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R2006-142 09-05-06 RESOLUTION NO. R2006-142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR TRAFFIC SIGNAL CONSTRUCTION SERVICES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City opened bids for traffic signal construction services associated with the Kirby Drive @ Beltway 8 and Cullen Blvd. @ Fite Road intersections, and such bids have been reviewed and tabulated. Section 2. That the City Council hereby awards the bid to Traf-Tex, Inc., in the amount of $392,610.77. Section 3. The City Manager or his designee is hereby authorized to execute a contract for traffic signal construction services. PASSED, APPROVED and ADOPTED this the 5th day of September, A.D., 2006. c-~f2~ TOM REID MAYOR ATTEST: APPROVED AS TO FORM: ~ It. aL-.- DA RIN M. COKER CITY ATTORNEY CITY OF PEARLAND ADDENDUM NO. # ,.' Section 00900 ADDEMDUM NO.-L- Date: August 2006 PROJECT: Kirby & Cullen Traffic Signals; Kirby @ Beltway 8 & Cullen @ Fite Road BID NO.: 2006-066 BID DATE: August 22, 2006; 3 :OOpm FROM: Samson Ukaegbu Project Manager Traff-Data & Associates 9720 Beechnut, Suite 390, Houston, Texas, 77036 To: Prospective Bidders and Interested Parties This addendum forms a part of the bidding documents and will be incorporated into the Contract Documents, as applicable. Insofar as the original Contract Documents, Specifications, and Drawings are inconsistent, this Addendum shall govern. Please acknowledge receipt of this Addendum on both copies of the Bid Proposal form, Section 00300 submitted to the City of Pearland. FAILURE TO ACKNOWLEDGE RECEIPT OF ADDENDA ON THE BID PROPOSAL FORM MAY BE CAUSE FOR DISQUALIFICATION. CHANGES TO BID PROPOSAL AND CONTRACT DOCUMENTS: 1. Section 00300 - Bid Proposal (Kirby @ Beltway 8) Section 00300 - Bid Proposal- Item #1, Specification # 01505, Mobilization (Limit of3% of Total Bid), percentage limit of3% is to be increased to "Limit of 15% of Total Bid". 2. Section 00300 - Bid Proposal (Cullen Blvd. @ Fite Road) Section 00300 - Bid Proposal- Item #1, Specification # 01505, Mobilization (Limit of3% of Total Bid), percentage limit of 3% is to be increased to "Limit of 15% of Total Bid". 3. Section 00300 - Bid Proposal (Cullen Blvd. @ Fite Road) Section 00300 - Bid Proposal- Item #8, Mobilization, delete item #8. 4. Section 00300 - Bid Proposal (Cullen Blvd. @ Fite Road) Section 00300 - Bid Proposal- Add Item #103, Tray Cable (3 CONDR)(12 A WG), LF, 1500LF. (Use of item (if needed) is subject to TXDOT approval) 07/2006 00900 - 1 of2 CITY OF PEARLAND ADDENDUM NO. # I 5. Section 00300 - Bid Proposal (Kirby @ Beltway 8) Section 00300 - Bid Proposal- Correct Item #91, TRF SIG CBL (TY A) (13 A WG), (7 CONDR) to TRF SIG CBL (TY A) (12 A WG), (7 CONDR). END OF ADDENDUM NO. 1 Samson Ukaegbu Proj ect Manager Traff-Data & Associates 07/2006 00900 - 2 of2 Exhibit "A" Resolution 2006-142 9/5/06 CONTRACT DOCUMENTS for: Kirby & Cullen Traffic Signals Kirby@ Beltway 8 & Cullen @ Fite Road COP Project No.: PM6804/T70012 Bid No.: 2006-066 September, 2006 Prepared By: City Of Pearland 3519 Liberty Drive Pearland, Texas 77581 CITY OF PEARLAND BRAZORlA COUNTY, TEXAS Kirby & Cullen Traffic Signals Kirby @ Beltway 8 & Cullen @ Fite Road TABLE OF CONTENTS NO. OF PAGES SECTION TITLE DIVISION 0 - BIDDING AND CONTRACT DOCUMENTS 00100 00200 00300 00500 00610 00611 00612 00613 00700 00800 00811 00813 Invitation to Bid.... .... ....... ....... ..... .............. ............. ............... ...... .................... ...2 Instructions to Bidders.... .......................................... .............. ............. ...............7 Bid Proposal....... ..... ........ .................. ....................... ........... ............. ................... 3 Standard Form of Agreement ........................................ ........................... .......... 7 Performance Bond..... .... ... ... ...... ...... ......... ........... ... .... .... .... ..... ..... ... .... .......... ......2 Payment Bond. ............ .... ...... ..... ....... ..... ............ ... ... .... .......... ... .... ... ........ .... ... .... 2 One-Year Maintenance Bond.. ....... .............. ..... ... ... .... ..... ...... ...... ....... ... ... ..........2 One-Year Surface Correction Bond..... ..................... ........ ................... ............... 2 General Conditions of Agreement. ........... .............. ............ ................... ...........31 Special Conditions of Agreement..... ............... ....... ......... ....... ..... ......... .............. # Wage Scale for Engineering Construction... .......... .............. ........ ....................... 2 Wage Scale for Building Construction ...............................................................2 DIVISION 1 - GENERAL REQUIREMENTS 01100 01140 01200 01290 01310 01350 01380 01420 01430 01440 01450 01500 01505 01550 01555 01560 01561 01562 01563 01564 07/2006 Summary of Work.... ....... ...... ......... ................ ... ... ... .... ....... ....... ... ....... ...... .......... # Contractor' s Use of Premises............................... ......... ............... ......... ........ ...... 4 Measurement and Payment Procedures.. ..... ............ ......... ..................... ............. 3 Change Order Procedures ................................................................................... 4 Coordination and Meetings..................................... ............... ............ ...... ....... .... 3 Submittals... ....... ..................................................................... .................. ..........6 Construction Photo graphs................................................................................... 3 Referenced Standards.......................................................................................... 5 Contractor's Quality Control.................................... .... .................. .......... .......... 2 Inspection Services....... .................................... ........................... ..... .................. 1 Testing Laboratory Services. ............. ............................. ...... ........ ......... .... .......... 2 Temporary Facilities and Controls.................................... ........... ........ ..... .......... 9 Mobilization........................................................................................................ 1 Stabilized Construction Exit.. ..... ............ ........ ....... ... .......... ... ...... .......... ...... ... .... 4 Traffic Control and Regulation........................... ............................... .... ...... ....... 4 Filter Fabric Fence ... ................................................................... ....... .... ............. 3 Reinforced Filter Fabric Barrier ........ .............. ......................... ........ ...... .............3 Waste Material Disposal..................................................................................... 3 Tree and Plant Protection................................. ........... ......... ... ............................4 Control of Ground Water and Surface Water .....................................................8 00010 - 1 0[2 CITY OF PEARLAND TABLE OF CONTENTS 07/2006 01565 01566 01570 01600 01630 01720 01730 01750 01760 01770 TPDES Requirements .... .... .... ........ ......... ........ ..... ......... ............ ... .......... ............. 3 Source Controls for Erosion and Sedimentation.................................................5 Trench Safety System .......... ....... ........ ... ............. ....... ........... ... ........... ...... .......... 4 Material and Equipment............... ......... ........ ......... ... ........ ...... .......... ..... ...... .......3 Product Options and Substitutions........ ... ..... .... ..... ..... ...... ... ........ ...... ...... ...........3 Field Surveying ........... ..... ......... ..... ................ .......................... ........... ...... .......... 2 Cutting and Patching........................................................................................... 3 Starting Systems.................................................................................................. 2 Project Record Documents ..... .......... .................... ........... .... ........ ............. .......... 2 Contract Closeout................................................................................................ 2 END OF SECTION 00010 - 2 of2 CITY OF PEARLAND INVITATION TO BID Section 00100 INVITATION TO BID CITY OF PEARLAND, TEXAS Sealed bids will be received, in duplicate, referencing the following project in the office of the City Secretary of the City of Pearland, City Hall, Suite 309, located at 3519 Liberty Drive, Pearland, Texas 77581 until 3:00 p.m., August 22, 2006, at which time they will be publicly opened and read aloud for the construction of: Kirby & Cullen Traffic Signals Kirby @ Beltway 8 & Cullen @ Fite Road City of Pearland, Texas COP PN: PM6804/T70012 BID NO.: 2006-066 A mandatory pre-bid conference will be held at the City of Pearland City Hall at 3519 Liberty Drive, Pearland, Texas 77581, in the 2nd floor conference room, at 10:30 a.m. on August 17,2006. The project will entail furnishing all supplies, equipment & labor for the construction of traffic signals at specified intersections in accordance with TXDOT specifications, bid documents, and as shown on the construction drawings prepared by Traff-Data & Associates. The project sites are located at Kirby Road and Beltway 8, and Cullen Blvd. and Fite Road. Information and Bid Documents: Copies of Contract Documents and Technical Specifications and Plans are on file at the following locations for review: City of Pearl and, City Hall 3519 Liberty Drive Pearland, Texas 77581 (281) 652-1600 The Associated General Contractors of America, Inc. 2400 Augusta, Suite 180 Houston, TX 77057 (713) 334-7100 Associated Builders & Contractors of Greater Houston 3910 Kirby, Suite 131 Houston, TX 77098 (713) 523-6222 Dodge Reports 4101 Greenbriar, Suite 320 Houston, TX 77098 (713) 529-4895 Bidders may obtain a complete set of the Contract Documents, Technical Specifications and Plans from the office of the City of Pearland, Projects Department, 3rd floor of City Hall, upon request and payment of a plan fee in the amount oftwenty-five dollars ($25.00) per set. The plan fee will NOT be refunded. 07/2006 00100 - 1 of2 CITY OF PEARLAND INVITATION TO BID No bid may be withdrawn or terminated for a period of sixty (90) days subsequent to the bid opening date without the consent of the City of Pearland. Unless otherwise expressly provided herein, all references to "day(s)" shall mean calendar day(s). Bid Security and Bonds: Bid Security in the form of Cashier's Check or Certified Check payable to the City of Pearland in the amount of 5% of the total base bid price must accompany each proposal. The successful bidders must furnish Performance and Payment Bonds as required by Chapter 2253 of the Texas Government Code or other applicable law, as amended, upon the form included in the Contract Documents, in the amount of one hundred percent (100%) of the contract price, such bonds to be executed by a corporate surety duly authorized to do business in the State of Texas, and named in the current list of "Treasury Department Circular No. 570", naming the City of Pearland, Texas as Obligee. Additionally, the successful bidder may be required to provide a one year Maintenance Bond for the improvements installed as part of this work, as provided in the Special Conditions of Agreement. Equal Opportunity: All responsible bidders will receive consideration for award of contract without regard to race, color, religion, sex, or national origin. Selection Criteria: In determining to whom to award a contract, the City of Pearland may consider: 1) purchase price; 2) reputation of the Bidder and Bidder's goods or services; 3) quality of Bidder's goods or services; 4) extent to which the goods or services meet the Owner's needs; 5) Bidder's past relationship with the Owner; 6) impact on the ability of Owner to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities; 7) total long-term cost to Owner to acquire Bidder's goods or services; 8) the Qualifications of Bidders, including Financial Statements of Bidders, identified in the Instructions to Bidders; and 9) any other relevant criteria specifically listed in the Bidding Documents. The City of Pearl and reserves the right to reject any or all bids. A bid that has been opened may not be changed for the purpose of correcting an error in the bid pnce. Gordon Island Purchasing Officer (date) 07/2006 00100 - 2 of2 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS Section 00200 INSTRUCTIONS TO BIDDERS 1. Defined Terms The term "Bidder" means one who submits a Bid Proposal directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the lowest responsible Bidder or the Bidder who provides goods or services at the best value for the Owner, to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Invitation to Bid, Instructions to Bidders, the Bid Proposal form, and the proposed Contract Documents (including all Addenda issued prior to receipts of bids). All other definitions set out in the Contract Documents are applicable to terms used in the Bidding Documents. Unless otherwise expressly provided herein, all references to "day(s)" shall mean calendar day(s). 2. Copies of Bidding Documents 2.1 Complete sets of Bidding Documents in the number and for the deposit sum stated in the Invitation to Bid may be obtained from the Engineer. 2.2 Complete sets of Bidding Documents must be used in preparing Bid Proposals; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bid Proposals on the Work, and do not confer a license or grant for any other use. 3. Qualifications of Bidders 3.1 07/2006 In determining to whom to award a contract, the City of Pearland may consider, in addition to the other selection criteria identified in section 15 of these Instructions to Bidders, the following Qualifications of Bidder, and each Bidder must be prepared to submit within two (2) days of Owner's request any or all of such Qualifications requested: 1) A brief narrative of previous experience of the Bidder with projects of a similar nature and scope; 2) A list, including owner name and project location, of on-going projects and contracts for construction of projects of the Bidder which are not yet substantially complete; 3) A list of proposed subcontractors and suppliers for the project being bid; 4) A list of name, address and telephone number of references for projects completed by Bidder; and 5) A Financial Statement of Bidder, consisting of the balance sheet and annual income statement of Bidder for the Bidder's last fiscal year end preceding 00200 - 1 of? CITY OF PEARLAND INSTRUCTIONS TO BIDDERS the submission of the Bid Proposal, which has been audited or examined by an independent certified public accountant. The Financial Statement of Bidder shall be used to determine a Bidder's net working capital, which is defined as current assets less current liabilities. A Bidder's net working capital shall be considered evidence of the Bidder's ability to provide sufficient financial management of the project being bid. The Bidder's Financial Statement shall be clearly and conspicuously marked as "confidential", and shall be deemed and treated as confidential and excepted from the Public Information disclosure requirements of Texas Government Code Section 552.001 et seq., as such information, if released, would give advantage to a competitor or bidder, and/or would cause substantial competitive harm to Bidder. 4. Examination of Contract Documents and Site 4.1 4.2 4.3 4.4 07/2006 It is the responsibility of each Bidder before submitting a Bid Proposal, to (a) examine the Bidding Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, ( c) consider federal, state and local laws and regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and ( e) notify Engineer of all conflicts, errors, omissions or discrepancies in the Contract Documents. Any reports of explorations and tests of conditions at the site which have been utilized by the Engineer in preparation of the Contract Documents will be made available to Bidders for review, but are not part of the Contract Documents. Bidder may not and should not rely upon the accuracy of the data contained in such reports, interpretations or opinions contained therein, or the completeness thereof, for the purposes of bidding or construction. Information and data reflected in the Contract Documents with respect to underground utilities, equipment or other underground facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such underground facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof. Before submitting a Bid Proposal, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid Proposal prices for performing and furnishing the Work in accordance with the Contract Time, Contract Price and other terms and conditions of the Contract Documents. 00200 - 2 of? CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 4.5 On request in advance, Owner will provide each prospective Bidder access to the site to conduct such explorations and tests as each prospective Bidder deems necessary for submission of a Bid Proposal. Prospective Bidders shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. 4.6 The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. 4.7 The submission of a Bid Proposal will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid Proposal is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5. Interpretations and Addenda 5.1 All questions about the meaning or intent of the Contract Documents are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than five (5) days prior to the date for opening of Bid Proposals may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. 