIny Viea President, SI!CI'l!tary. flny Assistant Seo'oblt'y, or th"
Trea8uror lMY appoint Attorneys in Fact. or agents wno shnl! hll"l! authority to i55\\0 bunde, poJici"lI, or lIlldert.llkings in the name of
tho Company, The l:orpOl'atc liefl} is not l1llC8SHII\'Y for Ule Vlllidity of 1m)' bonds, pl)lides, Undertakings, Powers of Attornoy ur othor
obligations oC the col]lorntion. The sigMluTl! of any such officcr nnd the COrpill'flte seal mllY be Pl'illtl!d by fac:simile:
Allllut!lOl'ity hereby conferred IIhall expire Hnd teJ:minllte, without Nlticc, unl"Nlj ~aed bGfure midnight of ~y .~
2006 , b\lt tmti! such time shall he irrevocable and in filII fin'ce and affect.
I.n Witne8s W!lQnlUf, Westem SUl,'ety Compltny has CllUlled thaso prellellts to be signed by itll Seninr Vice Prellident. PlIul T.
Bl'ntlat, an!tJ.\qIl1Slij!ornt" lll!1ll to bo al'fixed this _~ day of ... .--Ap;rq__. .~OOEi
!\,....'~U~Er;'r.;,JI'. ~
~~ ~,.........-.....~Q\. WE S l SUR E
~~., ~Off. "~~
~~f~9~ ~iYii J r1
~ ~""" 'Z= __ _ _
;~~. .lL.~ .i:,(5 PllulT.Bl'llflo.
-:e. Jt\ ~II:A\lP....~~
ST~~~OllTt&~G~A } ss
COUNTY'Q);tM#r.~ffAHA
011 thill _~th _ day of _.Ap..ril_ , in the yeal' .-2.!l.06 '. before me. a notnry pllblic, per80unlly l\p~Qd
.Paul 'r. Bruflllt. who bein~ to me duly llWorn, aeknClwledgad that he signed the alll)ve POWlll. uf AttorMy lie thll nforesaid l.flicer of
WES1'ERN SURETY COMPANY and l\cknowlGdl;ed said instrument to hI! the VOluntlll'Y act nnd decd~ 01; lid carpol'lItton,
.~~-~~~~~~--~,~~;~,-~~~~~+ {}2
~ 8
i D. KRELL i .
~~~'i':t ~~~@$ - --. - - .- otHry P~blic . 50\;tl1 Dakot;"
~ I:
+~"'~""''''''''''''&'..,.,...._..~ctct..,,, .
My Commission expires November 30, 2006
r t.he \llldorHi~ned offiellr ufWestarn SLlrety Colnpllny, a stock corpo1'lltion of the State of South Dakobl, do horeby certify that the
att.l(:hed POWllr uf Attoi'noy ill in t\tllto1'c" and ef/hct lInd is irtevocablc, IInd furthlll.mOl'e, that Section 70fthe bylnwll ofthl! Company
os ...eto forth in thll Powcr of Attorney ~ rnlW in mrCll.
In t~!Itimony WhGr1!of. I havg hereunto set my hlll1d find Ileal ofWestCl'll. Surety CoIllJlIlIlY this . _ __20th._ _._ day of
Anril ,>nn6
_'-='. - ,.~~ . WES~ SURE Y COMPANY
--~.U __
l'o.u} '1'. Brullo.t ernor Vi!."!! Presidl!nt
Form FS:.106-4.201l2
rf"'\r\1-l"\rrr'f'\f"'l
^"\~.lnC' '.nT"
T.T -1 ("" " ~ T f\.
OT_ trlu_nrd....?
C'NASURETY
~ IMPORTANT NOTICE
To obtain information or make acomplaint:
G You may call CNA Surety's toll-free telephone number for information OJ,' to make a
complaint at
1-800-331-6053
& You may also write to CNA Surety at
P.O. Box 655908
Dallas, TX 75265-5908
or
P.O. Box 5077
Sioux Falls, SD 57117-5077
@ You may contact the Texas Department of Insurance to obtain information on
companies, coverages, rights or complaints at
1-800-252-3439
C You may write t.he Texas Department of Insurance
P,O. Box 149104
Austin, TX 78714-9104
FAX # (512) 475.1771
~ PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium or about a claim, you should
contact the agent first. If the dispute is not resolved, you may contact the Texas
Department of Insm,'ance.
o ATTACH THIS NOTICE TO YOUR POLICY OR BOND:
This notice is for iniormation only and does not become a part or condition of the
att.ached document.
Form 1921).9'200<l
r"'t"\r\L-I'\r-r-f""'r\n
I:,,;:;.rnc- Uti""
U~ ~n:Tn OT-Jdv-onn7
State of Texas
Claim Notice Endorsement
To be attached to and form a part of Bond No. 70087.062
In accordance with.<Se<?tion 2253.021 (f) of the Texas' ; Government Code and
Section 5~:~92(6) ofthe".Tex~s Property Code any noti~e,of ql~im to the named
surety under this bond(s) should be sent to:
CNA Surety
333 South Wabash
Chicago, IL 60604
Telephone: (~12) 822-5000
Fo(lt1 F8944
i""n/"'\L"'-'''''''''',,",i'''"l
A'"'-..:::!o t"",-. 'IT.''''''
TT 1 r""1"\' Tn
r"\T t...-f,., r"o""",r'")
2006-Jun-15 11:59 AM CNA Surety 6053304685
'111
Western Surety COmpany
POWER OF A'lvl'ORNEY - CERTIFIED COpy
Bond No.
70~lS6~2
Know All Mell By These 1>l'll!lOlnte, that WKSTTmN SURETY COMPANY, a Cllrllt.l1:ation duly orl:,'lInited and GXillt.ing und..r t.he
la\Vsufthe State or Snut.h Dakota, amI having its plinl:iPIlI office iA Sioux Vl\lla. South. Dakota (the .Coml'~ny'). docs by these present-lj
make. (:ol\lltitutc and IlJlJlC)jnt -R.i.c w_ ~tpwArt
its tIll!'! Hnd lawftl.l attorn;oy(s}-in.mct, wlt.h full POWO!' 111\<1 Il\.lthority herllhy conferred, to llXf!f:ute, acknowledge aud dlllivei' for and On
its bolt'll!' Hll Surety. h01\llll fur:
Pr.mcipw: Statewide Tree servico, Inc.
ObligQ!!: City of Pearland
1\mOlwt: $500,000.00
aud 1.0 bind the Company th..reby as thlly >lnd to the 5.'lme Ilxt.l!nt all if such Lund:! were sigtIGd by t.he Senior Vice PresidcIll, I!l!llled
with the """Porate seal of th.. COlnp;lny nud d\.l~v attested by ire Secretary, he:.'t!by ratifYing olnd confirming 1111 that thll NI\;d
attorneY(li}-in-fltct may do within t.h.e above !>toLllll limitations. Snid Jlppointmcut is mllde under aud hy fluthol'ity of the followinv;
!)yl:lw ofWcslAlrn Surety CompaIly which remains in full lince and efiecl.
"Section 7, All bonds, ptllic:ip.ll, Ilndertaltin~ J>o\Yel'S of Attorney 0.,. other oblignLiulUl of the COrporQtion shall be ex""uted in the
COX-pt)Tllte name of the Gompany by thl! P"'llident, Sccrelnry, any A8sistant S...":etazy. l.'reas\lr..r. or any Viee Prel/ident or by ~uch
other officer;; 'I>! the Board of DirP',;t.Qt8 may auUIIIT17.t!. The President, llD.}' Vice Pres..id,mt. SeCl'ctary, any All8jl!tant SeCtet.llry, or the
'l're'll/Urer may appoint. Attorneys in 1o'nct Ill; agents who shan hllve authority tn '''lIue bonds, p(,liClell. 01' \\ndcl'takin~H in the n/l.mp. of
the Company. The cOl'pol'ate lied ill not UCCCSSlll'y fnr the validity of lIny bonds, policiell, undertakings, Power" of AttOl'Il11y or other
ob1.ignbtlnS of the corpomt.iQn. The signaturf! of any such oITicl!r !lnd the corporll.1:I! N"lIl may be prinl:l!lll>y facl!imilc.'
All authority hereby c01UOHed "hall expirellnll t.amninate, withoul, not.il:e, unless \1.~lld before midnight tiC _O<;:tober 14
~ 006 , but unti16uch time shall he irrevocable llnd in full toree 3.!ld I!ffi!r.t..
In Witn9AA Whereof, WOSt9rn Surety C01llp'Iny ha6 caused tllll~p. pl'eeents to bol Ilit;ned by its Soninr Vice President, Paul T.
Hruflllt, ~~II1:lIte seal to be Ilffixed this J,.4th day 01 Junl"l 2006
~\'I!. ~~E "'''';:'J.'4"
~~". C; ...-......... C"
#,;'1(".... .....Q~
~$/ a.\>OI/~ t\>~~
:::~~ O~ ,~ ':,-"V'"
~~:~ ~.n:'P1lO
!:UI~ :;.c::!
~~:. (l.\. !-y.('!:
* ~~"'~ It ~ "./:i
S'l~ ~O," . ~ ~TA } Ill!
COUN ...
On this _14 t_~ day 01 _. .Jl1np- . in the year.. ?~, bc.1bc.. me, :I notary pullJi<:, personally 'Appeared
Paul T. .t3rltflat, who tlBinll' to me dUly "worn. acknowlEid~ that he Sigllllll the above 1'owo1' of Attorney nil the aforesaid office!' of
WE..c;TRRN SURETY GOMP ANY and IJCkllowledged sai,l inllt.T1lment to be t.hf! voluntary nct land deed of s . d '~lrIlOl'ation.
.-~~~~,~~~~~~~~~~~-~~~~.
$ o. KRELL ~
1 ~
~NOTARYPUBUC~~
~~sotrrH DAKOTA i
+~~~~;~~~~~~~~~~~~~~~~-~+
My Commissloll ExpIres November 30. 2006
l the undersigned officer of Wll\lt-l'nl Surety Compllny, a stock corpo.,./ltioll of the Stllre of South D'lk(lt.a, clo hereby l:t!rtUy thal the
llu"C'hed Powelr of Att.orney is in full force and errect /Inri is irrllvocll.blf!, and furthennllrf!, that Seetinn 7 of the bybwll .,f the COlll!ll1ny
QIl ~I!t forth ill the Power of Attorney ill now in lhn::e.
In tll~llmOllY whereof, 1 hllve hCrC\Ullll ~"t my hand aud "f!lIJ ofWcstC1'u SUl'f:!ty Company this 14 th day of
June ---2006
.. . -. - WE~ ~gY COMPANY
Patt! '1'. Bl'uflllt. 'cnio,' Vi"f! l'regidctlt
Form F53uB.4-2002
2006-Jun-15 11:59 AM CNA Surety 6053304685
~
Western Surety Company
'::JU
PAYMENT BOND
Bond Number:
70115612
KNOW ALL PERSONS BY THESE PRESENTS, That we Stat:ewi de T;ree Service,
Inc
3508 Fm.52B, Friendswood, TX 77546
_ __ of
. hereinafter
referred to as the Principal, and __
as Surety, are held and firmly bound unto
.Western Surc~t:,y Company
City ot pearland
of
3519 Lil;>ert.y. Dr.., Pea~.land, 'l'X 77581
. __, hereinafter
referred to as the Obligee, in the sum Of.Two._ Hundred Fi.fty:-Four 'rhou6and Fif.teen an!! 00/] 00
Dollars ($254,015.00._). for the payment of which we bind ourselves, our legal representatives. successors
and assigns, jointly and severally, firmly by these presents.
WHEREAS. Principal has entered into a contract with Obligee, dated
,for ~ndzcape DeVelopment of Barxy RO~~ Rd.
day of_
copy of which contract is by reference made a part hereof.
NOW, THEREFORE. if Principal shall. in accordance with applicable Statutes, promptly make payment to all
persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all
duly authorized modifICations of said contract that may hereafter be made!, notice of which modifications to Surety
being waived, then this obligation to be void; otherwise to remain in full force and effect.
