R2002-0165 10-14-02 RESOLUTION NO. R2002-165
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AWARDING A BID FOR CONSTRUCTION SERVICES
ASSOCIATED WITH THE MYKAWA BRIDGE WETLAND MITIGATION
PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City opened bids for construction services associated with the
Mykawa Bridge Wetland Mitigation Project, and such bids have been reviewed and
tabulated.
Section 2. That the City Council hereby awards the bid to Haddock Construction
Company, in the amount of $69.420.00.
Section 3. The City Manager or his designee is hereby authorized to execute a
contract for construction services associated with the Mykawa Bridge Wetland Mitigation
Project.
PASSED, APPROVED and ADOPTED this the 14 dayof October .,
A.D., 2002.
ATTEST:
APPROVED AS TO FORM:
CITY ATTORNEY
TOM REID
MAYOR
Freese
NichoLs,
Envirenme ~aL Scle?[is:s Architects
2010 East Broadway
October 2, 2002
FNi 02-149
Pear[and, TX 77581 5502
281,~85 2404
281/485 4322 fax
Mr. Joe Wertz
Director of Projects
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Re:
Wetland Mitigation Plan
Mykawa Bridge Replacement
Dear Joe:
On September 30, 2002, three (3) bids were opened for the referenced project. Bids were
checked and tabulated. The low bidder is Haddock Construction Company with a bid of
$69,420.00. Enclosed are ten (10) copies of bid tabulation sheet.
Haddock Construction Company is a responsive and responsible company with experience in
this type of work. We have ~vorked with them on previous projects for the City of Pearland and
other cities. We recommend award of this contract to Haddock Construction Company, 3720
County Road 48, Rosharon, Texas 77583, 281-489-2828.
We are looking forward to the successful implementation of this project. Please call me ifI can
be of service to you.
Sincerely,
Mehran (Ron) Bavarian, P.E.
Associate
Houston Area Manager
Attachment:
- z~O
_m
Exhibit "A"
R2002-165
CITY OF PEARLAND, TEXAS
SPECIFICATIONS AND CONTRACT DOCUMENTS FOR CONSTRUCTION OF
MYKAWA ROAD BRIDGE REPLACEMENT
AT HICKORY SLOUGH
WETLAND MITIGATION PLAN
B 2002-067
JULY 2002
TOM REID
MAYOR
RICHARD TETENS WOODY OWENS
POSITION NO. 1 POSITION NO. 2
CHARLES VIKTORIN LARRY MARCOTT
POSITION NO. 3 POSITION NO. 4
BILL EISEN
CITY MANAGER
WALSH/FREESE • NICHOLS
KLAUS SEEGER
POSITION NO. 5
YOUNG LORFING
CITY SECRETARY
WFN 02-149
CITY OF PEARLAND, TEXAS
SPECIFICATIONS AND CONTRACT DOCUMENTS FOR CONSTRUCTION OF
MYKAWA ROAD BRIDGE REPLACEMENT
AT HICKORY SLOUGH
WETLAND MITIGATION PLAN
B 2002-067
JULY 2002
Prepared by:
Walsh/Freese & Nichols, Inc.
2010 East Broadway
Pearland, Texas 77581
(281) 485-2404
WFN 02-149
8811
•
•
•
CITY OF PEARLAND
CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS
FOR CONSTRUCTION OF
MYKAWA ROAD BRIDGE REPLACEMENT
AT HICKORY SLOUGH
WETLAND MITIGATION PLAN
TABLE OF CONTENTS
A. NOTICE TO BIDDERS
B. INSTRUCTIONS TO BIDDERS
C. PROPOSAL
D. STANDARD FORMS OF AGREEMENT BETWEEN OWNER AND CONTRACTOR
E LABOR CLASSIFICATION AND MINIMUM WAGE SCALE
F. GENERAL AND SPECIAL CONDITIONS
G. TECHNICAL SPECIFICATIONS
ITEM 1 SITE PREPARATION AND RESTORATION
ITEM 2 DETENTION POND EXCAVATION
ITEM 3 REINFORCED CONCRETE PIPE
ITEM 4 WETLAND DEVELOPMENT
ITEM 5 RIPRAP
ITEM 6 HYDRO -MULCH SEEDING
ITEM 7 CEMENT STABILIZED SAND
ITEM 8 TRENCHING AND SHORING SAFETY REQUIREMENTS
ITEM 9 TEMPORARY EROSION SEDIMENTATION AND WATER
POLLUTION
ITEM 10 TEMPORARY SEDIMENT CONTROL FENCE
ITEM 11 DRAINAGE STRUCTURES
APPENDIX "A" U. S. A. C. E PERMIT
SECTION A
NOTICE TO BIDDERS
NOTICE TO BIDDERS
CITY OF PEARLAND, TEXAS
BID NO. B 2002-067
Sealed bids will be received, in duplicate, marked "MYKAWA ROAD BRIDGE
REPLACEMENT AT HICKORY SLOUGH - WETLAND MITIGATION PLAN", BID
NO. B 2002-067 in the office of the Purchasing Officer, the City of Pearland, City Hall,
3519 Liberty Drive, Pearland, Texas, 77581 until 3:00 p m., September 30, 2002, at
which time they will be publicly opened and read aloud for the furnishing of:
MYKAWA ROAD BRIDGE REPLACEMENT
AT HICKORY SLOUGH
WETLAND MITIGATION PLAN
B 2002-067
This project will entail:
Expansion of existing detention pond by excavation and removal of approximately 3,030
c.y from the pond, removal of existing storm sewer pipe and concrete swale, installation
of 18" RCP equalizer pipe, removal and transplanting of 0.176 acre of seed bed of
wetland species from Hickory Slough to the detention pond, all complete and operational.
Information and Bid Documents: Copies of Contract Documents and Technical
Specifications and Plans are on file at the following locations for review.
City of Pearland
City Hall, Purchasing Department
3519 Liberty Drive
Pearland, Texas 77581
AGC of Texas
2400 Augusta, Suite 180
Houston, Texas 77057
Dodge Reports
3131 Eastside, Suite 300
Houston, Texas 77098
(281) 652-1668
(713) 334-7100
(713) 529-4895
A - 1/2
1
These documents may be examined without charge at the above locations. Bidders may
obtain a complete set of the Contract Documents, Special Provisions to Specifications
and Plans from the Office of Engineer, Walsh/Freese & Nichols, Inc., 2010 E Broadway,
Pearland Texas 77581, upon request and amount of $50.00 per set. No partial sets will
be issued. There will not be any refund for plan sets.
No bid may be withdrawn or terminated for a period of sixty (60) days subsequent to the
opening date 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 5% of the total bid price must accompany each proposal. The City of Pearland
reserves the right to reject any or all bids, or to accept any bid deemed advantageous to it.
The successful bidders must furnish Performance, Payment, and Maintenance Bonds as
required by law (Article 5160 Vernon's Texas Civil Statutes, as amended) upon an
acceptable form in the amount of one hundred percent (100%) of the contract price, such
bonds to be executed by a corporate surety duly authorized to do business in the State of
Texas, and named on the current hst of "Treasury Department Circular No. 570", payable
to the City of Pearland, Texas.
Contractor must certify that his firm or subcontractor does not and will not maintain any
facilities he provides for his employees in a segregated manner, or permit his employees
to perfonn their services at any location under his control where segregated facilities are
maintained.
Date Gordon Island
Purchasing Officer
A - 2/2
SECTION B
INSTRUCTION TO BIDDERS
INSTRUCTION TO BIDDERS
Receipt of Bids:
Bids will be received until 3:00 p.m., September 30, 2002, in the office of the Purchasing
Officer, under conditions set forth in the published Notice to Bidders.
Information and bidding documents are obtainable from the Purchasing Officer under conditions
set forth in the published Notice to Bidders.
Discrepancies and Interpretation:
Notify the City Engineer and Walsh/Freese and Nichols in writing at least five (5) days prior to
bid date if discrepancies, ambiguities, or omissions are found in the Specifications or Drawings
or if further information or interpretation is desired.
Answers will be given in writing to all Bidders in addendum form. All provisions and
requirements of such addenda will supersede or modify affected portions of Specifications or
Drawings. All addenda will be incorporated in and bound with the contract documents. No
other explanation or interpretation will be considered official or binding.
Mailing Procedure:
Submit Proposal and Bid Check or Bond in an opaque sealed envelope. Identify the envelope
with the project name and the name and mailing address of the Bidder.
Proposals may not be modified after submittal. Bidders may withdraw Proposal at any time prior
to the advertised bid opening time but may not resubmit a Proposal once it has been withdrawn.
Proposals received after the advertised time set for opening will be ineligible and will be returned
unopened.
Proposal:
Submitted Proposal shall be based on conditions at the project site, the Specifications, the
Drawings and any addenda to Specifications and/or Drawings issued prior to opening of bids.
Authoritatively execute and submit bid Proposal form furnished with the Bid Documents to
insure complete uniformity of wording.
Proposal showing omissions, alterations of wording, conditional bids, or carrying nders or
qualifications which modify the proposal as submitted will be rejected as irregular.
B - 1/4
Submit Proposal in duplicate. Two copies of the Proposal form which are not bound in the
Specifications are furnished for the Bidders use in submitting his bid.
The Proposal Form bound in the Specifications is for the Bidder's mfonlnation and is not to be
completed.
Each bidder shall submit only one Proposal; if two or more Proposals are submitted by any
bidder, either m one envelope or in separate envelopes, then such Proposals will be subject to
rej ection.
Proposal amounts may not be amended or modified in any manner after the time set for bid
opening in the published invitation to Bidders. Under no circumstances will the bidder be
permitted to alter his bid after it has been read.
The City of Pearland reserves the right to reject any or all Proposals submitted, or to award the
Contract to the Bidder who, in the City's opinion, offers the most advantageous proposal for the
purpose intended.
Financial Statement:
The bidder will be required by the Owner to furnish a financial statement.
Proposal Guaranty:
A Certified or Cashier's Check on a State or National Bank in the State of Texas, or a Bidder's
Bond from an acceptable Surety Company authorized to transact business in the State of Texas,
in the amount of not less than five percent (5%) of the greatest total amount of the Bidders'
Proposal, payable without recourse to the order of the City of Pearland must accompany each
proposal as a guarantee that if awarded the Contract, the bidder will promptly enter into Contract
and execute Performance and Payment Bonds on the forms provided.
Should the successful Bidder fail to execute Contract and Bonds within fifteen (15) days after
notifications of award of Contract, said check or bidder's bond shall become the property of the
Owner as set forth in Paragraph 2.05 of the General Conditions of Agreement.
Qualifications of Bidder:
The Owner will make such investigations as he deems necessary to determine the ability of the
Bidder to perform the work, and the Bidder may furnish to the Owner all such information and
data for this purpose as the Owner may request. The owner reserves the right to reject any
bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that
such bidder is properly qualified to carry out the obligations of the contract and to complete the
work contemplated therein.
B - 2/4
Performance and Payment Bonds:
The successful bidder to whom the Contract is awarded will be required to furnish a Performance
Bond and Payment Bond, as set forth in Paragraph 2.04 of the General Conditions of Agreement.
Bond forms bound in the Specifications are included as information to the Bidder.
Insurance:
Before starting work, the successful bidder to whom the Contract is awarded will be required to
obtain insurance coverage as set forth in Paragraph 2.07 of the General Conditions of Agreement.
Site Investigation:
Examination of project site, existing structures and adjacent property and familiarizing himself
with existing conditions before he prepares and submits his Proposal is the responsibility of each
bidder.
After investigating the project site and comparing the Drawings and Specifications with the
existing conditions, immediately notify the Engineer of any conditions, for which requirements
of labor and material are not clear, or about which there are questions regarding the extent of the
work involved.
Should the successful Bidder fail to make the required investigation and should a question arise
later as to the extent of the work involved in any particular case, then the decision shall be made
by the Engineer as to proper interpretation of the Specifications and Drawings.
It is understood that full and complete allowance for conditions under which the Contractor will
be required to operate, or that will in any manner affect work under this Contract is included in
the Bidder's Proposal and in the Contract Amount.
Contract and Contract Form.
The Contract form bound in the Specifications is included as information to the Bidder. It is.not
to be used in submitting a Proposal.
The Owner agrees that the award of the Contract, if awarded, will be within fifteen (15) days
after date of opening bids unless otherwise stated in the proposal.
State Sales Tax:
The Owner qualifies for exemption from, the State and Local Sales Tax pursuant to the
provisions of Article 10.04 (F) of the Texas Limited Sales, Excise and Use Tax Act.
B-3/4
The Contractor performing this Contract may purchase all materials, supplies, equipment
consumed in the performance of this Contract by issuing to his suppliers an exemption certificate
in lieu of the tax, said exemption certificate complying with State Comptroller of Public
Accounts Ruling No. 95-0.07 Any such exemption certificate issued by the Contractor in lieu of
the tax shall be subject to the provision of the State Comptroller of Public Accounts Ruling No.
95-0.09 as amended to be effective October 2, 1968.
Schedule of Minimum Wage Rates:
The Contractor shall comply with the current prevailing wage laws and regulations. The
minimum wages to be paid on this project shall be in accordance with classification and wages
set forth in Section E
Safety and Health Requirements:
The Contractor shall comply with all requirements of the Safety and Health Regulations for
construction and any other applicable sections of the Williams -Steiger Occupational Safety and
Health Act of 1970 as well as other applicable Local, State and Federal Regulations.
The City of Pearland is not responsible for advising the Contractor of specific requirement, nor
for enforcing any requirements of the Occupational Safety and Health or other related Act.
Utility Service for Construction*
Water and other temporary utility services if it is required. The Contractor shall be responsible to
secure any other required permit from local, state and federal government.
Required Permits:
City will acquire TxDOT permit if it is required The Contractor shall be responsible to secure
any other required permit from local, state, and federal government
B 4/4
SECTION C
BID PROPOSAL
CONSTRUCtiON OF
MYKAWA ROAD BRIDGE REPLACEMENT
Al HICKORY SLOUGH i
WETLAND Mil IGAtION PLAN
B 2002-067
BID PROPOSAL
(Submit in Duplicate)
Dated: ils-e36)-- e902
The Honorable Mayor and Council
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Gentlemen:
Pursuant to the published Notice to Bidders, the undersigned bidder hereby proposes to do all the
work and furnish all necessary superintendence, labor, machinery, equipment, tools and
materials, and whatever else may be necessary to complete all the work included under the
General Contract for the expansion of existing detention pond by excavation and removal of
approximately 3,030 c.y. from the pond, removal of existing storm sewer pipe and concrete
swale installation of 18" RCP equalizer pipe, removal and transplanting of 0.176 acre of seed
bed of wetland species from Hickory Slough to the detention pond, all complete and operational
in accordance with the plans, and specifications prepared by the Engineer, Walsh/Freese &
Nichols, Inc., Pearland, Texas, under the City of Pearland's inspection for the unit prices set
forth on the attached bid sheet which bears our signature for identification. It is undcrstoc d that,
in the event any changes arc ordered made in any pail of the work, the unit prices hid shall apply
as additions to or deductions from the total prices for the parts of the work so changed.
The bidder binds himself upon acceptance of his proposal to execute a contract and furnish
performance bond and payment bond each in the amount of one hundred percent (100%) of the
total contract price according to the specified forms within fifteen (15) days after notification of
award of contract, for performing and completing the sa'd work within the time stated, and
furnishing a satisfactory maintenance bond indemnifying the Owner ag'iinst defective
workinanship and material for a period of one (1) year.
The undersigned bidder agrees to commence work within ten (10) days after the date of a written
notice to commence work. It is understood and agreed that the Contractor shall complete the
work within 60 calendar days. Contract time for completion shall begin as stated upon the
issuance of the notice to commence work.
C - 1/4
BID 2002 - 06/
CITY OF PEARLAND
BID SHEET
MYKAWA ROAD BRIDGE REPLACEMENT
AT HICKORY SLOUGH
WETLAND MITIGATION PLAN
WFN 02-149
SECTION "A" - WETLAND MITIGATION DEVELOPMENT
ITEM
NO.
1
2
3
4
5
6
7
8
9
10
ITEM DESCRIPTION
Clear & Grub and Prepare Site
Detention Pond Excavation
Remove Existing 24" RCP
Remove Exist. Conc. Swale
Install 18" RCP Equalizer Pipe, Including
Excavation, Bedding, & Backfill per Plans
Outfall Struct. Works Per Details in Plans
Inca Necessary Coffer Damming of Water
for Purpose of Installation of Outfall
Precast Type "C" Conc. Storm Manhole
Remove 0.176 acre of Seed Bed of
Target Wetland Species from Hickory
Slough and transplant in bottom 6" of
Detention Pond, Complete per plans
and Specifications
1
UNIT
LS
CY
LF
LS
11 BID II UNIT II II
QUANTITY ' PRICE AMOUNT
LF
11
EA
EA
LS
Pollution Prevention Plan Per Plans LS
Trench Safety LF
Site Restoration incl. Final Grading ,Clean
Up, and Hydro -mulching
SUBTOTAL SECTION "A"
LS
C - 2/4
1.00
3,030.0011.__/0o II 33.330Iab
I
98.00 aaoo i /940 oaI
11 00 I op
1.00 /00 -- I /COO,
II it 3-4
vo
,I
70.00I sa,oa I aeco°'
I
1.00
Il 5o,� 135o. °9
111 /700•°� /700 °-
I)
11
I1
1.00
1.00
70.0011
1.00
�• I
aoo.° iT
ea
4,000. 0
SECTION "B" - EXTRA WORK
To be done where authorized by Engineer and in quantities to be authorized.
Contractor shall provide unit prices ONLY for this Section
ITEM DESCRIPTION
Extra Labor (Unskilled)
Extra Labor (Skilled)
Extra Excavation (Machine)
Extra Cement Stabilized Sand, in Place
SUBTOTAL SECTION "B"
rUNIT QUANTITY PRICE l
Man Hr
Man Hr
CY
CY
AMOUNT
$5,000.00
BID SUMMARY
SECTION "A" - WETLAND MITIGATION
SECTION "B" - EXTRA WORK
AT! EST:
Secrery of Corporation
(Corporate seal If Bidder is Corporation)
TOTAL BID
�J
CL� 9 //�
$ 5.000.00
$ to 94, 407a
00
c,A ck 6445*,4671A,,/, �►- c
BIDDER: Q D �I..L�cl
ADDRESS: il) ° . v07‹ /en 3
TELEPHONE: g /— 05- a8 pig
DATED: / ' Q 0
Receipt and Acknowledgement of the following Addendum to TECHNICAL SPECIFICATIONS
and PLANS are hereby made:
Addendum No: Dated:
Addendum No: Dated:
STATEMENT OF MATERIALS AND OTHER CHARGES
Pursuant to the Texas State Tax Code, contracts must be separated for materials to be exempt
from the sales tax. The following information is provided to qualify as a separate contract.
Oo
Materials Incorporated Into the Project: $ /5;021✓ '
All Other Charges: $ f / 73 1
Total: $ 69yao.
c:mykawaMitlgatlonbs C - 4/4
SECTION D
STANDARD FORM OF AGREEMENT
AGREEMENT BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the J±L day of
;4(0 0'in the year 2002 by and
between the City of Pearland, Texas hereinafter called OWNER) and
Haddock Construction Co., Inc. (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
Expansion of existing detention pond, removal of existing storm sewer, installation of
18' RCP equalizer pipe, and removal and transplanting of 0.176 acre of seed bed of
wetland species from Hickory Slough to the detention pond.
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The
Work is generally described as follows:
MYKAWA ROAD BRIDGE REPLACEMENT
AT HICKORY SLOUGH
WETLAND MITIGATION PLAN
B 2002-067
Article 2. ENGINEER.
The Project has been designed by Walsh /Freese and Nichols 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 (removal and transplanting of wetland
species) within 50 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 60 calendar days from the
date when the Contract Time commences to run. Contract time shall begin as stated
upon the issuance of the Notice to Commence Work
3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of
the essence of this Agreement and that OWNER will suffer financial loss if the
Work is not completed within the times specified above, plus any extensions thereof
1
allowed in accordance with the 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 Sixty Dollars ($160.00) 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
Sixty Dollars ($160 00) for each day that expires after the time specified above for
completion and readiness for final payment.
Article 4. CONTRACT PRICE
4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance
with the Contract Documents in current funds as follows:
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions.
Applications for Payment will be processed by ENGINEER as provided in the General Conditions.
5.1. Progress Payments. OWNER shall make progress payments on account of the
Contract Price on the basis of CONTRACTOR'S Applications for Payment as
recommended by ENGINEER on or about the 25th day of each month during
construction as provided below 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. Pay estimates must be in and approved by the first day of each month.
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.
90% of Work completed.
90% 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).
2
5,2 Final Payment. Upon final completion and acceptance of the Work in accordance
with the General Conditions OWNER shall pay the remainder of the Contract Price
as recommended by ENGINEER.