6. Bid Security 6.1 Each Bid Proposal must be accompanied by bid security made payable to Owner in an amount of five percent (5%) of the Bidder's maximum Bid Proposal price, and in the form of a certified or cashier's check or a Bid Bond in the form attached, if a form is prescribed ("Bid Security"). 6.2 The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Standard Form of Agreement, and furnished the required 07/2006 00200 - 3 of7 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS Performance and Payment Bonds, whereupon the Bid Security will be returned. If the Successful Bidder fails to execute and deliver the Standard Form of Agreement and furnish the required performance and payment bonds within ten (10) days after the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders will be retained until after the Contract is awarded and the Standard Form of Agreement becomes effective, or all bids are rejected, whereupon Bid Security furnished by such Bidders will be returned. 7. Contract Time The number of days in which the Work is to be Substantially Completed, as set forth in the Bid Proposal form and the Standard Form of Agreement, subject to such extension of time as may be due under the terms and conditions of the Contract Documents ("Contract Time"). 8. Liquidated Damages and Early Completion Bonus Provisions for liquidated damages and early completion bonus, if any, are set forth in the Standard Form of Agreement. 9. Substitute or "Or-Equal" Items The Contract, if awarded, will be on the basis of the selected materials and equipment described in the Plans or specified in the Specifications without consideration of possible substitute or "or-equal" items. Whenever it is indicated in the Plans or specified in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by the Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Agreement becomes effective. All "or-equal" references shall be interpreted to mean "or approved equal". The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in the Contract Documents. 10. Bid Form 10.1 The Bid Proposal form (Section 00300 - Bid Proposal) is included with the Bidding Documents; additional copies may be obtained from Engineer (or the issuing office). 10.2 All blanks on the Bid Proposal form must be completed in ink or by typewriter. The Bidder shall bid all Alternates, if any. The Bidder shall initial each page of the Bid Proposal form. 10.3 Bid Proposals by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied be evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 07/2006 00200 - 4 of? CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 10.4 Bid Proposals by partnerships must be executed in the partnership name and signed by a general partner, whose title must appear under the signature, and if a corporate general partner, executed as required above for corporations, and the official address of the partnership must be shown below the signature. 10.5 All names must be typed or printed below the signature. 10.6 The Bid Proposal shall contain an acknowledgment of receipt of all Addenda (the number of which must be filled in on the Bid Proposal form). 10.7 The address and telephone number for communications regarding the Bid Proposal must be shown on the Bid Proposal form. 11. Submission of Bid Proposals The place, date and/or time designated for opening Bid Proposals may be changed in accordance with applicable laws, codes and ordinances. Bid Proposals shall be submitted in duplicate at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title and name and address of the Bidder and accompanied by Bid Security. If the Bid Proposal is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. Verbal, facsimile, or electronic bids are invalid and will not be considered. Bid Proposals submitted after the bid date and time will be returned to the Bidder unopened. 12. Modification and Withdrawal of Bid Proposals 12.1 Bid Proposals may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid Proposal must be executed) and delivered to the place where Bid Proposals are to be submitted at any time prior to the opening of Bid Proposals. A Bidder may not modify or withdraw its Bid Proposal by verbal, facsimile or electronic means. A withdrawn Bid Proposal may be resubmitted prior to the designated time for opening Bid Proposals. 12.2 If, within twenty-four (24) hours after Bid Proposals are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material mistake in the preparation of its Bid Proposal, that Bidder may request to withdraw its Bid Proposal and the bid security may be returned or forfeited at the discretion of the Owner. Thereafter, that Bidder will be disqualified from further bidding on the Project to be provided under the Contract Documents. 13. Opening of Bid Proposals 07/2006 00200 - 5 of 7 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS Bid Proposals will be opened and (unless obviously non-responsive) read aloud publicly. An abstract of the amounts of the base Bid Proposals and major alternates (if any) will be made available to Bidders after the opening of Bid Proposals. Bid Proposals, in their entirety, shall be open for public inspection after the contract is awarded, with the exception of any trade secrets or confidential information contained therein, provided Bidder has expressly identified any specific information contained therein as being trade secrets or confidential information. 14. Bid Proposals to Remain Subject to Acceptance All Bid Proposals will remain subject to acceptance for ninety (90) days after the day of the Bid Proposal opening, but Owner may, in its sole discretion, release any Bid Proposal and return the bid security prior to that date. 15. Award of Contract 15.1 Owner reserves the right to reject any and all Bid Proposals, to waive any and all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder. Owner may reject a bid as non-responsive if: 1) Bidder fails to provide required Bid Security; 2) Bidder improperly or illegibly completes or fails to complete all information required by the Bidding Documents; 3) Bidder fails to sign the Bid Proposal or improperly signs the Bid Proposal; 4) Bidder qualifies its Bid Proposal; 5) Bidder tardily or otherwise improperly submits its Bid Proposal; 6) Bidder fails to submit the Qualifications of Bidder as required under section 3 of these Instructions to Bidders; or 7) Bid Proposal is otherwise non-responsive. In determining the best value for the Owner, and in determining to whom to award a contract, Owner may consider: 1) purchase price; 2) reputation of the Bidder and Bidder's goods or services; 3) quality of Bidder's goods or services; 4) extent to which the goods or services meet the Owner's needs; 5) Bidder's past relationship with the Owner; 6) impact on the ability of Owner to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities; 7) total long- term cost to Owner to acquire Bidder's goods or services; 8) the Qualifications of Bidder; and 9) any other relevant criteria specifically listed in the Bidding Documents. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 15.2 In evaluating Bid Proposals, Owner will consider the Qualifications of the Bidders, whether or not the Bid Proposals comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Proposal form or prior to the Notice of Award. 15.3 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid Proposal and to establish the responsibility, 07/2006 00200 - 6 of7 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS qualifications and financial ability of Bidders, proposed Subcontractors, suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents, to Owner's satisfaction, within the Contract Time. 15.4 The contract is to be awarded to the lowest responsible Bidder or the Bidder who provides goods or services at the best value for the Owner. 16. Contract Security When the Successful Bidder delivers the executed Standard Form of Agreement to Owner, it must be accompanied by the Performance and Payment Bonds required by the Contract Documents. Bonds may be on the forms provided herein or an equal form containing no substantive changes, as determined by Owner. 17. Signing of Agreement When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Standard Form of Agreement, and the required Performance and Payment Bond forms. Within ten (10) days thereafter Contractor shall sign and deliver the required number of counterparts of the Standard Form of Agreement to Owner with the required Bonds. Within ten (10) days thereafter, Owner shall deliver one fully signed counterpart to Contractor. There shall be no contract or agreement between Owner and the Successful Bidder until proper execution and attestation of the Standard Form of Agreement by authorized representatives of the Owner. 18. Pre-bid Conference A pre-bid conference will be held as indicated in the Invitation to Bid. Attendance at the pre-bid conference is mandatory. 19. Retainage Provisions concerning retainage are set forth in the Contract Documents. END OF SECTION 07/2006 00200 - 7 of7 CITY OF PEARLAND BID PROPOSAL Section 00300 BID PROPOSAL Date: t/Z2/Z00 {.:;. Bid of / /2A- r 'T;i ~. L,vc.." , an individual proprietorship / a @rporatioiyorganized and existing under the laws of the State of Texas / a partnership consisting of IV / k , for the construction of: Kirby & Cullen Traffic Signals Kirby @ Beltway 8 & Cullen @ Fite Road City of Pearland, Texas COP PN: PM6804rr70012 BID NO.: 2006-066 (Submitted in Duplicate) To: The Honorable Mayor and City Council of Pearl and City of Pearland 3519 Liberty Drive Pearl and, Texas 77581 Pursuant to the published Invitation to Bidders, and Instructions 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 described in or reasonably inferable from the Contract Documents for the construction of the Kirby & Cullen Traffic Signals at Kirby @ Beltway 8 & Cullen @ Fite Road with all related appurtenances, complete, tested, and operational, in accordance with the Plans, and Specifications prepared by the Engineer(Traff- Data & Associates, 9720 Beechnut, Suite 390, Houston, Texas, 77036), the City of Pearland's inspection for the unit prices or applicable prices set forth on the attached bid sheet(s) which bears the undersigned's initials for identification. It is understood that, in the event any changes are ordered on any part of the Work, the applicable unit prices bid shall apply as additions to or deductions from the total prices for the parts of the Work so changed. The Bid Security required under the Instructions to Bidders is included with this Bid Proposal. The Bidder agrees to submit to the Owner the Qualifications of Bidder, including the Financial Statement of Bidder, as required by the Instructions to Bidders. The Bidder binds himself upon acceptance of his Bid Proposal to execute the Standard Form of Agreement and furnish a Performance Bond and a Payment Bond, each in the amount of one hundred percent (100%) of the total Contract Price, according to the forms included in the Contract Documents. The undersigned Bidder agrees to commence work within ten (10) days after the date of a written notice to commence work. It is understood that the Work is to be Substantially Complete within Bidder's Initial'~ 07/2006 00300-1oflO CITY OF PEARLAND BID PROPOSAL ninety (90) days after the date of the notice to commence work. Time for Substantial Completion shall begin on the date established by the notice to commence work. The Contractor will pay liquidated damages in the amount(s) specified in Document 00500 - Standard Form of Agreement in the event the Work is not Substantially Complete in this time limit. Plan Set 1 (Kirby @ Beltway 8) see plan sheet #4 for extended qnantities list Item \ spec'l Estimated \ I No. No. Bid Item Description Unit Quantity Unit Price Amount Bid BASE BID ITEMS 1 01505 Mobilization (Limit of 3% of Total Bid) LS 1 ;26;tXJtJ. n:, ~o::i). CJO I 2 01555 Flagmen LS 1 '-!.j7J.00 iS6. Oe 3 01555 Traffic Control and Regulation During LS 1 I d Cx:::J. CD Construction, Including Signs and I, ()O':y~w:> I Barricades, in Accordance with MUTCD, Complete in Place 4 02200 Clearing and Grubbing SY j/fb j), ~ 5 01564 Control of Ground Water and Surface LF Water . jIi f;, (j tl) 6 01560 Filter Fabric Fence LF , ,if () 1.3,,t) 7 01560 Reinforced Filter Fabric Barrier LF ;06'B,,f) 8 2032 DRilL SHAFT (TRF SIG POLE) (36 IN) LF 30.400 Jffco 'i Ol!!> //0,-/. 9 2033 DRILL SHAFT (TRF SIG POLE) (42 IN) LF 17.400 jt-/ (). rL/ ;2,13". N;> 10 2034 DRILL SHAFT (TRF SIG POLE) (48 IN) LF 21.900 ISO. ex:> 31 ;;2?6: <>Q 11 2005 CURB RAMPS (TY 1) EA 4.00 13/~g-O co / '!; '7.)0 <K\ 12 2011 CURB RAMPS (TY 8) EA 4.00 3i no. eIC J0 ~do.'-' 13 2013 CURB RAMPS (TY 20) EA 1.00 3) 9tJo. 00 3 i 9 'fo . 0<:> 13 2017 CURB RAMPS (TY 21) EA 1.00 ;l.,6"1..fO . (M:) ;J, J 5LfO. l\'O 14 2004 CONC DIRECT ISLAND SY 96.978 dO?: c-o ~OI)7/.'/A 15 2034 CONDT (PVC) (SCHD 80) (2") LF 246.000 )~.~ 1/ 057. <'.c> 16 2035 CONDT (PVC) (SCHD 80) (2") (BORE) LF 560.000 /0. (w> 1; <600.00 17 2040 CONDT (pVC) (SCHD 80) (4") LF 461.000 19. ('J() ?: 75'"7. .- 07/2006 Bidder's InitiaI's~ 00300 - 2 of 10 CITY OF PEARLAND BID PROPOSAL Item Spec. Estimated No. No. Bid Item Description Unit Quantity Unit Price Amount Bid 18 2041 CONDT (pVC) (SCHD 80) (4") BORE LF 492.000 /1- Do b ,F?f: 0... 19 2052 CONDT (RM) (2") LF 210.000 9C"o I, 87c. CA> 20 2060 CONDT (RM) (4") LF 180.000 )~.~ c:< / '8" 3"() . ~ 21 2002 TRAY CABLE (3 CONDR) (12 A WG) LF 2796.000 /, IS- 31;J/~10 22 2007 ELEC CONDR (NO.4) BARE LF 560.000 I. 'gO II d~ 3. <3>U 23 2008 ELEC CONDR (NO.4) INSULATED LF 560.000 ;;.. ct::J 1/ /~. c- 24 2009 ELEC CONDR (NO.6) BARE LF 3320.000 .9s- 3, J :5~y. .-.. I 25 2014 GROUND BOX TY D (162922) EA 17.000 S,S-Oo ~ b Os:-o~ W/APRON 26 2100 ELC SRV TY D 120/240070 (NS) SS (E) EA 1.000 :J.., ~ 50 ~ ~tbSO.Oe SP (0) 27 2006 INS SM RD SN SUP & AM TY 10BWG EA 1. 000 3?S:C>b 3 ?'5:oc (1) SA (U) 28 '~SIGNAL AHEAD" (48"X 48") EA 5.000 ;(~L(. ~ i,I;,KD. ~ 29 "KIRBY DR NEXT SIGNAL" EA 2.000 ;< 3 J, C->o 1G::2 . ~ 30 2056 RELOCATE SM RD SN SUP & AM TY EA 4.000 ;<7J.~ / LJ9;J.:~ lOBWG (AT RAMPS) 31 2060 REMOVE SM RD SN SUP & AM EA 4.000 7 6"~ C~ 300. ac:. 32 2003 REFL P A V MRK TY I (W) 4" (BRK) LF 2229.000 3~ 7/]. .:2r (100MIL) , 33 2006 REFL PA V MRK TY I (W) 4" (DOT) LF 210.000 1-00 ;)/0 .~ (100MIL) 34 2036 REFL PA V MRK TY I (W) 8" (SLD) LF 1552.000 Lj.ao to I )O'j: CtO (100MIL) 35 2042 REFL PA V MRK TY I (W) 12" (SLD) LF 654.000 ;rdO J/ 3D'?, OC (1 OOMIL) 36 2048 REFL PA V MRK TY I (W) 24" (SLD) LF 468.000 L.j. DO 11 '8'"7J-. (>0 (1 OOMIL) 37 2054 RELF P A V MRK TY I (W) (ARROW) EA 9.000 7~CPO G 75:at9 (100MIL ) 38 2096 RELF P A V MRK TY I (W) (WORD) EA 9.000 7~~ ~ 7~ cP (100MIL) 39 2111 REFL PV MRK TY I (Y) 4" (SLD) LF 960.000 .31 3r2ro. t.{o (1 OOMIL) 40 2132 REFL PA V MRK TY I (Y) 24" (SLD) LF 234.000 1/ (W 93C . c>> (1 OOMIL) 07/2006 Bidder's Initia1'S~ 00300 - 3 of 10 CITY OF PEARLAND BID PROPOSAL Item Spec. Estimated No. No. Bid Item Description Unit Quantity Unit Price Amount Bid 41 2141 REFL PA V MRK TY I (Y) (MED NOSE) EA 2.000 ) C; 0 .~ 3.;20. Co (lOOMIL ) 42 2189 PAVEMENT SEALER 4" LF 3189.000 ,IS- L/ .:?,s- 7? 43 2191 PAVEMENT SEALER 8" LF 1552.000 ,3C\ i~ 5": 6~ 44 2193 PAVEMENT SEALER 12" LF 654.000 /.0'0 fojLf.~ 45 2195 PAVEMENT SEALER 24" LF 702.000 ;<.~ II 10 'f. C>O 46 2219 PAVEMENT SEALER (ARROW) EA 9.000 ~O:~ Jd.S'~ 47 2220 PAVEMENT SEALER (WORD) EA 9.000 ~Oc:> ;2;;.5: 0:. 48 2221 PAVEMENT SEALER (MED NOSE) EA 2.000 60 . CJ::> )CC.cc 49 2012 REFLPAVMRKR TYI-C EA 72.000 '-/ 0() :n--r. ~ 50 2015 REFL PA V MRKR TY II-A-A EA 62.000 if. ex> ~<-{6' oc 51 2024 TRAFFIC mON TY W EA 80.000 3.75- 300.Oe:. 52 2001 EUM EXT P A V MRK & MRKS (4") LF 1384.000 . ;;J? 3?7.Q 53 2003 EUM EXT P A V MRK & MRKS (8") LF 270.000 r$b J 6l';>~ 54 2007 EUM EXT P A V MRK & MRKS (24") LF 96.000 /,15 I/(J . <-(e 55 2008 EUM EXT P A V MRK &MRKS EA 4.000 .;<."'--co /CD.= (ARROW) . oJ ~ 56 2018 EUM EXT P A V MRK & MRKS EA 4.000 ;Zs-.ct> len . co (WORD) 57 2001 PA V SURF PREP FOR MRK (4") LF 3189.000 :/0 3/?; 90 58 2003 P A V SURF PREP FOR MRK (8") LF 1552.000 3/0.<-[0 ,;20 59 2004 P A V SURF PREP FOR MRK (12") LF 654.000 .* ;2ro(. b~ 60 2006 P A V SURF PREP FOR MRK (24") LF 702.000 .?O JGI.~O 61 2007 P A V SURF PREP FOR MRK (ARROW) EA 9.000 17.~ /S-J,= 62 2012 P A V SURF PREP FOR MRK (MED EA 2.000 (}.O. OJ '-/0.00 NOSE) 63 2018 PA V SURF PREP FOR MRK (WORD) EA 9.000 I 7 . CJ::; /53. o~ 07/2006 Bidder's Initial'S~ 00300 - 4 of 10 CITY OF PEARLAND BID PROPOSAL Item Spec. Estimated No. No. Bid Item Description Unit Quantity Unit Price Amount Bid 64 2003 rnSTALL HWY TRF SIG (SYSTEM) EA 1.000 S; C$:X) ~ 6J. Ob CeO. I 65 CONTROLLER, FULL-ACT EA 1. 000 (DIAMOND INTER. TYPE) 930.~ 950.~ W/CABINET* 66 CONTROLLER FOUNDTION,TRAFFIC EA 1.000 //166,~ i ISO . C'Jc SIGNAL ' I 67 DETECTOR CARD RACK** EA 1.000 /.OD /.DD 68 * ROD,5/8"X 10' COPPER GROUND EA 1.000 I;). ~ JJ.~ (CONTROLLER ONLY) 69 *DWY LIGHT ON TRAP SIGNAL POLE EA 4.000 1)5:~ II 70::.:'= (250 WATT H.P.S.) 70 *MAST ARM. 8' LUMINAIRE EA 4.000 ,-/:fO . C?D J1fCP ,00 71 *POWER SUPPLY ** EA 1.000 1.= 1_ CD 72 *CONTROL, PHOTOELECTRIC EA 1. 000 /.~ roc 73 *CAP AND BASE. ORNAMENTAL EA 4.000 75:~ 3cc. O>C 14 "KIRBY DR" OVERHEAD STREET EA 2.000 ;:26o.~ 6CP'oe NAME SIGN 75 "BELT\\' A Y 8" OVERHEAD STREET EA 4.000 3 (Y:.:>. ov f JJcc. Co NAME SIGN 76 "ONE WAY" (12"X 36") EA 4.000 ;2./0. O>e 8-10. t'JC 77 "LEFT TURN SIGNAL" (12"X 48") EA 2.000 :< I 0 . ,,;>co L(J0~ 78 "LEFT TURN SIGNAL" (24"X 30") EA 2.000 :?-30 . ~ 1~o ,""" 79 "PEDESTRIAN PUSH BUTTON" EA 16.000 IS; OP ;2 4o.~ (SYMBOL TYPE) (9"X 12") (RlO-3b) 80 "DOUBLE LEFT TURN ONLY" LANE EA 2.000 ;2.36. 0k0' 1~o.CYb USE CONTROL R3-8 MOD (30"X 30") 81 2001 BACK PLATE (12 IN) (3 SEC) EA 13 .000 6Z).~ , gJ.oo 82 2002 BACK PLATE (12 IN) (4 SEC) EA 4.000 o s: CYo ;;lbO. ~ 83 2014 FED SIG SEC (12 IN) LED (2 EA 16.000 L/60 ,(J) 7/~'ryO INDICATIONS) 84 2022 VEH SIG (12 IN) LED (GRN ARW) EA 4.000 ~ao ??o .O't> 85 2023 VEH SIG (12 IN) LED (GRN) EA 13.000 ;;250 .