No suit or action shall be commenced hereunder
(a) After the expiration of one (1) year following the date on which Principal ceased work on said contract it
being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling
the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum
period of limitation permitted by such law.
(b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of
the state in which the project, or any part thereof, is situated, or in the United States District Court for the
district in which the project, or any part thereof, is situated, and not elsewhere.
The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith
hereunder.
SIGNED, SEALED AND DATED this.
14th day of
Ju~)e __, __?OOFL-.
- (Seal)
WestEl=l;/)>u~et~ COtl~? ;' _
1:. /' ,I ,1,. ,.1rety) ./
./: /' ,:/ ~:~ -''-. --./r--
By ~:f- //~4~L--~
Ric w. S~~w",:::j;
._ (Seal)
Attorney-in-F as!.-
~UOb-Jun-l~ 11:~~ AM CNA Surety 6U~jj046tl~
~~
Western Surety Company
4/1
----
PERFORMANCE BOND
Bond Number: 70115612
KNOW ALL PERSONS BY THESE PRESENTS, That we Statewide Tree Serv;i.c:e. Inc.
of
3S0SFm 528, Fri~~dswood, TX 77546
, hereinafter
referred to as the Principal, and
Western Surety Company
as Surety, are held and firmly bound unto _.. City of Pearlagd
of. 3519 Libertv Dr.. Pearland, TX 77581
n_' hereinafter
referred to as the Obligee, in the sum of ~ Hundred Fi,fty.::Four Thou~and Fifteen apd 00/100
Dollars ($ 2~.i.. 015.00 ), for the payment of which we bind ourselvl~s, our legal representatives, successors
and assigns, jointly and severally. firmly by these presents.
WHEREAS, Principal has entered into a contract with Obligee. dated the
m_' for LandscapEL,Dl'?:velopmf:.nt of BA.:r.l:"Y Rose Rd.
day of
NOW, THERE;FORE, if the Principal shaH faithfully perform such contract or shall indemnify and save harmless
the Obligee from all cost and damage by reason of Principal's failure so tel do. then this obligation shall be null and
void; otherwise it shall remain in full force and effect
ANY PROCEEDING, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located and shalt be instituted within two years after Contractor
Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails
to perform its obligations under this Bond, whichever occurs first If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit
shall be applicable.
NO RIGHT OF ACTION shall aCCrue on this Bond to or for the use of any person or corporation other than the
Obligee named herein or the heirs, executors. administrators or successors of the Obligee.
SIGNED, SEALED AND DATED this.
14th day of
Jun.e
2006
Statewide T;ree Service, J:nc.
(Principal)
By
~
--
(Seal)
West.e:r.n et CO.ll1parr:io!
j ./ / (Stl~tY) /
I', . i' / ./ L
. . (.., .- ~_._-
By _... K;/.!r ~/_l?lf;:e_- .._(Seal)
R:cc W. :::;tQwar~ Atlorney-in.Fa.~""'-
Form F4S97
2006-Jun-15 11:58 AM CNA Surety 6U~jjU46tlJ
C.f {
CNASUREnt
~ IMPORTANT NOTICE
To obtain information or make a complaint:
~ You may Cfl.Jl CNA Surety's toll-free telephone number for information or to m.ake a
complaint at
1.-800-331-6053
@ You may also write to CNA Surety at
P.O. Box 655908
D::.l.lla.s, TX 75265-5908
or
P.O. Box 5077
Sioux Falls, SD 57117-5077
o You may contact the Texas Depa.rtment of Insurance to obtain information on
cOInpanies, coverages, rights or compla.i.nts at
1-800-252-3439
(Ll You may write the Texas Department of InsllI'ance
P.O. Box 149104
Austin, TX 78714-9104
FAX # (512) 475-1771
(,') PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium Or about a claim, you should
contact the agent first. If the dispu.te is not resolved, YOt.t may contact the Texas
Department of Insurance.
o ATTACH THIS NOTICE TO YOUR POLICY OR nON)):
This notiCt~ is for information only and does not become l:l. part or condition of the
attached dO(;umenL
porm 192'l.9-2uo~
2006-Jun-15 11:58 AM CNA Surety 6Ujjj046~J
.:J f (
State of Texas
Claim Notice Endorsement
To be attached to and fonn a part of Bond No. 7011~?12
In accordance withSe~on 2253.021 (f) of the T,exas, Government Code and
Section 53.202(6) ofthe'Texas Property Code any notice. of claim to tl1e named
surety under "this bond(s) should be sent to: . . , .
CNA Surety
333 South Wabash
Chicago, IL 60604
Telephone: (312) 822-f.iOOO
f'onn FG~..
CITY OF PEARLAND
AGREEMENT BETWEEN OWNER AND CONTRACTOR
Section 00510
AGREEMENT BETWEEN OWNER AND CONTRACTOR
THIS AGREEMENT is dated as of the ~+~ day of 11111.4 " in the year 2006 by and
between the City of Pearl and, Texas (hereinafter called OWNER) andSTATEu'u\t:ir.:.EE SL'12V'.('L
/Al{!, (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
Article 1. WORK.
1.1 CONTRACTOR shall perform the Work in a good and workmanlike manner and in the best way
and most expeditious and economical manner consistent with the interests of the OWNER, shall
exercise the degree of care, skill, and diligence in the performance of the Work in accordance with
and consistent with industry standards for similar circumstances, shall utilize its best skill, efforts,
and judgment in furthering the interests of the OWNER, and shall furnish efficient business
administration and supervision (collectively, CONTRACTOR's "Standard of Care").
1.2. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents.
The Work is generally described as follows:
LANDSCAPE DEVELOPMENT OF BARRY ROSE ROAD AND MCHARD ROAD
COP Bid No: 2006-020
Article 2. ENGINEER.
The Proj ect has been designed by James Carroll Kell-Landscape Architects, 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 in accordance with the Contract Documents.
Article 3. CONTRACT TIME.
3.1. The Work will be substantially completed within 120 calendar days from the date when the
Contract Time commences to run as provided in the General Conditions, and completed and
ready for final payment in accordance with the General Conditions within 135 calendar days
from the date when the Contract Time commences to run. Contract time will commence to run
10 days after the date ofthe written Notice to Proceed ifnot otherwise agreed upon.
3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is ofthe essence
of 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 the
04/2003
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CITY OF PEARLAND
AGREEMENT BETWEEN OWNER AND CONTRACTOR
General Conditions. They also recognize the delays, expense and difficulties involved in proving
in a legal or arbitration proceeding 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 One Hundred Dollars ($100.00) for each day that expires
after the time specified for Substantial Completion until the Work is substantially complete.
After Substantial Completion if CONTRACTOR shall neglect, refuse or fail to complete the
remaining Work within the Contract Time or any proper extension thereof granted by OWNER,
CONTRACTOR shall pay OWNER One Hundred Dollars ($100.00) 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 in accordance with the
Contract Documents an amount in current funds equal to the sum of the amounts as indicated in
the attached BID.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions.
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, on any day of the month during construction as
provided below. No more than one Application for Payment will be accepted per
month. All progress payments will be on the basis of the progress of the Work
measured by the schedule of values established in the General Conditions (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 the General Requirements.
5.1.1. Prior to Substantial Completion, progress payments will be made in an amount
equal to the percentage indicated below, but, in each case, less the aggregate of
payments previously made and less such amounts as ENGINEER shall determine, or
OWNER may withhold, in accordance with the General Conditions.
95% of Work completed.
80% of materials and equipment not incorporated in the Work (but
delivered, suitably stored and accompanied by documents satisfactory
to OWNER as provided in the General Conditions).
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CITY OF PEARLAND
AGREEMENT BETWEEN OWNER AND CONTRACTOR
5.2. Final Payment. Upon final completion and acceptance ofthe Work in accordance
with the General Conditions, OWNER shall pay the remainder of the Contract Price
as recommended by EN GINEER.
Article 6. INTEREST
All moneys not paid when due as provided in Article 6 of the General Conditions
shall bear interest at the maximum rate allowed by law in the State of Texas.
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
7.1. CONTRACTOR has familiarized itself with the Work, site, locality, and all
local conditions and Laws and Regulations that in any manner may affect cost,
progress, performance or furnishing of the Work.
7.2. CONTRACTOR has examined and carefully studied the Contract Documents
(including the Addenda listed in Article 8) and the other related data identified in the
Bidding Documents including "technical data".
7.3. 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 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.
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CITY OF PEARLAND
AGREEMENT BETWEEN OWNER AND CONTRACTOR
7.5. CONTRACTOR has correlated the result of all such observations,
examinations, investigations, explorations, tests, reports, and studies with the terms
and conditions of the Contract Documents.
7.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or
discrepancies 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, which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work, consist of the following:
8.1. Invitation to Bidders (pages 1 to 2, inclusive)
8.2. Instructions to Bidders (pages 1 to 8, inclusive)
8.3. This Agreement (pages ~ to~, inclusive).
8.4. Exhibits to this Agreement (pages --L to ~ inclusive). (Contractor's Bid
Proposal).
8.5. Performance, Payment, and Maintenance Bonds, and Certificate of Insurance.
8.6. General Conditions of Agreement (pages 1 to 28, inclusive), including
Attachments 1 and 2.
8.7. Special Conditions (page 1)
8.8. Proof ofInsurance.
8.9. Documentation submitted by contractor prior to Notice of Award, if applicable.
8.10. Specifications and Drawings bearing the title Landscape Development of Barry
Rose Road and McHard Road, Landscape Develo1Jment of Barry Rose Road, or
Landscape Development of McHard Road Extension as listed and included therein.
8.11. The following which may be delivered or issued after the Effective Date ofthe
Agreement and are not attached hereto: All Written Amendments and other
documents amending, modifying, or supplementing the Contract Documents,
pursuant to the General Conditions.
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CITY OF PEARLAND
AGREEMENT BETWEEN OWNER AND CONTRACTOR
In the event of any discrepancies between the parts ofthe Contract Documents, or likewise,
in the event of any doubt as to the meaning and intent of any portion of the Contract
Documents, ENGINEER shall define that which is intended to apply to the Work.
There are no Contract Documents other than those listed above in this Article 8. The Contract
Documents may only be amended, modified or supplemented as provided in the General Conditions.
Article 9. MISCELLANEOUS.
9.1. Terms used in this Agreement which are defined in the General Conditions will
have the meanings indicated in the General Conditions.
9.2. No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent ofthe
party sought to be bound; and specifically but without limitation moneys that may
become due and moneys that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law), and
unless specifically stated to the contrary in any written consent to an assignment, no
assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
9.3. OWNER and CONTRACTOR each binds itself, its partners, successors,
assigns, and legal 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.
9.4. Any provision or part of the Contract Documents held to be void or
unenforceable under any Law or Regulation shall be deemed stricken, and all
remaining provisions shall continue to be valid and binding upon OWNER and
CONTRACTOR, who agree that the Contract Documents shall be reformed to
replace such stricken provision or part thereof with a valid and enforceable provision
that comes as close as possible to expressing the intention of the stricken provision.
If, however, the void or unenforceable provision is of the essence of this Agreement,
nothing in this Paragraph 9.4 shall prevent this entire Agreement from being void.
Article 10. OTHER PROVISIONS.
None.
(SEE NEXT PAGE)
00510-5
04/2003
CITY OF PEARLAND
AGREEMENT BETWEEN OWNER AND CONTRACTOR
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement. 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
~J/ ~ ,200'. .
co~tW..JiTff6 0\10
BY ~
OWNER Citv of Pearl and, Texas
BY,eJff;. ~
. ~'Uthf~~er
~...\~ &Rl..4L";'''''~
;f~~ ?~-;.:.~ ~
1~/..
10-
'i 'Au
~
~
~
:iI"'Jl
[CORPORATE SEAL]
Attest
Address for giving notices
3 519 Liberty Drive
l \ ~. C;
., t\ ~ ~-~. \O~t:..OW) ~
llC{)U:lt~~ ';tv tlOO',
Pearland, Texas 77581
Telephone 281-652-1600
License No.
Telephone No.\\) _. tbL\ - "'JJl;~
Agent for service of process:
(If CONTRACTOR is a corporation,
attach evidence of authority to sign.)