Article 6. OMITTED
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following
representations:
7.1. CONTRACTOR has familiarized itself with the nature and extent of the
Contract Documents, Work, site, locality, and all local conditions and Laws and
Regulations that in any manner may affect cost, progress, performance or furnishing
of the Work.
7.2. CONTRACTOR has studied carefully all reports of explorations and test of
subsurface conditions and drawings of physical conditions, and accepts the
determination set forth in such reports and drawings upon which CONTRACTOR is
entitled to rely.
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.
3
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 wntten
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. This Agreement (pages 1 to 6 , inclusive).
8.2. Exhibits to this Agreement (pages 1 to 4
inclusive). (Contractor's Bid Proposal).
8.3. Performance and other Bonds, and Certificate of
Insurance.
8.4. Proof of Insurance.
8.5. Notice of Award.
8 6. Specifications and Drawings bearing the title Mykawa Road Bridge Replacement
at Hickory Slough Wetland Mitigation Plan, B 2002-067, as listed and included
therein.
8.7. The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto All Written Amendments and other
documents amending modifying, or supplementing the Contract Documents pursuant
to the General Conditions.
8.8. The documents listed in paragraphs 8.2 et seq. above are attached to this
agreement (except as expressly noted otherwise above).
There are no Contract Documents other than those listed above in this Article 8. The Contract
Documents may only be amended, modified or supplemented as provided in the General Conditions.
4
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 of the
party sought to be bound; and specifically but without
limitation moneys that may become due and moneys that are due may not be assigned
without such consent (except to the extent that the effect of this restriction may be
limited by law), and unless specifically stated to the contrary in any written consent
to an assignment no assignment will release or discharge the assignor from any duty
or responsibility under the Contract Documents.
9.3. OWNER and CONTRACTOR each binds itself, its partners, successors
assigns and legal representatives to the other party hereto, its partners, successors,
assigns and legal representatives in respect of all covenants, agreements and
obligations contained in the Contract Documents.
Article 10. OTHER PROVISIONS.
None.
(SEE NEXT PAGE)
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in
triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and
ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER
and CONTRACTOR or by ENGINEER on their behalf.al
This Agreement will be effective on (I)C;A O9
/ I ,2002 .
OWNER
City of Pearland, Texas
BY
City Manager
[CORPORATE
SE
Attest / iL "Act — 11/ 00�:..
�� /
Addre• or giving notices
3519 Liberty Drive
Pearland, Texas 77588
Telephone 281-652-1600
(If OWNER is a public body,
attach evidence of authority
to sign and resolution or
other documents authorizing
execution of Agreement )
i
ARL▪ toDeoc,��!/O ��°;
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cn
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6
CONTRACTOR
Haddock Construction Co., Inc.
[CORPORATE SEAL]
Attest
Address for giving notices
P.O. Box 1263
Fnendswood, Texas 77549
License No.
Telephone 281-489-2828
Agent for service of process:
(If CONTRACTOR is a corporation,
attach evidence of authority to sign.)
Washington
INTERNATIONAL INSURANCE COMPANY
HASHIMOTON INTERNATIONAL INSURANCE COMPANY
STATVTORY PERFORMANCE BOND puastmNT TO CHAPTER 2253
OW TWZ TEXAS covna TMENT r_Ok,13
(MCGREGOR ACT - PUBLIC wonxs)
AFFILIATE
WIZ
sessopmangmlminsla
,,l_„,«.IIOa
♦W I, w. MCONVM
Bond No: S-900-8860
(Penalty of this Bond must be 100% of Contract Amount)
MOWN ALL MEN BY THESE PRESENTS, that Haddock Construction Co., Inc.
(hereinafter call the Principal), ao Principal, and Washington International Insurance
company (hereinafter called the Surety, As surety, as held and firmly bound unto
City of Pearland, Texas
(hereinafter called the Obligee) , in the amount of
Sixty -Four Thousand Four Hundred Twenty and No/00*** DOLLARS 0 64,420.00*** )
for the payment whereof_ the Raid Principal, and Surety bind themselves and theirs heirs,
administrators, execul.vrs, successors and assigns, jointly and severally, firmly by these
prenent.a .
WHEREAS, the Principal hao entered into that certain written contract with the Obligee,
dated the day of , __, tp Mykawa Road Bridge Replacement
at Hickory Slough, Wetland Mitigation Plan, B 2002-067
(the "Contract"), which contract is hereby refexxetl Lo and made a part hereof as fully and
to the same extent as if copied at length herein.
NOW, TBEREVONAH, TIES CONDXTXON OF TH1S OTLZGATIOR IO OUCH THAT, if the said Principal
chill faithfully perform the work in accordance .with the plans, specifications and contract
documents, then this obligation shall be void; otherwiac to remain if full form and effect,
subject to the fo3.l.nwing additional conditions:
Whenever principal shall be, and declared by Obligee to he default under the
contract, the Obligee having. performed Obligee's obligations thereunder,
promptly remedy the default, or may either
1. Complete the Contract in accordance with Ales terms and conditione, or
2. Obtain a bid or bide for completing the contract in accordance with its
terms and conditions, and upon determination by Surety of the lowcat rccponsible
the Surety may
bidder, or if the obligee elects, upon deteLmination by Lit obligee and the Suety
jointly of the lowest responsible bidder, arrange for a contract between such bidder
and Obligee, and make available . a4 work progresses (even though there should be 4
default or a succession of defaults under the contract or contracts of completion
•
arranged under this paragraph) suf f icicnt funds to pay the cost QC completion less the
balance of the Contract price; but not exceeding. including other costs and damages for
which the surety may be liable hereunder, the penal sum of this performancc bond,
subject to the limitations in Paragraph B below* The term "balance of the Contract
price,'" as used in this paragraph, shall mean the total amount payable by obligee to
Principal under the Contract and any amendments thereto, Jess the amount properly paid
by obligee to Principal.
B . The amount of this performance bond shall be reduced by and to the extent or any
payments or payments made in good faith hereunder by Surety_
C. This performance bond is executed pursuant to the provisions c e ChapLeL 2253 of
the Texas Government Code, and all liabilities on this performance bond shall be determined
in accordance with the provisions of said Chapter to the same extent as if it were copied sit
length herein.
n. No risht of action shall accrue on thin performance bond to or far the use of any
person or corporatiion other than the obligee named herein or the heirs, executors,
administrators or successors of Oblige..
MN WITNESS WHEREOF, the said Principal and surety have executed this SUSLLumeut..
this 25th day (,f October _ 2002.
Haddock Construction Co., Inc.
A"C;r?
ay:
(Principal)
WASHINGTON INT tNATIO AL IniukAMcs COM ' ANY
(surety)
By:
Mark Smith, Attorney- act
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
the laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International
insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca,
Illinois, each does hereby make, constitute and appoint:
MARK SMITH, JOE BLACKSHEAR, JR., A. A. SHOTWELL,
BETTY BUSH, PATSY BEALL and PAULA DODSON
Jointly or severally
its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the
amount of: TEN MILLION (10,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington international Insurance Company at meetings duly called and held
on the 24th of March, 2000:
"RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any
Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power
of Attorney to execute on behalf' of the Company, bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to
attest to the execution of any such Power of Attorney, and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached.
By
Paul D. Amstutz, President & Chief Executive Officer of Washington International Insurance Company &
Vice President of North American Specialty Insurance Company
By
Steven P. Anderson, Sr. Vice President of Washington International Insurance Company &
Vice President of North American Specialty Insurance Company
pvp tONA(tr�rr.,�
o I CORPORATE'• m?
x% SEAL o_
•,V•gh. ARIZONA / fa
,* -so°
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 28 day of January 20 02
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of DuPage
ss:
28 day of January 20 02 , before me, a Notary Public, personally appeared Paul D. Amstutz , President and CEO of
Washington International Insurance Company and Vice President of North American Specialty Insurance Company and Steven P. Anderson
Sr. Vice President of Washington International Insurance Company & Vice President of North American Specialty Insurance Company, personally known
to me who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of, and acknowledged said instrument to be
the voluntary act and deed of, their respective companies.
OFFICIAL SEAL
YASPMN A PATEL
weTAlev Pee, •TATE OF ILUNON
air COaaaMMON EXPIItEI, 0011111,01
Q - ee-2-,ec,"
Yasmin A. Patel, Notary Public
I, James A. Carpenter , Vice President & Assistant Secretary of Washington international Insurance Company and the Assistant Secretary of
North American Speciality Insurance Company, do hereby certify that the above and foregoing is a true and coned copy of a Power of Attorney given
by the companies, which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 25thday of October
, 20 02
James A. Carpenter, %Ice President & Assistant Secretary of Washington International Insurance Company &
Assistant Secretary of Korth American Specie ity Insurance Company
NAS SURETY GROUP
IMPORTANT NOTICE
In order to Obtain Information or Make a Complaint:
You may call Washington International Insurance Company and/or North
American Specialty Insurance Company at the following toll -tine number:
800/338-0753
or
You may write to them at the following address:
Washington International Insurance Company
NAS Surety Group
1200 Arlington Heights Road #400
Itasca, IL 60143
You may also contact the Texas Department of Insurance to obtain information on
companies, coverages, rights or complaints at:
800/252-3439
You may write the Texas Department of Insurance at the following address:
P 0 Box 149104
Austin, TX 78714-9104
A MEMBER OF THE SWISs RE GROUP
Washington
INTCANAVONAL MOMNGE awn:k JT
STATUTORY PAYMENT BOND r rTflUANt TO CHAPTER 2252
OP THE TEXAS °ovnnx wr CQDM
{MCQRZcQR ?CT - PUBLIC WORKS)
(Penalty of this Bond must he ion* of contract Amount)
KNOWN ALL MSN BY THESE PRESENTS, That
AFFILIATE
NAS(3I)
Bond No: S-900-8860
Haddock Construction Co., Inc.
(1ieKeinaf ter called the Principal) , as Principal, and
Washington International Insurance Company
(hereinafter called Llie SµruLy) ,
City of Pearland, Texas
(harcinaf toff called the Obligee) , in the amount of
us Surety, are held and firmly bound unto
Sixty -Four Thousand Four Hundred Twenty and No/00***p�,� 164,420.00***
rar the a ent whereof the. said Pri ri i i a 1. an t re t hind theme elve a and theizheirs
administrators , ' exeauto,Q , cuacecaorp •arid at tJi o , jointly and . severally, firmly by theme
presents.
with -sus . the principal has entered into a certain written contract with the Obligee,
dated the day of
Hickory Slough, Wetland Mitigation Plan, B 2002-067
to Mykawa Road Bridge Replacement at
_ _ which contract in hereby referred to and
made a part hereof as fully aria t;.c;� Lhe snme� ' ex Cent as if copied at length herein.
NOW, THEREFORE, TIM CONDITION` OF THIS OBLIGATION I3 SUCH THAT, if the said Principal
gha11 pay all claimants supplying labor and material to him or. a subcontract in the
prosecution et the work provided for in :said c ntract, then this obli5atiofy rshall be void;
otherwise to remain in tull force and effect,
PROVIbgD, HOWEVER, that this hc-»1r3 i 4 exerlt-ea pursuant to the provisions of ehapt Ar 2251
of the • Texaa Government Coda, and all liabilitiocs oft thin bond ohall bo determined in
ac,conleince wil,lx the prov.iwicuts vC ;aid Chetpter to the name exter:. tts .it:a were copied at
length herein.
to WTTNKtS WHEREOF, the said Principal and Surety have signed and seal•itic.3- this instrument
this 25th day Of October
2002.
Haddock Constr
Ply;
WASHINGTON 1YE ATI: • - INSUKANcE COMPANY
i r retv)'
By:
Mark : mith,
LS Attorney-Ain= Ft1.0 L
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
the laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International
Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca,
Illinois, each does hereby make, constitute and appoint:
MARK SMITH, JOE BLACKSHEAR, JR., A. A. SHOTWELL,
BETTY BUSH, PATSY BEALL and PAULA DODSON
Jointly or severally
its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the
amount of: TEN MILLION (10,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on the 24th of March, 2000:
"RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any
Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power
of Attorney to execute on behalf of the Company, bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to
attest to the execution of any such Power of Attorney, and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached.
`tops ry. is
N
�4 PPo G
`U:,'GOSEALTc�m
a'ki 19/3 win
S't
By
Paul D. Amstutz, President & Chief Executive Officer of Washington International Insurance Company &
Vice President of Korth American Specialty Insurance Company
By
Steven P. Anderson, Sr. Vice President of Washington International Insurance Company &
Vice President of North American Specialty Insurance Company
$:IIII,I,4,
NIOA....,.
o' CORPORATE \ %
SEAL o:
1. I* • ARIIONA aD
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 28 day of January 20 02
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of DuPage
28 day of January ,20 02 , before me a Notary Public, personally appeared Paul D. Amstutz , President and CEO of
Washington International Insurance Company and Vice President of North American Specialty Insurance Company and Steven P. Anderson
Sr. Vice President of Washington International Insurance Company & Vice President of North American Specialty Insurance Company, personally known
to me who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of, and acknowledged said instrument to be
the voluntary act and deed of, their respective companies.
ss:
OFFICIAL SEAL
YAEMJN A PATEL
MO►AOY MWHOOPUC. OVATE OF WHOOP
MY COaarAOMOH EX Ea,o t owl Oa
Yasmin A. Patel, Notary Public
I, James A. Carpenter , Vice President & Assistant Secretary of Washington International Insurance Company and the Assistant Secretary of
North American Speciality Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given
by the companies, which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 25thday of October
20 02.
James A. Carpenter, Vice President & Assistant Secretary of Washington International Insurance Company &
Assistant Secretary of North American Speciality Insurance Company
NAS SURETY GROUP
TMPQRTANT NQTICE
In order to Obtain Information or Make a Complaint:
You may call Washington International Insurance Company and/or North
American Specialty Insurance Company at the following toll -free number:
800/338-0753
or
You may write to them at the following address:
Washington International Insurance Company
NAS Surety Group
1200 Arlington Heights Road #400
Itasca, II, 60143
You may also contact the Texas Department of Insurance to obtain information on
companies, coverages, rights or complaints at:
800/252-3439
You may write the Texas Department of Insurance at the following address:
P 0 Box 149104
Austin, TX 78714-9104
A MEMBER OF THE swiss Re GROUP
WASHINGTON _
.INTERNATIONAL INSURANCE COIYIPANY
1200 Arlington Heights Road, Suite 400
Itasca, IL 60143-2625
MAINTENANCE
BOND
•:1
•
•
•
•
•
•
•
•
Bond No.
S-900-8860
KNOW ALL BY THESE PRESENTS that Haddock Construction Co., Inc.
a
Principal, and WASHINGTON INTERNATIONAL INSURANCE COMPANY, an Arizona corporation, as Surety, are held and
firmly bound unto City of Pearland, Texas
a
Obligee, in the sum of Sixty -Four Thousand Four Hundred Twenty and No/00***
Dollars ($ 64,420.00***
for the payment of which sum, well and truly to be made, the Principal and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally, firmly be these presents.
WHEREAS the Principal has entered into a written contract dated with the
Obligee for Mykawa Road Bridge Replacement at Hickory Slough, Wetland Mitigation Plan, B 2002-067
and
WHEREAS said Principal is required to post a bond to guarantee repair or replacement of faulty material or workmanship for
a period of one (1) year from and after the date of acceptance of said work.
N OW, THEREFORE, if the said Principal shall repair or replace any and all defects in said work during the aforesaid period,
then this obligation shall be void; otherwise to remain in full force and effect.
S igned, sealed and dated October 25, 2002
By
•
Haddock Construct • n,Co., Inc.
WASHINGTON ,BVTETIONAL INSURANCflOMPANY
4
By
Mark Smith,
Attorney -in -Fact
NAS SURETY GROUP
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
the laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International
Insurance Company, a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca,
Illinois, each does hereby make, constitute and appoint:
MARK SMITH, JOE BLACKSHEAR, JR., A. A. SHOTWELL,
BETTY BUSH, PATSY BEALL and PAULA DODSON
Jointly or severally
its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the
amount of: TEN MILLION (10,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of both North American Specialty Insurance Company and Washington international Insurance Company at meetings duly called and held
on the 2411' of March, 2000:
"RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any
Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power
of Attorney to execute on behalf of the Company, bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to
attest to the execution of any such Power of Attorney, and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached.
By
Paul D. Amstutz, President & Chief Executit•e Officer of Washington International Insurance Company &
Vice President of North American Specialty Insurance Company
C'a
By
Steven P, Anderson, Sr. Vice President of Washington International Insurance Company &
Vice President of North American Specialty Insurance Company
i°ipt10NA(% tit•.
o + CORPORATE' m%
@yk SEAL to=
•:••ty ti• ARIZONA : I
lets
rtttttn*uNttttt
IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their
official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 28 day of January 20 02
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois
County of DuPage
28 day of January ,20 02 , before me, a Notary Public, personally appeared Paul D. Amstutz , President and CEO of
Washington international Insurance Company and Vice President of North Amencan Specialty Insurance Company and Steven P. Anderson
Sr. Vice President of Washington International Insurance Company & Vice President of North American Specialty Insurance Company, personally known
to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of, and acknowledged said instrument to be
the voluntary act and deed of, their respective companies.
i, James A. Carpenter
ss:
OFFICIAL SEAL
YASMIN A PATEL
saOTAAV snALC, STATE OF IUJNON
MVOOSM, sss*aEX1111EattOWIavOa
a.�
Yasmin A. Patel, Notary Public
, Vice President & Assistant Secretary of Washington international insurance Company and the Assistant Secretary of
North American Speciality Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given
by the companies, which is still in full force and effect.
IN WITNESS WHEREOF, i have set my hand and affixed the seals of the Companies this 25thday of October
,20 02
James A. Carpenter, Vice President & Assistant Secretary of Washington International Insurance Company &
Assistant Secretary of North American Speciality Insurance Company
NAS SURETY GROUP
IlYIPQRTANT NOTICE
In order to Obtain Information or Make a Complaint:
You may call Washington International Insurance Company and/or North
American Specialty Insurance Company at the following toll -fine number:
800/338-0753
or
You may write to them at the following address:
Washington International Insurance Company
NAS Surety Group
1200 Arlington Heights Road #400
Itasca, IL 60143
You may also contact the Texas Department of Insurance to obtain information on
companies, coverages, rights or complaints at:
800/252-3439
You may write the Texas Department of Insurance at the following address:
P 0 Box 149104
Austin, TX 78714-9104
A MEMBER OF THE SWISS Re GROUP
ACORD CERTIFICATE OF LIABI
7M
LITY INSURANCE
DATE (MM/DDIYY)
10/21/2002
PRODUCER (409)934-8000 FAX (409)935-1883
IRust, Ewing, Watt & Haney, Inc.
7900 Emmett F Lowry Expressway
Texas City, TX 77591-2457
Lisa Malmberg ACSR
INSURED Haddock Construction Co. , Inc.
P.O. Box 1263
Friendswood, TX 77549-1263
1
THIS GERI IFIGAIE 15 ISSUED AS A MAT1ER OF NFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
1
INSURER A:
Amerisure Mutual Insurance Co
INSURER B:
INSURER C:
INSURER D:
INSURER E:
COVERAGES
INJK
THE
ANY
MAY
POLICIES.
POLICIES
REQUIREMENT,
PERTAIN,
AGGREGATE
OF
THE
INSURANCE
INSURANCE
TERM
LIMITS
OR
LISTED
CONDITION
AFFORDED
SHOWN
BELOW
MAY
HAVE
OF ANY
BY
HAVE
BEEN
CONTRACT
THE POLICIES
BEEN
REDUCED
ISSUED
DESCRIBED
OR
TO
OTHER
BY
THE
INSURED
DOCUMENT
HEREIN
CLAIMS.
IS
NAMED
SUBJECT
WITH
ABOVE
RESPECT
TO
FOR
ALL
THE
TO
THE
POLICY
WHICH
TERMS,
THIS
EXCLUSIONS
PERIOD
CERTIFICATE
INDICATED.