~ 3/ ;;250 . nc. 07/2006 Bidder's Initial'S~ 00300 - 5 of 10 CITY OF PEARLAND BID PROPOSAL Item Spec. Estimated No. No. Bid Item Description Unit Quantity Unit Price Amount Bid 86 2024 VEH SIG SEC (12 IN) LED (YEL ARW) EA 4.000 ;;2/ (J . e>& 8C(() , ('~ 87 2025 VEH SIG SEC (12 IN) LED (YEL) EA 13 .000 ;;2.3CJ. (UJ ,;( /19d . ~ 88 2027 VEH SIG SEC (12 IN) LED (RED) EA 21.000 ;<Jo.CJD i Lj/c ' ~ 89 2007 TRF SIG CBL (TY A) (12 A WG) (2 LF 2138.000 J.;)e ;;; /6(s:-6c CONDR) 90 2009 TRF SIG CBL (TY A) (12 A WG) (4 LF 2138.000 /L{5 3/ /re.1'O CONDR) 91 2012 TRF SIG CBL (TY A) (13 A WG) (7 LF 2820.000 I. ~ 5:67&..0() CONDR) , 92 2045 INS TRF SIG PL AM (S) 1 ARM (44") EA 2.000 S;97~~ 1I,950.C() LUM 93 2161 INS TRF SIG PL AM (S) 2 ARM (44-32') EA 1.000 9, /SG.Cft> 1,1S(,. ('.~ LUM 94 2181 INS TRF SIG PL AM (S) 2 ARM (50-32') EA 1.000 i/~,(n7. u; I~) fJJ9 o~ LUM 95 2001 PED POLE ASSEMBLY EA 6.000 I,OL/o.co ~/)t{O.~ 96 * SCREW-IN TYPE ANCHOR EA 6.000 I(Co ,. COO FOUNDATION 97 2001 PED DETECT (2 INCH PUSH BTN) EA 14.000 7S;~ II o5b . C'e 98 2001 VIVDS PROCESSOR SYSTEM EA 2.000 CJ600rlll. 13/~<JO. 00 99 2002 VIVDS CAMERA ASSEMBLY EA 6.000 (/~(jj.Cb 9, (;(J(j. oc 100 2003 VIVDS SET-UP SYSTEM EA 1.000 l c::))o .c>c !OOJ.Ob 101 2005 VIVDS COMMUNICA nON CABLE LF 2160.000 16!T~ 3/~'~ ~ (COAXIAL) ;7 102 * (3/C #16- VIVDS POWER CABLE) LF 2160.000 ''T 6. ~ 2./.l5.t:J''1' SUBTOTAL EXTRA ITEMS - ~ ( c:2g--2 "Jr-~.,., ~ - ~l TOTAL BID PRICE ~J#} /0' J(y::. .,(ZA~ C{}Oli .3 Cc,v D,\.. t:1 I J... J..~ I S'Cf) .0,00 J.IS }) t~C70 3 l... 07/2006 Bidder's Initial'~ 00300 - 6 of 10 CITY OF PEARLAND BID PROPOSAL Plan Set 2 (Cullen Blvd. @ Fite Road) see plan sheet #8 for extended quantities list Item Spec. I I Estimated I I No. No. Bid Item Description Unit Quantity Unit Price Amount Bid BASE BID ITEMS 1 01505 Mobilization (Limit of 3% of Total Bid) LS 1 [),5'ro, t';e. /:2,5"OJ.(\":;. 2 01555 Flagmen LS 1 ~Co.~ L.(Cb. C>o 3 01555 Traffic Control and Regulation During LS 1 Construction, Including Signs and 1/(X>O.c= ( (bO.('I'.> Barricades, in Accordance with MUTCD, Complete in Place 4 02200 Clearing and Grubbing SY ;1.!i' 13 I v) 5 01564 Control of Ground Water and Surface LF Water ;Vb 13. ~ 6 01560 Filter Fabric Fence LF No I),(j 7 01560 Reinforced Filter Fabric Barrier LF /I/O 0 ( !) 8 MOBILIZATION DfJ..~r€/J EA 1.000 O~Urb:;, /J y AOOENtl~I/t.1 9 2034 CONDT (PVC) (SCHD 80) (2") LF 50.000 ll. CYe.> If Cf:j . c.c. 10 2038 CONDT (PVC) (SCHD 80) (3") LF 50.000 /6.00 5'2>0 . ('-'0 11 2039 CONDT (PVC) (SCHD 80) (3") (BORE) LF 0.000 12 2040 CONDT (PVC) (SCHD 80) (4") LF 40.000 lio.c"V ~ 40. o~ 13 2052 CONDT (RM) (2") LF 290.000 10, ex:> .:2,9C0).c- 14 2065 CONDT (PVC) (SCHD 80) (3") (CONC LF 680.000 / () J~- ~ ; 90;;'. ac. ENCSE) 15 2009 ELEC CONDR (NO.6) BARE LF 1420.000 rDO 114~-"b 16 2004 GROUND BOX TY 2 (243636) EA 1.000 I} 350 . "'0 1/3.5()'ttSO W/APRON 17 * ROD, 5/8"X 8' COPPER GROUND EA 1.000 /.OD l~ 18 2100 ELC SRV TY D 120/240070 (NS) SS (E) EA 1. 000 ;2,~5b.('>l .;2 I '50 ~ cte SP (0) 19 2001 ALUMIMUM SIGNS (TY A) SF 20 "SIGNAL AHEAD" (48"X 48") EA 4.000 ~d-- c.t 00 ?'7fo. ~ 07/2006 Bidder's Initial's:,'-r 00300 - 7 of 10 CITY OF PEARLAND BID PROPOSAL Item Spec. Estimated No. No. Bid Item Description Unit Quantity Unit Price Amount Bid 21 "LEFT TURN SIGNAL" (24"X 30") EA 2.000 :?3c.ClD 1~o.CG 22 "PEDES TRAIN PUSH BUTTON" EA 8.000 /0>0 g-.~ (SYMBOL TYPE) (9"X 12") (RlO-36) 23 2006 INS SM RD SN SUP & AM TY lOBWG EA 2.000 3?6--:~o '7 7/ ~c (1) SA (U) (fyb 6' max width/16sf max area) 24 " NEXT SIGNAL" EA tfJo /;, ~ 25 2003 INSTALL HWY TRF SIG (SYSTEM) EA 1.000 L/. 6(:0. (X> 1, S-C$) ,oe J 26 *CONTROLLER, FULL-ACTUATED EA 1.000 950.oe 7:57J,~ W/CABINET 27 * ROD, 5/8"X 8' COPPER GROUND EA 1. 000 ;'00 /.00 28 *INCANDESCENT SIGN LEGHT EA 2.000 SF'- ("~ I(~.C=. 29 *MAST ARM, 10' LUMINAIRE EA 2.000 66'6-: <:JUt- // /30, ~ 30 *POWER SUPPL y** EA 1.000 l~ /00 31 *CONTROL, PHOTOELECTRIC EA 1.000 loo /.~ 32 *CAP AND BASE, ORNAMENTAL EA 4.000 ;2 s: ex:> / CO ,co 33 2001 BACK PLATE (12 IN) (3 SEC) EA 6.000 50 . CJO 3()C:;. c.~ 34 2002 BACK PLATE (12 IN) (4 SEC) EA 4.000 (;~ov ~,().oc 35 2014 PED SIG SEC (12 IN) LED (2 EA 8.000 1:5?J.('JO 3 ' '<:f:D. ,...,. INDICATIONS) I 36 2022 VEH SIG SEC (12 IN) LED (GRN ARW) EA 4.000 ;;230 . ~Ja 7.;e. ~ 37 2023 VEH SIG SEC (12 IN) LED (GRN) EA 10.000 ~:ro- 00 ;2,S-Cb'oc. 38 2024 VEH SIG SEC (12 IN) LED (YEL ARW) EA 2.000 c?IO.""'o 1 J-O. ~l~ 39 2025 VEH SIG SEC (12 IN) LED (YEL) EA 8.000 ;Jd.-o. ~<D II 76o.~ 40 2027 VEH srG SEC (12 IN) LED (RED) EA 12.000 ;lJO.CX!> ;(16)0. (b 41 2007 TRF srG CBL (TY A) (12 A WG) (2 LF 1200.000 /. ()~ ~ Lf'-{o .O~ CONDR) 42 2009 TRF SIG CBL (TY A) (12 A WG) (4 LF 1200.000 r 'f:5- 1/'740. ClO CONDR) 07/2006 Bidder's Initial' s:--r 00300 - 8 of 10 CITY OF PEARLAND BID PROPOSAL Item Spec. No. No. 43 2012 44 2025 45 2039 Bid Item Description TRF SGI CBL (TY A) (12 A WG) (7 CONDR) INS TRF SIG PL AM (S) 1 ARM (24') LUM INS TRF SIG PL AM (S) 1 ARM (40') 46 2001 PED POLE ASSEMBLY 47 * SCREW-IN TYPE ANCHOR FOUNDATION 48 2001 PED DETECT (2 INCH PUSH BTN) 49 2001 VNDS PROVESSOR SYSTEM 50 2002 VNDS CAMERA ASSEMBLY 51 2003 VNDS SET-UP SYSTEM 52 2004 VNDS CENTRAL CONTOL 53 2005 VNDS COMMUNICTION CABLE (COAXIAL) * (3/C #16- VNDS POWER CABLE) 07/2006 OPTIC DM DETECTORS & INTERFACE Unit LF EA EA EA EA EA Estimated Quantity 1450.000 2.000 2.000 2.000 2.000 8.000 EA 1.000 Unit Price Amount Bid l 90 ;2/7S~ 3j:5I5:C'O 7/0Jo.00 'i7/0'c~ 9/13;2. co :5dtD. ('YD /1 0 L/ o. ~ &;-0. C~ Jt 6 ~ 0. O-~ ?o.oo b cfo,o6 fa ,5Cb.co ~ /5(0. ('x> JI ./. ro 1(t:lJSJ.~ ~I 'ftr>. 9Cb,0<9 9OJ.~ 3;%~flO ~~.ce . 'i3 ?l],40 , J-' 3 'if I J l.{O :J I ~60_o ?ooo. cC SUBTOTAL EXTRA ITEMS EA 4.000 ......v-- -[) ( ,/b6;J:A1:Vc/ TOTAL BID PRICE EA 1.000 EA 1.000 LF 980.000 LF 980.000 EA 4.000 Bidder's Initial's:~ 00300 - 9 of 10 CITY OF PEARLAND BID PROPOSAL It is agreed that the Contract Price may be increased or decreased to cover work added, altered, or deleted by order of the Engineer, in accordance with the provisions of the General Conditions of Agreement. The undersigned agrees that the amounts bid in this Bid Proposal will not be withdrawn or modified for ninety (90) days following date of Bid Proposal opening, or such longer period as may be agreed to in writing by the City of Pearland and Bidder. It is understood that in the event the Successful Bidder fails to enter into the Standard Form of Agreement and/or to furnish a Performance Bond and Payment Bond, each in the amount of one hundred (100) percent of the Contract Price, within ten (10) days of the Notice of Award, the Successful Bidder will forfeit the Bid Security as provided in the Instructions to Bidders. Unless otherwise expressly provided herein, all references to "day(s)" shall mean calendar day(s). The following Addenda have been received. The modifications to the Bidding Documents noted therein have been considered and all costs thereto are included in the Bid Proposal prices. Addendum No.: ~ Date: ~/.).I /CIo Addendum No.: Date: Addendum No.: Date: Addendum No.: Addendum No.: Addendum No.: Date: Date: Date: Bidder hereby represents that the only person or parties interested in this offer as principals are those named above. Bidder has not directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding. Firm Name: ~./:-- >C By: 0tN .I- Title: Address: f5t./l-O HA-AJ5EJJ (M. , t~'1l?~ -;7 7)6)) . Phone No: 713 -!- '-I ~ ~ SS-z.. 2.. ATTEST: ::fo'lt~ 4. ~-zrjU,f (T~P. ed Printed Name) . r ~77 LNv1fiV<--' Sign re / .....-tJ ' Date: tJj/ /22- /ZPtJb (Seal, if Bidder is a Corporation) END OF SECTION 07/2006 Bidder's Initi~ 00300 - 10 of! 0 CITY OF PEARLAND STANDARD FORM OF AGREEMENT Section 00500 STANDARD FORM OF AGREEMENT THIS AGREEMENT is by and between City of Pearland (hereinafter called OWNER or City) and TflAr~rE'(( L-/l.h..- (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all work as specified or indicated in or reasonably inferable from the Contract Documents (hereinafter the "Work"). The Work is generally described as follows: Article 2. Kirby & Cullen Traffic Signals Kirby @ Beltway 8 & Cullen @ Fite Road City of Pearland, Texas COP PN: PM6804ff70012 BID NO.: 2006-066 ENGINEER The Work has been designed by Traff-Data & Associates, 9720 Beechnut, Suite 390, Houston, Texas, 77036, who is hereinafter called ENGINEER and who is to assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. 3.1 3.2 07/2006 CONTRACT TIME The Work will be Substantially Complete (as defined in Article 1 of the General Conditions) within ninety (90) days (including weekends and holidays) from the date when the Contract Time commences to run as provided in paragraph 5.01 of the General Conditions (as revised in the Special Conditions if applicable), and completed and ready for Final Payment within one hundred and twenty (120) days from the date when the Contract Time commences to run. No work will be allowed on Sundays. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 5 of the General Conditions. OWNER and CONTRACTOR also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER five hundred 00500 - 1 of7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT dollars ($500.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time set out in the Certificate of Substantial Completion or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER five hundred dollars ($500.00) for each day that expires after the time specified in the Certificate of Substantial Completion for completion and readiness for Final Payment. 3.3 Inspection Time. Working hours for the Pearland Inspection personnel are from 7:30 a.m. to 4:30 p.m., Monday through Friday, excluding City approved holidays. The Contractor shall notify the OWNER of any required inspection overtime work at least 48 hours in advance and shall pay the overtime wages for the required City inspections. Article 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the Work in strict accordance with the Contract Documents in current funds $392,610.77 (the "Contract Price"). (for construction of traffic signals at Kirby and Beltway 8, and Cullen and Fite Road) The Contract Price includes the Base Bid and Alternate(s) _,_,_, &_, as accepted by OWNER and Traff-Data & Associates, as shown in Document 00300- Bid Proposal. Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Section 6.0 "Measurement and Payment" of the General Conditions. Application for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER as provided below. All progress payments will be on the basis of the progress of the Work and actual quantity of Work completed, in accordance with Article 6 "Measurement and Payment" of the General Conditions. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage or actual quantity of Work complete, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER ~ay withhold, in accordance with the General Conditions. The OWNER shall make payment within 30 days of receipt of application for payment by the ENGINEER. 07/2006 5.1.2 Each progress payment shall be less retainage as specified in Paragraph 6.06 of the General Conditions, and further less all previous payments and all further sums that may be retained by the OWNER under the terms of this Agreement. It is understood, however, that in case the whole work be near 00500 - 2 of7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT Article 6. to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the CONTRACTOR, the OWNER may upon written recommendation of the ENGINEER pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR at the OWNER's option, may be relieved ofthe obligation to fully complete the Work and, thereupon, the CONTRACTOR shall receive payment of the balance due him under the contract subject only to the conditions stated under "Final Payment." 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 6.08 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 6.08. INTEREST Interest on any overdue payment from OWNER to CONTRACTOR shall be paid in accordance with the provisions of Chapter 2251 of the Texas Government Code, as amended. Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1 7.2 7.3 07/2006 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. CONTRACTOR has studied carefully all available surveys, assessments, reports of explorations, investigations, and tests of subsurface conditions and drawings of physical conditions of the site. Such technical reports and drawings are not Contract Documents, and Owner makes no representations or warranties as to the accuracy of such documents or information, or to whether or not they are complete, comprehensive, or all-inclusive. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraphs 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work, and CONTRACTOR assumes the risk of such subsurface and physical conditions, and shall furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, explorations, tests, reports, and studies or similar information or data are or will be required by CONTRACTOR for such purposes. 00500 - 3 of7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT Article 8. 07/2006 7.4 7.5 7.6 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and finish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies in the Contract Documents of which Contractor knew or should have known, and CONTRACTOR shall perform the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including any written resolution of any such conflict, error or discrepancy by ENGINEER. CONTRACT DOCUMENTS The Contract Documents, which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work, consist of the following, each of which are incorporated herein by reference: 8.1 8.2 8.3 8.4 8.5 8.6 8.7 Standard Form of Agreement (Section 00500). Performance, Payment, and/or Maintenance Bonds (Sections 00610, 00611, and 00612). General Conditions of Agreement (Section 00700), including Attachment No. 1 Workers' Compensation Insurance Coverage, Attachment No.2 Agreement for Final Payment and Contractor's Sworn Release, and Attachment No.3 Owner's Insurance Requirements of Contractor. Special Conditions of Agreement (Section 00800). Plans, consisting of sheets numbered 1 through 72 (Kirby at Beltway 8), and 1 through 15 (Cullen at Fite Road), inclusive with attachments with each sheet bearing the following general title: Kirby & Cullen Traffic Signals, Kirby @ Beltway 8 & Cullen @ Fite Road Instructions to Bidders and CONTRACTOR's Bid Proposal, including any Addenda referenced therein. Technical Specifications for the Work. 00500 - 4 of7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT 8.8 The following, which may be delivered or issued after this Agreement becomes effective: Any Change Orders or other documents amending, modifying, or supplementing the Contract Documents in accordance with the General Conditions. There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in the General Conditions. Article 9. MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Section 1, "Definitions and Interpretations" of the General Conditions will have the meanings indicated in the General Conditions. 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 representative to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 9.4 CONTRACTOR agrees to warranty the Work for a period of one (1) year from Substantial Completion against defects in materials and workmanship. CONTRACTOR agrees to repair or replace any defective work within this warranty period in an expeditious manner at no additional cost to OWNER. 9.5 The Work will be completed according to the Contract Documents and in accordance with codes, ordinances, and construction standards of the City of P earl and, and all applicable laws, codes and regulations of governmental authorities. 9.6 In the event any notice period required under the Contract Documents is found to be shorter than any minimum period prescribed by applicable law, the notice period required shall be construed to be the minimum period prescribed by applicable law. 9.7 This Contract and the Contract Documents, insofar as they relate in any part or in any way to the Work undertaken therein, constitute the entire agreement between the parties hereto, and it is expressly understood and agreed that there are no agreements or promises by and between said parties, except as aforesaid, and that any additions thereto or changes shall be in writing. 07/2006 00500 - 5 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT 9.8 The provisions of this Contract shall be applied and interpreted in \ a manner consistent with each other so as to carry out the purposes and the intent of the parties, but if for any reason any provision is unenforceable or invalid, such provisions shall be deemed severed from this Contract and the remaining provisions shall be carried out with the same force and effect as if the severed provision had not been part of this Contract. 9.9 The headings of the paragraphs are included solely for the convenience of reference and if there is any conflict between the headings and the text of this Contract, the Contract text shall control. 9.10 The waiver of any breach hereof shall not constitute a waiver of any subsequent breach of the same or any other provision hereof. Failure by the OWNER in any instance to insist upon observance or performance by CONTRACTOR shall not be deemed a waiver by CONTRACTOR of any such observance or performance. No waiver will be binding upon OWNER unless in writing and then will be for the particular instance only. Payment of any sum by OWNER to CONTRACTOR with knowledge of any breach or default will not be deemed a waiver of such breach or default or any other breach or default. 07/2006 00500 - 6 of7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement In duplicate. One counterpart each has been delivered to OWNER and one to CONTRACTOR. This Agreement will be effective upon execution and attestation by authorized representatives of the City of P earl and and upon the following date: :;, p-lf m her' 5 ,2006. CONTRACTO,B.;,-:-7' /~ I?A . I~~ I,tr./c. OWNER: CITYOF~ By, ~ , ~~~ mClr\dff( q/ u I D ~ ~ B: Title: Title: Date: Date: (Corporate Seal) ATIEST ~l~ Iz{ Ok,^-' Address gIVIng ~s \ q L\ be('~v Dr. 1/~ lCur\d I T't 7/t:;;'i5 \ Address for giving notices .