04/2003
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CITY OF PEARLAND
GENERAL CONDITIONS OF AGREEMENT
GENERAL CONDITIONS OF AGREEMENT
TABLE OF CONTENTS
Pa2e
No.
1.0 DEFINITIONS AND INTERPRETATIONS ........................................................................1
1.01 Owner, Contractor and Engineer .. ..... ..... .... ..... ........ ........ ....... ..... ....... .... .......... .............1
1.02 Contract Documents........ ..... .......... ......... ... .,. ... ............. ......... ........ ....... ..... ....... ...... .... ...1
1.03 Subcontractor......................... ................................... ................................................. ....1
1.04 Written Notice............... .......... ................... ........ ...... ........ ............. ..... ............................1
1. 05 -Work....... ........ ..................... ............................... ......................... ....... .... .......................1
1.06 Extra Work.. ........ ........ ........ .................................. ................. ....................... .................2
1.07 Working Day...... ...... .., ......... ........ ........ ........... ............ ........ ...... ............ ................ ... ......2
1.08 Calender Day ....... ................... .................. ......... ............ ................................................2
1.09 Substantially Completed ........ ...................................................... ..................................2
1.10 Interpretation ofW ords and Phrases.. ........... ..... .................. ........ ............ .......... ............2
1.11 Referenced Standards....................................................................................................3
1.12 Special Conditions......... ................................................................... .............................3
2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER ...................................................3
2.01 Adequacy of Design.............. .........................................................................................3
2.02 Right of Entry........................................................................... .....................................3
2.03 Ownership of Drawings........ ....................................... ....... ...........................................3
2.04 Changes and Alterations ... ........ ................... ............... ...................... ........ .... .................3
2.05 Damages.........................................................................................................................4
3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER .............................................4
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GENERAL CONDITIONS OF AGREEMENT
4.17 Layout of Work.... .............. ........... ........ .... ...... .......... ...... ..... .... .... ......... .... .., ..... ....... ....12
4.18 Shop Drawings. .................. ................... .... .... ... ............. ....... ......... ..... ... .... ... ..... .... ... ....12
4.19 Engineer-Contractor Relationship; Observations ................. ............. ........ ........... ...... .13
4.20 Observation and Testing .... ......... ........... .... .................. ............................. ... ..... .... .......13
4.21 Defects and Their Remedies .......... ........ ...... ..... ... ... ..... .... .......... ................... .......... .... .14
4.22 Liability for Proper Performance.. .... ..... .......... ... .... ........ ..... .., ..... ..... ..... .... .,. ..... .... ..... .14
4.23 Protection Against Accident To Employees and the Public......... ......... ....... .............. .15
4.24 Protection of Adjoining Property ....... .... .... ............... ........... ....... ........... ... .... .... ... ....... .15
4.25 Protection against Claims of Subcontractors, Laborers, Materialmen
and Furnishers of Machinery and Supplies............................................................15
4.26 Protection Against Royalties or Patented Invention.................................. ................. .16
4.27 Indemnification ........... ............... ...................................... ............. .............................. .16
4.28 Losses From Natural Causes........................................................................................17
4.29 Guarantee...... ........ .... ...... ..... ........... .... .... ......... .... .... .... ........ .... ..... ............ .... ........ ... ....17
5.0 PROSE CUTI ON AND PROGRESS ....................................................................................18
5.01 Time and Order of Completion....................................................................................18
5.02 Extension of Time.................. ............................ ........................................................ ..18
5.03 Hindrances and Delays........... .............................. .................................... ............. ......18
5.04 Liquidated Damages for Delay.................................................... .............................. ..19
6.0 MEAS UREMENT AND PAYMENT ...................................................................................19
6.01 Discrepancies and Omissions ..................................................................................... .19
6.02 Quantities and Measurements ..................................................................................... .19
6.03 Estimated Quantities... ...................................... ....................................... ................... .20
6.04 Price ofW ork.............. .............. ............................................... ................................... .20
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CITY OF PEARLAND
GENERAL CONDITIONS
SECTION 00700
GENERAL CONDITIONS OF AGREEMENT
1.0 DEFINITIONS AND INTERPRETATION
1.01 OWNER, CONTRACTOR AND ENGINEER The OWNER, the CONTRACTOR and
the ENGINEER are those persons or organizations identified as such in the Agreement. The term
ENGINEER means a person authorized to act as a representative of the entity designated by the OWNER
to provide engineering services required in connection with the preparation and performance of this
Contract.
1.02 CONTRACT DOCUMENTS. The contract documents shall consist of all of the
documents contained, assembled and bound with these General Conditions of Agreement, including,
whether or not labeled as such, Notice to Bidders (Advertisement), General Instructions to Bidders,
Proposal, Addenda, signed Agreement, PerforInance and' Payment Bonds {if required), Special Bonds
(when required), General Conditions of Agreement, Special Conditions of Agreement (if any), Insurance
Certificate, Technical Specifications, Plans and all modifications thereof incorporated in any of the
documents before the execution of the Agreement, and any other document, whether or not labeled,
which shall become a part of the set of documents bound together with the General Conditions of
Agreement.
The contract documents are complemerrtary, and what is called for by anyone shall be as binding as if
called for by all. Any conflicts between any of the contract documents shall be resolved first by
reference to these General Conditions of Agreement; and in the event the General Conditions of
Agreement do not address such conflict, then the designated ENGINEER shall resolve any conflict by a
written interpretation, copies of which shall be forwarded to all parties to the Contract, and the original
shall be attached to and shall become a part of these General Conditions of Agreement and thus a part of
the contract documents.
1.03 SUBCONTRACTOR The term "subcontractor", as employed herein, includes only
those having a direct contract with the CONTRACTOR for performance of work on the project
contemplated by these contract documents. OWNER shall have no responsibility to any subcontractor
employed by CONTRACTOR for performance of work on the project contemplated by these contract
documents, and any such subcontractor shall look exclusively to CONTRACTOR for any payments due
subcontractor.
1.04 WRITTEN NOTICE. Written Notice shall be deemed to have been duly served if
delivered in person to the individual or to a member of the firm or to an officer of the corporation for
whom it is intended, or if delivered at or sent by Certified Mail, Return Receipt Requested, to the last
known business address or registered office of such individual, firm or corporation.
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
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GENERAL CONDITIONS
1.11 REFERENCED STANDARDS. No provision of any referenced standard specification,
or manual shall be effective to change the duties and responsibilities of the Owner, Engineer, Contractor,
or their consultants, employees, or representatives from those set forth in the Contract Documents, nor
shall it be effective to assign to the Engineer or its consultants, employees, or representatives any duty or
authority to supervise or direct the furnishing or performance of the Work or any duty or authority to
undertake responsibilities contrary to provisions of the Contract Documents.
1.12 SPECIAL CONDmONS. In the event special conditions are contained herein as part of
the contract documents and said special conditions conflict with any of the general conditions contained
in this Contract, then in such event the special conditions shall control.
2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER
2.01 ADEQUACY OF DESIGN. It is understood that the OWNER believes it has employed
competent engineers and/or designers. It is, therefore, agreed that the OWNER shall be responsible for
the adequacy of the design, sufficiency of the contract documents, the safety of the structure and the
practicability of the operations of the completed proj ect, provided that the CONTRACTOR has complied
with the requirements of the said contract documents, all approved modifications thereof and additions
and alterations thereto approved in writing by the OWNER The burden of proof of such compliance
shall be upon the CONTRACTOR to show that he has complied with the requirements of the contract
documents and approved modifications thereof and all approved additions and alterations, thereto, as the
same shall have been interpreted by the ENGINEER
2.02 RIGHT OF ENTRY. The OWNER reserves the right to enter the property or location on
which the work herein contracted for is to be constructed or installed, for itself or such agent or agents as
it may select, for the purpose of inspecting the work, or for the purpose of constructing or installing such
collateral work as the OWNER may desire. The OWNER shall have the right to make inspections at all
reasonable times, and the CONTRACTOR shall have no cause to complain ifhis work shall be delayed
by reason of such inspection, construction or installation of collateral work.
2.03 OWNERSIllP OF DRAWINGS. All drawings, specifications and copies thereof
furnished by the OWNER shall not be reused on other work and, with the exception of the sets forming
the part of the signed contract documents, are to be returned to the OWNER on request at the completion
of the work. All drawings and models are the property of the OWNER
2.04 CHANGES AND AL TERA TIONS. The CONTRACTOR further agrees that the Owner
may make such changes and alterations as the OWNER may see fit, in the line, grade, form, dimensions,
plans or materials for the work herein contemplated, or any part thereof, either before or after the
beginning of construction, without affecting the validity of this Contract and the accompanying
Performance and Payment Bonds.
If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the
basis for a claim for damages or anticipated profits on the work that may be dispensed with. If the
amount of work is increased and the work can fairly be classified under the specifications, such increase
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CITY OF PEARLAND
GENERAL CONDITIONS
and properly perform the Contract, including without limitation, the obligation to at once tear out, remove
and properly replace any defective work or material at any time prior to final acceptance, upon discovery
of such defective work or material; provided, however, that the ENGINEER shall, upon request of the
CONTRACTOR, inspect and accept or reject any material furnished, and in the event the material has
been once accepted by the ENGINEER, such acceptance shall be binding on the OWNER, unless it can
be clearly shown that such material furnished does not meet the specifications for this work.
Any questioned work may be ordered taken up or removed for re-examination by the ENGINEER prior
to [mal acceptance, and if found not to be in accordance with the specifications for said work, all
expense of removing, re-examination and replacement shall be borne by the CONTRACTOR; otherwise
the expense thus incurred shall be allowed as Extra Work and shall be paid for by the OWNER,
provided that where inspection or approval is specifically required by the Specifications prior to
performance of certain work, should the CONTRACTOR proceed with such work without requesting
prior inspection or approval, he shall bear all expense oftaking up, removing and replacing this work if
so directed by the ENGINEER
3.04 INSPECTION BY ENGINEER The ENGINEER shall make periodic visits to the site to
observe the progress and quality of the executed work and to determine if such work generally meets the
essential performance and design features and the technical, functional and/or engineering requirements
of the contract documents, and is in all other respects being performed in compliance with the contract
documents. However, the ENGINEER shall not be responsible for making any detailed, exhaustive,
comprehensive or continuous on-site inspections to check the quality and/or quantity of the work, nor
shall the ENGINEER be in any way responsible, directly or indirectly, for the construction means,
methods, techniques, sequences, quality, procedures, programs, safety precautions or lack of same
incident to the work being performed or any part thereof. The ENGINEER shall use reasonable care to
prevent deviation from the intent and substance of the contract documents by the CONTRACTOR in the
performance of the work and any part thereof and, on the basis of such on-site observations, will keep the
OWNER informed of the progress of the work and will endeavor to guard the OWNER against defects
and deficiencies in the work of the CONTRACTOR. Notwithstanding any other provision of this
Agreement or any other contract document, the ENGINEER shall not be in any way responsible or liable
for any acts, errors, omissions or negligence of the CONTRACTOR, any 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
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CITY OF PEARLAND
GENERAL CONDITIONS
or the ENGINEER as the OWNER's representative or to the CONTRACTOR's own employees or to
any other person, firm or corporation.
4.02 CONTRACTOR'S UNDERSTANDING. It is tmderstood 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 encotmtered, 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 tmderstood that the CONTRACTOR has satisfied himself as to the terms, meaning and intent
of all of the contract documents and tmderstands the meanings of all parts of such documents or other
factors affecting the work, which were not previously understood. No verbal agreement or conversation
with any officer, agent or employee of the OWNER or the ENGINEER, either before or after the
execution of this Contract, shall affect or modify any of the terms or obligations herein contained.
4.03 LAWS AND ORDINANCES. The CONTRACTOR shall at all times observe and
comply with all federal, state or local laws, ordinances and regulations, regardless of whether the same
are adopted before or after the execution of this Contract, which in any manner affect the Contract or the
work, and shall indemnify, save and hold harmless the OWNER and the ENGINEER against any claim
arising out of the violation of any such laws, ordinances and regulations, whether by the CONTRACTOR
or his employees. If the CONTRACTOR observes that the Plans and Specifications are at variance with
federal or state laws or the ordinances or regulations of the City, he shall promptly notify the ENGINEER
in writing, and any necessary changes shall be made as provided in the Contract for changes in the work.