MAY
AND CONDITIONS
BE
NOTWITHSTANDING
ISSUED
OR
OF SUCH
PAID
LTR
TYPE OF INSURANCE
POLICY NUMBER
YULILY
DATE (MM/DDIYY)
tl-I-ELIIVt
FULILY
DATE
tXruKAIIUN
(MM/DD/YY)
LIMITS
A
GENERAL
COMMERCIAL
LIABILITY
GENERAL
CLAIMS MADE
LIABILITY
OCCUR
CPP2000083 00 02
07/01/2002
07/01/2003
EACH OCCURRENCE
$ 1,000,000
FIRE DAMAGE (Any one fire)
$ 100 , 000
X
MED EXP (Any one person)
$ 5,000
X
I
PERSONAL & ADV INJURY
$ 1,000,000
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS - COMP/OP AGG
$ 2,000,000
GEN'L
AGGREGATE
POLICY
n
LIMIT
PROT-
JEC
APPLIES
PER:
LOC
r
I
A
AUTOMOBILE
ANY AUTO
ALL OWNED
SCHEDULED
HIRED AUTOS
NON -OWNED
LIABILITY
AUTOS
AUTOS
AUTOS
CA2000092 00 02
07/01/2002
07/01/2003
COMBINED SINGLE LIMIT
(Ea accident)
$
1,000 , 000
X
BODILY INJURY
(Per person)
$
BODILY INJURY
(Per accident)
$
X
X
PROPERTY DAMAGE
(Per accident)
$
GARAGE
LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
$
AUTO
OTHER
THAN
ONLY:
EA ACC
$
AGG
$
A
EXCESS
LIABILITY
OCCUR
DEDUCTIBLE
RETENTION
CLAIMS MADE
10 , 000
CU2000080 00 02
07/01/2002
07/01/2003
EACH OCCURRENCE
$ 2,000,000
AGGREGATE
$ 2,000,000
I
$
$
$
$
X
A
WORKERSCOMPENSATIONAND
EMPLOYERS'
LIABILITY
WC2000078 00 02
07/01/2002
07/01/2003
X
WLSIAIU-
TORYLIMITS
0111-
rat
E.L. EACH ACCIDENT
$ 500,000
E.L. DISEASE - EA EMPLOYEE
$ 500,000
E.L. DISEASE - POLICY LIMIT
$ 500,000
OTHER
Inland
Marine
IM2000083 00 02
07/01/2002
07/01/2003
Leased/Rented
One
Item $600,000
$250,000 Max Any
Aggregate
Britten
DESCRIPTION
roject:
lanket
ubrogation
OF
Mykawa
Additional
contract.
OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS
applices
Road
Bridge
Insured
to
Certificate
the
Replacment
applies
Auto,
subject
General
to
ADDED
the
to
@
Hickory
policy
Auto,
Liability,
BY
ENDORSEMENT/SPECIAL
Slough
General
terms,
Umbrella
Wetland
conditions
Liability
PROVISIONS
&
Mitigation
Workers
&
and
Plan
Umbrella and Blanket
Compensation
exclusions.
Waiver
as required
of
by
CERTIFICATE HOLDER
ADDITIONAL INSURED; INSURER LETTER
CANCELLATION
City
3 519
Pearl
I
of
Liberty
and,
Pear 1 a
Drive
TX 77581
n d
SHOULD
EXPIRATION
10
ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
BUT FAILURE
OF ANY
AUTHORIZEtTC/SHANNO
George
REPRESENTAIVE
e' gy75:
ACORU
25-5
(7/97)
(g)ACORD
CORPORATION
19138
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-5 (7/97)
SECTION E
LABOR CLASSIFICATION AND MINIMUM WAGE SCALE
LABOR CLASSIFICATION AND MINIMUM WAGE SCALE
1. General: Articles 51-59a of the Revised Civil Statutes of Texas, passed by the 43rd
Legislature Acts of 1933, page 91, Chapter 45 provides that any government subdivision
shall ascertain the general prevailing rate of per diem wages in the locality in which the
work is to be performed for each craft or type of workman or mechanic and shall specify
in the call for bids and in the Contract the prevailing rate per diem wages which shall be
paid for each craft type of workman. This Article further provides that the Contractor
shall forfeit, as a penalty, to the City, County, or State, or other political subdivision, Ten
Dollars ($10.00) per day for each laborer, or workman, or mechanic who is not paid the
stipulated wage for the type of work performed by him as set up in the wage scale. The
City of Pearland is authorized to withhold from the Contractor the amount of this penalty
in any payment that might be claimed by the Contractor or subcontractor. The Act makes
the Contractor responsible for the acts of the subcontractor in this respect.
The Article likewise requires that the Contractor and sub -contractor keep an accurate
record of the names and occupations of all persons employed by him and to show the
actual per diem wages paid to each worker and these records are open to the inspection of
the City of Pasadena.
2 Labor Classification and Minimum Wage Scale: General Decision Number TX020082
on labor classifications and wage scales is attached herein.
WAIS Document Retrieval Page 1
GENERAL DECISION TX020082 03/01/2002 TX82
Date: March 1, 2002
General Decision Number TX020082
S uperseded General Decision No. TX010082
S tate: TEXAS
Construction Type:
HEAVY
County(ies):
BRAZORIA
FORT BEND
GALVESTON
HARRIS
MATAGORDA
MONTGOMERY
WALLER
WHARTON
FLOOD CONTROL AND WATER AND SEWER LINES, including: Breakwaters,
Channels, Channel Cut-offs, Dikes, Drainage Projects, Flood
Control Projects, Irrigation Projects, Jetties, Land Drainage
(not incidental to other construction), Land Leveling (not
incidental to other construction), Land Reclamation, Levees,
P ipelines, Ponds, Pumping Stations (prefabricated drop -
in not building), Revetments, Sewage Collection and Disposal
L ines, Sewers (Sanitary, Storm, etc.), Shoreline Maintenance
Water Mains and Water Supply Lines (not incidental to building).
Modification Number Publication Date
0 03/01/2002
COUNTY(ies):
BRAZORIA
FORT BEND
GALVESTON
HARRIS
MATAGORDA
MONTGOMERY
SUTX2045A 03/26/1998
ASPHALT RAKER
ASPHALT SHOVELER
BATCHING PLANT WEIGHER
CARPENTER
CONCRETE FINISHER -PAVING
CONCRETE FINISHER -STRUCTURES
CONCRETE RUBBER
ELECTRICIAN
FLAGGER
FORM BUILDER(STRUCTURES)
FORM LINER -PAVING & CURB
FORSETTER (PAVING/CURB)
FORM SETTER -STRUCTURES
LABORER -COMMON
LABORER -UTILITY
L INEPERSON
MANHOLE BUILDER (Brick)
MECHANIC
O ILER
S ERVICER
WALLER
WHARTON
Rates
8.28
7.45
11.11
10.35
9.87
9.86
9.00
16.15
6.66
9.96
9 03
8 86
9 05
7 45
8 53
7 50
8 49
11 38
9 56
9 51
Fringes
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PAINTER -STRUCTURES
P I LEDRIVER
P I PE LAYER
ASPHALT DISTRIBUTOR
ASPHALT PAVING MACHINE
BROOM OR SWEEPER OPERATOR
BULLDOZER
CONCRETE CURING MACHINE
CONCRETE FINISHING MACHINE
CONCRETE JOINT SEALER
CONCRETE PAVING FLOAT
CONCRETE PAVING SAW
CONCRETE PAVING SPREADER
SLIPFORM MACHINE OPERATOR
CRANE, CLAMSHELL, BACKHOE, DERRICK,
D'LINE, SHOVEL
CRUSHER/SCREENING PLANT
FOUNDATION DRILL OPERATOR, CRAWLER
MOUNTED
FOUNDATION DRILL OPERATOR
TRUCK MOUNTED
FRONT END LOADER
MILLING MACHINE OPERATOR
MIXER
MOTOR GRADER (FINE GRADE)
MOTOR GRADER
PAVEMENT MARKING MACHINE
ROLLER, STEEL WHEEL PLANT
MIX PAVEMENTS
ROLLER, STEEL WHEEL OTHER
FLATWHEEL OR TAMPING
ROLLER, PNEUMATIC, SELF PROPELLED
SCRAPER -
TRACTOR -CRAWLER TYPE
TRACTOR -PNEUMATIC
TRAVELING MIXER
TRENCHING MACHINE -LIGHT
TRENCHING MACHINE -HEAVY
WAGON -DRILL, BORING MACHINE
REINFORCING STEEL SETTER (PLAVING)
REINFORCING STEEL SETTER
STRUCTURES
S TEEL WORKER -STRUCTURAL
S IGN ERECTOR
S PREADER BOX OPERATOR
WORK ZONE BARRICADE
S IGN INSTALLER
TRUCK DRIVER -SINGLE AXLE LIGHT
TRUCK DRIVER -SINGLE AXLE HEAVY
TRUCK DRIVER -TANDEM AXLE SEMI
TRAILER
TRUCK DRIVER-LOWBOY/FLOAT
WELDER
14.00
10.96
8.49
9.47
10.05
8.01
9.91
8.80
11.79
10.50
9.30
10.01
9.32
9.20
11.35
11.00
12.59
12.73
9.29
10.43
7.94
11.11
10.67
7.45
9.25
7.61
7.96
8.69
10.12
8.99
9.35
10.50
13.56
10.15
12.50
12.47
10.35
10.06
9.08
7.45
7.45
8.15
8.76
8.00
11.29
10.43
Unlisted classifications needed for work not included within
S he scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29 CFR 5.5 (a) (1) (v)) .
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In the listing above, the "SU" designation means that rates
listed under that identifier do not reflect collectively
bargained wage and fringe benefit rates Other designations
indicate unions whose rates have been determined to be
prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a
position on a wage determination matter
* a conformance (additional classification and rate)
ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis -Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the Branch
of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U .S. Department of Labor
200 Constitution Avenue, N. W.
W ashington, D. C. 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage payment
data, project description, area practice material, etc.) that the
requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative Review
Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U. S. Department of Labor
200 Constitution Avenue, N. W.
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Washington, D. C. 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
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SECTION F
GENERAL AND SPECIAL CONDITIONS
1.01
1.02
1.03
1.04
1.05
1.06
1.07
1.08
1.09
1.10
1.11
1.12
1.13
1.14
1.15
1.16
1.17
1.18
TABLE OF CONTENTS
FOR
GENERAL CONDITIONS OF AGREEMENT
1. DEFINITION OF TERMS
AGREEMENT GC-1
BID GC-1
BIDDER GC-1
CALENDAR DAY GC-1
CHANGE ORDER GC-1
CITY GC-1
CITY COUNCIL GC-1
CONTRACT GC-1
CONTRACT DOCUMENTS GC-1
CONTRACTOR GC-2
DRAWINGS GC-2
ENGINEER GC-2
EXTENDED DAY GC-2
INSPECTOR GC-2
LABORATORY GC-2
CITY MANAGER GC-2
OWNER
PROJECT
T-1 Page 1
GC-2
TABLE OF CONTENTS
1.19 SHOP DRAWINGS GC-2
1.20 PAYMENT BOND GC-2
1.21 PERFORMANCE BOND GC-2
1.22 PROPOSAL GC-2
1.23 PROPOSAL GUARANTY GC-3
1.24 SPEC 'PICATIONS GC-3
1.25 SUBCONTRACTOR GC-3
1.26 SUBSTANTIAL COMPLETION GC-3
1.27 SUPERINTENDENT GC-3
1.28 SURETY GC-3
1.29 STANDARD ABBREVIATIONS GC-3
1.30 WORK GC-4
1.31 EXTRA WORK GC-4
1.32 SUPPLEMENTAL AGREEMENT GC-4
2. AWARD AND EXECUTION OF CONTRACT
2.01 CONSIDERATION OF PROPOSALS GC-4
2.02 AWARD OF CONTRACT GC-4
2.03 RETURN OF PROPOSAL GUARANTIES GC-4
2.04 EXECUTION OF CONTRACT, PERFORMANCE AND PAYMENT
BONDS GC-4 & 5
2.05 FAILURE TO EXECUTE CONTRACT, PERFORMANCE AND PAYMENT
BONDS GC-5
T-2 Page 2
TABLE OF CONTENTS
2.06 BEGINNING OF WORK GC-5
2.07 INSURANCE GC-5 & 6
3. SCOPE OF WORK
3.01 INTENT OF SPECIFICATIONS AND DRAWINGS GC-6
3.02 CHANGES AND ALTERATIONS GC-6 & 7
3.03 FINAL CLEANING UP GC-7
4. CONTROL OF THE WORK
4.01 AUTHORITY OF THE ENGINEER GC-7
4.01 DRAWINGS GC-7
4.03 COORDINATION OF SPECIFICATIONS AND DRAWINGS GC-7
4.04 COOPERATION OF CONTRACTOR GC-7 & 8
4.05 CONSTRUCTION STAKES GC-8
4.06 INSPECTION GC-8
4.07 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK GC-8
5. CONTROL OF MATERIALS AND QUALITY WORK
5.01 SOURCES OF SUPPLY GC-8
5.02 SAMPLES AND TESTS OF MATERIALS GC-8 & 9
5.03 INSPECTION AND TESTING OF EQUIPMENT OR WORK GC-9
5.03 INSPECTION AND TESTING OF EQUIPMENT
AND DEFIC I HNT WORK GC-9
5.05 STORAGE OF MATERIALS GC-9
T-3 Page 3
TABLE OF CONTENTS
5.06 DEFECTIVE MATERIALS GC-9
6. LEGAL RELATIONS AND RESPONSIBILITIES
6.01 LAWS TO BE OBSERVED GC-9
6.02 PERMITS AND LICENSES GC-10
6.03 SANITARY PROVISIONS GC-10
6.04 PATENTED DEVICES AND PROCESSES GC-10
6.05 RESPONSIBILITY FOR DAMAGE CLAIMS GC-10
6.06 CONTRACTOR'S RESPONSIBILITY FOR WORK GC-10
6.07 WAIVER OF LI RN GC-10
7. PROSECUTION AND PROGRESS
7.01 SUBLETTING OR ASSIGNING OF CONTRACT GC-11
7.02 PROSECUTION OF WORK GC-11
7.03 WORKMEN AND EQUIPMENT GC-11
7.04 TEMPORARY SUSPENSION OF WORK GC-11
7.05 CONTRACT TIME GC-11 & 12
7.06 LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE
ON TIME GC-12
7.07 ABANDONMENT OF WORK OR DEFAULT OF CONTRACT GC-12 & 13
8. MEASUREMENT AND PAYMENT
8.01 MEASUREMENT OF QUANTIT I H.S GC-13
T-4 Page 4
TABLE OF CONTENTS
8.02 SCOPE OF PAYMENT GC-13
8.03 ADJUSTMENT FOR CHANGES IN WORK GC-13 & 14 & 15
8.04 PARTIAL PAYMENTS GC-15
8.05 PAYMENT WITHHELD . GC-15 & 16
8.06 ACCEPTANCE AND FINAL PAYMENT GC-16
9. GUARANTEE
9.01 GUARANTEE GC-16
T-5 Page 5
GENERAL CONDITIONS OF AGREEMENT
1.00 DEFINITION OF TERMS
Wherever in these General Conditions of Agreement or in other Contract Documents, the
following terms or pronouns in place of them are used, the intent and meaning shall be interpreted as
follows:
1.01 AGREEMENT. The written agreement between the OWNER and the CONTRACTOR
covering the Work to be performed, including the CONTRACTOR'S Bid and the Bonds.
proposal.
1.02 BID. See Proposal.
1.03 BIDDER An individual, firm, or corporation of any combination thereof submitting a
1.04 CALENDAR DAY. Any day of the week or month, no days being excepted.
1.05 CHANGE ORDER A written order to the CONTRACTOR signed by the OWNER
authorizing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the
Contract Time issued after execution of the Agreement.
1.06 CITY. The incorporated City of Pearland, Brazoria County, Texas.
1.07 CITY COUNCIL. The elected officials of the City. The Mayor and five (5)
Councilmen, who have the legal authority sitting as a Council to accept or reject any or all proposals
submitted for the work.
1.08 CONTRACT. See Agreement.
1.09 CONTRACT DOCUMENTS. The Contract Documents shall consist of the Notice to
Bidders, Instruction to Bidders, Proposal, signed Agreement, Performance and Payment Bonds, Special
Bonds, (when required), proof of insurance, General Conditions of the Agreement, Special Conditions,
Technical Specifications, plans, and all modifications thereof incorporated in any of the documents
before the execution of the agreement.
The Contract documents are complementary, and what is called for by any one shall be as
binding as if called for by all. In case of conflict between any of the Contract Documents, prionty of
interpretation shall be in the following order: Signed Agreement Performance and Payment Bonds,
Special Bonds (if any), Proposal, Special Conditions of Agreement (if any), Notice to Bidders, Technical
Specifications, Plans, and General Conditions of Agreement.
GC-1 Page 6
1.10 CONTRACTOR. The individual, firm or corporation or any combination thereof,
whose proposal is accepted and with whom the agreement is made by the OWNER
1.11 DRAWINGS. The drawings and plans which show the character and scope of the work
to be perfon ned and which have been prepared or approved by the ENGINEER and are referred to in the
Contract Documents.
1.12 ENGINEER. The City Engineer of the City of Pearland, Texas, or his authorized
representatives.
1.13 EXTENDED DAY. An extended day is defined as a calendar day, in which conditions
described in Paragraph 7.05 will not permit the performance of the principal unit of work underway for a
continuous period of not less than Six (6) hours between 8:00 a.m. and 5:00 p.m.
1.14 INSPECTOR. The authorized representative of the Engineer assigned to inspect any and
all parts of the work and the materials to be used therein.
1.15 LABORATORY. Any testing laboratory that may be designated or approved by the
ENGINEER.
1.16 CITY MANAGER The appointed official who presides over the City business of the
City of Pearland, Texas and who is empowered to execute the Agreement for the City provided that the
Council shall have accepted the Proposal by a majority vote.
1.17 OWNER. City of Pearland, Texas.
1.18 PROJECT. The entire work to be performed as provided for in the Contract Documents.
1.19 SHOP DRAWINGS. All drawings diagrams, illustrations, brochures, schedules, and
other data which are prepared by the CONTRACTOR, a Subcontractor, manufacturer, supplier, or
distributor and which illustrates the equipment, material, or some portion of the work.
1.20 PAYMENT/MAINTENANCE BOND. The security furnished by the Contractor and
the Surety in the full amount of the Contract for the protection of all claimants supplying labor and
material in the prosecution of the work.
1.21 PERFORMANCE BOND. The security furnished by the Contractor and the Surety in
the full amount of the Contract as a guaranty that the Contractor will faithfully perform the Contract and
save harmless the Owner from all cost and damage which the Owner may suffer by reason of the
Contractor s default or failure to do so.
1.22 PROPOSAL The offer of the Bidder, made out on the prescribed fouuni, giving prices for
performing the work described in the Specifications and drawings.
GC-2 Page 7
1.23 PROPOSAL GUARANTY The security designated in the Proposal and furnished by
the Bidder as a Guaranty that the Bidder will enter into a Contract and make the required bonds if his
proposal is accepted.
1.24 SPECIFICATIONS. The directions, provisions and requirements for the work, attached
to and forming a part of the Specifications.
1.25 SUBCONTRACTOR. The individual, firm, or corporation, having a direct contract
with the Contractor, approved by the OWNER, for the performance of a part of the work at the site of the
work.
1.26 SUBSTANTIAL COMPLETION. By the term "substantial completion' is meant that
the facility is in condition to serve its intended purpose but still may require minor miscellaneous work
and adjustment.
work.
1.27 SUPERINTENDENT. The authorized representative of the Contractor at the site of the
1.28 SURETY. The corporate body which is bound with the Contractor for the faithful
performance of this work covered by the Contract and payment of due and unpaid claims ansing
thereunder.
1.29 STANDARD ABBREVIATIONS.
A. ASTM American Society for Testing Materials.
B AASHO. American Association of State Highway Officials.
C. ASA. American Standards Association.
D. API American Petroleum Institute.
E AWS. American Welding Society.
F. NEMA. National Electrical Manufacturers Association.
G. EEI. Edison Electnc Institute.
H. I H S Illuminating Engineering Society.
I. UL Underwriters Laboratory, Inc
J. AAI American Association of Nurserymen.
K. AWG. American Wire Gage.
L BPR. The United States Bureau of Public Roads.
M. IMSA. International Municipal Signal Association.
N. ITE Institute of Traffic Engineers.
O. NBFU. National Board of Fire Underwriters.
P. NEC National Electrical Code (Published by NBFU.)
Q. AWWA. American Water Works Association.
GC-3 Page 8
1.30 WORK. The Contractor shall provide and pay for all materials, supplies, machinery, equipment,
tools, superintendence, labor, services, insurance, and all water, light, power, fuel, transportation and
other facilities necessary for the execution and completion of the work covered by the Contract
Documents. Unless otherwise specified, all material shall be new and both workmanship and materials
shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind
and quality of materials. Materials or work described in words which so applied have a well known
technical or trade meaning shall be held to refer to such recognized standards.
1.31 EXTRA WORK The term "Extra Work" as used in this contract shall be understood to
mean and include all work that may be required by the Engineer or Owner to be done by the Contractor
to accomplish any change, alteration or addition to the work shown upon the plans or reasonably
implied by the specifications, and not covered by the Contractor's Proposal, except as provided under
"Changes and Alterations", herein.
1.32 SUPPLEMENTAL AGREEMENT. Written agreement entered into between the
Contractor and the City and approved by the Surety, covering alterations and changes in plans which are
necessary to the proper completion of the work.
2.00 AWARD AND EXECUTION OF CONTRACT
2.01 CONSIDERATION OF PROPOSALS. The proposals will be opened and read in
public and referred to the City Council for action. Until the award of the Contract is made, the right will
be reserved to reject any or all proposals and to waive such technicalities as may be considered for the
best interest of the City.