#'/rZo jI-~ J"EP }21.1 110 P J TOfU) IlL 77~7J Phone: ? gl- ~5 d -16,00 Fax: ,;h?l - (, 5~ - no c.. Phone: /13/ tLjl~JT2? Fax: 7/3 . ~V3,rr-17 \\\\\""""111. ,\\ ~'1,," ~, ~ ~ "-:{, _ee:s ".- ~ U'~.. , ~~ !~I ~~ .;-. - =V~e : :: a J = \. / ! ~ ---- ~ "1. ~~ '1,1. \,,, ",""""\\~ Agent for service of process: ~ -0 A" .e I~ J / 'l.c:-tz~ END OF SECTION 07/2006 00500 - 7 of7 AeO~M CERTIFICATE OF LIABILITY INSURANCE 1 DATE (MM/DDIYYYY) 05/17/2006 PRODUCER (409)934-8000 FAX (409)935-1883 THIS CERTIFICATE 15 ISSUED AS A MA ITER OF INFORMATION Rust, Ewing, Watt & Haney, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 7900 Emmett F Lowry Expressway ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Texas City, TX 77591-2457 INSURERS AFFORDING COVERAGE NAIC# INSURED Traf- Tex, Inc. INSURER A: Clarendon America Inc Co/Deep So 4309~ 8420 Hansen Road INSURER B: James River Ins Co/CRC HO, TX 1220 Houston, TX 77075 INSURER c: Texas Mutual Ins CO INSURER D: CMI Lloyds 4238 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I~-?,~ ~~~~ TYPE OF INSURANCE POLICY NUMBER PgH~Y EFFECTIVE Pg~!f! EXPIRATION LIMITS GENERAL LIABILITY DCTOOOOO7739 OS/20/2006 OS/20/2007 EACH OCCURRENCE $ 1,000,000 T COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 100,000 - ~ CLAIMS MADE [K] OCCUR MED EXP (Anyone person) $ 5,000 I-- A PERSONAL & ADV INJURY $ 1,000,000 - GENERAL AGGREGATE $ 2,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 1,000,000 I POLICY [Xl jfc?-i n LOC AUTOMOBILE LIABILITY 00000007736 OS/20/2006 OS/20/2007 COMBINED SINGLE LIMIT - (Ea accident) $ ANY AUTO 1,000,000 - ALL OWNED AUTOS BODILY INJURY X (Per person) $ SCHEDULED AUTOS A X HIRED AUTOS BODILY INJURY X (Per accident) $ NON-OWNED AUTOS - - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ~ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY 00016409 OS/20/2006 OS/20/2007 EACH OCCURRENCE $ 4,000,000 ~ OCCUR D CLAIMS MADE AGGREGATE $ 4,000,000 B $ ~ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND TSF-708124 OS/20/2006 OS/20/2007 X I T"X~~T~1~~ I IOJbl- EMPLOYERS' LIABILITY 1,000,000 C ANY PROPRIETOR/PARTNER/EXECUTIVE E.l. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1,000,000 11 yes, describe under 1,000,000 SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER CLP 8108398 OS/20/2006 OS/20/2006 Limit Any One Item 50,000 Leased/Rented 0 ~quipment DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS jlanket Additional Insured and Waiver of Subrogation applies to Auto, General Liability and Umbrella ind Blanket Waiver of Subrogation applies to Work Comp all as required by written contract between the "nsured and the certificate holder. ERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ----.!L DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY ""'SAMPLE"'<' ISSUED UPON REQUEST OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ~ #.efA' Al Shotwell CIC/LISAM ACORD 25 (2001/08) @ACORD CORPORATION 1988 CITY OF PEARLAND PERFORMANCE BOND Section 00610 Bond No. 929382345 PERFOAAIANCE BOND STATE OF TEXAS S COUNTY OF BRAZORIA S KNOW ALL MEN BY THESE PRESENTS: That Traf-Tex, Inc. of the City of Houston , County of Harris , and State of Texas, as principal, and Continental Casualty Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee (Owner), in the penal sum of $ 392,610.77 (*) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of the _ day of , 2006, (the "Contract") to commence and complete the construction of certain improvements described as follows: Kirby & Cullen Traffic Signals Kirby @ Beltway 8 & Cullen @ Fite Road City of Pearland, Texas COP PN: PM6804/T70012 BID NO.: 2006-066 which Contract, including the Contract Documents as defined therein, is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract Work and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions, and agreements in and by said Contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and Contract Documents, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOVlEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the Work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. *Three Hundred Ninety Two Thousand Six Hundred Ten and 77/100 Dollars 07/2006 00610 - 1 of 2 CITY OF PEARLAND PERFORMANCE BOND IN WITNESS \VHEREOF, the said Principal and Surety have signed and sealed this instrument this _ day of , 2006. Principal: By: Address: 8420 Hansen Houston, Texas 77075 Telephone: (713) 643-5522 Fax: (713) 643-5599 Surety: Address: 5151 San Felipe, Suite 1800 Houston, Texas 77056 Telephone: (713) 513-6300 Fax: (713) 513-6297 NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL-FREE TELEPHONE NUMBER; 1-800-252-3439. END OF SECTION The name and address of the Resident Agent of Surety is: Philip Baker c/o Summit Global Partners of Texas, Inc. dba USI Southwest 840 Gessner, Suite 600 Houston, Texas 77024 07/2006 00610 - 2 of2 CITY OF PEARLAND PAYMENT BOND Section 00611 Bond No. 929382345 PERFORMANCE BOND STATE OF TEXAS ~ COUNTY OF BRAZORIA S KNOW ALL MEN BY THESE PRESENTS: That Traf-Tex, Inc. of the City of Houston , County of Harris , and State of Texas, as principal, and Continental Casualty Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firnlly bound unto City of Pearland a" Obligee (Owner), in the penal sum of$ 392.610.77 (*) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a celiain written contract with the Owner, effective as of the _ day of , 2006, (the "Contract") to commence and complete the construction of certain improvements described as follows: Kirby & Cullen Traffic Signals Kirby @ Beltway 8 & Cullen @ Fite Road City of Pearland, Texas COP PN: PM6804/T70012 BID NO.: 2006-066 which Contract, including the Contract Documents as defined therein, is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor or material to him or a subcontractor in the prosecution of the Work provided for in said Contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the Work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the tenus of the Contract, or to the Work to be performed thereunder. *Three Hundred Ninety Two Thousand Six Hundred Ten and 77/100 Dollars 07/2006 00611 - 1 of 2 CITY OF PEARLAND PAYMENT BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this _ day of , 2006. Principal: Surety: By: c Title: Address: Address: Houston. Texas 77075 5151 San Felipe, Suite 1800 Houston, Texas 77056 8420 Hansen Telephone: (713) 643-5522 Fax: (713) 643-5599 Telephone: (713) 513-6300 Fax: (713) 513-6297 NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT :MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL-FREE TELEPHONE NUMBER; 1-800-252-3439. END OF SECTION The name and address of the Resident Agent of Surety is: Philip Baker c/o Summit Global Partners of Texas, Inc. dba USI Southwest 840 Gessner, Suite 600 Houston, Texas 77024 07/2006 00611-20f2 eII)' OF PEARLAND ONE-YEAR MAINTENANCE BOND Section 00612 Bond No. 929382345 ONE-YEAR MAINTENANCE BOND STATE OF TEXAS S COUNTY OF BRAZORIA 9 KNOW ALL MEN BY THESE PRESENTS: That Traf-Tex, Inc. of the City of Houston , County of Harris , and State of Texas, as principal, and Continental Casualty Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee (Owner), in the penal sum of$ 392,610.77 (*) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly <md severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of the day of , 2006, (the "Contract") to commence and complete the construction of certain improvements described as follows: Kirby & Cullen Traffic Signals Kirby @ Beltway 8 & Cullen @ Fite Road City of Pearl and, Texas COP PN: PM6804/T70012 BID NO.: 2006-066 which Contract is hereby refened to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully correct all such work not in accordance with the Contract Documents discovered within the one-year period from the date of substantial completion, then tbis obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on tbis bond shall be detennilled in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the tenns of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on tbis bond, and it does hereby waive notice of any such change, extension oHime, alteration or addition to the terms of the contract, or to the work to be performed thereunder. *Three Hundred Ninety Two Thousand Six Hundred Ten and 77/100 Dollars 07/2006 00612 - 1 of2 CITI'OF PEARL4ND ONE-YEAR MAINTENANCE BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this _ day of , 2006. Principal: Traf-Te~ i5 BYe - -,p ~ .yV Title: 'PRC-Jt /) ~ 'I Surety: Address: Address: 8420 Hansen 5151 San Felipe, Suite 1800 Houston, Texas 77056 Houston, Texas 77075 Telephone: (713) 643-5522 Fax: (713) 643-5599 Telephone: (713) 513-6300 Fax: (713) 513-6297 NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLL~G ITS TOLL-FREE TELEPHONE NUMBER; 1-800-252-3439. END OF SECTION The name and address of the Resident Agent of Surety is: Philip Baker c/o Summit Global Partners of Texas, Inc. dba USI Southwest 840 Gessner, Suite 600 Houston, Texas 77024 07/2006 00612 - 2 of2 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation (herein called "the CNA Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make, constitute and appoint Edward Arens, Philip Baker, Steven E White, Don Weidenfeller, Ray Garcia Jr., Individually of Houston, TX, their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 4th day of December, 2003. Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania State of Illinois, County of Cook, ss: On this 4th day of December, 2003, before me personally came Michael Gengler to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Senior Vice President of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. OFFICIAL SEAL ELIZA PRICE NOTARY PUBLIC, STATE OF ILUNOIS MY COMMISSION EXPIRES: 09/17106 My Commission Expires September 17, 2006 GJ/fNJ Notary Public CERTIFICATE I, Mary A. Ribikawskis, Assistant Secretary of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this day of Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania a~ Assistant Secretary Form F6853-11/2001 State of Texas Claim Notice Endorsement To be attached to and form a part of Bond No. 929382345 In accordance with Section 2253.021 (f) of the Texas Government Code and Section 53.202(6) of the Texas Property Code any notice of claim to the named surety under this bond(s) should be sent to: CNA Surety 333 South Wabash Chicago, IL 60604 Telephone: (312) 822-5000 Form F6944 CITY OF PEARLAND ONE-YEAR SURFACE CORRECTION BOND Section 00613 Bond No. 929382346 ONE-YEAR SURFACE CORRECTION BOND STATE OF TEXAS S COUNTI OF BRAZORIA S KNOW ALL MEN BY THESE PRESENTS: That Traf-Tex, Inc. of the City of Houston , County of Harris , and State of Texas, as principal, and Continental Casualty Company authorized under the laws of the State of Texas to act as surety on bonds tor principals, are held and finnly bound unto City of Pearl and as Obligee (Owner), in the penal sum of$ 15,704.43 (*) , the total being equal to four percent (4%) of the total Contract Amount, for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assib'11S, jointly and sevcmlly, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of , 2006, to commence and complete the construction of celtain improvements described as follows: Kirby & Cullen Traffic Signals Kirby @ Beltway 8 & Cullen @ Fite Road City of Pearland, Texas COP PN: PM6804/T70012 BID NO.: 2006-066 which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall repair, replace, restore, and correct surface work associated with construction operations located within the City of Pearland rights-of-way determined not in accordance with the Contract Documents or City of Pearland Standard requirements discovered within one year from the date of substantial completion, then this obligation shall become null and void, and shall be of no further force and effect; otherwise, the same is to remain in full force and effect. Notices required or pennitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United States Postal Service post office or receptacle, with proper postage affixed (certified mail, return receipt requested), addressed to the respective other party at the address prescribed in the Contract Documents, or at such other address as the receiving party may hereafter prescribe by written notice to the sending patty. *Fifteen Thousand Seven Hundred Four and 43/100 Dollars 07/2006 00613 - 10f2 CITY OF PEARLAND ONE- YEAR SURFACE CORRECTION BOND IN WITNESS WHEREOF, the said Principal and Surety have si!,med and sealed this instrument this _ day of , 2006. Principal: Smety: By: By Traf-Tex, Inc. Title: Address: Address: 5151 San Felipe, Suite 1800 8420 Hansen Telephone: (713) 643-5522 Fax: (713) 643-5599 Houston, Texas 77056 Telephone: (713) 513-6300 Fax: (713) 513-6297 Houston, Texas 77075 NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAYBE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL-FREE TELEPHONE NUMBER; 1-800-252-3439. END OF SECTION The name and address of the Resident Agent of Surety is: Philip Baker c/o Summit Global Partners of Texas, Inc. dba USI Southwest 840 Gessner, Suite 600 Houston, Texas 77024 07/2006 00613 - 2 of2 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation (herein called "the CNA Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago, and State of Illinois, and that they do by virtue ofthe signatures and seals herein affixed hereby make, constitute and appoint Edward Arens, Philip Baker, Steven E White, Don Weidenfeller, Ray Garcia Jr., Individually of Houston, TX, their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature - In Unlimited Amounts - and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority ofthe By-Law and Resolutions, printed on the reverse hereof, duly adopted, as indicated, by the Boards of Directors of the corporations. In Witness Whereof, the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 4th day of December, 2003. Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania State of Illinois, County of Cook, ss: On this 4th day of December, 2003, before me personally came Michael Gengler to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Chicago, State of Illinois; that he is a Senior Vice President of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation described in and which executed the above instrument; that he knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations. OFFICIAL SEAL ELIZA PRICE NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES: 09H7108 My Commission Expires September 17, 2006 (i)/fNJ Notary Public CERTIFICATE I, Mary A. Ribikawskis, Assistant Secretary of Continental Casualty Company, an Illinois corporation, National Fire Insurance Company of Hartford, a Connecticut corporation, and American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that the By-Law and Resolution ofthe Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this day of Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading, Pennsylvania a~ Assistant Secretary Form F6853-ll/2001 State of Texas Claim Notice Endorsement To be attached to and form a part of Bond No. 929382346 In accordance with Section 2253.021 (f) of the Texas Government Code and Section 53.202(6) of the Texas Property Code any notice of claim to the named surety under this bond(s) should be sent to: CNA Surety 333 South Wabash Chicago, IL 60604 Telephone: (312) 822-5000 Form F6944 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Section 00700 GENERAL CONDITIONS OF AGREEMENT 3.01 Owner-Engineer Relationship Pa2e No. 1 1 1 2 2 2 2 2 2 3 3 3 3 3 4 4 4 4 5 5 5 00700 - i TABLE OF CONTENTS 1.0 DEFINITIONS AND INTERPRET A TIONS 1.01 Owner, Contractor and Engineer 1.02 Contract Documents 1.03 Subcontractor 1.04 Written Notice 1.05 Work 1.06 Extra Work 1.07 Working Day 1.08 Calendar Day 1.09 Substantially Completed 1.10 Interpretation of Words and Phrases 1.11 Referenced Standards 2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER 2.01 Adequacy of Design 2.02 Right of Entry 2.03 Ownership of Drawings 2.04 Changes and Alterations 2.05 Damages 3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 3.02 Keeping of Plans and Specifications Accessible 07/2006 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 3.03 Preliminary Approval 5 3.04 Inspection by Engineer 6 3.05 Determination of Questions and Disputes 6 3.06 Recommendation of Payment 6 4.0 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 7 4.01 Independent Contractor 7 4.02 Contractor's Understanding 7 4.03 Laws and Ordinances 7 4.04 Assignment and Subletting 8 4.05 Performance and Payment Bonds 8 4.06 Insurance 8 4.07 Permits and Fees 8 4.08 Texas State Sales Tax 9 4.09 Contractor's Duty and Superintendence 9 4.10 Character of Workers 9 4.11 Labor, Equipment, Materials, Construction Plant and Buildings 9 4.12 Sanitation 10 4.13 Cleaning and Maintenance 10 4.14 Performance of Work 10 4,15 Right of Owner to Modify Methods and Equipment 10 4.16 Layout of Wark 10 4.17 Shop Drawings 10 4.18 Engineer-Contractor Relationship; Observations 11 4.19 Observation and Testing 11 4.20 Defects and Their Remedies 12 07/2006 00700 - ii CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.21 Liability for Proper Performance 12 4.22 Protection Against Accident To Employees and the Public 13 4.23 Protection of Adjoining Property 14 4.24 Protection against Claims of Subcontractors, Laborers, Materialmen, and Furnishers of Machinery and Supplies 14 4.25 Protection Against Royalties or Patented Invention 15 4.26 Indemnification 15 4.27 Losses From Natural Causes 16 4.28 Guarantee 16 5.0 PROSECUTION AND PROGRESS 17 5.01 Time and Order of Completion 17 5.02 Extension of Time 17 5.03 Hindrances and Delays 18 5.04 Suspension of Work 18 5.05 Liquidated Damages for Delay 18 6.0 MEASUREMENT AND PAYMENT 19 6.01 Discrepancies and Omissions 6.02 Quantities and Measurements 6.03 Estimated Quantities 6.04 Price of Work 6.05 Payments 6.06 Partial Payments 6.07 Use of Completed Portions & Punchlist 6.08 Final Payment 6.09 Correction of Work Before Final Payment 19 19 19 19 20 20 21 22 23 07/2006 00700 - iii CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6.10 Correction of Work After Final Payment 23 6.11 Payments Withheld 23 6.12 Delayed Payments 24 7.0 EXTRA WORK AND CLAIMS 24 7.01 Change Orders 24 7.02 Minor Changes 25 7.03 Extra Work 25 7.04 Time of Filing Claims 26 8.0 DEFAULT 27 8.01 Default by Contractor 27 8.02 Supplementation of Contractor Forces 29 8.03 Cumulative Remedies & Specific Performance 29 8.04 Cross-Default 29 8.05 Insolvency 29 8.06 Contingent Assignment 30 8.07 Waiver of Consequential Damages 30 8.08 Termination for Convenience 30 8.09 Default by Owner 31 9.0 DISPUTE RESOLUTION 31 ATTACHMENT NO.1: WORKERS' COMPENSA nON INSURANCE COVERAGE Al ATTACHMENT NO.2: AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S SWORN RELEASE Bl ATTACHMENT NO.3: OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR Cl 07/2006 00700 - iv CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Section 00700 GENERAL CONDITIONS OF AGREEMENT 1.0 DEFINITIONS AND INTERPRETATIONS 1.01 OWNER, CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOR and the ENGINEER are those persons or organizations identified as such in the Agreement. The term ENGINEER as used in these General Conditions shall refer to the Engineer or Architect identified in the Agreement, as applicable, and means a person authorized to act as a representative of the entity designated by the OWNER to provide professional services required in connection with the preparation and performance of this Contract. 