If the CONTRACTOR performs any work knowing it to be contrary to such laws, ordinances, rules and
regulations, and without such notice to the ENGINEER, he shall bear all costs arising 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 and other
applicable regulations of the OWNER shall be deemed to be embodied in this Contract
4.04 ASSIGNMENT AND SUBLETTING. TheCONTRACTORfurtheragreesthathewill
retain personal control and will give his personal attention to the fulfillment of this Contract and that he
will not assign, by power of attorney or otherwise, or sublet said Contract without the written consent of
the ENGINEER, and that no part or feature of the work will be sublet to anyone objectionable to the
ENGINEER or the OWNER In addition, the OWNER reserves the right to disapprove the subletting of
this Contract or any portion hereof on any basis whatsoever. The CONTRACTOR further agrees that the
subletting of any portion or feature of the work or materials required in the performance of this Contract
shall not relieve the CONTRACTOR from his obligations to the OWNER, as provided for by this
Agreement
4.05 PERFORMANCE AND PAYMENT BONDS. In the event the contract price shall be in
excess of$25,000.00, the CONTRACTOR shall execute separate Performance and Payment Bonds, each
in the sum of one hundred percent (100%) of the total contract price, which shall be increased at any time
04/2002
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CITY OF PEARLAND
GENERAL CONDITIONS
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:
Bodily injury per person:
Bodily injury per accident:
Property damage
$250,000
$500,000
$250,000
Or a policy providing combined single limits of $750,000.
(4) OWNER, at its own discretion, may require an umbrella or excess limits liability policy.
(5) All coverages shall be endorsed to waive the carrier's right of subrogation against the
Owner.
In the event the CONTRACTOR shall fail to provide insurance as herein required, or be subject to
claim, demand or litigation growing out of or arising from a claim not contemplated herein, such failure
on the part of the CONTRACTOR shall not serve to release or in any way discharge or shift the liability
of the CONTRACTOR to the ENGINEER or OWNER; BUT THE CONTRACTOR DOES HEREIN
AGREE TO INDEMNIFY AND HOLD THE ENGINEER AND OWNER HARMLESS FROM ANY
AND ALL CLAIMS GROWING OUT OF OR ARISING BY REASON OF ANY OF THE
CIRCUMSTANCES HEREIN ENUMERATED, OR ANY OTHER CLAIMS OR DEMANDS MADE
BY ANY PERSON, GROWING OUT OF OR ARISING BY REASON OF THE WORK PERFORMED
BY THE CONTRACTOR
4.07 CERTIFICATE OF INSURANCE. Within ten (10) days after notification of award of
Contract, the CONTRACTOR and each subcontractor shall submit to the OWNER for approval,
certificates of insurance covering each insurance policy carried and offered as evidence of compliance
with the above insurance requirements, signed by an authorized representative of the insurance company,
setting forth:
The name and address of the insured;
(1)
(2)
(3)
The location of the operations to which the insurance applies;
The name of the policy and type or types of insurance in force thereunder on the date
borne by such certificate.
(4)
The expiration date of the policy and the limit or limits of liability thereunder on the date
borne by such certificates.
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CITY OF P EARLAND
GENERAL CONDITIONS
4.12 EQUIPMENT, MATERIALS, CONSTRUCTION PLANT AND BUILDINGS. The
CONTRACTOR shall provide all labor, tools, equipment, machinery and materials necessary in the
prosecution and completion of this Contract where it is not otherwise specifically provided that the
OWNER shall furnish same; and further, the CONTRACTOR shall be responsible for the care,
preservation, conservation and protection of all materials, supplies, machinery, equipment, tools,
apparatus, accessories, facilities, all means of construction and any and all parts of the work, whether the
CONTRACTOR has been paid, partially paid or not paid for such work, until the entire work is
completed and accepted.
The building of structures for housing workers, or the erection of tents or other forms of protection, will
be permitted only at such places as the ENGINEER shall direct, and the sanitary conditions of the
grounds in or about such structures shall at all times be maintained in a manner satisfactory to the
ENGINEER Any structures of any nature constructed or erected by the CONTRACTOR for the
purposes herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper erection
or construction thereof; and the CONTRACTOR agrees to indemnify and hold the ENGINEER or
OWNER harmless from any claims of any nature whatsoever brought against either of them for damages
allegedly sustained by anyone by reason of the erection, construction or maintenance of
CONTRACTOR's buildings.
4.13 SANlT A TION. Necessary sanitary conveniences for the use oflaborers on the work site,
properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR
in such manner and at such points as shall be approved by the ENGINEER, and their use shall be strictly
enforced. Any structures of any nature constructed or erected by the CONTRACTOR for the purposes
herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper erection or
construction thereof, and the CONTRACTOR agrees to indemnify and hold the ENGINEER or OWNER
harmless from any claims of any nature whatsoever brought against either of them for damages allegedly
sustained by anyone by reason of the erection, construction or maintenance of CONTRACTOR's
buildings.
4.14 CLEANING AND MAINTENANCE. The CONTRACTOR shall at all times keep and
maintain the premises free from accumulation of debris caused by the work, and at the completion of the
work, he shall remove all such debris and also his tools, scaffolding and surplus materials and shall leave
the work broom-clean or its equivalent. The work shall be left in good order and condition. In case of
dispute, the OWNER may remove the debris and charge the cost to the CONTRACTOR
4.15 PERFORMANCE OF WORK. It is further agreed that it is the intent of this Contract
that all work must be done and all material must be furnished in accordance with the generally accepted
practice for such materials furnished or work completed.
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4.19 ENGINEER-CONTRACTOR RELATIONSHIP; OBSERV A TI ONS. It is agreed by the
CONTRACTOR that the ENGINEER, as the OWNER's representative, shall be and is hereby
authorized to appoint such subordinate engineers, supervisors or observers as the said ENGINEER may
from time to time deem proper to observe the materials furnished and the work done under this
Agreement, and to see that said material is furnished and said work is done in accordance with the
specifications therefor. The CONTRACTOR shall furnish all reasonable aid and assistance required by
the subordinate engineers, supervisors or observers for the proper observation and examination of the
work. The CONTRACTOR shall regard and obey the directions and instructions of any subordinate
engineers, supervisors or observers so appointed, when such directions and instructions are consistent
with the obligations of this Agreement and accompanying Plans and Specifications, provided, however,
should the CONTRACTOR objectto any orders by any subordinate engineer, supervisor or observer, the
CONTRACTOR may, within six (6) days, make written appeal to the ENGINEER for his decision.
4.20 OBSERVATION AND TESTING. The OWNER or the ENGINEER as the OWNER's
representative shall have the right at all reasonable times to observe and test the work. The
CONTRACTOR -shall make all necessary arrangements and provide proper facilities and access for such
observation and testing at any location wherever work is in preparation or progress. The
CONTRACTOR shall ascertain the scope of any observation which may be contemplated by the
OWNER or the ENGINEER and shall give ample notice as to the time each part of the work will be
ready for such observation. The OWNER or the ENGINEER may reject any work found to be defective
or not in accordance with the contract documents, regardless of the stage of its completion or the time or
place of discovery of such errors, and regardless of whether the ENGINEER has previously accepted the
work through oversight or otherwise. If any work is covered without approval or consent of the
OWNER, it must, if requested by the OWNER or the ENGINEER, be uncovered for examination, at the
sole expense of the CONTRACTOR. In the event that any part of the work is being fabricated or
manufactured at a location where it is not convenient for the OWNER or the ENGINEER to make
observations of such work or require testing of said work, then in such event, the OWNER or the
ENGINEER may require the CONTRACTOR to furnish the OWNER or the ENGINEER with
certificates of inspection, testing or approval made by persons competent to perform such tasks at the
location where that part of the work is being manufactured or fabricated. All such tests will be in
accordance with the methods prescribed by the American Society for Testing and Materials or such other
applicable organization as may be required by law or the contract documents.
If any work which is required to be inspected, tested or approved is covered up without written approval
or consent of the OWNER or the ENGINEER, it must, if requested by the OWNER or the ENGINEER,
be uncovered for observation and testing, at the sole expense of the CONTRACTOR The cost of all
such inspections, tests and approvals shall be borne by the CONTRACTOR unless otherwise provided
herein. Any work which fails to meet the requirements of such tests, inspections or approval, and any
work which meets the requirements of any such tests or approval but does not meet the requirements of
the contract documents shall be considered defective. Such defective work shall be corrected at the
CONTRACTOR'S expense.
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GENERAL CONDITIONS
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 times
exercise reasonable precautions for the safety of employees and others on or near the work and shall
comply with all applicable provisions of federal, state and municipal laws and building and construction
codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the
"Manual of Accident Prevention in Construction" of the Associated General Contractors of America,
except where incompatible with federal, state or municipal laws or regulations. The CONTRACTOR
shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks and other safety
devices.
All accidents or injuries to CONTRACTOR's employees working on the job site must be reported to
the ENGINEER immediately.
The safety precautions actually taken and their adequacy shall be the sole responsibility of the
CONTRACTOR, in his sole discretion as an independent contractor. Inclusion of this paragraph in the
Agreement, as well as any notice which may be given by the OWNER or the ENGINEER as the
OWNER's representative concerning omissions under this paragraph as the work progresses, are
intended as reminders to the CONTRACTOR of his duty and shall not be construed as any assumption
of duty to supervise safety precautions by either the CONTRACTOR or any of his subcontractors.
4.24 PROTECTION OF ADJOINING PROPERTY. The CONTRACTOR shall employ
proper means to protect the adjacent or adjoining property or properties in any way encolll1tered, which
might be injured or seriously affected by any process of construction to be undertaken under this
Agreement, from any damage or injury by reason of said process of construction; and he shall be liable
for any and all claims for such damage on account of his failure to fully protect all adjoining property.
THE CONTRACTOR AGREES TO INDEMNIFY, SAVE AND HOLD HARMLESS THE OWNER
AND ENGINEER AGAINST ANY CLAIM OR CLAIMS FOR DAMAGES DUE TO ANY INJURY
TO ANY ADJACENT OR ADJOINING PROPERTY, ARISING OR GROWING OUT OF THE
PERFORMANCE OF THE CONTRACT.
4.25 PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS,
MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES. THE
CONTRACTOR AGREES THAT HE WILL INDEMNIFY, SAVE AND HOLD THE OWNER AND
THE ENGINEER HARMLESS FROM ALL CLAIMS GROWING OUT OF THE LAWFUL
DEMANDS OF SUBCONTRACTORS, LABORERS, WORKERS, MECHANICS, MATERIALMEN
AND FURNISHERS OF MACHINERY AND PARTS THEREOF, EQUIPMENT, POWER TOOLS
AND ALL SUPPLIES, INCLUDING COMMISSARY, INCURRED IN THE FURTHERANCE OF THE
PERFORMANCE OF THIS CONTRACT. When so desired by the OWNER, the CONTRACTOR shall
furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid,
discharged or waived.
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GENERAL CONDITIONS
OBTAINED AGAINST TIlE OWNER AND/OR THE ENGINEER OR ANY OF THEIR OFFICERS,
AGENTS OR EMPLOYEES, ARISING OUT OF ORRESUL TING FROM THE PERFORMANCE OF
THE WORK, PROVIDED THAT ANY SUCH DAMAGES, CLAIM, LOSS, DEMAND, SUIT,
JUDGMENT, COST OR EXPENSE:
(1) IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE OR DEATH OR
INJURY TO OR DESTRUCTION OF TANGIBLE PROPERTY, INCLUDING THE
LOSS OF USE RESULTING THEREFROM; AND
(2) IS CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENT ACT OR OMISSION
OF THE CONTRACTOR, ANY SUBCONTRACTOR, THEIR AGENTS OR
EMPLOYEES OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY
ONE OF TIlEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE
LIABLE, REGARDLESS OF WHETHER OR NOT IT IS CAUSED IN PART BY A
P ARTY 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 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 hin for the project. The written guarantee shall be made
out to the OWNER and in a form satisfactory to the OWNER'S legal counsel, guaranteeing all the work
under the Contract to be free from faulty material in every particular and free from improper
workmanship; and against unusual damage from proper and usual use; and agreeing to replace or to re-
execute without cost to the OWNER such work as may be found to be improper or imperfect, and to
make good all damages caused to other work or material, due to such defective work or due to its
required replacement or re-execution. This guarantee shall be made to cover a period of one year from
the date of acceptance of work under the Contract, as evidenced by the OWNER'S Certificate of
Accceptance, of the work. Neither the Certificate of Acceptance, final payment, nor any provision in the
Contract Documents shall relieve the CONTRACTOR of the responsibility for neglect or faulty material
or workmanship during the period covered by the guarantee. The one year period of any guarantee
clauses will not limit the OWNER'S other rights under common law to have defects remedied when
discovered after one year.