2.02 AWARD OF CONTRACT. The award of the contract, if it be awarded, will be made
within ten (10) days after the opening of bids unless otherwise stated in the proposal.
2.03 RETURN OF PROPOSAL GUARANTIES. Proposal guaranties of the three lowest
bidders may be retained until after the contract and bonds have been executed. Proposal guaranties of all
except the three lowest bidders will be returned within ten (10) days after the public opening and reading
of the proposals.
2.04 EXECUTION OF CONTRACT PERFORMANCE AND
PAYMENT/MAINTENANCE BONDS. Within ten (10) days after written notification of award of
contract, the successful bidder shall execute and file with the City a Contract and Performance and
Payment/Maintenance bonds each in the full amount of the Contract price, the bonds to be executed by a
Surety Company authorized to do business in the State of Texas, as a guarantee of the faithful
performance of the Contract and the payment of all obligations which may be incurred for material and
labor used in the performance of the work. The Contract will be executed on behalf of the City by the
City Manager.
GC-4 Page 9
a. If any Surety upon any bond furnished in connection with the contract becomes
insolvent, or otherwise not authorized to do business in this State, the Contractor
shall promptly furnish equivalent security to protect the interests of the City and
of persons supplying labor or materials necessary to prosecution of the work
contemplated by the Contract.
b. The bonds shall be written to remain in force until expiration of the guarantee
period which is one (1) year after acceptance of the completed work by the City.
The Contractor shall pay the premiums on the required bonds and shall include
this cost in his proposal and Contract amounts.
2.05 FAILURE TO EXECUTE CONTRACT AND FILE PERFORMANCE AND
PAYMENT BONDS. Should the successful bidder fail to execute and file the Contract and required
bonds within fifteen (15) days after written notification of the award of the Contract, the Proposal
Guaranty filed with the Proposal shall become the property of the City, not as a penalty, but as liquidated
damages.
2.06 BEGINNING OF WORK. The Contractor shall begin work within ten (10) days after
receipt of wntten authorization by the Engineer to do so.
2.07 INSURANCE The Contractor shall not commence work under this Contract until he
has obtained insurance of the type and for the amounts as follows and has filed and had the same
approved by the City. Approval of the insurance by the City shall not relieve or decrease the liability of
the Contractor.
(1) Unless otherwise provided for in the Specifications, the Contractor shall provide
and maintain, until the work covered in this contract is completed and accepted
by the Owner, the minimum insurance coverage, as follows:
TYPE OF COVERAGE LIMITS OF LIABILITY
A. Workmen's Compensation Statutory
B. Employer's Liability $500,000
C. Comprehensive General Liability
1. Bodily Injury $1,000,000 $1,000,000
Each person Each Occurrence
2. Property Damage $1,000,000 $1,000,000
Each Occurrence Aggregate
D. Comprehensive Automobile Liability
1. Bodily Injury $500,000 $500,000
Each person Each Occurrence
2. Property Damage $500,000
Each Occurrence
E Owner's Protective Liability Insurance Policy:
GC-5 Page 10
The Contractor shall obtain at his expense an Owner's Protective Liability Insurance Policy
naming the City of Pearland, Texas and its employees as insured with the following limits:
1. Bodily Injury
2. Property Damage
$300,000 $500,000
Each person Each Occurrence
$100,000 $300,000
Each Occurrence Aggregate
The immunity of the Owner shall not be a defense from the insurance carrier.
F. Builder's Risk Insurance:
The contractor shall obtain at his expense Builder's Risk Insurance against the perils of fire,
lightning, windstorm, hurricane, hail, explosion, riot, civil commotion, smoke, aircraft, land
vehicles, vandalism and malicious mischief, in the amount of insurance equal at all times to the
insurable value of the materials delivered and labor performed. The policy shall be issued
jointly in the names of the Contractor, his Sub -Contractors and the Owner, as their interests
may appear. The policy shall have endorsements as follows:
1. This insurance shall be specific as to coverage and not considered as contributing
insurance with any permanent insurance maintained on the present premises.
2. Loss, if any, shall be adjustable with and payable to the Owner as Trustee for Whom It
May Concern.
(2) The certificates or evidences of insurance shall set forth that the insurance carrier
will not cancel or materially alter the insurance until after ten (10) days written
notice has been received by the Owner.
3.00 SCOPE OF WORK.
3.01 INTENT OF THE SPECIFICATIONS AND DRAWINGS. It is the
intent of the Specifications and Drawings to describe the complete work to be performed under the
Contract. Unless otherwise provided, it is also the intent that the Contractor shall furnish all materials,
supplies, tools, equipment and labor necessary for the timely prosecution and completion of the Work. It
is also understood that unless otherwise specified, all materials and equipment incorporated in the Work
shall be new.
3.02 CHANGES AND ALTERATIONS. The Owner shall have the right to make such
changes and alterations in the plans or in the quantities of the work as may be considered necessary or
desirable, and such changes and alterations should not be considered as a waiver of any condition of the
Contract, nor shall they invalidate any of the provisions thereof. The Contractor shall perfoiin the work
as increased or decreased and a proper adjustment in pnce shall be made as provided in paragraph 8.03.
When such changes and alterations increase or decrease the quantity of the unit price items of the work
GC-6 Page 11
by more than twenty percent (20%), then either party to the Contract, upon demand, shall be entitled to a
revised consideration upon that portion of the work. Changes or alterations shall be made only on
written authorization of the Engineer.
3.03 FINAL CLEAN UP. Upon completion of the work and before acceptance and final
payment is made, the Contractor shall remove all rubbish and temporary structures, restore in an
acceptable manner all property both public and private, which has been damaged during the prosecution
of the work and leave the site of the work in a neat and presentable condition throughout.
4.00 CONTROL OF THE WORK
4.01 AUTHORITY OF THE ENGINEER. The work will be done under the inspection of
the Engineer to his satisfaction, and in accordance with the proposal, contract, specifications and
drawings He will decide all questions which may arise as to the quality of acceptability of materials
furnished and work performed, the manner of performance and rate of progress of the work, the
interpretations of the specifications and drawings and the acceptable fulfillment of the Contract on the
part of the Contractor. Where the phrase 'as directed by the Engineer", "ordered by the Engineer', or' to
the satisfaction of the Engineer' occurs it is to be understood that the directions, orders, or instructions
to which they relate are within the limitations of the Contract documents.
4.02 DRAWINGS Drawings will show the lines, grades, cross -sections details and general
features. The Contractor shall submit to the Engineer, with such promptness as to cause no delay in his
own work or in that of and other Contractor, five copies, unless otherwise,specified, of all shop and/or
setting drawings and schedules required for the work, and the Engineer shall pass upon them with
reasonable promptness, making necessary corrections. The Contractor shall make any corrections
required by the Engineer, file with him two corrected copies and furnish such other copies as may be
needed. The Engineer's approval of such drawings or schedules shall not relieve the Contractor from
responsibility for deviations from drawings or specifications, unless he has in writing called the
Engineer's attention to such deviations at the time of submission, nor shall it relieve him from
responsibility for errors of any sort in shop drawings or schedules.
4.03 COORDINATION OF SPECIFICATIONS AND DRAWINGS. The Specifications
and the accompanying drawings, are essential parts of the Contract, and a requirement occurring in one is
as binding as though occurring in all. They are intended to be cooperative and to provide for a complete
work. In cases of disagreement, figured dimensions shall govern over scaled dimensions, detailed
drawings shall govern over general drawings, specifications shall govern over drawings, and special
provisions shall govern over specifications, drawings, and general provisions.
4.04 COOPERATION OF CONTRACTOR. The Contractor will be supplied with as many
copies of the specifications and drawings as he may require and he shall have available on the job site at
all times one copy of each. He shall give the work his constant attention to facilitate the progress thereof
and shall cooperate with the Engineer. He shall have at all times a satisfactory and competent
GC-7 Page 12
Superintendent on the job site, authorized to receive instructions and to act for him. The Contractor shall
designate to the Engineer the name of such Superintendent.
4.05 CONSTRUCTION STAKES The Engineer will furnish vertical and horizontal
baseline control for the work, and will furnish the Contractor with all necessary information relating to
them. These marks will be set sufficiently in advance of the work to avoid delay. The Contractor will
use all reasonable care to protect and preserve any stakes and bench marks, and is responsible for all
offsets, locating elevations and dimensions to position his works.
4.06 INSPECTION. The Contractor shall furnish the Engineer with every reasonable facility
for ascertaining whether or not the work as Performed is in accordance with the requirements and intent
of the specifications drawings and Contract. If the Engineer so requests, the Contractor shall at any time
before acceptance of the work remove or uncover such portions of the finished work as may be directed.
After examination, the Contractor shall restore said portion of the work to the standard required by the
Specifications. Should the work thus exposed or examined prove acceptable, the Contractor shall be
paid as provided in Paragraph 1 31 for the uncovering, removing, and restoration of the work but should
the work so exposed or examined prove unacceptable, the uncovering or removing and the restoration of
the parts removed shall be at the Contractor s expense. No work shall be done without suitable
inspection.
4.07 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK All work which has
been rejected shall be remedied or removed and replaced in an acceptable manner by the Contractor at
his own expense Work done beyond the fines and grades given or as shown on the plans, except as
herein Provided, or any work done without authority will be considered as unauthorized and done at the
expense of the Contractor and will not be paid for. Work so done may be ordered removed at the
Contractor's expense.
5.00 CONTROL OF MATERIALS AND QUALITY OF WORK
5.01 SOURCES OF SUPPLY The sources of supply of materials shall be approved by the
Engineer. Representative samples of the materials proposed for use in the work will be submitted, when
requested in writing by the Engineer, for examination and testing in accordance with the methods
referred to under Paragraph 5.02. Only materials conforming to the requirements of these specifications
and approved by the Engineer shall be used in the work. If the sources of supply which have been
approved do not furnish a uniform product, or if the product from any source proves unacceptable at any
time, the Contractor shall furnish acceptable materials from some other approved source.
5.02 SAMPLES AND TESTS OR MATERIALS. Sampling and Testing of all materials
proposed to be used will be made by the Engineer in accordance with methods prescribed by the
A.S.T.M. or as prescribed in the Specifications The selection of the method of test shall be as
designated by the Engineer. The Contractor shall provide such facilities as may be required for the
verification of scales, measures, and other devices used for Specified sampling and testing.
GC-8 Page 13
All testing of materials for which the Owner or the Specifications and/or Drawings require
tests to determine compliance with the requirements shall be accomplished at the Owner's
expense. The Owner may at any time request test specimens of various materials. The test
specimens shall be furnished by the Contractor and tests will be made by the Owner at the
expense of the Owner. When directed by the Owner, material compliances with the
specifications shall be made by one of the following:
A. Manufacturer's certificate of compliance.
B. Mill certificate.
C. Testing laboratory certifications.
D. Report of actual laboratory test from the Owner's laboratory or from a laboratory
satisfactory to the Owner. Samples tested shall be selected by or in the presence
of the Owner and the method of testing shall comply with the professional
societies' standard specifications.
5.03 INSPECTION AND TESTING OF EQUIPMENT OR COMPLETED PORTIONS
OF WORK If inspection and testing of equipment and completed portions of the work for approval is
required by the Contract Documents, the Contractor shall give the Engineer notice of readiness and a
time and date shall be arranged for the Engineer to observe such inspection and testing. The Contractor
shall bear all costs of such inspection and testing.
5.04 INSPECTION AND TESTING OF EQUIPMENT AND WORK SUSPECTED OF
BEING DEFICIENT. If after commencement of the work, the Engineer determines that any equipment
or portion of the work completed requires inspection or testing because of suspected deficiency in
workmanship or general conformity to the Plans and Specifications, he will inform the Contractor and
order such special inspection or testing. If such special inspection or testing reveals a failure of the work
to comply with the requirements of the Specifications or Plans, the Contractor shall bear all costs thereof
made necessary by such failure, otherwise the Owner shall bear such costs.
5.05 STORAGE OF MATERIALS Materials shall be stored so as to insure the preservation
of their quality and fitness for the work.
5.06 DEFECTIVE MATERIALS. All materials not conforming to the requirements of these
specifications will be rejected and shall be removed immediately from the site of the work. Rejected
materials, the defects of which have been subsequently corrected, shall have the status of new material.
6.00 LEGAL RELATIONS AND RESPONSIBILITIES.
6.01 LAWS TO BE OBSERVED. The Contractor shall make himself familiar with and at all
times shall observe and comply with all Federal, State and Local Laws, ordinances and regulations which
in any manner affect the conduct of the work, and shall indemnify and save harmless the Owner and its
Representatives against any claim arising from the violation of any such law, ordinance or regulation,
whether by himself or by his employees.
GC-9 Page 14
6.02 PERMITS AND LICENSES No building permits will be required for work on the
Owner's property. The Contractor shall procure any other permits or licenses pay any other charges and
fees, arrange for and furnish all notices necessary to the closing of any street or sidewalk, and give all
notices necessary and incident to the due and lawful prosecution of the work.
6.03 SANITARY PROVISIONS. The Contractor shall, at his entire expense, provide and
maintain in a neat, sanitary condition such sanitary facilities for the use of his employees as may be
necessary to comply, with the requirements and regulations of the State Department of Health or of other
authorities having jurisdiction. The location and design of such facilities shall be approved by the
Engineer.
6.04 PATENTED DEVICES AND PROCESSES. If the Contractor is required or desires to
use any devices or processes covered by letters patent or copyrighted, he shall provide for such use by
suitable legal agreement with the patentee or Owner. The Contractor shall indemnity and save halinless
the Owner from any and all claims for infringement by reason of the use of any patented device or
process or any trademark or copyright used in connection with the work agreed to be performed under
the contract.
6.05 RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall save harmless
the Owner and its employees from all suits, actions or claims brought on account of any injuries or
damages sustained by any person or property in consequence of any neglect in safeguarding the work by
the Contractor; or on account of any claims or amounts recovered for any infringement or patent, trade-
mark, or copyright, except as herein elsewhere specifically
provided; or from any claims or amounts arising or recovered under the 'Workmen's Compensation
Law" or any other laws. He shall be responsible for all damage or injury to property of any character
occurring during the prosecution of the work resulting from any act, omission, neglect, or misconduct on
his part or on the part of any of his employees, in the manner or method of executing the work; or from
his failure to execute the work properly; or from defective work or materials. He shall not be released
from such responsibility until all claims have been settled and suitable evidence to that effect furnished
to the Owner.
6.06 CONTRACTOR'S RESPONSIBILITY FOR WORK. Until the acceptance of the
work by the Engineer as evidenced in writing, it shall be under the charge and care of the Contractor.
The Contractor shall rebuild and make good at his own expense all injuries and damages to the work
occurring before its completion and acceptance. In case of suspension of work for any cause, the
Contractor shall be held responsible for the preservation of all materials.
6.07 WAIVER OF LIEN. It is distinctly understood that by virtue of this Contract, no
mechanic contractor, subcontractor, supplier, material man, artisan, or laborer, whether skilled or
unskilled shall ever in any manner have claim, or acquire any lien upon the improvements of whatever
nature or kind so erected or to be erected by virtue of this Contract nor upon any of the land upon which
improvements are so erected, built or situated.
GC-10 Page 15
7.00 PROSECUTION AND PROGRESS
7.01 SUBLETTING OR ASSIGNING OF CONTRACT. The Contractor will not be
permitted to assign, sell, transfer or otherwise dispose of the Contract or any portion thereof, or his
rights, title or interest therein, without the approval of the Owner. The Contractor will not be permitted
to sublet any portion of the Contract without the approval of the Engineer and Owner. In any case, no
subcontract will relieve the Contractor of his responsibility under the Contract.
7.02 PROSECUTION OF WORK. Prior to beginning construction operations the
Contractor shall submit to the Engineer a schedule or brief outlining the manner of prosecution of the
work that he intends to follow in order to complete the Contract within the allotted time. The Contractor
shall also furnish the Engineer a breakdown of Contract work items and costs for use in making the
monthly progress estimates. The Contractor shall begin the work as required in paragraph 2.06 and shall
continuously prosecute same with such diligence as will enable him to complete the work within the
time limit set He shall notify the Engineer at least twenty-four hours before beginning work at any
point. He shall not open up work to the detriment of work already begun. The beginning, sequence and
prosecution of the work shall be subject to acceptance by the Engineer, and the Contractor shall conduct
his operations so as to impose a minimum of interference to the necessary activities by the Owner.
7.03 WORKMEN AND EQUIPMENT. All workmen employed by the Contractor shall
have such skill and experience as will enable them to perform properly the duties assigned to them Any
person employed by the Contractor who, in the opinion of the Engineer, does not perform his work in a
proper and skillful manner, or who is disrespectful, intemperate, disorderly, or otherwise objectionable,
shall at the written request of the Engineer be removed from the Project and shall not be employed again
on any portion of the work without the written consent of the Engineer. The Contractor shall furnish
such suitable machinery, equipment, and construction forces as may be necessary, in the opinion of the
Engineer, for the proper prosecution of the work.
7.04 TEMPORARY SUSPENSION OF WORK The Engineer will have authority to
suspend the work wholly or in part, for such period as he may consider necessary and each day of such
suspension shall be considered an extended day. Notice of such suspension with the reasons therefore
will be given the Contractor in writing. The Contractor shall not suspend work without the written
authority of the Engineer. If the suspension is for the convenience of the Owner and causes the
Contractor extra expense, the Contractor will be reimbursed for his actual additional expense without
profit.
7.05 CONTRACT TIME. The Contractor shall complete the work within the number of
consecutive calendar days stated in the proposal plus any extended days. Contract time will begin upon
the written authorization by the Engineer to begin work Extended days, as defined in paragraph 1.13
will be allowed the Contractor when the Owner determines that completion of the principal units of work
was delayed as a result of:
GC-10 Page 16
Unforeseeable causes beyond the control and without fault or negligence of the Contractor,
Subcontractors or suppliers, including but not restricted to, acts of God, the public enemy,
fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and severe weather.
7.06 LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME. The time
of completion is the essence of this contract. For each calendar day that any work shall remain
uncompleted after the time specified in the proposal and the contract, or the increased time granted by
the Owner, or as equitably increased by additional work or materials ordered after the contract is signed,
the sum per day given in the following schedule, unless otherwise specified in the special provisions,
shall be deducted from the monies due the Contractor:
AMOUNT OF CONTRACT
Less than
$5,000.00 to
15,000.00 to
25,000.00 to
50,000 00 to
100,000.00 to
More than
$ 5,000.00
14,999.99
24,999.99
49,999.99
99,999.99
1,000,000.00
1,000,000.00
AMOUNT OF LIQUIDATED DAMAGES
$ 60.00 per day
80.00 per day
100.00 per day
120.00 per day
160.00 per day
240.00 per day
500.00 per day
The sum of money thus deducted for such delay, failure or noncompletion is not to be considered as a
penalty, but shall be deemed, taken and treated as reasonable liquidated damages, per calendar day that
the Contractor shall be in default after the time stipulated in the contract for completing the work. The
said amounts are fixed and agreed upon by and between Owner and Contractor because of the
impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner in such
event would sustain; and said amounts are agreed to be the amounts of damages which the Owner would
sustain and which shall be retained from the monies due, or that may become due, the Contractor under
this contract; and if said momes be insufficient to cover the amount owing, then the CONTRACTOR or
his surety shall pay any additional amounts due.
7.07 ABANDONMENT OF WORK OR DEFAULT OF CONTRACT If the Contractor
fails to begin or complete the work within the time specified; or fails to perform the work with sufficient
workmen and equipment; or shall perfoiiu the work unsuitably; or shall neglect or refuse to remove
materials or perfonin anew such work as may have been rejected as being defective or unsuitable; or shall
discontinue the prosecution of the work without authority; or shall become insolvent or be declared
bankrupt; or shall commit any act of insolvency or bankruptcy; or shall make an unauthorized
assignment for the benefit of any creditor; or for any other cause whatsoever shall not carry on the work
in an acceptable manner the Engineer may give written notice to the Contractor and his Surety of such
delay, neglect, or default, specifying same. If the Contractor within a period of ten (10) days after such
notice shall not proceed to correct and remedy the conditions specified then the Owner shall give written
notice of default to the Surety Company issuing the performance bond under paragraph 2 04 herein and
GC-12 Page 17
said Surety Company shall then assume full responsibility for completion of the contract in an acceptable
manner and in fulfillment of the Contract.
8.00 MEASUREMENT AND PAYMENT
8.01 MEASUREMENT OF QUANTITIES. All work completed under the contract will be
measured by the Engineer.