1.02 CONTRACT DOCUMENTS. The Contract Documents shall consist of all of the documents identified in Article 8 of the Standard Form of Agreement, which documents, excluding the Plans and such documents as may be delivered or issued after the Effective Date of the Agreement, as referenced in Article 8, shall be bound together in a Project Manual for the Work. All references to the "Contract" or the "Agreement" in these General Conditions of Agreement shall include the Contract Documents. The Contract Documents are complementary, and what is required by one shall be binding as if required by all. In the event of any conflict among the Contract Documents, the Contract Documents shall govern in the following order: (1) Modifications in writing and signed by both parties, including any Change Orders; (2) Standard Form of Agreement; (3) Special Conditions of Agreement; (4) General Conditions of Agreement, including Attachment No. 1 - Workers' Compensation Insurance Coverage, Attachment No. 2 - Agreement for Final Payment and CONTRACTOR'S Sworn Release, and Attachment No.3 - Owner's Insurance Requirements of Contractor; (5) Addenda, if any; (6) Plans and Specifications referenced or included in the Project Manual; (7) Instructions to Bidders; (8) Bid Proposal; and (9) Exhibits: The following Exhibits, attached hereto, are incorporated herein, and are a part of this Contract: In the event a conflict or inconsistency remains between or within the Plans and Specifications or other Contract Documents, or the Contract Documents and applicable standards, codes and ordinances, CONTRACTOR shall provide the greater quantity or better quality, or 07/2006 00700 - 1 of 31 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT CONTRACTOR shall comply with the more stringent requirements, as determined by ENGINEER Terms or phrases used in the Contract Documents with a well-known technical or construction industry meaning shall have such recognized meanings. References to standards, specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, shall mean the latest in effect on the effective date of the Contract, unless otherwise stated in the Contract Documents. 1 .03 SUBCONTRACTOR. The term "subcontractor", as employed herein, includes those having a contract with the CONTRACTOR or a subcontractor for performance of work on the Project contemplated by these Contract Documents. OWNER shall have no responsibility to any subcontractor for performance of work on the Project contemplated by these Contract Documents, and any such subcontractor shall look exclusively to CONTRACTOR for any payments due subcontractor. 1.04 WRITTEN NOTICE. Written Notice shall be deemed to have been duly served if delivered in person to the individual or to a partner of the partnership or joint venture, or to an officer of the corporation or company for whom it is intended, or if delivered at or sent by Certified Mail, Return Receipt Requested, to the last known business address or registered office of such individual, partnership, joint venture or corporation or company, or to the address for giving notices listed in the Standard Form of Agreement. 1.05 WORK. Unless otherwise stipulated, the CONTRACTOR shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, services, insurance, and all water, light, power, fuel, transportation and all other facilities or services of any nature whatsoever necessary for the execution and completion of the Work described in the Standard Form of Agreement. Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of good quality. The CONTRACTOR shall, if required by the ENGINEER as representative of the OWNER, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well-known, technical or trade meaning shall be held to refer to such recognized standards. All work shall be done and all materials shall be furnished in strict conformity with the Contract Documents. 1.06 EXTRA WORK. The term "Extra Work", as used in this Contract, shall be understood to mean and include all work that may be required by the ENGINEER as representative of the OWNER, to be done by the CONTRACTOR to accomplish any change, alteration or addition to the work shown upon the plans or reasonably inferable from the plans and/or specifications, and which shall, prior to the commencement of such work, be authorized in writing by the ENGINEER. 1.07 WORKING DAY. A "Working Day" is defined as any day not including Saturdays, Sundays or any legal holidays, in which weather or other conditions not under the control of the CONTRACTOR, will permit construction of the principal units of the Work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. 1.08 CALENDAR DAY. A "calendar day" is any day of the week or month, no days being excepted. Unless otherwise expressly provided, all references to "day(s)" shall mean calendar day(s). 07/2006 00700 - 2 of 31 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 1 .09 SUBSTANTIALLY COMPLETED. The terms "Substantially Completed", or "Substantially Complete" or "Substantial Completion" as used in this Contract, mean that the structure, facility, improvement or project contemplated by the Contract Documents has been made suitable for use and occupancy, including issuance of any necessary certificate of occupancy or similar document, or with regard to such projects as would not be occupied (i.e. roads, etc.) is in a condition to serve its intended purpose, requiring only minor miscellaneous work and adjustment to achieve Final Completion, as determined by the ENGINEER. 1.10 INTERPRETATION OF WORDS AND PHRASES. Whenever the words "directed", "permitted", "designated", "required", "ordered", "considered necessary", "prescribed" or words of like import are used, it shall be understood that the direction, requirement, permission, order, opinion designation or prescription of the ENGINEER as the OWNER's representative is intended. Similarly, the words "approved", "acceptable", "satisfactory" or words of like import shall mean that no exception is taken by ENGINEER, but does not relieve CONTRACTOR of responsibility for compliance with the Contract Documents. Whenever in the Specifications or Drawings of the Contract Documents, the terms of description of various qualities relative to finish, workmanship or other qualities of similar kind which cannot, from their nature, be specifically and clearly described and specified, but are necessarily described in general terms, the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the fulfillment of said Specifications shall be decided by the ENGINEER as the OWNER's representative, and said work shall be done in accordance with his interpretations of the meaning of the words, terms or clauses defining the character of the work. 1.11 REFERENCED STANDARDS. No provision of any referenced standard specification, or manual shall be effective to change the duties and responsibilities of the Owner, Engineer, Contractor, or their consultants, employees, or representatives from those set forth in the Contract Documents, nor shall it be effective to assign to the Engineer or its consultants, employees, or representatives any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibilities contrary to provisions of the Contract Documents. 2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER 2.01 NO WARRANTY OF DESIGN. It is understood that the OWNER MAKES NO WARRANTY OF THE ADEQUACY, ACCURACY OR SUFFICIENCY OF THE PLANS AND SPECIFICATIONS OR ANY OTHER DESIGN DOCUMENTS, AND OWNER HEREBY EXPRESSLY DISCLAIMS ANY SUCH WARRANTY, EXPRESS OR IMPLIED. Prior to commencing each portion of the Work, CONTRACTOR shall carefully study and compare the relevant Contract Documents, shall observe conditions at the site affecting the Work, and shall take field measurements of existing conditions related to the Work. Any errors, omissions or inconsistencies in the Contract Documents noted by the CONTRACTOR, and/or any variance between the Contract Documents and applicable codes, standards or ordinances, shall be promptly reported by CONTRACTOR to ENGINEER in writing as a Request for Information. CONTRACTOR shall not proceed with the affected portion of the Work until it receives ENGINEER's written response to such Request for Information, and then only in accordance with ENGINEER's response. If CONTRACTOR fails to perform its obligations under this paragraph, CONTRACTOR shall pay such costs and damages to OWNER as would have been avoided if 07/2006 00700 - 3 of 31 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT CONTRACTOR had reported any errors, omissions, inconsistencies or variances in the Contract Documents noted by CONTRACTOR or which should have been noted by a careful study of the Contract Documents. CONTRACTOR shall comply with the Contract Documents, all approved modifications thereof and additions and alterations thereto approved in writing by the OWNER. The burden of proof of such compliance shall be upon the CONTRACTOR to show that he has complied with the requirements of the Contract Documents and approved modifications thereof and all approved additions and alterations, thereto, as the same shall have been interpreted by the ENGINEER. 2.02 RIGHT OF ENTRY. The OWNER reserves the right to enter the property or location on which the work herein contracted for is to be performed, constructed or installed, for itself or such agent or agents as it may select, for the purpose of inspecting the work, or for the purpose of performing, constructing or installing such collateral work as the OWNER may desire. The OWNER shall have the right to make inspections at all reasonable times, and the CONTRACTOR hereby waives any claims for extension of time and/or compensation for any loss or damage if his work shall be delayed by reason of such inspection, performance, construction or installation of collateral work. 2.03 OWNERSHIP OF DRAWINGS. All drawings, specifications and copies thereof furnished by the OWNER shall not be reused on other work and, with the exception of the sets forming the part of the signed Contract Documents, are to be returned to the OWNER on request at the completion of the Work. All drawings and models are the property of the OWNER. 2.04 CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that the Owner may make such changes mid alterations, additions and deletions as the OWNER may see fit, in the Work, including but not limited to changes in line, grade, form, dimensions, plans or specifications for the Work herein contemplated, or any part thereof, either before or after the beginning of construction, without affecting the validity of this Contract and the corresponding Performance mid Payment Bonds. If such changes or alterations or deletions diminish the quantity or the value of the Work to be done, they shall not constitute the basis for a claim for compensation or damages, including lost or anticipated profits on the Work that may be affected. If the amount of Work is increased and the work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this Contract, otherwise, such additional work shall be paid for as provided under Article 7 hereof for Extra Work. In case the OWNER shall make such changes or alterations as shall make useless any Work already done or material already furnished or used in said Work, then the OWNER shall compensate the CONTRACTOR for any material or labor so used and for any actual loss occasioned by such change due to actual expenses incurred in preparation for the Work as originally planned. 2.05 DAMAGES. In the event the OWNER is damaged in the course of the work by the act, negligence, omission, mistake or default of the CONTRACTOR, or should the CONTRACTOR unreasonably delay the progress of the work being done by others on the job so as to cause loss for which the OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss. 07/2006 00700 - 4 of31 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 3.01 OWNER-ENGINEER RELATIONSHIP. The ENGINEER shall serve as the OWNER'S representative during construction. The duties, responsibilities and limitations on the authority of the ENGINEER as the OWNER's representative during construction are set forth in the Contract Documents; and the ENGINEER shall not have authority to extend the OWNER's liability or to bind the OWNER for any additional liability of any nature whatsoever without the written consent of the OWNER. Any communications by the OWNER to the CONTRACTOR regarding the Work shall be issued through the ENGINEER. It is the intent of this Agreement that there shall be no delay in the execution of the Work; therefore, written decisions or directions rendered by the ENGINEER as the OWNER's representative shall be promptly carried out, and any claim arising therefrom shall be resolved as provided in Article 7. Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the ENGINEER shall have the authority to issue written stop work orders whenever such stoppage may be necessary to insure the performance of the Work in accordance with the Contract Documents. 3.02 KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE. The ENGINEER shall furnish the CONTRACTOR with an adequate and reasonable number of copies of all Plans and Specifications without expense to the CONTRACTOR, and the CONTRACTOR shall keep one copy of the same constantly accessible on the job site, with the latest revisions noted thereon. The CONTRACTOR shall be responsible for preserving the Plans and Specifications, timely and accurately updated, for reference and review by the OWNER or the ENGINEER. 3.03 PRELIMINARY APPROVAL. The ENGINEER shall not have the power to waive the obligations imposed under this Contract for the furnishing by the CONTRACTOR of new material of good quality, and for good and workmanlike performance of the Work as herein described, and in full accordance with the Contract Documents, without alteration, deletion or change. No failure or omission of the ENGINEER to discover, object to or condemn any non- conforming or defective work or material, or to stop work, shall release the CONTRACTOR from the obligation to fully and properly perform the Contract, including without limitation, the obligation to at once tear out, remove and properly replace any defective work or material at any time prior to final acceptance, upon discovery of such non-conforming or defective work or material. Any questioned Work may be ordered taken up or removed for inspection by the ENGINEER prior to final acceptance, and if found not to be in accordance with the Contract Documents, all expense of removing, inspection and repair or replacement shall be borne by the CONTRACTOR; otherwise the expense thus incurred shall be allowed as Extra Work and shall be paid for by the OWNER, provided that where inspection or approval is specifically required by the Specifications prior to performance of certain work, should the CONTRACTOR proceed with such work without requesting prior inspection or approval, he shall bear all expense of taking up, removing and replacing this work if so directed by the ENGINEER. 