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GENERAL CONDITIONS
essence, and that the CONTRACTOR will commence said work on the date specified and will complete
said work within the time specified in the Proposal. It is expressly lUlderstood 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 ofthis 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
lUlcompleted 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 amolUlt set out in
the Proposal.
However, the foregoing agreement as to liquidated damages constitutes only an agreement by the
OWNER and the CONTRACTOR as to the minimum amolUlt 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 amolUlt specified, by reason of
the CONTRACTOR'S failure to begin the work when ordered, carry it forward lUlinterruptedly after
beginning, or complete it within the specified time in strict accordance with the Plans and Specifications,
the OWNER may recover such additional amolUlt.
The OWNER shall have the right to deduct and withhold the amolUlt of any and all such damages
whether it be the minimum amolUlt stipulated above or otherwise, from any monies owing by it to said
CONTRACTOR or the OWNER may recover such amount from the CONTRACTOR and the sureties of
his bond; all of such remedies shall be cumulative and the OWNER shall not be required to elect any
one nor be deemed to have made an election by proceeding to enforce anyone remedy.
6.0 MEASUREMENT AND PAYMENT
6.01 DISCREPANCIES AND OMISSIONS. It is agreed that it is the intent of this Contract
that all work described in the Proposal, the Plans and Specifications and other contract documents, is to
be done for the prices quoted by the CONTRACTOR and that such price shall include all appurtenances
necessary to complete the work in accordance with the intent of these contract documents as interpreted
by the ENGINEER If the CONTRACTOR finds any discrepancies or omissions in these Plans,
Specifications or contract documents, he should notify the ENGINEER and obtain a clarification before
the bids are received, and ifno such request is received by the ENGINEER prior to the opening of bids,
then it shall be considered that the CONTRACTOR fully lUlderstands the work to be included and has
provided sufficient sums in his Proposal to complete the work in accordance with these Plans and
Specifications. It is further lUlderstood that any request for clarification must be submitted no later than
five (5) days prior to the opening of bids.
6.02 QUANTITIES AND MEASUREMENTS. No extra or customary measurements of any
kind will be allowed, but the actual measured and/or computed length, area, solid contents, number and
weight only shall be considered, unless otherwise specifically provided.
6.03 ESTIMATED QUANTITIES. This Agreement, including the Specifications, Plans and
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statement and application for partial payment and the progress of the work made by the CONTRACTOR
and, if fOlmd to be in order, shall prepare a certificate for partial payment and shall deliver his
certifications for payment to the OWNER and the CONTRACTOR
The CONTRACTOR shall then, prior to payment by the OWNER, certify and attest to the certification
that he is in accord with the certification and agrees to accept the amounts set out therein and the total
set out therein for the work and for the prices contained in the certification. If the CONTRACTOR does
not agree or desires to protest the ENGINEER's certification, the same shall not be certified by the
ENGINEER to the OWNER for payment until such dispute has been resolved, and the CONTRACTOR
agrees that any claim by the CONTRACTOR for additional compensation, of any nature whatsoever, not
contained in the ENGINEER's certification, shall be waived, and further contracts and agrees, upon
acceptance of the CONTRACTOR's payment, that this shall constitute full and fmal payment for work
performed by the CONTRACTOR contained in the CONTRACTOR's statement which shall be attached
to the ENGINEER's certification.
The OWNER shall then pay the CONTRACTOR, within thirty (30) days of receipt of the
ENGINEER's recommendation for payment, the total amount of the ENGINEER's Certificate of
Partial Payment, less ten percent (10%) of the amount thereof, up to and including the first Four
Hundred Thousand ($400,000.00) dollars and five percent (5%) on the amount thereafter. Such
retainage shall be retained until final payment, and further less all previous payments and all further
sums that may be retained by the OWNER under the terms of this Agreement. It is understood,
however, that in case the whole work be near to completion, as certified by the ENGINEER, and some
unexpected or unusual delay occurs, through no neglect or fault on the part of the CONTRACTOR, the
OWNER may, upon written recommendation of the ENGINEER, pay a reasonable and equitable portion
of the retained percentage to the CONTRACTOR, or the CONTRACTOR, at the OWNER'S option, may
be relieved of the obligation to fully complete the work, and thereupon, the CONTRACTOR shall
receive, at the OWNER'S option, payment of the balance due him under the Contract, subject only to the
conditions set forth under "6.09 FINAL PAYMENT."
The Owner at its option and in compliance with state law may reduce retainage to less than the above-
stated percentages.
6.07 USE OF COMPLETED PORTIONS. The OWNER shall have the right to take
possession of and use any completed or partially completed portions of the work, notwithstanding that the
time for completing the entire work or such portions may not have expired; but such taking possession
and use shall not be deemed an acceptance of any work not completed in accordance with the contract
documents. If such prior use increases the cost of or delays the work, the CONTRACTOR shall be
entitled to such extra compensation or extension of time, or both, as may be determined in accordance
with the provisions of this Agreement.
The CONTRACTOR shall notify the ENGINEER, by letter executed by a duly qualified officer of
CONTRACTOR, that in CONTRACTOR's opinion, the Contract is "substantially completed". When
so notifying the ENGINEER, the CONTRACTOR shall furnish to the ENGINEER, in writing, a detailed
list of unfinished work. The ENGINEER will review the CONTRACTOR's list ofunfmished work and
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GENERAL CONDITIONS
expense of restoring all work of other contractors damaged by any such removal or replacement. If
CONTRACTOR does not remove and replace any such unsuitable work within a reasonable time after
receipt of a written notice from the OWNER or the ENGINEER, the OWNER may remove, replace and
remedy such work at CONTRACTOR's expense.
6.11 CORRECTION OF WORK AFTER FINAL PAYMENT. Neither the final payment nor
certificate nor any provision in this Contract shall relieve the CONTRACTOR of responsibility for faulty
materials or workmanship, and he shall remedy any defects due thereto and pay for any damage to other
work resulting therefrom, which shall appear within a period of one (1) year from the date of substantial
completion. The OWNER or the ENGINEER shall give notice of observed defects with reasonable
promptness.
6.12 PAYMENTS WITIIHELD. The OWNER may, on account of subsequently discovered
evidence, withhold or nullifY the whole or part of any certificate or withhold partial or full payment to
such extent as may be necessary to protect himself from loss on account of:
(1) Defective work not remedied;
(2) Claims fIled or reasonable evidence indicating probable fIling of claims;
(3) Failure of the CONTRACTOR to make payments properly to subcontractors or for
material or labor;
(4) Damage to another contractor;
(5) Reasonable doubt that the work can be completed for the unpaid balance of the contract
amount;
(6) Reasonable indication that the work will not be completed within the contract time.
(7) Failure on the part of the CONTRACTOR to execute any and all documents, releases or
other documents presented to the CONTRACTOR for execution, as provided for herein
or otherwise.
(8) Liquidated damages due to late completion.
When the above grounds are removed or the CONTRACTOR provides a Surety Bond satisfactory to the
OWNER, which will protect the OWNER in the amount withheld, payment may be made for the
amounts withheld because ofthem However, the OWNER shall have the discretion of withholding or
making payment in the event any of items (1) through (8) shall be applicable to the work or progress
thereof
6.13 DELAYED PAYMENTS. Should the OWNER fail to make payment to the
CONTRACTOR of the sum named in any partial or final statement, when payment is due, after the same
has been recommended for payment by both the ENGINEER and the CONTRACTOR, and the
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Method (A) -- By agreed unit prices; or
Method (B) -- By agreed lump sum; or
Method (C) -- Ifneither Method (A) nor Method (B) be agreed upon before the Extra Work is
commenced, then the CONTRACTOR shall be paid the "actual field cost" of the
work, plus fifteen percent (15%).
In the event said Extra Work is performed and paid for under Method (C), then the provisions of this
paragraph shall apply and the "actual field cost" is hereby defined to include the cost to the
CONTRACTOR of all workers, such as foremen, timekeepers, mechanics and laborers, and materials,
supplies, trucks, rentals of machinery and equipment, for the time actually employed or used on such
Extra Work, plus actual transportation charges necessarily incurred together with all power, fuel,
lubricants, water and similar operating expenses, plus all necessary incidental expenses incurred directly
on account of such Extra Work, including Social Security, Old Age Benefits and other payroll taxes, and
a rateable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public
Liability and Property Damage and 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.
The ENGINEER may direct the form in which accounts of the "actual field cost" shall be kept and the
records of these accounts shall be made available to the ENGINEER. The ENGINEER or OWNER may
also specify in writing, before the work commences, the method of doing the work and the type and kind
of machinery and equipment to be used; otherwise these matters shall be determined by the
CONTRACTOR. Unless otherwise agreed upon, the prices for the use of machinery and equipment
shall be determined by using one hundred percent (100%), unless otherwise specified, of the latest
schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America
where practicable, and the terms and prices for the use of machinery and equipment shall be
incorporated in the written Extra Work Order. The fifteen percent (15%) of the" actual field cost" to be
paid to the CONTRACTOR, shall cover and compensate him for his profit, overhead, general
superintendence and field office expense, and all other elements of cost and expense not embraced
within the" actual field cost" as herein defmed, 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
Work for which he should receive compensation or an adjustment in the construction time, he shall
make written request to the ENGINEER for written order authorizing such Extra Work. Should a
difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment
therefor, and the ENGINEER insists upon its performance, the CONTRACTOR shall proceed with the
work after making written request for written order and shall keep an accurate account of the Aactual
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 payor guarantee to pay said amount claimed within thirty (30)
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Where there is no Performance Bond or in case the surety should fail to commence compliance with the
notice for completion hereinabove provided for within ten (10) days after the service of such notice, then
the OWNER may provide for completion of the work in either of the following elective manners:
(a) The OWNER may thereupon employ such force of workers and use such machinery,
equipment, tools, materials and supplies as the OWNER may deem necessary to
complete the work and charge the expense of such labor, machinery, equipment, tools,
materials and supplies to said CONTRACTOR, and expense so charged shall be
deducted and paid by the OWNER out of such monies as may be due or that may
thereafter at any time become due to the CONTRACTOR under and by virtue of this
Agreement. In case such expense is less than the sum which would have been payable
under this Contract if the same had been completed by the CONTRACTOR, then said
CONTRACTOR shall receive the difference. In case such expense is greater than the
sum which would have been payable under this Contract if the same had been completed
by such CONTRACTOR, then the CONTRACTOR and/or his surety shall pay the
amount of such excess to the OWNER; or
(b) The OWNER, under sealed bids, under the times and procedures provided for by law,
may let the contract for completion of the work under substantially the same terms and
conditions which are provided in this Contract. In case of any increase in cost to the
OWNER under the new contract, as compared to what would have been the cost under
this Contract, such increase shall be charged to the CONTRACTOR, and the surety shall
be and remain bound therefor. However, should the cost to complete any such new
contract prove to be less than what would have been the cost to complete under this
Contract, the CONTRACTOR and/or his surety shall be credited therewith.
When the work shall have been substantially completed, the CONTRACTOR and his surety shall be so
notified and Certificates of Completion and Acceptance, as hereinabove provided, shall be issued. A
complete itemized statement of the contract accounts, certified by the ENGINEER as being 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 [mal
release of any claims or demands by the CONTRACTOR.