8.02 SCOPE OF PAYMENT. The Contractor shall accept the compensation, as provided in
the Contract in full payment for furnishing all materials, supplies, labor, tools, and equipment necessary
to complete the work under the contract; for any loss or damage which may arise from the nature of the
work, from the action of the elements, or from any unforeseen difficulties which may be encountered
during the prosecution of the work, until the final acceptance by the Owner, except where such damage
is clearly shown to be due to inadequate design and not to improper prosecution of the work; for all risks
of every description connected with the prosecution of the works for all expenses incurred in con-
sequence of the suspension or discontinuance of the work as herein specified; for any infringement of
patent, trademark, or copyright; and for completing the work according to the specifications and
drawings. The payment of any current or partial estimate shall in no way affect the obligation of the
Contractor to repair or renew at his own cost, any defective parts of the construction, or to replace any
defective materials used in the construction and to be responsible for all damages due to such defects if
such defects or damages are discovered on or before the final inspection and acceptance of the work.
8.03 ADJUSTMENT FOR CHANGES IN WORK No change in the work shall be made
without having prior written approval of the Owner. Charges or credits for the work covered by the
approved change shall be determined by one or a combination of the following methods:
1. Unit prices previously approved.
(1) Increases and Decreases in Quantity of Work. The Engineer will have the right to
increase or decrease the quantities of the work, as may be considered necessary or
desirable. Such increases or decreases shall not be considered as a waiver of any
condition of the contract, nor shall they invalidate any of the provisions thereof.
The Contractor shall perform the work as increased or decreased. Payment to the
Contractor for contract items will be made for the actual quantities of work done
or material furnished at the unit prices set forth in the contract, except as
provided for changes in the character of the work and except as provided for
overruns and underruns of major items.
A major item is defined as any individual bid item included in the proposal that
has a total cost equal to or greater than 5 percent of the original contract or
$100,000.00, whichever is less.
GC-13 Page 18
When the quantity of work to be done or the quantity of material to be furnished
under any major item of the contract is more than 125 percent of the quantity
stated
in the proposal, then either party to the contract, upon demand, shall be entitled to
revised consideration on that portion of work above 125 percent of the quantity
stated in the proposal.
When the final quantity of work done under any major item of the contract is less
than 80 percent of the quantity stated in the proposal, the adjusted unit price to
apply to the final quantity of work performed under the item will be determined
by multiplying the unit bid pnce by the factor obtained from Table I. In no
instance shall the product of the adjusted pnce and the final quantity of work
exceed the product of the original contract unit price and 80 percent of the
original contract quantity, and in no instance will the unit price be adjusted to
more than 125 percent of the original contract unit price.
TABLE I
%DECREASE FACTOR %DECREASE FACTOR
20-24 1.01 60 1.13
25-28 1.02 61 1.14
29-32 1.03 62 1.15
33-35 1.04 63 1.16
36-38 1.05 64 1.17
39-41 1.06 65 1.18
42-44 1.07 66 1.19
45-47 1.08 67 1.20
48-50 1.09 68 1.21
51-53 1.10 69 1.22
54-56 1.11 70 1.23
57-59 1.12 71 1.24
72 and over 1.25
2. Force Account - If the change is ordered to be performed on a Force Account basis,
payment will be made as follows:
(1) The actual cost of:
a. Labor, including foremen.
b. Materials entering permanently into the work.
c. The ownership or rental cost of equipment during the time of use on the
extra work.
GC-14 Page 19
d. Power and consumable supplies for the operation of power equipment.
e. Insurance and Social Security and old age and unemployment
contributions.
(2) To the cost under (1) above there will be added a sum equal to, fifteen percent
15%) of the actual cost of the work. The fee shall be Compensation to cover the
cost of supervision, overhead, the use of small tool, bond, profit and any other
general expenses. (3) In the event thechange is done by subcontract, the fifteen
percent (15%) established in paragraph (2) shall be divided between the
Contractor and Subcontractor or Subcontractors with five percent (5%) being
apportioned to the Contractor and ten percent (10%) being apportioned to the
Subcontractor unless some other division of the fifteen percent (15%) is
stipulated in the Subcontract Agreement.
3. Supplemental Agreement. If a supplemental agreement is entered into it shall in general
be based on agreed estimated cost for the items listed in paragraph (1) and (2) above.
4. An agreed Price. This method will be used only at the option of the Owner.
8.04 PARTIAL PAYMENT. The Engineer once each month will make an approximate
estimate in writing of the materials in place and the amount of work performed and the value thereof.
From the total amount so ascertained will be deducted ten percent (10%) to be retained until after the
completion and acceptance of the entire work. In addition to be above upon presentation of copies of
invoices, an estimate shall be made for payment of runty percent (90%) of the value of acceptable,
nonperishable materials which are to be incorporated in the work and which have been delivered at the
site of the work and have not yet been incorporated in the work.
8.05 PAYMENT WITHHELD. In addition to express provisions elsewhere contained in the
contract, the Owner may withhold from any payment otherwise due the Contractor such amount as
determined necessary to protect the Owner's interest, or, if it so elects, may withhold or retain all or a
portion of any progress payment or refund payment on account of:
control;
(a) unsatisfactory progress of the work not caused by conditions beyond the Contractor's
(b) defective work not corrected;
(c) Contractor's failure to carry out instructions or orders of the Owner or his representative;
(d) a reasonable doubt that the contract can be completed for the balance then unpaid;
(e) work or execution thereof not in accordance with the contract documents;
GC-15 Page 20
claims;
(f) claim filed by or against the Contractor or reasonable evidence indicating probable filing of
(g) failure of the Contractor to make payments to subcontractor or for material or labor;
(h) damage to another contractor;
(i)
unsafe working conditions allowed to persist by the Contractor; failure of the Contractor
to provide work schedules as required by the Owner;
(k) use of subcontractors without the Engineer's approval; or
(1) failure of the Contractor to keep current As Built record drawings at the job site, or to
turn same over in completed form to the Owner.
When the above grounds are removed payment shall be made for amounts withheld because of them,
and Owner shall never be liable for interest on any delayed or late payment.
8.06 ACCEPTANCE AND FINAL PAYMENT. When the work provided
for in the contract shall have been completed by the Contractor, and all parts of the work have been
approved and accepted by the Engineer, a final estimate showing the amount of the work and the amount
due the Contractor under the contract will be prepared by
the Engineer. The amount of the final estimate, less any sums previously paid under the contract will be
paid to the Contractor.
9.00 GUARANTEE
9.01 GUARANTEE. The Contractor before final payment is made, shall furnish to the
Owner a One (1) Year Maintenance Bond in the amount of one hundred percent (100%) of the
construction cost to insure that the work performed under the Contract is free from faulty materials and
workmanship and will remain free from faulty materials and workmanship for a period of one year from
the date of acceptance by the Owner. Neither the final payment on the Contract by the Owner nor any
provision in the Contract or Specifications shall relieve the Contractor of responsibility for faulty
materials or workmanship and, unless otherwise specified, 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 year
from date of acceptance of the work If the Contractor fails to correct defects covered in the Contract
and guarantee within thirty (30) days from receiving written notice of such defects, the Owner shall give
written notice to the Surety Company issuing the Maintenance Bond and said Surety Company shall then
assume full responsibility for correction of the defects in an acceptable manner and in fulfillment of the
guaranteed portion of the Contract.
Gta9i8 Page 21
TABLE OF CONTENTS
FOR
SPECIAL CONDITIONS
1. DEFINITION OF TERMS
1.01 ENGINEER SC-1
1.02 SUBCONTRACTOR SC-1
2. AWARD AND EXECUTION OF CONTRACT
2.04 EXECUTION OF CONTRACT, (ETC) SC-1
4. CONTROL OF THE WORK
4.01 AUTHORITY OF THE ENGINEER SC-1
4.05 CONSTRUCTION CONTROL SC-1
6. LEGAL RELATIONS AND RESPONSIBILITIES
6.01 LAWS TO BE OBSERVED
ADD REPRODUCED TEXT OF PREAMBLE AND 28 TAC §110.110 SC-1-13
7. PROSECUTION AND PROGRESS
7.05 CONTRACT TIME. SC-13
7.06 LIQUIDATED DAMAGES & BONUS FOR EARLY COMPLETION SC-13
T-1 Page 22
SPECIAL CONDITIONS
1.00 DEFINITION OF TERMS.
1.01 ENGINEER. Walsh/Freese & Nichols, Inc.
1.02 CITY ENGINEER. The City Engineer of the City of Pearland, Texas or his authorized
representatives.
1.03 CITY INSPECTOR. The City Inspector of the City of Pearland, Texas or his authorized
representatives.
2.00 AWARDS AND EXECUTION OF CONTRACT
2.04 EXECUTION OF CONTRACT PERFORMANCE AND PAYMENT/MAINTENANCE
OF BOND. The contract and all change orders thereto shall be executed by the City Manager, acting on
the authority of the City Council of the City of Pearland.
4.00 CONTROL OF THE WORK.
4.01 AUTHORITY OF THE ENGINEER. The work will be done under the inspection of the
Engineer to his satisfaction, and in accordance with the proposal, contract, specifications and drawings.
He will decide all questions which may arise as to the quality of acceptability of materials furnished and
work performed, the manner of performance and rate of progress of the work, the interpretations of the
specifications and drawings, and the acceptable fulfillment of the Contract on the part of the Contractor.
Where the phrase "as directed by the Engineer", "ordered by the Engineer", or "to the satisfaction of the
Engineer" occurs it is to be understood that the directions, orders, or instructions to which they relate are
within the limitations of the Contract documents In no case shall the tern' "inspection" imply or mean
"supervision."
4.05 CONSTRUCTION CONTROL Where needed for control purposes, the Engineer will confinnui
or locate street R.O.W. property lines.
6.00 LAWS TO BE OBSERVED
6.01 PREAMBLE TO RULE 110.110. The Texas Workers' Compensation Commission
adopts new §110.110, concerning requirements for governmental entities awarding a contract for a
building or construction project, and for persons providing services on a building or construction project
for a governmental entity. The new rule is adopted with changes to the proposed text published in the
April 26, 1994 issue of the Texas Register (19 TexReg 3131). Subsections (a)(7) and (c)(7) were
amended by adding language to further clarify who is covered by the rule. Subsections (c)(7)(J) and
(e)(3) were added to clarify that a contractor or subcontractor is representing to the governmental entity
that workers' compensation coverage is provided. Subsections (d)(8)(C) and (e)(8)(C) were added to
I'=� Page 23
require specific language regarding representions of coverage to be added to contracts to provide services
on the project. Subsections (c)(7)(F), and (c)(7)(I)(5), (d)(5), (d)(8)(F), (e)(6), and (e)(8)(F) were
amended to reduce the retention period for contractors and other persons providing services on the
project from three years to one year. Subsection (g) was changed to state that this rule applies to contract
advertised for bid after September 1, 1994, rather than awarded after September 1, 1994.
The Texas Labor Code, §406.096, requires workers' compensation insurance coverage for all persons
providing services on a building or construction project for a governmental entity. The commission is
aware that this statutory requirement is not being met, and this rule is designed to achieve compliance
and to implement a recordkeeping process which will enable oversight of compliance. The rule does this
by placing requirements on the governmental entity and on contractors and other persons providing
services on a project. These requirements include coverage, certificates of coverage, posted notices of
coverage, and notification of changes in coverage status. The rule does not create any duty or burden on
anyone which the law does not establish.
The rule defines terms which apply to governmental entity building or construction projects and sets up a
clear procedure for governmental entities and contractors that bid for building and construction projects
to follow in complying with the requirements of the Texas Labor Code, §406.096. It also defines statute
and the rule. It specifically excludes persons such as food/beverage vendors whose deliveries and labor
are not permanently incorporated into the project. The rule puts persons on notice that providing false or
misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to
report any change that materially affects the provision of coverage may subject the contractor or other
persons providing services on the project to administrative penalties, civil penalties, or other civil
actions.
The rule requires a governmental entity to timely obtain certificates of coverage, retain them for the
duration of the project plus three years, and provide them to the commission upon request and to others
entitled to them by law It also requires the governmental entity as a prerequisite to awarding a contract,
and as part of the contract, to require that the contractor: provide coverage and certificates of coverage
for the contractor's employees; timely obtain and provide the governmental entity all required certificates
of coverage for all persons providing services on the project; retain certificates of coverage on file for the
duration of the project and for one year thereafter; notify the governmental entity in writing by certified
mail or personal delivery, within 10 days after the contractor knew or should have known, of any change
that materially affects the provision of coverage of any person providing services on the project; post
notices on each project site; and contractually require persons with whom it contracts to do the same,
with the certificates of coverage to be provided to the person for whom they are providing services. The
rule also sets out the language to be included in bid specifications and in contracts awarded by a
governmental entity and the information required to be in the posted notice to employees. It further
establishes a method for obtaining the certificates from persons providing services on the project and
providing them to the governmental entity.
It requires a contractor awarded a building or construction contract to: provide workers' compensation
coverage to the contractor's employees for the duration of the project; file a certificate of coverage of the
SC-2 Page 24
contractor's employees with the governmental entity prior to being awarded a contract; obtain and
provide to the governmental entity; certificates of coverage from each other person with whom it has
contracted to provide services on the project, prior to that person beginning work on the project; obtain
and provide new certificates of coverage shown on the current certificate ends during the duration of the
project; retain all certificates of coverage for the duration of the project and for one year thereafter, notify
the governmental entity of material changes in coverage; contractually require each other person with
whom it contracts to provide a certificate of coverage; and post notices on each project site.
All other persons providing services on a project have the same requirements as a contractor, with the
exception of posting notices and with the exception that the certificate of coverage is given to the person
for whom they contracted to provide services on the project. The rule uses the term "persons providing
services on the project' in lieu of the statutory term "subcontractor" because the term 'subcontractor' as
used in the statue (§406.096) and in this rule is broader than standard industry usage. The use of the
different terminology will prevent confusion.
The rule does not create any duty or burden on anyone which the law does not establish.
The new rule is adopted under the Texas Labor Code, §402.061, which authorizes the commission to
adopt rules necessary to administer the Act, and Texas Labor Code, §406,096, which establishes
requirements for governmental entities, contractors, and subcontractors ("persons providing services on
the project") regarding workers' compensation coverage for workers on public building or construction
projects.
Rule 110.110 - Reporting Requirements for Building or Construction Projects for
Governmental Entities
(a) The following words and terms, when used in this rule, shall have the following meanings,
unless the context clearly indicates otherwise. Terms not defined in this rule shall have the
meaning defined in the Texas Labor Code, if so defined.
(1) 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 (including those subject to a
coverage agreement) providing services on a project, for the duration of the project.
(2) Building or construction - Has the meaning defined in the Texas Labor Code,
§406.096(e)(1).
(3) Contractor - A person bidding for or awarded a building or construction project by a
governmental entity.
SC-3 Page 25
(4) Coverage - Workers' compensation insurance meeting the statutory requirements of the
Texas Labor Code, §401.011(44).
(5) Coverage agreement - A written agreement on form TWCC-81, form TWCC-82, form
TWCC-83, or form TWCC-84, filed with the Texas Workers' Compensation
Commission which establishes a relationship between the parties for purposes of the
Wokers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters
F and G as one of employer/employee and establishes who will be responsible for
providing workers' compensation coverage for persons providing services on the project.
(6) Duration of the project - Includes the time from the beginning of work on the project
until the work on the project has been completed and accepted by the governmental
entity.
(7)
Persons providing services on the project ("subcontractor" in §406.096 of the Act) -
Includes all persons or entities performing all or part of the services the contractor has
undertaken to perform on the project, regardless of whether that person contracted
directly with the contractor and regardless of whether that person has employees. This
includes but is not limited to independent contractors, subcontractors, leasing companies,
motor carriers, owner -operators, employees of any such entity, or employees of any entity
furnishing persons to perform services on the project. "Services" includes but is not
limited to 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.
(8) Project - Includes the provision of all services related to a building or construction
contract for a governmental entity.
(b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a
representation by the insured that all employees of the insured who are providing services on
the project are covered by workers compensation coverage, that the coverage is based on
proper reporting of classification codes and payroll amounts, and that all coverage agreements
have been 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 certificates
of coverage, or failing to provide or maintain required coverage, or failing to report any change
that materially affects the provision of coverage may subject the contractor or other person
providing services on the project to administrative penalties, criminal penalties, civil penalties,
or other civil actions.
(c) A governmental entity that enters into a building or construction contract on a project shall:
SC-3 Page 26
(1) include in the bid specifications, all the provisions of subsection (d) of this rule, using the
language required by paragraph (7) of this subsection;
(2) as part of the contract, using the language required by paragraph (7) of this subsection,
require the contractor to perform as required in subsection (d) of this rule;
(3) obtain from the contractor a certificate of coverage for each person providing services of
the project, prior to that person beginning work on the project;
(4) obtain from the contractor a new certificate of coverage showing extension of coverage:
(A) before the end of the current coverage period, if the contractor's current certificate
of coverage shows that the coverage period ends during the duration of the
project; and
(B) no later than seven days after the expiration of the coverage for each other person
providing services on the project whose current certificate shows that the
coverage period ends during the duration of the project;
(5) retain certificates of coverage on file for the duration of the project and for three years
thereafter;
(6) provide a copy of the certificates of coverage to the commission upon request and to any
person entitled to them by law; and
(7)
use the following language for bid specifications and contracts, without any additional
words or changes, except those required to accommodate the specific document in which
they are contained or to impose stricter standards of documentation in Figure 1:
(Figure 1)
Article . 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.
SC-4 Page 27
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 all
persons or entities performing all or part of the services the contractor has undertaken to
perform on the project, regardless of whether that person contracted directly with 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 all 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 governmental entity prior
to being awarded the contract.
D If the coverage period shown on the contractor's current certificate of coverage ends
during the duration of the project, the contractor must, prior to the end of the coverage
period, file a new certificate of coverage with the governmental entity showing that
coverage has been extended.
E The contractor shall obtain from each person providing services on a project, and
provide to the governmental entity:
(1) a certificate of coverage, prior to that person beginning work on the project,
so the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
(2) no later than seven days after receipt by the contractor a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of the
project and for one year thereafter.
SC-5 Page 28
G. The contractor shall notify the governmental entity in writing by certified mail or
personal delivery, within 10 days after the contractor knew or should have known, of any
change that materially affects the provision of coverage of any person providing services
on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner
prescribed by the Texas Workers Compensation Commission, informing all persons
providing services on the project that they are required to be covered, and stating how a
person may verify coverage and report lack of coverage.
I. The contractor shall contractually require each person with whom it contracts to
provide services on a project, to:
(1) provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the statutory
requirements of Texas Labor Code, Section 401.011(44) for all of its employees
providing services on the project, for the duration of the project;
(2) provide to the contractor, prior to that person beginning work on the project,
a certificate of coverage showing that coverage is being provided for all
employees of the person providing services on the project, for the duration of the
proj ect;
(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
proj ect;
(4) obtain from each other person with whom it contracts, and provide to the
contractor
(a) a certificate of coverage, prior to the other person beginning work on
the project; and
(b) a new certificate of coverage showing extension of coverage, prior to
the end of the coverage period, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(5) retain all required certificates of coverage on file for the duration of the
project and for one year thereafter;
(6) notify the governmental entity in writing by certified mail or personal
delivery, within 10 days after the person knew or should have known, of any
SC-6 Page 29
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 project will be covered by workers'
compensation coverage for the duration of the project that the coverage 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 commissions' Division of Self -Insurance Regulation. Providing false or
misleading information may subject the contractor to administrative penalties, criminal
penalties, civil penalties, or other civil actions.
K. The contractor's failure to comply with any of these provisions is a breach of contract
by the contractor which entitles the governmental entity to declare the contract void if the
contractor does not remedy the breach within ten days after receipt of notice of breach
from the governmental entity.
(d) A contractor shall:
(1)
provide coverage for its employees providing services on a project, for the duration of the
project based on proper reporting of classification codes and payroll amounts and filing
of any coverage agreements;
(2) provide a certificate of coverage showing workers' compensation coverage to the
governmental entity prior to beginning work on the project;
(3) provide the governmental entity, prior to the end of the coverage period, a new certificate
of coverage showing extension of coverage if the coverage period shown on the
contractor's current certificate of coverage ends during the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental
entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so
the governmental entity will have on file certificates of coverage showing
coverage for all persons providing services on the project; and
SC-7 Page 30
(B) no later than seven days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the
current certificate of coverage ends during the duration of the project;
(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 contractor knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project;
(7)
post a notice on each project site informing all persons providing services on the project
that they are required to be covered, and stating how a person may verify current
coverage and report failure to provide coverage. This notice does not satisfy other
posting requirements imposed by the Act or other commission rules. This notice must be
printed with a title in at least 30 point bold type and text in at least 19 point normal type,
and shall be in both English and Spanish and any other language common to the worker
population The text for the notices shall be the following text in Figure 2 provided by
the commission on the sample notice, without any additional words or changes:
(Figure 2)
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this site or providing services related to
this construction project must be covered by workers' compensation insurance. This
includes persons providing, hauling, or delivering equipment or material, or providing
labor or transportation or their service related to the project, regardless of the identity
of their employer or status as an employee."