3.04 INSPECTION BY ENGINEER. The ENGINEER shall make periodic visits to the site to observe the progress and quality of the executed Work and to determine if such Work generally meets the essential performance and design features and the technical, functional mid/or 07/2006 00700 - 5 of 31 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT engineering requirements of the Contract Documents, and is in all other respects being performed in compliance with the Contract Documents. However, the ENGINEER shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on-site inspections to check the quality and/or quantity of the work, nor shall the ENGINEER be in any way responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality, procedures, programs, safety precautions or lack of same incident to the Work being performed or any part thereof. The ENGINEER shall use reasonable care to prevent deviation from the intent and substance of the Contract Documents by the CONTRACTOR in the performance of the Work and any part thereof and, on the basis of such on-site observations, will keep the OWNER informed of the progress of the work and will endeavor to guard the OWNER against defects and deficiencies in the Work of the CONTRACTOR. Notwithstanding any other provision of this Agreement or any other Contract Document, the ENGINEER shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the CONTRACTOR, any subcontractors, agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the Work. 3.05 DETERMINATION OF QUESTIONS AND DISPUTES. In order to prevent delays and disputes and to discourage litigation, it is agreed that the ENGINEER shall, in all cases, determine the quantities and qualities of the several kinds of Work, which are to be paid for under this Contract. The ENGINEER shall determine all questions in relation to said Work and the construction thereof, as well as all claims, disputes and other matters in question between the CONTRACTOR and the OWNER relating to the execution or progress of the Work or the interpretation of the Contract Documents. In the event the ENGINEER shall become aware of or shall receive information that there is a dispute or a possible dispute as to the reasonable interpretation of the terms and conditions of the Contract Documents, or any other dispute or question, the ENGINEER shall, within a reasonable time, provide a written interpretation of the Contract Documents or a written decision on all questions arising relative to the execution of the Work, copies of which shall be delivered to all parties to the Contract. If the CONTRACTOR or OWNER desires to take exception to any directions, order, interpretation or instructions of the ENGINEER, CONTRACTOR or OWNER shall present any such claim to the ENGINEER in accordance with the provisions of Section 7.04. 3.06 RECOMMENDATION OF PAYMENT. The ENGINEER shall review the CONTRACTOR's application for payment and supporting documents, shall determine the amount owed to the CONTRACTOR and shall provide written recommendation to the OWNER for payment to the CONTRACTOR in such amount. Such recommendation of payment to CONTRACTOR shall constitute a representation to the OWNER of the ENGINEER's judgment that the work has progressed to the point indicated, to the best of his knowledge, information and belief; however, such recommendation of an application for payment to CONTRACTOR shall not be deemed an acceptance of any defective or non-conforming Work. Any recommendation of payment by the ENGINEER shall be subject to OWNER's rights to withhold payment under Section 6.11 and as otherwise provided in the Contract. 4.0 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 4.01 INDEPENDENT CONTRACTOR. CONTRACTOR is, and shall remain, an independent contractor, solely responsible for the manner and method of completing the Work under this Contract, with full and exclusive power and authority to direct, supervise and control his own employees and to determine the means, method and manner of performing such Work, so 07/2006 00700 - 6 of 31 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT long as such methods comply with the requirements of the Contract Documents, and do not adversely affect the completed improvements or any other property abutting or adjoining the Work area, the OWNER and ENGINEER being interested only in the result obtained and conformity of such completed improvements to the Plans, Specifications and Contract Documents. The fact that the OWNER or ENGINEER as the Owner's representative shall have the right to observe CONTRACTOR's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the OWNER and the ENGINEER hereunder, is not intended to and shall not at any time change or affect the status of the CONTRACTOR as an independent contractor with respect to either the OWNER or the ENGINEER as the OWNER's representative or to the CONTRACTOR's own employees or to any other person, firm or corporation. 4.02 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the Work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the Work, the general and local conditions, including but not limited to weather, access, lay down and storage areas, and all other matters which in any way affect the Work under this Contract. It is further understood that the CONTRACTOR has satisfied himself as to the terms, meaning, intent and requirements of all of the Contract Documents, and applicable laws, codes, regulations and ordinances. CONTRACTOR hereby warrants and represents that it has taken into consideration all of the foregoing factors, and CONTRACTOR shall perform the Work for the Contract Price and within the Contract Time. No verbal agreement or conversation with any officer, agent or employee of the OWNER or the ENGINEER, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. 4.03 LAWS AND ORDINANCES. The CONTRACTOR shall at all times observe and comply with all federal, state or local laws, codes, ordinances, permits and regulations, regardless of whether the same are adopted before or after the execution of this Contract, which in any manner affect the Contract or the work, and shall indemnify, save and hold harmless the OWNER and the ENGINEER against any claim arising out of the violation of any such laws, ordinances and regulations, whether by the CONTRACTOR or his agents, employees, subcontractors or vendors. If the CONTRACTOR observes that the Plans and Specifications are at variance with federal or state laws or codes or the ordinances or regulations of the City, he shall promptly notify the ENGINEER in writing, and any necessary changes shall be made as provided in the Contract for changes in the work. If the CONTRACTOR performs any work knowing it to be contrary to such laws, codes, ordinances, rules or regulations, or if CONTRACTOR reasonably should have known of any such violation, and without such notice to the ENGINEER, CONTRACTOR shall bear all costs arising therefrom. The OWNER is a Political Subdivision of the State of Texas, and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the OWNER may enter into contracts, shall be controlling and shall be considered as part of this Contract to the same effect as though embodied herein. Neither the act of OWNER entering into this Contract, nor OWNER's performance hereunder, shall constitute a waiver of any immunity from suit enjoyed by OWNER under applicable law, all such rights and defenses being hereby expressly reserved, notwithstanding any term or provision herein to the contrary. The Code of Ordinances and other applicable regulations of the OWNER shall be deemed to be embodied in this Contract. 07/2006 00700 - 7 of31 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT The prevailing wage rates applicable to this Project shall be either Document 00811 -Wage Scale for Engineering Construction, or Document 00813 - Wage Scale for Building Construction, or both, as set out in the Proj ect Manual. 4.04 ASSIGNMENT AND SUBLETTING. The CONTRACTOR further agrees that he will retain personal control and will give his personal attention to the fulfillment of this Contract and that he will not assign, by power of attorney or otherwise, or sublet said Contract, or any rights, duties or obligations arising thereunder, in whole or in part, without the prior written consent of the OWNER, and that no part or feature of the Work will be sublet to anyone objectionable to the ENGINEER or the OWNER. In addition, the OWNER reserves the right to disapprove the subletting of this Contract or any portion hereof on any basis whatsoever. The CONTRACTOR further agrees that the subletting of any portion or feature of the Work or materials required in the performance of this Contract shall not relieve the CONTRACTOR from his obligations to the OWNER, as provided for by this Agreement. 4.05 PERFORMANCE AND PAYMENT BONDS. In the event the Contract Price shall be in excess of $25,000.00, the CONTRACTOR shall execute separate Performance and Payment Bonds, each in the sum of one hundred percent (100%) of the Contract Price, and each in accordance with the provisions of Chapter 2253 of the Texas Government Code. If the Contract Price does not exceed $25,000.00, the statutory bonds will not be required. All required Bonds shall be payable to OWNER and on forms approved by the OWNER, and shall be executed by a corporate surety in accordance with Article 7.19-1 of the Texas Insurance Code. It is agreed that the Contract shall not be in effect until such original Performance and Payment Bonds are delivered to and approved by the OWNER. The cost of the premium for the Performance and Payment Bonds shall be included in the CONTRACTOR's Bid Proposal. 4.06 INSURANCE. The CONTRACTOR, at his own expense, shall procure, maintain and keep in force throughout the duration of the Work, and throughout the Guarantee Period, insurance as specified in Attachment No. 1 hereto with regard to Workers' Compensation Insurance, and as specified in Attachment No.3 hereto with regard to all other Insurance. Such insurance shall be carried with an insurance company licensed to transact business in the State of Texas and shall cover all operations in connection with this Contract, whether performed by the CONTRACTOR or a subcontractor, or others for whom CONTRACTOR is responsible. 4.07 PERMITS AND FEES. Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for all permits, licenses, and inspections necessary for proper execution and completion of the Work, and which are legally required at the time bids are received. 4.08 TEXAS STATE SALES TAX. Materials incorporated into this project are exempt from State Sales according to provisions of the Texas Tax Code, Chapter 151, Subsection H. The Contractor must obtain a limited sales, excise and use tax permit or exemption certificate which shall enable him to buy the materials to be incorporated into the Work without paying tax at due time of purchase. 4.09 CONTRACTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of this Contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all 07/2006 00700 - 8 of 31 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT satisfactory to the ENGINEER as the OWNER'S representative. The superintendent shall represent the CONTRACTOR in his absence and shall act as the agent of the CONTRACTOR, and all directions given to him shall be binding as if given to the CONTRACTOR. Adequate supervision by competent and reasonable representatives ofthe CONTRACTOR is essential to the proper performance of the Work, and lack of such supervision shall be an act of default, and grounds for suspending operations ofthe CONTRACTOR. The Work, from its commencement to completion, shall be under the exclusive charge and control of the CONTRACTOR, and all risk in connection therewith shall be borne by the CONTRACTOR. Neither the OWNER nor the ENGINEER as the OWNER's representative will be responsible for the acts or omissions of the CONTRACTOR, its subcontractors or any of its agents or employees, or any other persons performing any of the Work. 4.10 CHARACTER OF WORKERS. The CONTRACTOR agrees to employ only orderly and competent workers, skillful in the performance of the type of work required under this Contract, to do the Work, and agrees that whenever the ENGINEER shall inform him in writing that any worker or workers on the Work are, in his opinion, incompetent, unfaithful or disorderly, or in the ENGINEER's opinion, are not using their best efforts for the progress of the Work, such worker or workers shall be discharged from the Work and shall not again be employed on the Work without the ENGINEER's written consent. 4.11 LABOR, EQUIPMENT, MATERIALS, CONSTRUCTION PLANT, AND BUILDINGS. The CONTRACTOR shall provide all labor, services, tools, equipment, machinery, supplies, facilities, utilities and materials necessary in the prosecution and completion of this Contract where it is not otherwise specifically provided that the OWNER shall furnish same; and further, the CONTRACTOR shall be responsible for the care, preservation, conservation and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction and any and all parts of the Work, whether the CONTRACTOR has been paid, partially paid or not paid for such Work, until the entire Work is completed and accepted. The building or placement of structures for housing workers or offices, or the erection of tents or other forms of protection, will be permitted only with the ENGINEER's written permission, and at such places as the ENGINEER shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the ENGINEER. Any structures of any nature constructed, placed or erected by the CONTRACTOR for the purposes herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper erection, placement or construction thereof; and the CONTRACTOR agrees to indemnify and hold the ENGINEER or OWNER harmless from any claims of any nature whatsoever brought against either of them for damages allegedly sustained by anyone by reason of the erection, placement, construction or maintenance of CONTRACTOR's buildings or structures. 4.12 SANITATION. Necessary sanitary conveniences for the use oflaborers and others on the Work site, properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by the ENGINEER, and their use shall be strictly enforced. Any structures of any nature constructed or erected by the CONTRACTOR for the purposes herein set out, shall be the sole responsibility of 07/2006 00700 - 9 of 31 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT the CONTRACTOR as to the proper erection or construction thereof, and the CONTRACTOR agrees to indemnify and hold the ENGINEER and OWNER harmless from any claims of any nature whatsoever brought against either of them for damages allegedly sustained by anyone by reason ofthe erection, construction or maintenance of CONTRACTOR's buildings. 4.13 CLEANING AND MAINTENANCE. The CONTRACTOR shall at all times keep and maintain the premises free from accumulation of debris, trash and waste, and at the completion of the Work, he shall remove all such debris, trash and waste, and also his tools, scaffolding and surplus materials, and shall leave the Work broom-clean or its equivalent. The Work shall be left in good order and condition. In case of dispute, the OWNER may remove the debris, trash, waste and surplus materials, and charge the cost to the CONTRACTOR. 4.14 PERFORMANCE OF WORK. It is further agreed that it is the intent of this Contract that all Work must be done and all material must be furnished in accordance with the generally accepted practice for such materials furnished or work completed, unless otherwise provided in the Contract Documents. 4.15 RIGHT OF OWNER TO ACCELERATE THE WORK. If at any time the methods or equipment used by the CONTRACTOR, or the work force supplied are found to be inadequate to achieve the progress required to Substantially Complete the Work within the Contract Time, the OWNER or the ENGINEER as the OWNER's representative, may order the CONTRACTOR in writing to supplement its forces and/or equipment, or work shifts or overtime, or otherwise improve its efficiency and rate of progress to achieve Substantial Completion of the Work within the Contract Time, and the CONTRACTOR shall comply with such order, at its own cost and expense. 4.16 LAYOUT OF WORK. Except as specifically provided herein, the CONTRACTOR shall be responsible for laying out work and shall accomplish this work in a manner acceptable to the ENGINEER and in conformance with the Contract Documents. 4.17 SHOP DRAWINGS. The CONTRACTOR shall submit to the ENGINEER, with such promptness as to cause no delay in his own Work or in that of any other contractor, six (6) checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades. Contractor will check and approve shop drawings for compliance with requirements of Contract Documents and will so certify by stamp on each drawing prior to submittal to ENGINEER. Any drawings submitted without Contractor's stamp of approval will not be considered and will be returned to him for proper submission. The ENGINEER shall pass upon them with reasonable promptness, indicating desired corrections. The CONTRACTOR shall make any corrections required by the ENGINEER, file with him two (2) corrected copies and furnish such other copies as may be needed. The ENGINEER's approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from the Contract Documents, unless he has, in writing, called the ENGINEER's attention to such deviations at the time of the submission, and the ENGINEER has acknowledged and accepted such deviations in writing, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the CONTRACTOR's responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required Contract Work in accordance with the Plans and Specifications and Contract Documents, and within the Contract Time. 07/2006 00700 - 10 of31 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Such review by the ENGINEER shall be for the sole purpose of determining the apparent sufficiency of said drawings or schedules to result in finished improvements in conformity with the Plans and Specifications and Contract Documents, and shall not relieve the CONTRACTOR of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the ENGINEER does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during CONTRACTOR's performance hereunder, and any action taken by the ENGINEER shall not relieve the CONTRACTOR of his responsibility and liability to comply with the Contract Documents. 4.18 ENGINEER-CONTRACTOR RELATIONSHIP; OBSERVATIONS. It is agreed by the CONTRACTOR that the ENGINEER, as the OWNER's representative, shall be and is hereby authorized to appoint such subordinate engineers, representatives or observers as the said ENGINEER may from time to time deem proper to observe the materials furnished and the Work done under this Agreement. The CONTRACTOR shall furnish all reasonable aid and assistance required by the subordinate engineers, representatives or observers for the proper observation and examination of the work. The CONTRACTOR shall regard and obey the directions and instructions of any subordinate engineers, representatives or observers so appointed, when such directions and instructions are consistent with the obligations of this Agreement and the Plans and Specifications and Contract Documents, provided, however, should the CONTRACTOR object to any orders by any subordinate engineer, representative or observer, the CONTRACTOR may, within three (3) days, make written appeal to the ENGINEER for his decision. 