In the event the statement of accounts shows that the cost to complete the work is less than that which
would have been the cost to the OWNER had the work been completed by the CONTRACTOR under
the terms of this Contract, or when the CONTRACTOR and/or his surety shall pay the balance shown
to be due by them to the OWNER, then all machinery, equipment, tools or supplies left on the site of the
work shall be turned over to the CONTRACTOR and/or his surety. Should the cost to complete the
work exceed the contract price, and the CONTRACTOR and/or his surety fail to pay the amount due the
OWNER within the time designated above, and there remains any machinery, equipment, tools,
materials or supplies on the site of the work, notice thereof, together with an itemized list of such
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GENERAL CONDITIONS
ATTACHMENT NO.1 TO GENERAL CONDITIONS
WORKERS' COMPENSATION INSURANCE COVERAGE
A. DEFINITIONS:
Certificate of coverage (" certificate") - A copy of a certificate of insurance, a certificate
of authority to self-insure issued by the commission, or a coverage agreement (TWCC-
81, TWCC-82, TWCC-83 or TWCC-84), showing statutory workers' compensation
insurance coverage for the person's or entity's employees providing services on a
project for the duration of the project.
Duration of the project - includes the time from the beginning of the work on the
project until the contractor's/person's work on the project has been completed and
accepted by the governmental entity.
Persons providing services on the project ("subcontractor" in 406.096) - includes
persons or entities performing or part of the services the contractor has undertaken to
perform on the project, regardless of whether that person contracted directly with the
contractor and regardless of whether that person has employees. This includes, without
limitation, independent contractors, subcontractors, leasing companies, motor carriers,
owner-operators, employees of any such entity, or employees of any entity which
furnishes persons to provide services on the project. "Services" include, without
limitation, providing, hauling, or delivering equipment or materials, or providing labor,
transportation, or other service related to a project. "Services" does not include
activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
B. The contractor shall provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the statutory requirements
of Texas Labor Code, Section 401.011 (44) for employees of the contractor providing services
on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the Owner prior to being awarded the
contract.
D. lfthe coverage period shown on the contractor's current certificate of coverage ends during the
duration of the proj ect, the contractor must, prior to the end of the coverage period, file a new
certificate of coverage with the governmental entity showing that coverage has been extended.
E. The contractor shall obtain from each person providing services on a project, and provide to the
governmental entity:
(1)
a certificate of coverage, prior to that person beginning work on the project, so the
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(2) provide to the contractor, prior to that person beginning work on the project, a certificate
of coverage showing that coverage is being provided for all employees of the person
providing services on the project, for the duration of the project:
(3) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage, showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(4) obtain from each other person with whom it contracts, and provide to the contractor:
(a) a certificate of coverage, prior to the other person beginning work on the project;
and
(b) a new certificate of coverage shown extension of coverage, prior to the end of the
coverage period, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the person knew or should have known, of any change that materially affects
the provision of coverage of any person providing services on the project; and
(7) contractually require each person with whom it contracts, to perform as required by
paragraphs (1) - (7), with the certificates of coverage to be provided to the person for
whom they are providing services.
J. By signing this contract or providing or causing to be provided a certificate of coverage, the
contractor is representing to the governmental entity that all employees of the contractor who
will provide services on the proj ect 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 subj ect the contractor
to administrative penalties, criminal penalties, civil penalties, or other civil actions.
K. The contractor's failure to comply with any of these provisions is a breach of contract by the
contractor which entitles the governmental entity to declare the contractor void if the contractor
does not remedy the breach within ten days after receipt of notice of breach from the
governmental entity.
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CHANGE ORDER PROCEDURES
B Engineer will determine the change allowable in Contract Price and Contract Time as
provided in the General Conditions.
C Contractor shall maintain detailed records of work done on time-and-material basis as
specified in paragraph 1.04, Documentation of Change in Contract Price and Contract
Time
D Contractor shall provide full information required for evaluation of changes, and shall
substantiate costs for changes in the Work.
1.11 EXECUTION OF CHANGE DOCUMENTATION
A Engineer will issue Change Orders, Work Change Directives, or accepted Proposals for
signatures of parties as described in the General Conditions.
1.12 CORRELATION OF CONTRACTOR SUBMITTALS
A For Stipulated Price Contracts, Contractor shall promptly revise Schedule of Values
and Application for Payment forms to record each authorized Change Order as a separate
line item and adjust the Contract Price.
B For Unit Price Contracts, the next monthly estimate of work after acceptance of a
Change Order will be revised to include any new items not previously included and the
appropriate unit rates.
C Contractor shall promptly revise progress schedules to reflect any change in Contract
Time, and shall revise schedules to adjust time for other items of work affected by the
change, and resubmit for review.
D Contractor shall promptly enter changes to the on-site and record copies of the
Drawings, Specifications or Contract Documents as required in Section 01720 - Project
Record Documents.
2.0 PRODUCTS - Not Used
3.0 EXECUTION - Not Used
END OF SECTION
01290-4
CITY OF P EARLAND
Barry Rose Landscape
CHANGE ORDER PROCEDURES
provide unit prices for the new items, with supporting information as required by
the Engineer.
3. Justification for any change in Contract Time.
4. Additional data upon request.
D For changes in the Work performed on a time-and-material basis, the following
additional information may be required:
1. Quantities and description of products and equipment.
2.' Taxes, insurance and bonds.
3. Overhead and profit.
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. Ifthe extra work comprises only a portion of
the rental invoice where the equipment would otherwise be on the site, the Contractor
shall compute the hourly equipment rate by dividing the actual monthly invoice by 176.
(One day equals 8 hours and one week equals 40 hours.) Operating costs shall not
exceed the estimated operating costs given for the item of equipment in the Blue Book.
F For changes in the work performed on a time-and-materials basis using Contractor-
owned equipment, compute rates with the Blue Book as follows:
1. Multiply the appropriate Rental Rate by an adjustment factor of 70 percent plus
the full rate shown for operating costs. The Rental Rate utilized shall be the
lowest cost combination of hourly, daily, weekly or monthly rates. Use 150
percent of the Rental Rate for double shifts (one extra shift per day) and 200
percent ofthe Rental Rate for more than two shifts per day. No other rate
adjustments shall apply.
2. Standby rates shall be 50 percent of the appropriate Rental Rate shown in the
Blue Book. Operating costs will not be allowed.
1.05 CHANGE PROCEDURES
A Changes to Contract Price or Contract Time can only be made by issuance of a Change
Order. Issuance of a Work Change Directive or written acceptance by the Engineer of
changes will be formalized into Change Orders. All changes will be in accordance with
the requirements of the General Conditions.
B The Engineer will advise of minor changes in the Work not involving an adjustment to
Contract Price or Contract Time as authorized by the General Conditions by issuing
supplemental instructions.
C Contractor may request clarification of Drawings, Specifications or Contract Documents
01290-2
CITY OF PEARLAND MEASUREMENT AND PAYMENT
Barry Rose Landscape
6. Loading, hauling, and disposing of rejected products.
2.0 PRO Due T S - Not Used
3.0 E X E CUT ION - Not Used
END OF SECTION
01200-3
CITY OF PEARLAND
Barry Rose Landscape
MEASUREMENT AND PAYMENT
Section 01200
MEASUREMENT AND PAYMENT
1.0 G ENE R A L
1.01 SECTION INCLUDES
A Procedures for measurement and payment plus conditions for nonconformance
assessment and nonpayment for rejected products.
1.02 AUTHORITY
A Measurement methods delineated in Specification sections are intended to complement
the criteria of this section. In the event of conflict, the requirements of the Specification
section shall govern.
B Measurements and quantities submitted by the Contractor will be verified by the
Engineer.
C Contractor shall provide necessary equipment, workers, and survey personnel as required
by Engineer to verify quantities.
1.03 UNIT QUANTITIES SPECIFIED
A Quantity and measurement estimates stated in the Agreement are for contract purposes
only. Quantities and measurements supplied or placed in the Work authorized and
verified by Engineer shall determine payment as stated in the General Conditions.
B lfthe actual Work requires greater or lesser quantities than those quantities indicated in
the Bid Form, provide the required quantities at the unit prices contracted, except as
otherwise stated in the General Conditions or in executed Change Order.
1.04 MEASUREMENT OF QUANTITIES
A Measurement by Volume:
1. Stockpiles: Measured by cubic dimension using mean length, width, and height
or thickness.
B Measurement by Area: Measured by square dimension using mean length and width or
radius.
C Linear Measurement: Measured by linear dimension, at the item centerline or mean
chord.
D Stipulated Price Measurement: By unit designated in the agreement.
01200-1
CITY OF PEARLAND
Barry Rose Landscape
CONTRACTOR USE OF PREMISES
Section 01140
CONTRACTOR USE OF PREMISES
1.0 G ENE R A L
1.01 SECTION INCLUDES
A This Section includes general use of the site including properties inside and outside of
rights-of-way, and notification to adjacent occupants.
1.02 RIGHTS-OF-WAY
A Confme access and operations and storage areas to rights-of-way provided by Owner as
stipulated in Document 00700 - General Conditions; trespassing on abutting lands or
other lands in the area is not allowed.
B Contractor may make arrangements, at Contractor's cost, for temporary use of private
properties, in which case Contractor and Contractor's surety shall indemnify and hold
harmless the Owner against claims or demands arising from such use of properties
outside of rights-of-way.
C Restrict total length which materials may be distributed along the route of the
construction at anyone time to 1,000 linear feet unless otherwise approved by Engineer.
1.03 PROPERTIES OUTSIDE OF RIGHTS-OF-WAY
A Altering the condition of properties adjacent to and along rights-of-way will not be
permitted unless authorized by the Engineer and property owner(s).
B Means, methods, techniques, sequences, or procedures which will result in damage to
properties or improvements in the vicinity outside of rights-of-way will not be
permitted.
C Any damage to properties outside of rights-of-ways shall be repaired or replaced to the
satisfaction of the Engineer and at no cost to the Owner.
1.04 USE OF SITE
A Obtain approvals of governing authorities prior to impeding or closing public roads or
streets. Do not close more than one consecutive intersections at one time.
B Notify Engineer 48 hours prior to closing a street or a street crossing. Permits for street
closures are required in advance and are the responsibility of the Contractor.
C Maintain access for emergency vehicles including access to fire hydrants.
01140-1
DIVISION 1
GENERAL REQUIREMENTS
TECHNICAL
SPECIFICA TIONS
CITY OF PEARLAND
GENERAL CONDITIONS
[1bis form is for use in the event CONTRACTOR is a corporation.]
AFFIDA VIT
ST ATE 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 representations as set out in the instrument to
which this Affidavit is attached, are true and correct.
SWORN TO AND SUBSCRIBED TO before me this, the
day of
,20
Notary Public, State of Texas
My Commission Expires:
04/2002
00700-B6
CITY OF PEARLAND
GENERAL CONDITIONS
of limitations, and shall in addition be deemed to be continuing for such additional period of time as
shall be necessary to compensate and repay to OWNER all costs or damages incurred by it by reason of
such claims.
SIGNED and EXECUTED this, the
day of
20
CONTRACTOR
Signature
Print Name:
[If CONTRACTOR is a proprietorship, owner must sign; if a partnership, each partner must sign; if a
corporation, the following language should be used.]
SIGNED and EXECUTED this, the
day of
,20_ ,by
, a Texas corporation, under authority granted to the
undersigned by said corporation as contained in the Charter, By-Laws or Minutes of a meeting of said
corporation regularly called and held.
CONTRACTOR:
By:
President
ATTEST:
Corporate Secretary
(Corporate Seal)
04/2002
00700-B4
CITY OF PEARLAND
GENERAL CONDITIONS
money of any nature whatsoever for materials furnished and used in the job or for work done, and
hereby releases and discharges OWNER from any liabilities of any nature whatsoever, for any claims of
any nature made by the CONTRACTOR at some future date, or by its successors or assigns.
II.