"Call the Texas Workers' Compensation Commission at 512-440-3789 to receive
information on the legal requirements for coverage, to verify whether your employer has
provided the required coverage, or to report an employer's failure to provide coverage."
(8) contractually require each person with whom it contracts to provide services on a project,
to:
(A) provide coverage based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements for all of its employees providing
services on the project, for the duration of the project;
SC-8 Page 31
(B) provide a certificate of coverage to the contractor prior to that person beginning
work on the project;
(C) include in all contracts to provide services on the project the language in
subsection (e)(3) of this rule;
(D) 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;
(E) obtain from each other person with whom it contracts, and provide to the
contractor:
(i) a certificate of coverage, prior to the other person beginning work on the
project; and
(ii) prior to the end of the coverage period, a new certificate of coverage showing
extension of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(F) retain all required certificates of coverage on file for the duration of the project
and for one year thereafter;
(G) 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 provisions of coverage of any person providing services on
the project, and
(H) contractually require each other person with whom it contracts, to perform as
required by paragraphs (A)-(H), with the certificate of coverage to be provided to
the person for whom they are providing services.
(e) A person providing services on a project, other than a contractor, shall:
(1) provide coverage for its employees providing services on a project, for the duration of the
project based on proper reporting of classification codes and payroll amounts and filing
of any coverage agreements;
(2) provide a certificate of coverage as required by its contract to provide services on the
project, prior to beginning work on the project;
(3)
have the following language in its contract to provide services on the project:
SC-9 Page 32
"By signing this contract or providing or causing to be provided a certificate of coverage,
the person signing this contract is representing to the governmental entity that all
employees of the person signing this contract who will provide services on the project
will be covered by workers' compensation coverage for the duration of the project, that
the coverage agreements will be based on proper reporting of classification codes and
payroll amounts, and that all coverage agreements will be filed with the appropriate
insurance carrier or, in the case of a self -insured, with the commission s Division of Self -
Insurance Regulation. Providing false or misleading infonnation may subject the
contractor to administrative penalties, criminal penalties, civil penalties, or other civil
actions."
(4) provide the person for whom it is providing services on the project, prior to the end of the
coverage period shown on its current certificate of coverage, a new certificate showing
extension of coverage, if the coverage period shown on the certificate of coverage ends
during the duration of the project;
(5)
obtain from each person providing services on a project under contract to it, and provide
as required by its contract:
(A) a certificate of coverage, prior to the other person beginning work on the project; and
(B) prior to the end of the coverage period, a new certificate of coverage showing
extension of the coverage period, if the coverage period shown on the current certificate
of coverage ends during the duration of the project;
(6) retain all required certificates of coverage on file for the duration of the project and for
one year thereafter;
(7) notify the governmental entity in writing by certified mail or personal delivery, of any
change that materially affects the provision of coverage of any person providing services
on the project and send the notice within 10 days after the person knew or should have
known of the change; and
(8) contractually require each other person with whom it contracts to:
(A) provide coverage based on proper reporting of classification codes and payroll
amounts and filing of any coverage agreements for all of its employees providing
services on the project, for the duration of the project;
(B) provide a certificate of coverage to it prior to that other person beginning work on
the project;
SC-11 Page 33
(f)
(g)
(C) include in all contracts to provide services on the project the language in subsection
(e)(3) of this rule;
(D) provide, prior to the end of the coverage period, a new certificate of coverage
showing extension of the coverage period, if the coverage period shown on the current
certificate of coverage ends during the duration of the project;
(E) obtain from each other person under contract to it to provide services on the project,
and provide as required by its contract:
(i) a certificate of coverage, prior to the other person beginning work on the
project; and
(ii) prior to the end of the coverage period, a new certificate of coverage showing
extension of the coverage period if the coverage period shown on the current
certificate of coverage ends during the duration of the contract;
(F) retain all required certificates of coverage on file for the duration of the project and
for one year thereafter;
(G) 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
(H) contractually require each person with whom it contracts, to perform as required by
paragraphs (A)-(H), with the certificate of coverage to be provided to the person for
whom they are providing services.
If any provision of this rule or its apphcation to any person or circumstance is held invalid, the
invalidity does not affect other provisions or applications of this rule that can be given effect
without the invalid provision or apphcation, and to this end the provisions of this rule are
declared to be severable.
This rule is applicable for building or construction contracts advertised for bid by a
governmental entity on or after September 1, 1994.
SC-11 Page 34
Effective Date: September 1, 1994
7.00 PROSECUTION AND PROGRESS
7 05 CONTRACT TIME Contract time is 60 calendar days. All time worked on holidays
and other than 7:30 a m. - 4:30 p.m. Monday through Friday will be overtime hours. Contractor shall
pay all inspection costs for overtime work by City personnel created by Contractor's choice to work other
than normal hours. No work will be allowed on Sundays. This contract time as defined in this proposal
and other sections of the contract documents includes a certain number of rain/mud days. Based on the
Alvin Weather Center records, the average annual rain days from June, 1898 to December, 1996 is 40
days, calculated from all precipitation days of record. Contractor is required to keep record of rain/mud
days at the site. Record of rain/mud days must be accepted and signed off by the City Inspector monthly,
and it shall be reported on the monthly pay estimate submittals. At the end of contract, Contractor will
be credited only the number of accepted rain/mud days that exceed 40 rain/mud days per year, or any
proportionate fraction thereof.
7.06 LIQUIDATED DAMAGES Liquidated damages shall be $160.00 per day.
Page 35
SECTION G
TECHNICAL SPECIFICATIONS
ITEM 1 - SITE PREPARATION AND RESTORATION
PART 1 - GENERAL
1.01 SUMMARY
A. This section specifies requirements for preparing the site for the proposed
construction and for the final restoration of the site.
B Work under this section includes the following items:
1. Mobilization and demobilization.
2. Furnish, install, maintain and remove project identification signs.
3. Construction offices (if required).
4. Removal of trash, rubbish, debris, and other objectionable material.
5. Removal of abandoned utility lines which cross or run parallel to the
project and are within the right -of way.
6. Installation, or removal and replacement of barricades.
7. Maintenance of all-weather access to all facilities which have driveways.
8. Access to the project site.
9. Providing sanitary facilities.
10. Clean-up of the project site.
11. Removal of encroachments.
12. Installation and removal of fences, barricades, etc. required by the
Contractor to secure the Job site.
1.02 PROTECTION OF FACILITIES
Those items designated for preservation shall be carefully protected from abuse, marring
or damage during the construction operations.
Item 1 - 1/2
PART 2 - EXECUTION
2.01 ABANDONED UTILITY LINES
The Contractor shall remove abandoned utility lines, as designated on the Plans. The
Contractor shall use appropriate safety equipment and procedures when removing such
abandoned lines. The Contractor shall contact the utility owner prior to any work on such
abandoned lines.
2.02 STRUCTURES
Remove all structures, outfall pipes, drainage facilities and other items as designated on
the Plans. The contractor shall maintain access and drainage at all times.
2.03 DEPTH OF REMOVAL
A. Structures, abandoned utility lines, obstructions, etc., shall be removed to the
following depths, unless noted otherwise on the Plans.
1. In areas of excavation, two (2) feet below finished grade.
2. In areas of embankment, two (2) feet below natural ground.
3. In areas of proposed structures, two (2) feet below the bottom of the
structure.
4. In all other areas, one (1) foot below natural ground.
B. All rubbish, trash and debris is to be removed in total.
2.04 BACKFILLING
All holes and excavations created during the removal of the various items under this
section shall be backfilled. The backfill shall be placed in 8 inch (maximum) lifts
(loose) and compacted to 95% density per (standard proctor) ASTM D698 at ±2% of
optimal moisture content. The backfill material shall be similar to the adjacent material.
2.05 DISPOSAL
The Contractor shall remove all objectionable materials from the project site and properly
dispose of all such material.
Item 1 - 2/2
ITEM 2 — DETENTION POND EXCAVATION
PART I - GENERAL
1.01 SUMMARY
This section specifies requirements for furnishing all labor, equipment and material, and
performing all operations necessary to excavate the detention pond, fill (as required),
grade the berms dispose of excavated material, and all other related work.
1.02 SUBMITTALS
A. Submit one copy of each disposal agreement and fill permit for the disposal of all
excavated material. Submit the agreements and permits to the Engineer at least
10 working days prior to starting any excavation operations.
B. Submit the borrow location and source for imported fill material to the Engineer
at least 20 working days prior to importing such fill material. Submit a plan of
the borrow site and indicate the area of excavation.
C. Final surveyed cross -sections.
1.03 MEASUREMENT
A. Detention pond excavation and fill has been measured by the method of average
and areas.
B EXISTING CONDITIONS
1. The design survey cross -sections used by the Engineer for
Plan preparation establishes the existing conditions and in -place volumes of
material
2. If the contractor suspects, or is aware of differences between the quantities
and conditions shown on the Plans and actual conditions shown on the Plans
and actual conditions in the field, he shall notify the Engineer in writing. The
Contractor shall provide surveyed cross -sections, tied to the baseline verifying
such discrepancies. The Engineer will review such new data, verify it, if
necessary, and recalculate and adjust earthwork quantities, if necessary.
C. Calculations of earthwork quantities are from the existing conditions to the
designed finished grade of the detention pond side slope and bottom section, as
shown on the Plans.
Item 2 - 1/4
D. Excavation in areas of riprap, concrete channel lining, or other protective linings
is measured to the top of such protective linings, where the top of the grade line of
the channel (either side slope of channel bottom). Any excavation required below
the design finished grade for placement of such protective linings is considered
structural excavation and is to be included m the cost of the related protective
lining.
E FINAL MEASUREMENTS
1. The Contractor will survey and submit for approval final cross -sections
after the detention pond is excavated. These final measurements will be
for the purpose of checking that pond construction is to line and grade and
within the specified tolerances No adjustments in the quantities of
excavation and fill will be made based on these final measurements.
2. Surveyed cross -sections are to be at the same location as cross -sections in
the Plans.
1.04 PAYMENT
A. Payment will be based on the quantity of excavation or fill as shown on the bid
sheet. No adjustments will be made in the total quantity, except as described in
Paragraph 1.03.B 2., above.
B. Excavation
1. Payment for detention pond excavation will be based on the unit price per
cubic yard of detention pond excavation, as bid, and such payment shall be
full compensation for furnishing all labor, equipment, materials, supplies,
supervision and permits required to complete all items of excavation,
hauling, disposal grading, and final dressing, as specified.
2. The Contractor will not be compensated for over excavation beyond the
design detention pond sections.
PART 2 - EXECUTION
2.01 DETENTION POND EXCAVATION
A. The detention pond shall be excavated to the lines, grades, bottom width, and side
slopes as shown on the Plans.
B. The Contractor shall not cast or place excavated material, either temporarily or
permanently on the detention pond top -of -bank (berm).
Item 2 - 2/4
C. The Contractor will be allowed to cut temporary shelves into the detention pond
side slopes. However, such temporary shelves shall not extend into the final
detention pond side slopes, without the approval of the Engineer.
2.02 TOLERANCES
A. All detention pond shall be excavated to the design flow line and side slopes, as a
minimum.
B. Over -excavation of up to 12" is acceptable. Over -excavation beyond that limit
shall be filled. No extra payment shall be made for over -excavation, nor for the
fill required to return to grade.
C. The Contractor shall notify the Engineer when the detention pond is fully
excavated and ready to receive the wetland seed bed. The Contractor will survey
the detention pond prior to the placement of wetland seed bed.
D. Over -excavation or poor grading which results in standing water in the detention
pond bottom will not be acceptable, and shall be corrected.
2.03 DISPOSAL OF EXCAVATED MATERIAL
A. The Contractor shall become the owner of all excavated material and shall be
responsible for the proper disposal of such excavated matenal. All excavated
material not required for fill shall be removed from the project site.
B. Wetlands
The Contractor shall not fill or dispose of excavated materials in any wetlands or
other environmentally sensitive areas, unless all of the proper permits are
obtained.
C. The Contractor shall not dispose of excavated material in the 100-year flood
plain, unless the Contractor obtains the applicable permits from the appropriate
agencies. It shall be the responsibility of the Contractor to contact the proper
authorities to determine the 100-year flood plain limits and to obtain the permits.
Any fill placed in the 100-year flood plain without the proper permits shall be
removed by the Contractor at no cost to the OWNER or any other governmental
agency.
D. The Contractor shall submit one copy of each disposal agreement and fill permit
for the disposal of all excavated material. If these items are not submitted prior to
the start of excavation, the Engineer may stop all excavation on the project, if, in
the opinion of the Engineer, the conditions warrant such action.
2.04 TOPSOIL
Item 2 - 3/4
A. The Contractor shall use means, methods, sequences, and scheduling to minimize
erosion into the detention pond side slopes and berms.
B Placement of topsoil for seedbeds is specified in Item 6 - Hydro -Mulch Seeding.
2.05 MAINTENANCE OF DRAINAGE
The Contractor shall be responsible for maintaining flow and drainage at all times in the
project area.
2.06 EROSION AND SILTATION CONTROL
A. The Contractor shall use means, methods, sequences, and scheduling to minimize
erosion into the detention pond and siltation of the detention pond, and other
damage to the project site and facilities due to overland flow or seepage of water.
B. The Contractor shall install erosion protection, such as riprap and drop structures
at lateral channels or storm sewers entering the main detention pond, as shown on
the Plans, prior to, or as soon as rough excavation passes the lateral.
C. The Contractor shall seed sides of the detention pond as soon as practical.
D. If the Contractor fails to construct erosion control facilities in a timely manner,
the Engineer may direct the Contractor to do so. The Engineer may stop
construction on all parts of the project if, in the opinion of the Engineer the
conditions warrant such action.
E The Contractor shall remove all siltation from the detention pond prior to final
acceptance of the work by the Engineer. This removal of silt shall include
reaches of channel downstream of the project which were silted due to
construction of this project.
2.07 LATERAL DITCHES/STORM SEWERS
At locations where lateral ditches or storm sewers enter the detention pond, the
Contractor shall grade the side slopes as required to smoothly transition the lateral or
storm sewers into the detention pond.
Item 2 4/4
ITEM 3 - REINFORCED CONCRETE PIPE AND BOX CULVERTS
1. Scope
This item shall govern for the furnishing and placing of reinforced concrete pipe and
reinforced concrete box culvert.
2. Materials
A. General: Except as modified herein, materials, manufacture and design shall
conform to ASTM Designation C76, Class III for Circular Pipe and to ASTM
Designation C789 and C850 for box culverts. All circular pipe and box culverts
shall be machine made or cast by a process which will provide for uniform
placement of the concrete in the form and compaction by mechanical devices which
will assure a dense concrete. Circular pipe shall be specified as wall A. The shell
thickness the amount of reinforcement and the strength of storm sewer pipe shall
conform to the specified Class as summarized in ASTM Designation C76 for circular
pipe, or C789 and C850 for box culvert.
B. Test Requirements: The acceptability of the pipe and box culvert shall be
determined by the results of the three -edge -bearing test for the load to produce the
0.01 inch crack and the ultimate load; by the appropriate test on selected samples
from the wall of the pipe; and by the inspection of finished material to determine its
conformance with the design specifications.
C. Sizes and Permissible Variances: Variation in diameter, size shape, wall thickness,
reinforcement, placement of reinforcement, laying length and the permissible under
run of length shall be in accordance with the applicable ASTM Specifications.
D. Workmanship and Finish Pipe and box culverts shall be substantially free from
fractures, large or deep cracks and surface roughness. Individual sections of pipe
may be rejected because of following fracture or cracks passing through the shell,
defects that indicate imperfect proportioning, mixing, and molding; surface defects
indicating honeycombed or open texture; damaged ends.
E Repairs: Pipe or box culvert may be repaired if necessary because of occasional
imperfections in manufacture or accidental injury during handling and will be
acceptable if, in the opinion of the Engineer, the repairs are sound and properly
finished and cured and the repaired pipe conforms to the requirements of the
specifications.
F. Jointing Materials: Material shall be Cold Applied Preformed Plastic Gaskets
suitable for sealing joints of tongue and groove concrete pipe or box culvert. The
gasket sealing the joint shall be produced from blends of refined hydrocarbon resin
and plasticizing compounds reinforced with inert mineral filler and shall contain no
solvents, irritating fumes or obnoxious odors. The size of the plastic gasket joint
Item 3 - 1/2
sealer shall be in accordance with the manufacturer's recommendations. Material
shall be as manufactured by Ram -neck, or approved equal.
3. Construction Methods
A. Excavation: All excavation shall be in accordance with the requirements of the item
'Structural Excavation" of the State Highway Department Specifications. When
pipe or box culvert is laid in a trench the trench, when completed and shaped to
receive the pipe, shall be of sufficient width to provide free working space for
satisfactory bedding and jointing and thorough tamping of the backfill and bedding
material under and around the pipe. The Contractor shall make such temporary
provisions as may be necessary to insure adequate drainage of the trench and
bedding during the construction.
Bedding and Backfill: The pipe bedding and backfill shall be as shown on plans.
Select material from excavation or borrow shall then be placed along both sides of
the pipe equally in layers not more than 6 inches thick and compacted by mechanical
tamps or rammers for the remainder of the height of the pipe. All pipes and box
culverts under pavement shall be bedded on 6" cement stabilized sand and backfilled
with same to bottom of pavement. Compact with mechanical hand tamp in layers
not to exceed 12 inches to at least 95% maximum density as determined by AASHO
standard T-134.
Box culverts shall be bedded on sand which has been shaped flat to receive the
culvert. There shall be uniform bearing under the entire length of each joint. Sand
bedding shall extend a minimum of 6 inches on each side.
C. Laying Pipe: Unless otherwise authorized by the Engineer, or instructed otherwise
by these specifications and plans, the laying of pipe and box culvert shall comply
with State Highway Department Specification 464.
Pipe Cleaning: All storm sewer pipes and box culverts shall be kept clean during the
laying operation. The Contractor shall clean all lines upon completion of all
pavement related works.
4. Measurement and Payment
Reinforced concrete circular pipe or box culvert shall be measured by the linear foot.
Payment shall be at the contract unit price bid per linear foot for the various sizes of pipe
or box culvert. Price bid shall be full compensation for all materials, equipment, labor
excavation, bedding, and backfill required for storm sewer placement.
Item 3 - 2/2
ITEM 4 — WETLAND DEVELOPMENT
1. Scope
This item shall govern the labor, materials equipment and incidentals necessary to
remove existing seed bed of wetland target species from the designated areas within the
Hickory Slough and transplanting them within the detention pond, as per plans.
2. Preparation of Mitigation Area
Upon completion of the excavation of the detention pond and installation of 18 ' equalizer
pipe the contractor shall prepare minimum 7,700 square feet of bottom of the detention
pond. Upon completion of bottom, before and/or after the planting of wetland as
appropriate for the planting, allow water from Hickory Slough to flow into the pond to
equalize depth of water.
Removal of Existing Wetland
The contractor shall use appropriate removal equipment to remove seed bed of target
wetland species currently established in Hickory Slough and adjacent to the project site.
The following target species are currently established in Hickory Slough
TARGET
SPECIES
LIST
Common
Name
Scientific
Name
Common
hornwort
Ceratophyllum
desmersum
Floating
seedbox
Ludwigia
peploides
Swamp
smartweed
Polygonum
hydropiperoides
Barnyard
grass
Echinochloa
crusgalli
Green flatsedge
Cyperus
virens
Yerba
de
tajo
Eclipta
alba
Lesser duckweed
Lemna minor
Wolffia
Water
-meal
species
sp.
4. Development of Wetland
Upon completion of the detention pond expansion and installation of 18" RCP equalizer
pipe, the contractor shall remove and transplant minimum 7,700 square feet seed bed of
wetland target species from the designated Hickory Slough channel to the expanded
existing detention pond. The target species to be planted for the development of the
wetland in the detention pond shall be per above list of plants.
Item 4 - 1/2
5. Measurement and Payment
The removal and transplanting of the wetland species shall be measured and paid for at a
lump sum unit price for wetland development, including furnishing all labor, materials,
and equipment.
Item 4 - 2/2
ITEM 5 — RIPRAP
PART 1 - GENERAL
1.01 SUMMARY
This section specifies requirements for furnishing concrete or stone riprap for common
erosion protection applications in open channels.
1.02 RIPRAP DELIVERY, STORAGE AND HANDLING
A. Keep the storage area clean, firm, smooth and well drained on order that the riprap
can be recovered free from dirt and other foreign matter.
B. .Stockpile and handle material so as to not cause undue segregation of particle
sizes either in the stockpile, or while loading, hauling and handling.
1.03 PRODUCT
A. The riprap shall consist of broken concrete or stone blocks. Provide riprap which
is dense, durable and hard material free from cracks, seams and other defects
which would tend to increase deterioration from handling and natural causes.