4.19 OBSERVATION AND TESTING. The OWNER or the ENGINEER as the OWNER's representative shall have the right at all reasonable times to observe, inspect and test the Work. The CONTRACTOR shall make all necessary arrangements and provide proper facilities and access for such observation, inspection and testing at any location wherever Work is in preparation or progress. The CONTRACTOR shall ascertain the scope of any observation, inspection or testing which may be contemplated by the OWNER or the ENGINEER and shall give ample notice as to the time each part of the Work will be ready for such observation, inspection or testing. The OWNER or the ENGINEER may reject any Work found to be defective or not in accordance with the Contract Documents, regardless of the stage of its completion or the time or place of discovery of such deficiencies, and regardless of whether the ENGINEER has previously accepted the Work through oversight or otherwise. If any Work is covered without approval or consent of the OWNER, it must, if requested by the OWNER or the ENGINEER, be uncovered for examination, at the sole expense of the CONTRACTOR. In the event that any part of the Work is being fabricated or manufactured at a location where it is not convenient for the OWNER or the ENGINEER to make observations of such Work or require testing of said Work, then in such event, the OWNER or the ENGINEER may require the CONTRACTOR to furnish the OWNER or the ENGINEER with certificates of inspection, testing or approval made by independent persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the Contract Documents. If any Work, which is required to be inspected, tested or approved, is covered up without written approval or consent of the OWNER or the ENGINEER, it must, if requested by the OWNER or the ENGINEER, be uncovered for observation and testing, at the sole expense of the 07/2006 00700 - 11 of 31 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT CONTRACTOR. The cost of all such inspections, tests and approvals shall be borne by the CONTRACTOR unless otherwise provided herein. Any Work which fails to meet the requirements of such tests, inspections or approval, and any Work which meets the requirements of any such tests or approval but does not meet the requirements of the Contract Documents shall be considered defective. Such defective Work and any other work affected thereby shall be corrected at the CONTRACTOR'S expense. Neither observations by the OWNER or by the ENGINEER, nor inspections, certifications, tests or approvals made by the OWNER, the ENGINEER or other persons authorized under this Agreement to make such inspections, tests or approvals, shall relieve due CONTRACTOR from his obligation to perform the Work in accordance with the requirements of the Contract Documents. 4.20 DEFECTS AND THEIR REMEDIES. It is further agreed that if the Work or any part thereof or any material brought on the site of the Work for use in the Work or selected for the same, shall be deemed by the ENGINEER as unsuitable or not in conformity with the Plans and Specifications or Contract Documents, the CONTRACTOR shall, after receipt of written notice thereof from the ENGINEER, forthwith remove such material and rebuild or otherwise remedy such Work so that it shall be in full accordance with this Contract, It is further agreed that any such remedial action contemplated herein shall be at CONTRACTOR's expense. 4.21 LIABILITY FOR PROPER PERFORMANCE. Engineering construction drawings and specifications, as well as any additional instructions and information concerning the Work to be performed, passing from or through the ENGINEER, shall not be interpreted as requiring or allowing the CONTRACTOR to deviate from the Plans and Specifications or the Contract Documents, the intent of such drawings, specifications and any other such instructions being to define with particularity the agreement of the parties as to Work the CONTRACTOR is to perform. CONTRACTOR shall be fully and completely liable and contractually bound, at his own expense, for design, construction, installation and use or non-use of all items and methods instant to the performance of the Contract, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, similar items or devices used by him during construction, and work performed either directly or incident to construction, and for all loss, damage or injury incident thereto, either to person or property, whether such damage be suffered by the ENGINEER, the OWNER or any other person not a party to this Contract. Any review of Work in progress or any visit or observation during construction, or any clarification of Plans and Specifications or Contract Documents by the ENGINEER or OWNER, or any agent, employee or representative of either of them, whether through personal observation on the Project site or by means of approval of shop drawings for construction or construction processes, or by other means or methods, is agreed by the CONTRACTOR to be for the purpose of observing the extent and nature of Work completed or being performed, as measured against the Plans and Specifications and Contract Documents, or for the purpose of enabling the CONTRACTOR to more fully understand the Plans and Specifications and Contract Documents so that the completed construction Work will conform thereto, and shall in no way relieve the CONTRACTOR from full and complete responsibility for proper performance of his Work on the Project, including, without limitation, the propriety of means and methods of the CONTRACTOR in performing said Contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance. Any action by the ENGINEER or the OWNER in visiting or 07/2006 00700 - 12 of31 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT observing during construction, or any clarification of Plans and Specifications or Contract Documents shall not constitute a waiver of CONTRACTOR'S liability for damages as herein set out. Deviation by the CONTRACTOR from Plans and Specifications or Contract Documents, whether called to the CONTRACTOR's attention or not, shall in no way relieve CONTRACTOR from his responsibility to complete all work in accordance with said Plans and Specifications and Contract Documents, and further shall not relieve CONTRACTOR of his liability for loss, damage or injury as herein set out. 4.22 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC. The CONTRACTOR shall be solely responsible for the safety of himself, his employees and all other persons, as well as for the protection of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. The CONTRACTOR shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The CONTRACTOR shall at all times exercise reasonable precautions for the safety of employees and others on or near the Work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded, as a minimum, in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The CONTRACTOR shall provide all necessary machinery guards, safe walkways, ladders, bridges, gangplanks, barricades, fences, traffic control, warning signs and other safety devices. No alcoholic beverages, non-prescription drugs, or unsafe practices will be allowed on the Work site. CONTRACTOR shall dismiss anyone participating in any of the above from the Work site for the duration of the Project. Only prescription drug uses with a doctor's authorization to perform construction activities will be allowed on the Work site. Violation of this provision is a default under the Contract. The use, possession, sale, transfer, purchase or being under the influence of alcohol, drugs or any other illegal or unlawful substance by CONTRACTOR or CONTRACTOR's employees, or CONTRACTOR's subcontractors and employees at any time at the Work site or while on company business is prohibited. CONTRACTOR shall institute and enforce appropriate drug testing guidelines and program. All accidents or injuries to CONTRACTOR's employees working on the job site must be reported verbally and in writing to the ENGINEER immediately, and within no more than eight (8) hours. The safety precautions actually taken and their adequacy shall be the sole responsibility of the CONTRACTOR, in his sole discretion as an independent contractor. Inclusion of this paragraph in the Agreement, as well as any notice which may be given by the OWNER or the ENGINEER as the OWNER's representative concerning omissions under thus paragraph as the Work progresses, are intended as reminders to the CONTRACTOR of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the CONTRACTOR or any of his subcontractors. 4.23 PROTECTION OF ADJOINING PROPERTY. The CONTRACTOR shall employ proper means to protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, from any damage or injury by reason of said process of 07/2006 00700 - 13 of 31 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent or adjoining property. THE CONTRACTOR AGREES TO INDEMNIFY, DEFEND, SAVE AND HOLD HARMLESS THE OWNER AND ENGINEER AGAINST ANY CLAIM OR CLAIMS FOR DAMAGES, LOSS, COSTS OR EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES, DUE TO ANY INJURY TO ANY ADJACENT OR ADJOINING PROPERTY, ARISING OR GROWING OUT OF THE PERFORMANCE OF THE CONTRACT, REGARDLESS OF WHETHER OR NOT SUCH DAMAGE, LOSS, COST OR EXPENSE IS CAUSED IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE OR STRICT LIABILITY OF OWNER AND/OR ENGINEER. 4.24 PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES. THE CONTRACTOR AGREES THAT HE WILL PROMPTLY PAY WHEN DUE, AND WILL INDEMNIFY, SAVE AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ALL CLAIMS GROWING OUT OF THE DEMANDS OF SUBCONTRACTORS, LABORERS, WORKERS, MECHANICS, MATERIALMEN AND FURNISHERS OF MACHINERY AND PARTS THEREOF, EQUIPMENT, POWER TOOLS AND ALL SUPPLIES, INCLUDING COMMISSARY, INCURRED IN THE FURTHERANCE OF THE PERFORMANCE OF THIS CONTRACT. When so desired by the OWNER, the CONTRACTOR shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the CONTRACTOR fails to do so, then the OWNER may, at the option of the OWNER, either pay directly any unpaid bills of which the OWNER has written notice, or withhold from the CONTRACTOR's unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all such claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payments to the CONTRACTOR shall be resumed in full, in accordance with the terms of this Contract. Any and all communications between any parties under this paragraph shall be in writing. Nothing contained in this paragraph or this Agreement shall create, establish or impose any relationship, contractual or otherwise, between OWNER and any subcontractor, laborer or supplier of CONTRACTOR, nor shall it create, establish or impose any duty upon OWNER to payor to see to the payment of any subcontractor, laborer or supplier of CONTRACTOR. 4.25 PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION. The CONTRACTOR shall pay all royalties and license fees and shall provide for the use of any design, device, material or process covered by letters patent or copyright, by suitable legal agreement with the patentee or owner thereof THE CONTRACTOR SHALL DEFEND ALL SUITS OR CLAIMS FOR INFRINGEMENT OF ANY PATENT OR COPYRIGHT AND SHALL INDEMNIFY, SAVE AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY LOSS OR LIABILITY ON ACCOUNT THEREOF, EXCEPT SUCH SUITS AND CLAIMS ARISING OUT OF A PARTICULAR DESIGN, DEVICE, MATERIAL OR PROCESS OR THE PRODUCT OF A PARTICULAR MANUFACTURER OR MANUFACTURERS SPECIFIED OR REQUIRED BY THE OWNER; PROVIDED, HOWEVER, IF CHOICE OF ALTERNATE DESIGN, DEVICE, MATERIAL OR PROCESS IS ALLOWED TO THE CONTRACTOR, OR IF CONTRACTOR KNEW OR SHOULD HAVE KNOWN OF THE PATENT OR COPYRIGHT AND FAILED TO PROMPTLY NOTIFY OWNER IN WRITING, THEN THE CONTRACTOR SHALL INDEMNIFY, DEFEND, SAVE AND HOLD THE OWNER HARMLESS FROM ANY LOSS OR LIABILITY ON ACCOUNT THEREOF. 07/2006 00700 - 14 of31 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.26 INDEMNIFICATION. THE CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND HOLD THE ENGINEER AND THE OWNER HARMLESS FROM ANY CLAIMS OR DEMANDS OF ANY NA TURE WHATSOEVER MADE BY ANY EMPLOYEE, EMPLOYEES, AGENTS OR SUBCONTRACTORS OF CONTRACTOR, OR BY ANY UNION, TRADE ASSOCIATION, WORKER'S ASSOCIATION OR OTHER GROUPS, ASSOCIATIONS OR INDIVIDUALS, ALLEGEDLY REPRESENTING EMPLOYEES OF THE CONTRACTOR, IN ANY DISPUTE BETWEEN THE CONTRACTOR AND HIS EMPLOYEES, DIRECTLY OR INDIRECTLY INVOLVING, GROWING OUT OF OR ARISING FROM CLAIMS BY SUCH EMPLOYEES FOR WAGES, SALARY, COMPENSATION, BENEFITS, WORKING CONDITIONS OR ANY OTHER SIMILAR COMPLAINT OR CLAIM WHICH MAY BE MADE. THE CONTRACTOR, HIS SURETIES AND INSURANCE CARRIERS SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE OWNER AND THE ENGINEER AND THEIR RESPECTIVE OFFICERS, REPRESENTATIVES, AGENTS AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, CLAIMS, LOSSES, DEMANDS, SUITS, LIABILITIES, JUDGMENTS AND COSTS OF ANY CHARACTER WHATSOEVER, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES, AND SHALL BE REQUIRED TO PAY ANY JUDGMENT THEREFOR, WITH COSTS, WHICH MAY BE OBTAINED AGAINST THE OWNER AND/OR THE ENGINEER OR ANY OF THEIR OFFICERS, REPRESENTATIVES, AGENTS OR EMPLOYEES, ARISING OUT OF OR RESULTING FROM OR ALLEGEDLY ARISING OUT OF OR RESULTING FROM THE PERFORMANCE OF THE WORK, PROVIDED THAT ANY SUCH DAMAGES, CLAIM, LOSS, DEMAND, SUIT, LIABILITY, JUDGMENT, COST OR EXPENSE: (A) ARISES OUT OF OR RESULTS FROM IN WHOLE OR IN PART, OR ALLEGEDLY ARISES OUT OF OR RESULTS FROM IN WHOLE OR IN PART, ANY BREACH OF THIS AGREEMENT OR BREACH OF WARRANTY BY CONTRACTOR; OR (B) IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE OR DEATH OR INJURY TO OR DESTRUCTION OF TANGIBLE PROPERTY, INCLUDING THE LOSS OF USE RESULTING THEREFROM; AND IS CAUSED IN WHOLE OR IN PART OR IS ALLEGEDLY CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENT ACT OR OMISSION OF THE CONTRACTOR, ANY SUBCONTRACTOR, THEIR AGENTS OR EMPLOYEES OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY ONE OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, REGARDLESS OF WHETHER OR NOT IT IS CAUSED IN PART OR ALLEGEDLY CAUSED IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE OR STRICT LIABILITY OF OWNER, ENGINEER AND/OR A PARTY INDEMNIFIED HEREUNDER. Notwithstanding the foregoing or anything in the Agreement to the contrary, in accordance with the provisions of Section 130.002 of the Texas Civil Practice and Remedies Code, CONTRACTOR shall not be obligated to indemnify or hold harmless the ENGINEER, his agents, servants or employees, from liability for damage that is caused by or results from defects in plans, designs or specifications prepared, approved or used by the ENGINEER, or negligence of the 07/2006 00700 - 15 of 31 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ENGINEER in the rendition or conduct of professional duties called for or arising out of any construction contract and the plans, designs or specifications that are a part of the construction contract, and arises from personal injury or death, property injury, or any other expense that arises from personal injury, death, or property injury. This indemnity agreement is a continuing obligation, and shall survive notwithstanding completion of the Work, Final Payment, expiration of the warranty period, termination of the Contract, and abandonment or takeover of the Work. CONTRACTOR's indemnification obligations hereunder shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or a subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts, and shall not be limited by any limitation on amounts or coverage of insurance provided or to be provided under this Contract. 4.27 LOSSES FROM NATURAL CAUSES. All loss, cost, expense or damage to the CONTRACTOR arising out of the nature of the Work to be done or from any unforeseen circumstances in the prosecution of the same, or from the action of the elements, or from unusual obstructions or difficulties which may be encountered in the prosecution of the Work, shall be sustained and borne by the CONTRACTOR at his own cost and expense. 4.28 GUARANTEE. The CONTRACTOR hereby guarantees all the Work under the Contract to be free from defects or deficiencies in material in every particular and free from defects or deficiencies in workmanship; and against unusual damage from proper and usual use; and agrees to replace or to re-execute without cost to the OWNER such Work as may be found to be defective, deficient or otherwise not in conformance with the Contract Documents, and to make good all damages caused to other work or material, due to such defective Work or due to its required replacement or re-execution. This guarantee shall cover a period of one year from the date of Substantial Completion of Work under the Contract, as evidenced by the Certificate of Substantial Completion. Neither the Certificate of Substantial Completion, Final Payment, nor any provision in the Contract Documents shall relieve the CONTRACTOR of the responsibility for defective, deficient or non-conforming material or workmanship during the period covered by the guarantee. The one-year period of guarantee will not limit the OWNER'S other rights under common law with respect to any defects, deficiencies or non-conforming Work discovered after one year. If this one-year guarantee conflicts with other warranties or guarantees, the longer period of warranty or guarantee will govern. 