The undersigned CONTRACTOR further represents to OWNER that the Final Payment Estimate
and Change Order, if any, submitted by the CONTRACTOR to OWNER, whether or not modified,
corrected or changed in some way by deletions or other modifications by the ENGINEER, the
CONTRACTOR or the OWNER, a copy of which is attached hereto and marked Exhibit "B", is true,
correct and accurate; and it is further agreed and stipulated by the undersigned CONTRACTOR that
upon the receipt of final payment in the amount as set out on the Final Payment Estimate and Change
Order, the CONTRACTOR, by execution of this instrument of release, does, therefore, release and
forever discharge OWNER of and from all manner of debts, demands, obligations, suits, liabilities and
causes of action of any nature whatsoever under and by virtue of the terms and provisions of the
Contract hereinbefore referred to, and any change or modification thereof, or in any manner growing out
of or arising from or by virtue of the work, labor and services performed by the CONTRACTOR.
III.
CONTRACTOR, in addition to the provisions set out in the contract document, agrees to
indemnify and hold OWNER harmless from any and all causes of action, claims, demands or suits made
by any person or other entity against OWNER, by reason of the work performed by such
CONTRACTOR, and agrees to defend or to cause the same to be defended at the CONTRACTOR's sole
expense and obligation, whenever such actions may be brought, and further to pay all costs incurred by
04/2002
00700-B2
CITY OF PEARLAND
Barry Rose Landscape
2.0 PRODUCTS - Not Used
3.0 EXECUTION - Not Used
END OF SECTION
COORDINATION AND MEETINGS
01310-2
CITY OF PEARLAND
Barry Rose Landscape
SUBMITTALS
B Transmittal Form and Numbering
1. Transmit each submittal to the Engineer with a transmittal form
2. Sequentially number each transmittal form beginning with the number 1.
Resubmittals shall use the original number with an alphabetic suffIx (i.e., 2A
for fIrst resubmittal of Submittal 2 or 1 5C for third resubmittal of Submittal
15). Each submittal shall only contain one type of work, material, or
equipment. Mixed submittals will not be accepted.
3. Identify variations from requirements of Contract Documents and identify
product or system limitations.
4. For submittal numbering of video tapes, see paragraph 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
(LS) in the Bid Schedule for which the Contractor requests to receive progress
payments.
B Schedule of Values shall be typewritten on 8-112" x 1 1", plain bond, white paper. Use
the Table of Contents of this Project Manual as a format for listing costs of Work by
Section.
C Round off fIgures for each listed item to the nearest $100.00 except for the value of one
item, if necessary, to make the total price for all items listed in the Schedule of Values
equal to the applicable lump sum amount in the Bid Schedule.
D For Unit Price Contracts, items should include a proportional share of Contractor's
overhead and profit, such that the total of all items listed in the Schedule of Values
equals the Contract amount. For Stipulated Price Contracts, mobilization, bonds, and
insurance may be listed as separate items in the Schedule of V alues.
E For lump sum equipment items where submittal of operations and maintenance data and
testing are required, include a separate item for equipment operation and maintenance
data submittal valued at 5 percent of the lump sum amount and a separate item for testing
and adjusting valued at 5 percent ofthe lump sum amount.
F Revise the Schedule of Values and resubmit for items affected by Contract
Modifications, Change Orders, and Work Change Directives. Submit revised Schedule of
Values 10 days prior to the fIrst Application for Payment after the changes are approved
by the Engineer.
01350-2
CITY OF PEARLAND
Barry Rose Landscape
SUB MITT ALS
F The Contractor's Construction Schedule shall thereafter be updated with the Actual Start
and Actual Finish Dates, Percent Complete, and Remaining Duration of each Activity
and submitted monthly. The date to be used in updating the monthly Construction
Schedule shall be the same Date as is used in the monthly Application for Payment. This
monthly update of the schedule shall be required before the monthly Application for
Payment will be processed for payment.
G The narrative Schedule Report shall include a description of changes made to the
Construction Schedule; Activities Added to the Schedule; Activities Deleted from the
Schedule; any other changes made to the Schedule other than the addition of Actual Start
Dates and Actual Finish Dates and Remaining Durations.
1.05 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES
A Shop Drawings
1. Submit shop drawings for review as required by the Specifications.
2. Contractor's Certification, as described in paragraph 1 .02C, shall be placed on
each drawing.
3. The drawings shall accurately and distinctly present the following:
a. Field and erection dimensions clearly identified as such
b. Arrangement and section views
c. Relation to adjacent materials or structure including complete
information for making connections between work under this Contract
and work under other contracts
d. Kinds of materials and [mishes
e. Parts list and descriptions
f. Assembly drawings of equipment components and accessories showing
their respective positions and relationships to the complete equipment
package
g. Where necessary for clarity, identify details by reference to drawing
sheet and detail numbers, schedule or room numbers as shown on the
Contract Drawings.
4. Drawings shall be to scale, and shall be a true representation ofthe specific
equipment or item to be furnished.
B Product Data
1. Submit product data for review as required in Specification sections.
2. Contractor's Certification, as described in paragraph 1 .02C, shall be placed on each
data item submitted.
3. Mark each copy to identify applicable products, models, options to be used in this
Project. Supplement manufacturers' standard data to provide information unique to
this Project, where required by the Specifications.
4. For products specified only by reference standard, give manufacturers, trade
name, model or catalog designation and applicable reference standard.
01350-4
CITY OF PEARLAND
Barry Rose Landscape
MA TERIAL AND EQUIPMENT
Section 01600
MA TERIAL AND EQUIPMENT
1.0 G ENE R A L
1.01 SECTION INCLUDES
A Requirements for transportation, delivery, handling, and storage of materials and
equipment.
1.02 PRODUCTS
A Products: Means material, equipment, or systems forming the Work. Does not include
machinery and equipment used for preparation, fabrication, conveying and erection of
the Work. Products may also include existing materials or components designated for
reuse.
B Do not reuse materials and equipment, designated to be removed, except as specified by
the Contract Documents.
C Provide equipment and components from the fewest number of manufacturers as is
practical, in order to simplify spare parts inventory and to allow for maximum
interchangeability of components. For multiple components of the same size, type or
application, use the same make and model of component throughout the project.
1.03 TRANSPORTATION
A Make arrangements for transportation, delivery, and handling of equipment and
materials required for timely completion of the Work.
B Transport and handle products in accordance with instructions.
C Consign and address shipping documents to the proper party giving name of Project,
street number, and City. Shipments shall be delivered to the Contractor.
1.04 DELIVERY
A Arrange deliveries of products to accommodate the short term site completion
schedules and in ample time to facilitate inspection prior to installation. Avoid
deliveries that cause lengthy storage or overburden of limited storage space.
B Coordinate deliveries to avoid conflict with Work and conditions at the site and to
accommodate the following:
1. Work of other contractors or the City.
2. Limitations of storage space.
3. Availability of equipment and personnel for handling products.
4. City's use of premises.
01600-1
CITY OF PEARLAND
Barry Rose Landscape
MA TERIAL AND EQUIPMENT
E Do not use lawns, grass plots, or other private property for storage purposes without
written permission of the owner or other person in possession or control of such
prermses.
F Protect stored materials and equipment against loss or damage.
G Store in manufacturers' unopened containers.
H Materials delivered and stored along the line of the Work shall be neatly, safely, and
compactly stacked along the work site in such manner as to cause the least
inconvenience and damage to property owners and the general public, and shall be not
closer than 3 feet to any fITe hydrant. Public and private drives and street crossings shall
be kept open.
I Damage to lawns, sidewalks, streets or other improvements shall be repaired or
replaced to the satisfaction of the City Engineer. The total length which materials may
be distributed along the route of construction at anyone time is 1000 lineal feet, unless
otherwise approved in writing by the City Engineer.
2.0 PRO DUe T S - Not Used
3.0 EX E CUT ION - Not Used
END OF SECTION
01600-3
CITY OF PEARLAND
Bany Rose Lands'cape
PRODUCT OPTIONS AND SUBSTITUTIONS
1.04 CONTRACTOR'S RESPONSIBILITY
A The Contractor's responsibility related to product options and substitutions is defmed in
the General Conditions.
B Furnish information the Engineer deems necessary to judge equivalency of the alternate
product.
C Pay for laboratory testing, as well as any other review or examination costs, needed to
establish the equivalency between products in order to obtain information upon which
the Engineer can base a decision.
D If the Engineer determines that an alternate product is not equal to that named in the
Specifications, the Contractor shall furnish one of the specified products.
1.05 ENGINEER'S REVIEW
A Alternate products or processes may be used only if approved in writing by the
Engineer. The Engineer's determination regarding acceptance of a proposed alternate
product is fmal.
B Alternate products will be accepted if the product is judged by the Engineer to be
equivalent to the specified product or to offer substantial benefit to the Owner.
C The Owner retains the right to accept any product or process deemed advantageous to
the Owner, and similarly, to reject any product or process deemed not beneficial to the
Owner.
1.06 SUBSTITUTION PROCEDURE
A Collect and assemble technical information applicable to the proposed product to aid in
determining equivalency as related to the approved product specified.
B Submit a written request for a construction product to be considered as an alternate
product.
C Submit the product information after the effective date of the Agreement and within the
time period allowed for substitution submittals given in the General Conditions. After
the submittal period has expired, requests for alternate products will be considered only
when a specified product becomes unavailable because of conditions beyond the
Contractor's control.
D Submit 5 copies of each request for alternate product approval. Include the following
information:
1. Complete data substantiating compliance of proposed substitution with
01630-2
CITY OF PEARLAND
Barry Rose Landscape
PROJECT RECORD DOCUMENTS
Section 01760
PROJECT RECORD DOCUMENTS
1.0 G ENE R A L
1.01 SECTION INCLUDES
A Maintenance and Submittal of Record Documents and Samples.
1.02 MAINTENANCE OF DOCUMENTS AND SAMPLES
A Maintain one record copy of documents at the site in accordance with Document 00700 -
General Conditions, paragraph 3.02.
B Store Record Documents and samples in a secure location. Provide secure storage for
Record Documents and samples.
C Label each document "PROJECT RECORD" in neat, large, printed letters.
D Maintain Record Documents in a clean, dry, and legible condition. Do not use Record
Documents for construction purposes.
E Keep Record Documents and Samples available for inspection by Engineer.
1.03 RECORDING
A Record information concurrently with construction progress. Do not conceal any work
until required information is recorded.
B Contract Drawings, Change Orders, and Shop Drawings: Legibly mark each item to
record all actual construction, or "as built" conditions, including:
1. Measured horizontal locations and elevations of underground utilities and
appurtenances, referenced to permanent surface improvements.
2. Elevations of underground utilities referenced to bench mark utilized for
project.
3. Field changes of dimension and detail.
4. Changes made by modifications.
5. Details not on original contract drawings.
6. References to related shop drawings and Modifications.
C Record information with a red pen or pencil on a set of blue line opaque drawings,
provided by Engineer.
01760-1
CITY OF PEARLAND
Barry Rose Landscape
PROJECT CLOSEOUT
Section 01770
CONTRACT CLOSEOUT
1.0 G ENE R A L
1.01 SECTION INCLUDES
A Closeout procedures including final submittals such as operation and maintenance data,
warranties, and spare parts and maintenance materials.
1.02 CLOSEOUT PROCEDURES
A Comply with Document 00700 - General Conditions regarding Final Completion and
Final Payment when Work is complete and ready for Engineer's final inspection.
B Provide Project Record Documents in accordance with Section 01350 - Submittals.
C Complete or correct items on punch list, with no new items added. Any new items will be
addressed during warranty period.
D The Owner will occupy portions ofthe Work as specified in other Sections.
E Contractor shall request Final Inspection at least two weeks prior to Final Acceptance.
1.03 FINAL CLEANING
A Execute [mal cleaning prior to [mal inspection.
B Clean debris from drainage systems.
C Clean site; sweep paved areas soiled by contractor's operations, rake clean landscaped
surfaces.
D Remove waste and surplus materials, rubbish, and temporary construction facilities
from the site following the [mal test of utilities and completion of the work.
1.04 OPERATION AND MAINTENANCE DATA
A Submit operations and maintenance data as noted in Section 01350 - Submittals.
1.05 WARRANTIES
A Provide one original of each warranty from Subcontractors, suppliers, and
manufacturers.
B Provide Table of Contents and assemble warranties in 3-ring/D binder with durable
plastic cover.