B. Block Shape and Dimensions
1. Provide riprap blocks in cubic form, rather than elongated (flat) shapes.
2. The minimum weight of each block shall be 75 pounds.
C. Spalls, fragments and chips shall not exceed 5% by weight. The dimension and
shape limitations do not apply to this portion of the riprap.
PART 2 - EXECUTION
2.01 CHANNEL PREPARATION
A. Accurately trim and dress the channel side slopes and bottom to proper lines and
grade prior to placing riprap.
B. Fill is to be placed in accordance with structural excavation and backfill.
C. The prepared section shall be inspected and approved by the Engineer prior to
placing the nprap.
Item 5 - 1/3
2.02 RIPRAP PLACEMENT
A. The riprap shall meet the gradation and quality requirements prior to placing the
riprap
Place the geotextile filter fabric as shown in the plans. The filter fabric shall be a
woven monofilament or non -woven needle -punched geotextile, meeting the
ASTM specifications for this application The geotextile fibers shall consist of
long chain synthetic polymers composed of at least 85% by weight polyester,
polyamide, polypropylene, or polyethylene materials. The material shall be non -
biodegradable and resistant to commonly encountered soil chemicals, mildew, rot,
and insects. Geotextile fabric cost shall be subsidiary to the riprap.
C. Place the riprap to the slopes, lines and grades as shown on the plans, to provide
well -graded mass of riprap without voids.
Thickness of the riprap mat shall be as shown on the Plans.
E Place the riprap in one course (lift) across the channel bottom, then up the channel
side slopes Place the riprap carefully in such a manner to avoid displacement or
damage to the prepared surface or geotextile. Place riprap in such a mariner to
avoid displacement or damage to the prepared surface or geotextile. Place riprap
in such a manner to avoid segregation of particle sizes. Place riprap as close to
final position as feasible.
F The riprap blocks are to be in close contact, well -graded and free from pockets of
small stones or clusters of large stones Elongated riprap blocks shall be well
distributed throughout the riprap mat. Individual oversized blocks will not be
permitted. These shall be broken to acceptable size or removed and replaced with
riprap within the gradation limits. Surface irregularities shall be minimal.
G. Do not drop riprap from such a height to cause breakage or to damage the
geotextile (if used).
H. Prevent mixture or incorporation of dirt or other materials with the riprap during
placing operation.
Placing of riprap by any method, machine or hand, will be permitted as long as
specified requirements are obtained.
J. Fill spaces between larger nprap blocks with spalls and smaller blocks of the
largest feasible size to faun a compact mass. Do not place spalls and small blocks
Item 5 - 2/3
in place of larger size blocks.
PART 3 - MEASUREMENT AND PAYMENT
Riprap shall be measured by the cubic yard as noted on the Bid Sheets and shall include site
preparation, excavation, backfill, material, installation, geotextile and all other work, complete in
place.
Item 5 - 3/3
ITEM 6 — HYDRO -MULCH SEEDING
1. DESCRIPTION
A. The work covered by this section consists of furnishing all plant, labor, materials,
equipment, supplies, supervision and tools and performing all work necessary to
top soiling, smoothing, seeding, fertilizing, watering, maintenance and cleanups
of side slopes, all in accordance with these specifications.
B. The hydro -mulch seeding operations, together with all necessary related work
shall conform to the requirements specified in this section. The area(s) to be
hydro -mulch seeded shall be as shown on the construction drawings.
2. MATERIALS
A. All seed must meet the requirements of the U.S. Department of Agriculture Rules
& Regulations as set forth in the Federal Seed Act and the Texas Seed Law.
B. Type of seed, purity and germination requirements, rate of application and
planting dates are as follows.
TABLE 1
Type Per Acre Planting Date
Hulled Common Bermuda
Grass 98/88 40 Jan.1 to Apr.15
Unhulled Common Bermuda
Grass 98/88 40 Jan.1 to Apr. 15
Annual Rye Grass,
including Gulf 50 Jan.1 to Apr. 15
Hulled Common Bermuda
Grass 98/88 40 Apr.15 to Oct. 1
Hulled Common Bermuda
Grass 98/88 40 Oct. 1 to Jan. 1
Unhulled Common Bermuda
Grass 98/88 40 Oct. 1 to Jan. 1
Item 6 - 1/4
C. Fertilizer shall be water soluble with an analysis of 10 percent nitrogen, 20
percent phosphoric acid and 10 percent potash. Rate of application shall be 500
pounds per acre, except dunng the period of April 15 through September 1, when
the rate shall be reduced to 400 pounds per acre. The fertilizer shall be delivered
to the site in bags or other convenient containers, each fully labeled, conforming
to the applicable State Fertilizer Laws and bearing the name and warranty of the
producer.
D. Mulch shall be virgin wood cellulose fiber made from whole wood chips. Within
the fiber mulch material, at least 20 percent of the fibers will be 10 7 mm in
length and 0.27 mm in diameter. Rate of application shall be 2000 pounds per
acre Soil stabilizers such as Terra Type III (or approved equal shall be applied at
a rate of 40 pounds per acre on side slopes and Terra Tack I (or approved equal)
shall be applied at a rate of 40 pounds per acre on flatter portions.
E Wood cellulose fiber mulch, for use in the grass seed and fertilizer, shall be
processed in such a manner that it will not contain germination or growth
inhibiting factors. It shall be dyed an appropriate color to allow visual metering
of its application. The wood cellulose fibers shall have the property of becoming
evenly dispersed and suspended when agitated in water. When sprayed uniformly
on the surface of the soil the fibers shall form a blotter -like ground cover which
readily absorbs water and allow infiltration to the underlying soil. Weight
specifications from suppliers for all applications shall refer only to the underlying
soil. Weight specifications from suppliers shall refer only to the air dry weight of
the fiber. The mulch material shall be supplied in packages having a gross weight
not in excess of 100 pounds and must be marked by the manufacturer to show the
dry weight content. Supplers shall be prepared to certify that laboratory and field
testing of their product has been accomplished and that it meets all of the
foregoing requirements.
F. Water shall be free from oil, acid, alkali, salt and other substances harmful to the
growth of grass. The water source shall be subject to approval, prior to use.
3. MATERIALS
A. Immediately after the finished grade has been approved, begin hydro -mulching
operations to reduce erosion and excessive weed growth.
B. Hydraulic equipment used for the application of fertilizer, seed and slurry of
prepared wood fiber mulch shall have a built-in agitation system with an
operating capacity sufficient to agitate, suspend and homogeneously mix a slurry
containing up to forty (40) pounds of fiber plus a combined total of 70 pounds of
fertilizer solids for each 100 gallons of water. The slurry distribution lines shall
be large enough to prevent stoppage. The discharge line shall be equipped with a
set of hydraulic spray nozzles which provide even distribution of the slurry on the
area to be seeded The slurry tank shall have a minimum capacity of 800 gallons
Item 6 - 2/4
and shall be mounted on a traveling unit, which may either be self-propelled or
drawn with a separate unit which will place the slurry tank and spray nozzles
within sufficient proximity to the areas to be seeded, so as to provide uniform
distribution without waste. The Engineer may authorize equipment with a smaller
tank capacity, provided the equipment has the necessary agitation system and
sufficient pump capacity to spray the slurry in a uniform coat.
C. Care shall be taken that the slurry preparation take place on the site of the work.
The slurry preparation should begin by adding water to the tank when the engine
is at half throttle. When the water level has reached the height of the agitator
shaft, good re -circulation shall be established and seed shall be added. Fertilizer
shall then be added, followed by wood pulp mulch. The wood pulp mulch shall
only be added to the mixture after the seed and when the tank is at least one-third
filled with water All the wood pulp mulch shall be added by the time the tank is
two-thirds to three -fourths full. Spraying shall commence immediately when the
tank is full. The operator shall spray the area with a uniform visible coat, by
using the green color of the wood pulp as a guide.
4. APPLICATION
•
A. The Contractor shall obtain approval of hydro -mulch are preparation from the
Engineer prior to application.
B. Operators of hydro -mulching equipment shall be thoroughly experienced in this
type of application. Apply the specified slurry mix in a motion to form a uniform
mat at the specified rate. Operators shall keep the hydro -mulch within the areas
designated and keep from contact with other plant material. Immediately after
application, thoroughly wash off any plant material, planting areas not intended to
receive slurry mix.
C. Keep all paved and planting areas clean during maintenance operations.
Contractor shall keep hydro -mulching with the areas designated and keep from
contact with other plant material.
D. If in the opinion of the Engineer, unplanted skips and areas are noted after hydro -
mulching the contractor shall be required to seed the unplanted areas with the
grasses that were to have been planted at no additional cost to Harris County.
5. CONTRACTOR'S MAINTENANCE AND GUARANTEE PERIOD
A. The hydro -mulch seeding shall be adequately watered until established. Any
areas damaged by erosion or areas that do not have an acceptable turfing shall be
redone to the satisfaction of the Engineer. Maintenance of grass areas shall be for
60 days after the completion of the project and shall consist of watering weeding,
repair of all erosion and reseeding as necessary to establish a uniform stand of the
specified grasses. Contractor shall guarantee growth and coverage of hydro -
Item 6 - 3/4
mulch planting under this contract to the effect that a minimum of 95% of the area
planted will be covered with the specified planting after 60 days.
B. The Contractor shall be responsible for one (1) mowing per month between the
months of April to September and shall mow ever thirty (30) days plus or minus
five (5) after the initial mowing The Contractor shall also be responsible for one
(1) mowing every six (6) weeks between the months of October to March. In
addition, the Contractor shall water the entire sodded and hydro -mulched areas to
a saturated depth of one (1) inch at least once a week between the months of April
to September and at least once a month between the months of October to March
C. Contractor shall make a second application of specified hydro -mulch planting to
those bare areas not meeting specified coverage as determined by the Engmeer.
Such replanting is to be performed within 60 days of initial application and
upon notification by the Engineer to replant.
D. Contractor shall apply top dress fertilizer (delayed action), at the rate of 10
pounds per 1000 square feet at 25 days after hydro -mulching of all new lawn
areas.
E Top dress fertilizer shall be 16-6-8.
6. MEASUREMENT
A. The unit of measurement for all work performed and materials furnished, as
described herein, will be the acre. Measurement shall be done upon completion
of the work performed within the limits shown on the drawings and as described
herein. The area measured for payment will be computed to the nearest 1/10-acre.
7. PAYMENT
A. Payment for hydro -mulch seeding will be made at the contract unit price per acre
and includes top soil (when specified), smoothing, mulch seed fertilizer,
watering, maintenance and clean-up. Additional payment shall not be made for
those areas that are replanted.
Item 6 - 4/4
ITEM 7 - CEMENT STABILIZED SAND
PART 1 - GENERAL
1.01 DESCRIPTION
Extent of Work: Furnish all plant, labor, equipment, supervision, and tools for the
furnishing and installing Cement -Stabilized Sand Backfill as shown on Plans or as
indicated in other items of the Technical Specifications.
1.02 MATERIALS
A. Aggregate: Use sand containing deleterious
following requirements, by weight.
Material removed by decantation,
ASTM 123
Clay lumps, ASTM C 142
Other deleterious substances such as
coal, shale, coated grains of soft
flakey particles
Graduation Requirements:
3/8-inch sieve
A -inch sieve
10-mesh sieve
20-mesh sieve
40-mesh sieve
60-mesh sieve
100-mesh sieve
270-mesh sieve
5.0%
0.5%
2.0%
materials not to exceed the
% Retained
0%
0% - 5%
5% -35%
15% - 55%
35% - 85%
60% - 95%
95% - 100%
100%
Color test ASTM C40-73 color not darker than standard color.
B. Cement: ASTM C150-77, Type I
C. Water: Shall be free of oils, acids, alkalies, organic matter and all deleterious
substances.
Item 7 - 1/2
PART 2
2.01
2.02
2.03
- EXECUTION
MIXING
Use a minimum of 2 sacks of cement per ton of mixture. Use amount of water
required to provide mix suitable for mechanical hand tamping mixture shall be mixed
to a homogeneous consistency. Stamp delivery tickets at plant with time of loading
Material not in place within six hours after loading or that has obtained an initial set
will be rejected and removed from the
project site.
PLACING
Place around abutment backwall, wingwalls, structures, inlets, and manholes only
after they have cured at least four days as shown on the plans. Place in 8-inch layers
and compact each layer with approved power -driven hand tampers Compact to ninety
five percent (95%) Standard Proctor Density as defined by ASTM D 698.
TESTING
Upon request of the Engineer, the Contractor or his supplier will furnish samples of
the sand and cement for testing before and/or during project construction. Samples
shall be submitted two days prior to stabilized sand being delivered to the project site.
If the material source is changed during the project construction new samples shall be
submitted.
2.04 MEASUREMENT AND PAYMENT
To be measured and paid for as shown on Proposal Items or included in cost of other
items of Technical Specifications or as shown on Plans.
Item 7 - 2/2
ITEM 8 - TRENCHING AND SHORING SAFETY REQUIREMENTS
1. Scope
This section is intended to provide specifications for the minimum requirements for
trench safety. Trench protection for all trenches over five (5') feet in depth shall be
accomplished by the Contractor in accordance with all provisions of PART 1926,
SUBPART P - EXCAVATIONS, TRENCHING, AND SHORING, of the
OCCUPATIONAL SAFETY AND HEALTH STANDARDS AND
INTERPRETATIONS (OSHA), or any updated and subsequent version thereof.
2. Responsibility
It is the sole duty, responsibility, and prerogative of the Contractor, not the Owner or
Engineer, to determine the specific applicability of a trench safety system to each field
condition encountered on the project. It will be the Contractor's responsibility to identify
the soil type and to accurately adjust his trench safety methods according to the OSHA
requirements.
The Contractor shall indemnify and hold harmless the City, its employees, and agents,
from any and all damages, costs (including without limitation, legal fees, court costs, and
the cost of investigation), judgments or claims by anyone for injury or death of persons
resulting from the collapse or failure of trenches constructed under this contract.
3. Method of Measurement and Payment
Trench excavation safety protection shall be measured by the linear foot of trench deeper
than five (5) feet and paid at the unit price in the bid proposal. Trench safety for bore pits
shall be incidental to unit bid price for the trench safety. Special shoring requirements
will be measured by the square feet of shoring used. Unless otherwise indicated, the
basis of determining square feet of shoring will be as follows:
Pipe: The length or width will be measured from center of the pipe to a point
three (3) to seven and one half (7.5) feet in each horizontal direction
(longer dimensions are allowed if condition warrants). The height of
the shoring will be measured from the top of natural grade to the
bottom of pipe.
Bid price is for the trench safety system, including but not limited to all benching,
sloping, hauling, shoring, sheeting, sheet piling, and all other incidentals
necessary to provide the trench safety system as required.
Structures: Trench Safety for structures such as lift stations manhole, and
others shall be incidental to the unit price of that item.
Item 8 - 1/1
ITEM 9 - TEMPORARY EROSION, SEDIMENTATION AND WATER
POLLUTION PREVENTION AND CONTROL
1. DESCRIPTION
This Item shall govern the control measures necessary to prevent and control soil
erosion, sedimentation and water pollution which may degrade receiving waters
including rivers, streams, lakes, reservoirs, tidal waters, groundwater and wetlands.
The control measures contained herein shall be installed and maintained throughout
the construction contract and coordinated with the permanent or existing temporary
pollution control features specified elsewhere on the plans and in the specifications to
assure effective and continuous water pollution control throughout the construction
and post construction period. These control measures shall not be used as a substitute
for the permanent pollution control measures unless otherwise directed by the
Engineer in writing. The controls may include sediment control fences, baled hay,
rock filter dams, dikes, swales, sediment traps and basins, pipe slope drains, paved
flumes construction exits, temporary seeding, sodding, mulching, soil retention
blankets or other structural or nonstructural water pollution controls. This item does
not apply to commercial operations.
2. ITEMS OF WORK AND MATERIALS
The items, estimated quantities and locations of the control measures will be shown
on the plans; however the Engineer may increase or decrease the quantity of these
items as the need arises. The materials will be shown on the plans and in the
specifications. The Engineer may allow other materials and work as the need arises
and as approved in writing.
3. PRECONSTRUCTION SUBMITTALS
(1) Operations on Right -of -Way. Prior to the start of construction, the
Contractor shall submit to the Engineer for written approval, schedules
for accomplishment of the pollution control measures in accordance
with the Storm Water Pollution Prevention Plan (SW3P). A plan for the
disposal of waste materials generated on the project site must be submitted
for approval, also. The Contractor shall submit to the Engineer, for
written approval, the proposed SW3P for the industrial activities (such as
hot mix plants, concrete batch plants, or material handling areas) on the
right-of-way.
(2) Operations off Right -of -Way. The Contractor shall provide the
Engineer, for information purposes, proposed methods of
pollution control for Contractor. operations in areas which are outside the
right of way (such as construction and haul roads, field offices, equipment
and supply areas, and material sources).
Item 9 - 1/5
Pollution control measures for the Contractor's facilities off the right-
of-way are not coved by the Departments Environmental Protection
Agency (EPA) NPDES general permit. The Contractor shall obtain
his own Notice of Intent for the off -site operations. These pollution
controls will not be measured for payment but shall be performed at the
Contractor's expense. For facilities off the right-of-way, the Contractor is
responsible for obtaining all permits required by any governmental
entity as outlined in Article 7.2.
4. CONSTRUCTION REQUIREMENTS.
(1) The Contractor shall provide control measures to prevent or minimize the
impact to receiving waters as required by the plans and/or as directed by
the Engineer in writing. Storm water discharges associated with industrial
activities (such as hot mix plants, concrete batch plants material handling
areas) within the right of way must comply with the terms of the EPA's
NPDES general permit.
For areas of the State which have an average annual rainfall less than 20
inches and where construction operations have ceased for an extended
period of time, the disturbed area shall be stabilized as soon as possible.
For all areas of the State with an average annual rainfall greater
than 20 inches, in any disturbed area where construction activities have
ceased, permanently or temporarily, the Contractor shall initiate
stabilization of the area by the use of seeding, mulching soil retention
blankets or other appropriate measures within 14 days, except in areas
where construction activities are scheduled to resume within 21 days.
The Contractor shall effectively prevent and control erosion and
sedimentation on the site at the earliest practicable time as outlined in the
approved schedule. Control measures where applicable, will be
implemented prior to the commencement of each construction operation or
immediately after the area has been disturbed.
The Contractor shall limit the amount of disturbed earth to the area(s)
shown on the plans or as directed by the Engineer The Engineer has the
authority to limit the disturbed surface area exposed by construction
operations. If, in the opinion of the Engineer, the Contractor is not to
effectively control soil erosion and sedimentation resulting from
construction operations, the Engineer will limit the amount of disturbed
area to that which the Contractor is able to control.
Should the control measures fail to function effectively, the Contractor
shall act immediately to bring the erosion and sedimentation under
control by maintaining existing controls or by providing additional
controls as directed by the Engineer. When in the opinion of the Engineer
Item 9 - 2/5
the site is adequately stabilized, the control measures, excepting mulches
and soil retention blankets, will be removed and properly disposed of by
the Contractor. Soil retention blankets shall be removed only when, in the
opinion of the Engineer, final permanent perennial seeding would be
adversely affected by the presence of an existing soil retention blanket.
All erosion sediment and water pollution controls will be maintained in
good working order. A rain gauge provided by the Department will be
located at the project site. Within 24 hours of a rainfall event of 0.5 inch
or more as measured by the project rain gauge, the Contractor and
Engineer will inspect the entire project to determine the condition of the
control measures Sediment will be removed and devices repaired as soon
as practicable but no later than 7 days after the surrounding
exposed ground has dried sufficiently to prevent further damage from
equipment needed for repair operations.
In the event of continuous rainfall over a 24-hour period, or other
circumstances that preclude equipment operation in the area, the
Contractor will hand carry and install additional backup devices as
determined by the Engineer. The Contractor will remove silt
accumulations and deposit the spoils in an area approved by the
Engineer as soon as practical. Any corrective action needed for the control
measures will be accomplished in the sequence directed by the Engineer,
however areas adjacent to waterbodies shall generally have priority
followed by devices protecting storm sewer inlets.
(2) The Contractor shall also conform to the following practices and
controls. All labor, tools, equipment and incidentals to complete the
following work will not be paid for directly but shall be considered as
subsidiary work to the various items included in the contract, unless
otherwise noted.
(3)
(a) Disposal areas, stockpiles and haul roads shall be constructed in a
manner that will minimize and control the amount of sediment that
may enter receiving waters. Disposal areas shall not be located in
any wetlands waterbody or streambed.
Construction roads may not be located in or cross any
waterbody or streambed without prior approval of the Engineer and shall
be done in compliance with applicable rules and regulations.
(a) Construction operations in rivers, streams, lakes, tidal water
wetlands and other waterbodies shall be restricted to those areas
where it is necessary to perform the work shown on the plans.
Wherever streams are crossed, temporary bridges, timber mats or
other structures shall be used.
Item 9 - 3/5
(b) Protected storage for paints, chemicals, solvents fertilizers and
other potentially toxic materials will be provided by the Contractor
at a location approved by the Engineer.
(c) Construction staging areas and vehicle maintenance areas shall be
constructed by the Contractor in a manner to minimize the runoff
of pollutants. Those areas located on the right of way must be
approved by the Engineer. The Contractor shall prevent pollution
of receiving waters with petroleum products or other hazardous or
regulated substances. When work areas or material sources are
located adjacent to a waterbody, control measures shall be used to
keep sediment and other contaminants from entering the adjacent
waterbody. Control devices located on the right of way will be
measured for payment. Care shall be taken during the construction
and removal of control measures to minimize down -gradient
sedimentation.
(d) All waterways shall be cleared as soon as practicable of temporary
embankment, temporary bridges, matting, falsework, piling, debris
or other obstructions placed during construction operations that are
not a part of the finished work.
Disturbance of vegetation shall be minimized and limited to only
what is shown on the construction plans or as directed by the
Engineer in writing.
The Contractor shall clean paved surfaces as necessary to remove
sediment which has accumulated on the roadway.
(4) The project will not be accepted until the Contractor provides a uniform
perennial vegetative cover with a density of 70% of adjacent undisturbed
areas, or if in the opinion of the Engineer, permanent measures (such as
riprap, gabions or geotextiles), supplemented by temporary measures
(such as mulching with seed, hay bales, sediment control fences, earth
dams, etc.) have been employed that will control erosion sedimentation
and water pollution until sufficient vegetative cover can be established.
5. MEASUREMENT AND PAYMENT. If the Contractor is required to install
temporary erosion, sediment and water pollution control measures due to his
negligence, carelessness, lack of maintenance, or failure to install permanent
controls as a part of the work as scheduled, and measures are ordered in writing
by the Engineer, such work shall not be measured for payment but shall be
performed at the Contractor's expense. All labor, tools equipment and incidentals
to complete the work specified under Subarticle 4 2 will not be paid for under
applicable contract bid items but will be considered subsidiary to the various bid
Item 9 4/5
items, unless otherwise noted.
When the need for control measures can not be attributed to the Contractor's
negligence, carelessness, lack of maintenance or failure to install permanent water
pollution control measures and these measures are shown on the plans and/or
directed by the Engineer, these measures shall be measured and paid for in
accordance with applicable contract bid items. For work performed under the
requirements of this item which is not comparable to work performed under
contract bid items, such work shall be performed on a force account basis or by
agreed unit prices. Removal of control measures not incorporated as
permanent control measures shall be measured and paid for in accordance with
applicable contract bid items.
In case of failure on the part of the Contractor to prevent and control soil erosion,
sedimentation and water pollution which may degrade receiving water, the
Engineer reserves the right to employ outside assistance or to use State forces to
provide the necessary corrective measures. All costs including engineering costs
will be deducted from any moneys due or to become due to the Contractor.
Pollution control measures may be applicable to Contractor operations outside the
right of way where such work is necessary as a result of roadway related
construction such as construction and haul roads, field offices, equipment and
supply areas, and material sources. Pollution control measures outside the right of
way will not be measured for payment but shall be performed at the Contractor s
expense
Item 9 - 5/5
ITEM 10 — TEMPORARY SEDIMENT CONTROL FENCE
1. DESCRIPTION
This item shall govern for the materials to be furnished and for the installation,
maintenance and removal of temporary sediment control fence of the dimensions shown
on the plans. This item will be used temporarily during construction to control erosion
and sedimentation.
2. MATERIALS
(1) Fence Description. The fence shall be a net -reinforced fence using woven
geotextile fabric.
(2) Fabric. Fabric materials shall meet the requirements of Departmental Materials
Specification D-9-6230, "Temporary Sediment Control Fence Fabnc".
(3) Posts. Posts shall be a minimum of 48 inches long, essentially straight and shall
be wood or steel, unless otherwise shown on the plans. Soft wood posts shall
have a minimum cross section of 1.5 x 1.5 inches. Steel posts shall be "T' or "L"
shaped with a minimum weight of 1.3 pounds per linear foot.
(4) Net Reinforcement. Net reinforcement shall be galvanized welded wire mesh of
minimum 12.5-guage wire or equal as approved by the Engineer with a maximum
opening size of 2 inches by 4 inches and shall be at least 24 inches wide unless
otherwise shown on the plans.
(5) Staples. Staples used to secure reinforcement and fabric to wood posts shall have
a crown at least 3/ inch wide and legs 1/2 inch long.
(6) Used Matenals. Previously -used materials, meeting the above requirements and
when approved by the Engineer, may be used.
3. CONSTRUCTION METHODS
The temporary sediment control fence shall be used during construction near the
downstream perimeter of a disturbed area to intercept sediment from sheet flow. The
fence may be incorporated into the erosion control measures used to control sediment in
areas of higher flow. The fence installation methods shall be as specified below, unless
otherwise shown on the plans or as directed by the Engineer.
(1) Installation of Posts. Posts shall be embedded 18 inches deep, or adequately
anchored if in rock, with a spacing of 6 to 8 feet, and installed on a slight angle
toward the anticipated run-off source.
Item 10 - 1/3
(2) Fabric Anchoring. Trenches shall be dug along the uphill side of the fence to
anchor 6 to 8 inches of fabric. The trench shall have a minimum cross section of
6 x 6 inches. The fabric shall be installed in the trench such that 4 to 6 inches of
fabric is against the side of the trench and approximately 2 inches of fabric is
across the bottom in the upstream direction The trench shall then be backfilled
and hand tamped as approved by the Engineer.
(3)
Fabric Attachment. The reinforcement shall be attached to the end posts, if wood,
by staples or if steel, by T-clips or sewn vertical pockets at a succeeding post as
approved by the Engineer. The ends of successive reinforcement sheets or rolls
shall be connected at a fence post at least 6 times with hog rings.
4. MAINTENANCE
The temporary sediment control fence shall be maintained in good condition (including
staking, anchoring, tension adjustments, etc.) by the Contractor. All necessary work and
materials to maintain the integrity of the fence including keeping fabric free of
accumulated silt, debris, etc., shall be provided until earthwork construction and
permanent erosion control features are in place and/or the disturbed area has been
adequately stabilized. When the Special Specification, `Temporary Erosion,
Sedimentation and Water Pollution Prevention and Control", is in the contract,
stabilization shall be as described in Sub article 4.3. of that specification. The areas
damaged by the removal process shall be stabilized by the Contractor using appropriate
methods as approved by the Engineer.
Torn or punctured fabric shall be repaired by the placement of a patch consisting of an
additional layer of fabric over the damaged area. The patch shall have a minimum
overlap of 18 inches in all direction and be securely attached to the repaired fabric.
When the accumulated sediment deposit reaches a depth of approximately 6 inches, it
shall be removed and disposed of at approved sites in a manner that will not contribute to
additional siltation. If the structure ceases to function as intended, the Engineer may
direct that the fence or portions thereof be replaced. Such replacement will be measured
for payment.
5. MEASUREMENT
Temporary sediment control fence will be measured by the linear foot of fence, complete
in place, measurement being made along the centerline of the top of the fence.
Each time the Engineer directs that ht temporary sediment control fence (or portions
thereof) be removed or removed and replaced, it will be measured for payment.
Item 10 - 2/3
6. PAYMENT
The work performed and materials furnished in accordance with this Item and measured
as provided under "Measurement', will be paid for at the unit price bid for "Temporary
Sediment Control Fence". This price shall be full compensation for furnishing, placing
and maintenance of the fence (except as shown below)• for all required trenching, fence
posts, fabric and backfill; and for all labor, tools, equipment and incidentals necessary to
complete the work.
When the Engineer directs that the temporary sedimentation control fence installation (or
portions thereof) be replaced, payment will be made at the unit price bid for "Temporary
Sediment Control Fence (Remove and Replace)". This price shall be full compensation
for the removal and replacement of the fence installation and for all manipulations, labor,
tools, equipment and incidentals necessary to complete the work.
The removal of accumulated sediment deposits, as described under ' Maintenance", will
be measured and paid for under the pertinent bid items of the Special specification,
`Earthwork for Erosion Control".
The work performed in the final removal of the temporary sediment control fence
installation as described under ' Maintenance' and measured under "Measurement' will
be paid for at the unit price bid for "Temporary Sediment Control Fence (Remove)".
This price shall be full compensation for removing the fence from the existing location
and properly disposing of it and for all manipulations, labor, tools, equipment and
incidentals necessary to complete the work.
Stabilization (as described under "Maintenance") will be measured and paid for under the
vanous pertinent bid items.
Item 10 - 3/3
ITEM 11 - DRAINAGE STRUCTURES
1. General
This item consists of furnishing and installing drainage structures complete in place
according to details shown on drawings.
2. Manholes
Manholes may be constructed of precast concrete. Manholes damaged during construction
shall be repaired with suitable materials prior to backfilling.
Cast iron for manhole frame and cover shall conform to the shape and dimensions shown
on the drawings and shall be clean, and perfect, free from sand or blow holes or other
defects.
Payment will be at the unit price bid for manholes.
3. Cement Stabilized Sand
A. General: Unless otherwise directed by the Engineer, use 1.5 sacks per cubic yard of
sand in backfilling trenches for hnes or structures which he beneath asphalt or
concrete pavements, or as noted on drawings and where directed by Engineer.
B. Backfill Procedure: Place cement stabilized sand to bottom of pavement and 2 feet
beyond edge of pavement at optimum moisture content in layers not to exceed 12
inches, measured loose. Compact with mechanical hand tamps to at least 95 percent
maximum density as determined by ASTM Test Method D 698.
4. Bank Sand
A. General: Use where shown or directed by Engineer.
B. Compacting: Place sand fill in uniform layers, dry or moisten as required to obtain
approximate optimum moisture content, and compact to at least 95 percent of
maximum density. Maximum thickness of uniform layers of loose material not to
exceed 6 inches.
5. Construction Materials
A. Excavation and Preparation of Trench:
(1) Description: Construct trench to alignment and depth and width required. If
Item 11 - 1/2
provide a dry trench bottom. Deliver discharge from pumps to natural
drainage channels or to drains.
(2) Correcting Faulty Grade: Correct with approved material, thoroughly
compacted, any part of trench excavated below grade.
(3) Braced and Sheeted Trenches Sheet and brace excavations wherever
necessary to prevent caving Increase trench width as required and leave
sheeting in place until pipe has been laid and backfill compacted to depth of 2
feet over pipe.
6. Backfilling
Use backfill material free from large lumps, vegetation, or other objectionable matter.
Backfill, as soon as practicable, spaces excavated and not occupied by permanent
structures. Compact backfill at or near optimum moisture by mechanical tamps in layers
not to exceed 8' measured loose, to at least 95 percent of standard density as determined
by ASTM Test Method D 698.
7. Payment
All work performed and materials furnished in connection with installation of Drainage
Structures as specified herein, shall be paid for at the contract price bid for different types
of manholes Excavation, bedding, and backfill shall be included in the price bid for the
different types of manholes.
Item 11 - 2/2
APPENDIX "A"
U.S.A.C.E. PERMIT
REPLY TO
ATTENTION OF.
DEPARTMENT OF THE ARMY
GALVESTON DISTRICT. CORPS OF ENGINEERS
P.O. BOX 1229
GALVESTON. TEXAS 77553-1229
December 10, 2001
Evaluation Section
SUBJECT: Permit Application — 22361
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Gentlemen:
The above numbered permit has been approved and a signed copy is
enclosed for your retention.
Also enclosed is ENG Form 4336 and a copy of "Notice to Permittee"
which provides important information for permit administration. You
should notify the District Engineer, in writing, upon completion of the
authorized work.
Enclosures
Copies Furnished:
Sincerely,
4-40-Ka-t, Acteigo
Janet Thomas Botello
Leader, Central Evaluation Section
Commander (obn), Eighth Coast Guard District, Hale Boggs Federal
Building, 501 Magazine Street, New Orleans, Louisiana 70130-3396
w/encl
Director, National Ocean Service Coast & Geo. Sur., Mapping & Charting
Branch, Source Data Unit, Attn: N/CG2211, Station 7317, SSMC3 1315
East-West Highway, Silver Spring, Maryland 20910-3233
NOTICE TO PERMITTEES
Department of the Army Permits for Work in Navigable Waters require attention to
administration and policies which are often misunderstood or disregarded. To avoid
possible misinterpretations and to expedite procedures, permit post -authorization
requirements and pertinent information are outlined as follows:
1. Permits remain in effect until revoked, relinquished, or the structures are removed.
An extension of time for completion of structures or work may be granted provided that a
public notice is issued and that evidence is furnished of the bona fide intention of the
permittee to complete the work within a reasonable time If work or structures are not
completed within the time provided in the permit it is the permittee's responsibility to
request an extension of time at least 4 months before the expiration date.
2. Maintenance of authorized completed structures may be done at any time without
extending the completion period It is, however, required that the District Engineer be
notified prior to commencement of maintenance.
3. SPECIAL REGULATIONS GOVERN MAINTENANCE WORK INVOLVING
DREDGING OR FILL. This maintenance is not authorized by the original permit and
specific prior approval is required before such work is commenced in navigable waters.
Your request for authorization should be submitted in time for public notice requirements
and coordination with other agencies.
4. If ownership of structures or work covered by a permit is transferred, the District
Engineer must be notified immediately The notification will provide information so that
permit responsibilities can be changed to the new owner or assignee.
5. Permittees are reminded that the Area Engineer must be notified as soon as possible
of the time for commencement of construction or work, and immediately upon completion If
pipelines across Federal project channels are covered by the permit, the Area Engineer
should be informed of the date the pipelines are to be placed in time for him to arrange for
an inspector to be present.
6. All material changes in location or plans must be submitted promptly to the District
Engineer for approval before construction is begun.
7. Permits should not be considered as an approval of' design features of any
structure authorized or an implication that such structure is adequate for the purpose
intended.
DISTRICT ENGINEER
GALVESTON DISTRICT
CORPS OF ENGINEERS
SWG FL 279
24 April 85
DEPARTMENT OF THE ARMY PERMIT
Permittee City of Pearland
Permit No. 22361
Issuing Office Galveston District
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to
the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropnate official of
that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
•
Project Description: Channelize 160 feet upstream and 160 feet downstream of Hickory Slough at the Mykawa Road Bridge. The slough
may be channelized to a width of 52 feet and a depth of 8 feet from the OHWM, with a bottom width of 10 feet. The channel will be filled
with 105 cubic yards of concrete for erosion control and to reduce maintenance of the channel. At the point of the channel where the depth
returns to 2.5 feet, 67 cubic yards of riprap will be placed to reduce erosion of sediments into the deepened channel. The project will impact
0.176 acres of wetlands. The applicant will create 0.176 acres of wetlands in an existing detention basin located adjacent to Hickory Slough
less than 50 feet from the project site. The project will be conducted in accordance with the attached plans, in 8 sheets.
•
Project Location: On Hickory Slough on Mykawa Road, in Pearland, Brazoria County, Texas.
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on 31 December 2006 . If you find that you need more time
to complete the authorized activity submit your request for a time extension to this office for consideration at least one month before the above
date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit.
You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in
compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it
without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you
must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the
remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places.
4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy
of the permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification
as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or
has been accomplished in accordance with the terms and conditions of your permit.
ENG FORM 1721, Nov 86
EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))
1
Special Conditions:
1. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or
other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized
representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or
obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of
any such removal or alteration.
•
2. The applicant will notify the U.S. Army Corps of Engineers (Corps) , Galveston District, Compliance Section, in wnting that
project construction has begun All construction of the mitigation site must be complete within 6 months after start of construction within
jurisdictional areas. Monitoring and maintenance will proceed according to the mitigation plan.
3. An initial survey report that defines compensatory mitigation site survey methods and survey locations, current
conditions and areal coverage, including photo documentation, must be submitted to the Corps within 30 calendar days of
completing the mitigation construction.
4. If after one year from the initial effort the site does not have at least 50% areal coverage of targeted vegetation, those
areas that are not vegetated will be replanted using the original specifications supplemented with plantings instead of seed bank
transfer.
•
5. If after two years from the initial planting effort (or subsequent planting efforts) the site does not have at least 70%
areal coverage of targeted vegetation those areas that are not vegetated will be replanted using the original specifications
supplemented with plantings instead of seed bank transfer.
6. If after three years from the initial planting effort (or subsequent planting efforts) the site does not have at least 85%
areal coverage of targeted vegetation, those areas that are not vegetated will be replanted using the original specifications
supplemented with plantings instead of seed bank transfer.
7. In addition to the initial survey report, progress reports will be submitted to the Corps Galveston District Compliance
Section at 6 months, 1 year, 2 year, and 3-year intervals following the initial transplanting effort or subsequent replanting efforts.
Progress reports will include photodocumentation of the mitigation site.
8. If replanting is required after 3 years, a subsequent report will be required 6 months after the final planting, at which
time the Corps Compliance section will determine if the mitigation was successful.
9. If mitigation is detennined to be unsuccessful, by the end of the monitoring penod, the permittee will be required to
take necessary corrective measures, as approved by the Corps to ensure success.
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf
of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in
reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances
that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained
in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The referenced enforcement procedures provide
for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal
action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such
directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or
otherwise and bill you for the cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are
circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision the Corps will
normally give favorable consideration to a request for an extension of this time limit.
Your signature below, aspgrmittee, ' dic tes that you accept and agree to comply with the terms and conditions of this permit.
(PERMITTEE) i (DATE)
CITY OF PEARLAND
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.
%st
( TRICT ENGINEER)
3<elAtp.,t Acme%) NET THOMAS BOTELLO, LEADER
CENTRAL EVALUATION UNIT
FOR COLONEL LEONARD D. WATERWORTH
tom.-/o-o/
(DATE)
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of
this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities
associated with compliance with its terms and conditions, have the transferee sign and date below.
(TRANSFEREE) (DATE)
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•
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Replacement of an existing bridge and channel
modifications to Hickory Slough
City of Pearland, DA # 22361
Bridge Replacement and Improvements on Hickory Slough,
Pearland, Brazoria County, Texas.
Sheet t^ of D
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Mykawa Road Bridge Replacement and Improvements to Hickory
Slough Mitigation Summary
MITIGATION
Approximately 0.176 acres of jurisdictional wetlands would be impacted. The requested
mitigation ratio for this wetland would be 1:1. The total area proposed for set aside
would be 0.176 acres.
Wetlands would be created in an existing detention basin located adjacent to Hickory
Slough, < 50 feet from the project area. A pit approximately 2.5 feet in depth with 4:1
side slopes would be excavated below the existing detention basin bottom. Material
excavated from the channel of Hickory Slough would be transferred into this area and
serve as the primary seed source. A l'B ' equalizer pipe would be placed between the
mitigation area and Hickory Slough. This pipe would allow water transfer between
Hickory Slough and the mitigation area. Water depth in the mitigation area would be
equivalent to the depth of Hickory Slough (approximately 24" — 30").
The following target species are currently established in Hickory Slough. With the soil
and hydrologic conditions in Hickory Slough being replicated in the mitigation area,
these species should have adequate growing conditions.
TARGET
SPECIES
LIST
Common
Name
Scientific
Name
Common
hornwort
Ceratophyllum
desmersum
Floating
seedbox
Ludwigia peploides
Swamp
smartweed
Polygonum
hydropiperoides
Barnyard
grass
Echinochloa
crusgalli
Green flatsedge
Cyperus virens
Yerba
de
tajo
Eclipta
alba
Lesser duckweed
Lemna minor
Water
-meal
species
Wolffia
sp.
On -going management activities would be conducted to suppress the growth of Alligator
weed (Alternanthera philxeroides) and eliminate the invasion of Chinese tallow tree
(Sapium sebiferum). Management techniques to be implemented include chemical
treatment and mechanical removal.
MONITORING
Monitoring will be conducted to determine the success of both the hydrologic and
vegetative components of the mitigated wetlands. Wetlands construction would coincide
with excavation of Hickory Slough in order to facility a transfer of the seedbed material.
The following will be used as a guideline for determining success:
Vegetation
Within 1 year 50%
Within 2 years 70%
Within 3 years 85%
City of Pearland, DA # 22361
Bridge Replacement and Improvements on Hickory Slo ugh
Pearland, Brazoria County, Texas.
Sheet .7 of
'.-RIM 1 rED pLANS
Mykawa Road Bridge Replacement and Improvements to Hickory
Slough Mitigation Summary
If 85% is not reached within 3 years, supplemental plantings and management will take
place in the ensuing year. The success of the hydrologic parameters will be based on the
vegetation success. If the target species and hydrologic regime are not being met,
additional management techniques will be employed. A progress report will be provided
to the U.S. Army Corp of Engineers, Compliance Section (Galveston District), on an
annual basis.
•
City of Pearland, DA # 22361
Bridge Replacement and Improvements on Hickory Slough
Pearland, Brazoria County, Texas.
Sheet t3 of O