01770-1
DIVISION 2
SITE WORK
CITY OF PEARLAND
Barry Rose Landscape
LANDSCAPE IRRIGATION
length of pipe to lie flat so as not to subject it to undue bending or concentrated external
load at any point. Any sections of pipe that have been dented or otherwise damaged must
be discarded.
B. Storage of Materials: The Contractor must make prior arrangements with the Owner
before moving any materials on-site for storage. If an on-site materials storage area is
approved, it must be kept neat and orderly at all times.
1.05 SUBMITTALS
A. Operation and Maintenance Manuals:
1. The Contractor shall prepare and deliver to the Engineer within ten calendar days prior
to completion of construction, one hard cover three-ring binder containing the
following information:
a. An index sheet stating the Contractor's address and telephone number, list of
equipment with names and addresses of local manufacturer's representatives.
b. Catalog and parts sheet on all materials and equipment installed under this
contract.
c. Complete operating and maintenance instructions for all major equipment.
2. Provide the Owner's maintenance personnel with complete instructions for operation of
the irrigation system including start-up and shut-down procedures.
B. As-Built Drawings:
1. Upon completion of the project, the Contractor shall submit to the Engineer prior to
fmal acceptance of the project, one set of as-built drawings in accordance with the
requirements of Section 01760.
2. The Contractor shall dimension from two permanent points of reference (building
comers, sidewalks, road intersections, etc.) the locations of the following items:
connection to existing water lines, routing of sprinkler pressure lines (dimension
maximum of 100' along route), sprinkler control valves, hose bibbs, and other related
equipment as directed by the Engineer. Any zoning changes shall also be indicated.
1.06 GUARANTEES
A. During a period of one year from and after final acceptance of the entire work, the
Contractor shall, at his own expense, make all needed repairs or replacements due to
defective workmanship or materials which in the judgment of the Engineer shall become
necessary during such period. If within ten days after mailing of a written notice or
verified communication by the Owner to the Contractor or his agent requesting such
repairs or replacement the Contractor shall neglect to make or undertake with due diligence
to make the repairs, the Owner may make such repairs at the Contractor's expense. If,
however, an emergency arises wherein the Contractor cannot immediately accomplish the
required repairs, and in the judgment of the Owner and/or the Engineer delay would cause
serious loss or damage to plants or other site items including buildings, repairs may be
made by the Owner, and the Contractor shall be liable for the cost of such emergency
reparrs.
02811-2
CITY OF PEARLAND
Barry Rose Landscape
LANDSCAPE lRRIGA TION
2.03 PVC FITTINGS
Fittings for solvent weld pipe shall be socket type, pve Schedule 40, meeting all requirements
for use with pipe specified. All fittings shall bear the manufacturer's name or trademark,
material designation, size, applicable I.P .S. schedule and NSF seal of approval.
2.04 COPPER PIPE
Copper pipe for domestic water shall be Type "L" copper, conforming to ASTM B~88. Fittings
for copper pipe shall be wrought copper or cast bronze, 150 PSI. Joints shall be solder joints
with 50-50 tinantimony.
2.05 GATE VALVES
Gate valves for 3/4" through 2 1/2" shall be of brass or bronze construction, solid wedge, I.P.S.
threads, non-rising stem with wheel operating handle.
2.06 VALVE ASSEMBLY RISERS
Risers for all multi-valve assemblies shall be equal in diameter to the largest valve in the
assembly.
2.07 BACKFLOW PREVENTER
Shall be American made, of brass construction, 150 PSI working pressure, and of a type as
required by local plumbing codes.
2.08 OTHER MATERIALS
See the Drawings for specifications concerning drip emitters and tubing, drip filters, electrical
control valves, valve boxes, electrical control wiring, electrical controllers, sprinkler heads and
nozzles, and hose bibbs.
Part 3 - INSTALLATION
3.01 WATER SUPPLY
The following items of water supply for the irrigation system shall be the responsibility of the
party indicated:
Owner - Water tap to existing water main & water meter installation.
Contractor - Brass gate valve downstream of meter.
02811-4
CITY OF PEARLAND
Barry Rose Landscape
LANDSCAPE IRRIGATION
C. Any trenches that settle below the surrounding grade during the guarantee period shall be
refilled and compacted to proper grades. The Contractor shall be liable for any damage
that improperly filled and compacted trenches may cause to sod or planting bed areas,
pavement, structures, or any work of other contractors.
D. After the installation is complete, The Contractor shall return all soil surfaces disturbed by
his operations to the grades existing prior to the beginning of his work.
3.06 CONTROL WIRING
Wiring between electric valves and controllers shall be buried in the main line trench under the
pressure pipe where possible or under lateral lines where necessary. If wire must be routed in
trenches without piping, wire shall be placed inside a suitably sized PVC conduit. See the
details in the Drawings for additional control wiring specifications.
3.07 AUTOMATIC CONTROLLER
Install according to the manufacturer's instructions. Electric control valves shall be connected
to the controller in numerical sequence as shown on the Drawings. Responsibilities for
electrical connections are as follows:
Contractor - Service from source to meter box.
Contractor - Meter box and internal wiring.
Contractor - Electrical panel box, internal electrical wiring & connection to meter
box.
Contractor - Electrical connection from panel box or junction box to controller.
3.08 ELECTRIC CONTROL VALVES
Install where shown on the Drawings and according to details in the Drawings. When valves
are grouped together (not in a valve assembly), allow at least twelve inches between valves, and
install each valve in a separate valve box.
3.09 SPRINKLER HEADS
Spacing of heads shall be as shown on the Drawings and shall be exceeded only with the prior
approval of the Engineer. Careful attention shall be given to setting heads at proper elevations
as shown in the details on the Drawings.
3.10 CLEAN-UP
Clean-up shall be a daily operation throughout the duration of the work. The Contractor shall
be responsible for disposing, off-site, of any trash or debris generated by the installation of the
work. All excavated materials shall be deposited at least six inches away from any trench side.
Any excess materials shall be promptly hauled away, leaving the backfilled trench with a neat
and workmanlike appearance to the satisfaction ofthe Engineer.
02811-6
CITY OF PEARLAND
Barry Rose Landscape
LANDSCAPE IRRIGATION
2. Prior to the final inspection, the Contractor shall provide evidence that the Owner has
received all accessories, as-built drawings, and equipment as required. Final inspection
shall not occur until such evidence is provided.
3. Should deficiencies still exist, the Contractor shall correct them and request a re-
inspection. Once the Engineer is satisfied that the system is complete and operating
properly, he shall so certify in writing and thus initiate the maintenance and guarantee
periods.
END OF SECTION
02811-8
CITY OF PEARLAND
Barry Rose Landscape
LANDSCAPE PLANTING
1.05 PROTECTION AND HANDLING OF PLANTS
A. Insofar as is practicable, plant material should be planted on the day of delivery to the site.
In the event that this is not possible, the Contractor shall protect the stock not planted.
B. Balled plants which cannot be planted immediately upon delivery shall be set on the
ground in the shade, if possible, and shall have the ball covered with wet burlap, soil, or
other suitable material for protection from sun and wind. Plant tops shall also be protected
from sun and wind.
C. Container grown plants shall remain in their container until ready to be set in their plant
pit.
D. All plants shall be handled in such a manner as to avoid damage of any kind. No plant
shall be moved by grasping the foliage or by grasping only the trunk or branches. Balled
plants shall be lifted by the bottom of the ball and container grown stock shall be handled
by the container.
E. Plants shall not be bound with wire, rope or other material in a manner which would
damage the bark, break branches, or destroy the shape of the plant.
F. All plants shall be watered as necessary to keep them in top condition until planted.
G. In the event of freezing temperatures during the course of the work, all tender plants
whether planted or stored on-site shall be covered with an insulating material for the
duration of the period of freezing temperature. In the case of stored materials, the
Contractor shall have the option to remove said materials from the project site in order to
provide adequate protection but shall still be liable for replacement costs of damaged
materials. If, in the determination of the Engineer, planted materials were adequately
protected but were still damaged, replacement costs shall be paid the Owner.
1.06 GUARANTEES
A. Plant materials shall be guaranteed by the Contractor to be in vigorous growing condition
from the date of the Owner's [mal acceptance ofthe completed project or from a date seven
days after certification by the Engineer that the project is complete, whichever comes fIrst,
for a period oftime as follows:
Trees 365 days (1 year)
B. Any plants which are replaced during the guarantee period shall be guaranteed for the
remaining portion of the original period or for a period from the date of replacement as
follows, whichever is longer:
Trees 93 days (3 months)
C. In no instance will a guarantee of any plant material be required beyond the original
guarantee period or the extended period as applicable.
02931-2
CITY OF PEARLAND
Barry Rose Landscape
LANDSCAPE PLANTING
remove his debris and/or materials from areas where they conflict with the operation of
other contractors. Materials storage areas shall be kept looking neat and orderly at all
times.
B. Final: Prior to final inspection, the Contractor shall give all tree rings a [mal weeding and
raking, repair plant basins, adjust plant stakes, remove all of his tools, surplus materials and
equipment from the site, sweep and/or wash all paved areas soiled by his operations and
generally leave the site in a neat, orderly condition.
Part 2 - Materials
2.01 PLANTS
A. Quantities: The Contractor shall supply plant materials in the quantities necessary to
complete the work as shown in detail on the Drawings. Quantities of ground covers and
turf grass, as indicated on the Drawings and in the plant list, are approximate. These
materials shall be provided in quantities sufficient to properly plant the designated area at
the spacings indicated on the Drawings.
B. Quality:
1. All plants shall be sound, healthy specimens typical of their species with well-formed
tops and roots and shall be free from injurious insects, insect eggs or larvae, diseases,
serious injuries to the bark, roots, or foliage, broken branches, or any other
disfigurements.
2. Balled and burlapped plants shall have a firm, natural ball of earth so wrapped with
burlap that the earth is held firmly around the roots. Earth balls shall be neither
cracked nor broken, nor shall the plant be loose in the ball.
3. Container grown plants shall be of a reasonable age and state of development for the
size container specified. Plants shall have been growing in their containers long
enough to have developed a good sound root system capable of holding the entire soil
mass intact after removal from the container, but not so long as to have become pot-
bound.
C. Size
1. All plants shall equal or slightly exceed the measurements specified on the plant list,
which are minimum acceptable sizes. Plants substantially larger than specified may be
used subject to approval of the Engineer; however, the use of such plants shall not
increase the contract price. Height to spread to caliper ratios of all plants shall be
typical of the best examples of the species.
2. Minimum ball sizes shall be as specified on the Drawings. Requests for variances shall
be submitted to the Engineer for approval.
3. Exterior plants shall be measured before pruning, with branches in normal position and
in accordance with the Drawings and the American Standard for Nursery Stock.
Height and spread dimensions shall be measured to the limits of the main body of the
plant rather than the extreme tips of growth, as illustrated on the Drawings.
02931-4
CITY OF PEARLAND
Barry Rose Landscape
LANDSCAPE PLANTING
3.02 LOCA TION OF PLANTS
Plants shall be located as shown on the Drawings. In the event plants cannot be so located
because of differences between plan locations and actual site conditions, or because of
unusually large rock, underground construction, underground or overhead utilities, tree roots, or
other obstructions, the Contractor shall notify the Engineer for a determination as to the course
of action to be taken.
3.03 PLANT PIT PREPARATION
Refer to the details on the Drawings.
3.04 SETTING PLANTS
All plants shall be handled in accordance with these specifications and planted in accordance
with the planting details on the Drawings.
3.05 BACKFILLING
Materials for use in backfilling plant pits shall be as previously specified herein. Backfilling
shall be accomplished as indicated in the planting details on the Ddwings.
3.06 GRASS SEEDING
Not a part of this contract.
3.07 SOLID AND SPOT SODDING
Not a part of this contract.
3.08 WATERING
All plants shall be watered within one hour of planting.
3.09 PRUNING
A. Any necessary pruning shall be done at the time of planting as directed by the Engineer and
in accordance with standard horticultural methods.
B. Pruning shall be limited to the minimum necessary to remove injured twigs, branches, or
roots, and as much additional as required by the Engineer, and shall be done in such a
manner as to retain the natural shape of the plant.
C. Cuts over three-quarters of an inch in diameter shall be painted with an approved tree
wound dressing.
END OF SECTION
02931-6