5.0 PROSECUTION AND PROGRESS 5.01 TIME AND ORDER OF COMPLETION. It is the meaning and intent of this Contract, unless otherwise herein specifically provided, that the CONTRACTOR shall be allowed to prosecute his Work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of construction; provided, however, that the order and the time of prosecution shall be such that the Work shall be Substantially Completed as a whole and in part, in accordance with this Contract and the Contract Time; provided, also, that when the OWNER is having other work done, either by contract or by his own forces, the ENGINEER may direct the time and manner of constructing the Work done under this Contract, so that conflict will be avoided and the construction of the various works being done for the OWNER shall be 07/2006 00700 - 16 of31 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT harmonized, and the CONTRACTOR shall fully cooperate and coordinate its Work with OWNER or such other contractors. The CONTRACTOR shall submit, at such times as may reasonably be requested by the ENGINEER, schedules which shall show the order in which the CONTRACTOR proposes to carry on the Work, with dates on which the CONTRACTOR will start the several parts of the work, and estimated dates of completion of the several parts. Such schedules shall show completion of the Work within the Contract Time, and/or shall show such recovery efforts as CONTRACTOR intends to undertake in the event Substantial Completion of the Work is delayed. 5.02 EXTENSION OF TIME. The CONTRACTOR agrees that he has submitted his Bid Proposal in full recognition of the time required for the completion of this Project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions as hereinafter set forth, and that he shall not be entitled to, nor will he request, an extension of time on this Contract, except when Substantial Completion of the Work has been delayed solely by any act or neglect of the OWNER, the ENGINEER, or any employee of either, by other contractors employed by the OWNER, by any approved change in the Work, by strikes, lockouts, fires, Acts of God, or by any other cause which the ENGINEER shall decide justifies the delay. Justified delays include rainfall or other weather conditions that prevent the CONTRACTOR from performing more than one-half of the typical work day. The CONTRACTOR shall give the ENGINEER prompt notice, in writing and within three (3) days of the start of any such delay, ofthe cause of any such delay, and its estimated effect on the Work and the schedule for completion of the Work. Upon receipt of a written request for an extension of the Contract Time from the CONTRACTOR, supported by relevant and all requested documentation, the ENGINEER shall submit such written request, together with his written recommendation, to the OWNER for consideration. If the delay is not attributable in whole or in part to any act or omission of CONTRACTOR, its subcontractors or suppliers, and if the OWNER determines that CONTRACTOR is entitled to an extension of time under the terms of the Contract, the OWNER shall grant an extension of time for Substantial Completion of the Work, sufficient to compensate for the delay, and such extension of time shall be CONTRACTOR's sole and exclusive remedy, except as may be otherwise provided herein. 5.03 HINDRANCES AND DELAYS. In executing the Contract, the CONTRACTOR agrees that in undertaking to complete the Work within the time herein fixed, he has taken into consideration and made allowances for all interference, disruption, hindrances and delays incident to such Work, whether growing out of delays in securing material or workmen or otherwise. No claim shall be made by the CONTRACTOR for damages, loss, costs or expense resulting from interference, disruption, hindrances or delays from any cause during the progress of any portion of the Work embraced in this Contract, except where the Work is stopped or suspended by order of the OWNER, or the ENGINEER as the OWNER's representative, and such stoppage or suspension is not attributable to any act or omission of CONTRACTOR, and except where any interference, disruption, hindrance or delay is caused solely by any act or omission of OWNER or ENGINEER, in which event CONTRACTOR shall be entitled to assert a claim in accordance with the provisions of Article 7 of this Agreement. 5.04 SUSPENSION OF WORK. OWNER may, without cause, order the CONTRACTOR in writing to suspend the Work, in whole or in part, for such period of time as OWNER may request. The Contract Price and/or Contract Time shall be adjusted for any increase in the cost of or the time required for performance of the Work caused by such suspension. No 07/2006 00700 - 17 of31 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT adjustment shall be made to the extent performance was or would have been suspended by a cause for which CONTRACTOR is responsible, or to the extent an adjustment is made or denied under another provision of the Contract Documents. 5.05 LIQUIDATED DAMAGES FOR DELAY. It is understood and agreed that time is of the essence, and that the CONTRACTOR will commence the Work on the date specified herein or in any Notice to Proceed, and will Substantially Complete the Work within the Contract Time. It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER, that the time for the Substantial Completion of the Work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The CONTRACTOR further agrees that a breach of this Contract as to completion on time will cause damage to the OWNER and that such damages cannot be accurately measured or that ascertainment will be difficult. Therefore, the parties agree that for each and every calendar day the Work or any portion thereof shall remain uncompleted after the expiration of the Contract Time, the CONTRACTOR shall pay, as liquidated damages and as a reasonable estimate of OWNER's damages, and not as a penalty, the amount set out in the Standard Form of Agreement. However, the foregoing agreement as to liquidated damages constitutes only an agreement by the OWNER and the CONTRACTOR as to the amount of damages which the OWNER will sustain by reason ofthe CONTRACTOR'S failure to complete the work within the Contract Time. Should the OWNER suffer damage by reason of any other breach by CONTRACTOR, the OWNER may recover such actual damages in addition to any liquidated damages due. The OWNER shall have the right to deduct and withhold the amount of any and all such damages whether it be the minimum amount stipulated above or otherwise, from any monies owing by it to said CONTRACTOR, or the OWNER may recover such amount from the CONTRACTOR and the sureties of his bond; all of such remedies shall be cumulative and the OWNER shall not be required to elect anyone nor be deemed to have made an election by proceeding to enforce any one remedy. 6.0 MEASUREMENT AND PAYMENT 6.01 DISCREP ANCIES AND OMISSIONS. If the CONTRACTOR knows or reasonably should have known of any discrepancies or omissions in the Plans, Specifications or Contract Documents, he shall notify the ENGINEER and obtain a clarification by Addendum before the bids are received, and if no such request is received by the ENGINEER prior to the opening of bids, then it shall be considered that the CONTRACTOR fully understands the Work to be performed and has provided sufficient sums in his Bid Proposal to complete the Work in accordance with the Plans and Specifications and Contract Documents. It is further understood that any request for clarification must be submitted no later than five (5) days prior to the opening of bids. 6.02 QUANTITIES AND MEASUREMENTS. No extra or customary measurements of any kind will be allowed, but the actual measured and/or computed length, area, volume, number and weight only shall be considered, unless otherwise specifically provided. 6.03 ESTIMATED QUANTITIES. This Agreement, including the Specifications, Plans and Contract Documents, and including any estimates contained therein, is intended to 07/2006 00700 - 18 of 31 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT convey all Work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of Work to be done and material to be furnished under this Contract, they are approximate and are to be used only as a basis for estimating the probable cost of the Work and for comparing the Bid Proposals offered for the Work. It is understood and agreed that the actual amount of Work to be done and the materials to be furnished under this Contract may differ from the estimates and that the items listed or estimated quantities stated, and/or any difference between estimated and actual Work, shall not give rise to a claim by the CONTRACTOR against the OWNER for loss, cost, expense, damages, unit price adjustment, quantity differences, unrecovered overhead or lost or anticipated profits, or other compensation. 6.04 PRICE OF WORK. It is agreed that it is the intent of this Contract that all Work described in the Bid Proposal, the Plans and Specifications and other Contract Documents, is to be done for the prices bid by the CONTRACTOR and that such prices shall include all appurtenances necessary to complete the Work in accordance with the intent of these Contract Documents as interpreted by the ENGINEER, and all costs, expenses, bond and insurance premiums, taxes, overhead, and profit. In consideration of the furnishing of all the necessary labor, equipment and material and the completion of all Work by the CONTRACTOR, and upon the completion of all Work and the delivery of all materials embraced in this Contract in full conformity with the Contract Documents, the OWNER agrees to pay to the CONTRACTOR the prices set forth in the Standard Form of Agreement, for the material actually used and services actually performed; however, the OWNER does not assume any obligation to pay for any services or material not actually authorized and used. The CONTRACTOR hereby agrees to receive such prices as payment in full for furnishing all materials and all labor required for the aforesaid Work, and for all expenses incurred by him, and for full performance of the Work and the whole thereof in the manner and according to this Agreement, the Plans and Specifications and Contract Documents, and the requirements ofthe ENGINEER. 6.05 PAYMENTS. No payments made or approvals or certificates given shall be considered as conclusive evidence of the performance of the Contract, either in whole or in part, nor shall any certificate, approval or payment be considered as acceptance of defective, deficient or non-conforming Work. CONTRACTOR shall, at any time requested during the progress of the Work, furnish the OWNER or the ENGINEER with an affidavit showing the CONTRACTOR's total outstanding indebtedness in connection with the Work. Before Final Payment is made, the CONTRACTOR shall satisfy the OWNER, by affidavit or otherwise, that there are no unpaid claims due subcontractors, suppliers or laborers by reason of any Work under the Contract. Acceptance by CONTRACTOR of Final Payment shall constitute a waiver of any and all claims of whatsoever nature against OWNER, arising out of or related to the Contract, or the Work, or any acts or omissions of OWNER or ENGINEER, which have not theretofore been timely filed as provided in this Contract. 6.06 PARTIAL PAYMENTS. When the Contract Price is a lump sum amount, prior to the first Application for Payment, CONTRACTOR shall submit to ENGINEER for review and approval a Schedule of Values, which shall fairly allocate the entire Contract Price among the various portions of the Work and shall be prepared in such form and supported by such data to substantiate its accuracy as the ENGINEER may reasonably require. The Schedule of Values shall follow the trade divisions of the Specifications so far as practicable. Upon approval, this Schedule of Values shall be used by ENGINEER as the basis for reviewing the Contractor's Application for Payment. Applications for Payment shall indicate the percentage of completion of each portion ofthe Work as ofthe end of the period covered by the Application for Payment. 07/2006 00700 - 19 of 31 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT On or before the tenth day of each month, the CONTRACTOR shall prepare and submit to the ENGINEER, for approval or correction, an application for partial payment, being a statement showing as completely as practicable, the total value ofthe Work done by the CONTRACTOR up to and including the twenty-fifth day of the preceding month; said statement shall also include the value of all conforming materials to be fabricated into the Work and stored in accordance with manufacturer's recommendation at the Work site only. No payment will be made for materials stored until Owner has approved in writing storage at the Work site. The ENGINEER shall then review such statement and application for partial payment and the progress of the Work made by the CONTRACTOR and, within twenty-one days after the date ENGINEER receives CONTRACTOR's application for payment, if the application is found to be accurate and correct and conforming to the requirements of the Contract Documents, the ENGINEER shall prepare a preliminary certificate for partial payment and shall deliver his preliminary certification for payment to the OWNER and the CONTRACTOR; or, if the ENGINEER finds that CONTRACTOR's application for payment contains an error or is otherwise disputed, he shall notify CONTRACTOR of such error or dispute, and shall prepare a preliminary certificate for partial payment for the undisputed amount of the application for payment due CONTRACTOR, and deliver it to the OWNER and CONTRACTOR. ENGINEER'S notice to CONTRACTOR that a bona fide dispute for payment exists shall include a list of the specific reasons for nonpayment The OWNER shall then pay the CONTRACTOR, within thirty (30) days of the date of ENGINEER's receipt of the application for payment, the undisputed balance due, less applicable retainage, and further less all previous payments and all further sums that may be retained or withheld by the OWNER under the terms of this Agreement. CONTRACTOR may submit a corrected application for payment after its receipt of the ENGINEER's notice of error or dispute, and such corrected application for payment shall be reviewed by the ENGINEER and disputed or paid under the same procedure and within the same time limits set out above. As a condition of any progress payment under this Agreement, CONTRACTOR shall execute and deliver to ENGINEER and OWNER a full release of all claims, direct or indirect, at law or in equity, arising out of or related to the Work to date, excluding retainage or any claims previously submitted as required under the terms of the Contract, and specifically identified and excluded by CONTRACTOR in the release. OWNER shall be entitled to retain from each progress payment ten percent (10%) of the amount thereof. Such retainage shall be retained until Final Completion and satisfaction of all conditions for Final Payment. It is understood, however, that in case the whole Work be near to completion, as certified by the ENGINEER, and some unexpected or unusual delay occurs, through no neglect or fault on the part of the CONTRACTOR, the OWNER may, upon written recommendation of the ENGINEER, pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR, at the OWNER'S option, may be relieved of the obligation to fully complete the Work, and thereupon, the CONTRACTOR shall receive, at the OWNER'S option, payment of the balance due him under the Contract for Work completed in accordance with the Contract Documents, subject to OWNER's rights to otherwise withhold or retain payments, and subject to the conditions set forth under "6.08 FINAL PAYMENT." The Owner at its option and in compliance with Texas law may reduce retainage to less than the above-stated percentages. 07/2006 00700 - 20 of31 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6.07 USE OF COMPLETED PORTIONS & PUNCHLIST. The OWNER shall have the right to take possession of and use any completed or partially completed portions of the Work, notwithstanding that the time for completing the entire work or such portions may not have expired; but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the Work, the CONTRACTOR shall promptly and within three (3) days of OWNER's taking possession, give OWNER written notice of same, and CONTRACTOR may be entitled to such extra compensation or extension of time, or both, as may be determined in accordance with the provisions of this Agreement. The CONTRACTOR shall notify the ENGINEER, by letter executed by a duly qualified officer of CONTRACTOR, that in CONTRACTOR's opinion, the Contract is "Substantially Completed". Upon receipt of such notice, the ENGINEER and the CONTRACTOR shall jointly perform a walk-through and inspection of the Work, and shall prepare a detailed list of unfinished, incomplete, defective and/or non-conforming Work ("Punchlist"). If the ENGINEER determines that the Work has been Substantially Completed in accordance with the Contract Documents, the ENGINEER shall issue to the OWNER and the CONTRACTOR a Certificate of Substantial Completion. Upon Substantial Completion of the Work, OWNER shall assume responsibility for security, maintenance, utilities and damage to the Work, except as otherwise provided in the Certificate of Substantial Completion. Neither the Substantial Completion of the Work, nor the omission of an item from the Punchlist, shall excuse the CONTRACTOR from performing all of the Work undertaken, whether of a minor or major nature, and thereby completing the Work in accordance with the Contract Documents. The Certificate of Substantial Completion shall establish the time period within which CONTRACTOR shall complete the Work. 6.08 FINAL PAYMENT. Final payment of the Retainage withheld from the Contract Price shall be made by the OWNER to the CONTRACTOR at such time as: (a) the Work, including all Change Orders and including all Punchlist work, has been fully completed in strict accordance with the Contract Documents; (b) the Contract has been fully performed except for the CONTRACTOR's responsibility to correct nonconforming Work during the warranty period set forth in the Contract Documents, and to satisfy other requirements, if any, which necessarily survive final payment; (c) CONTRACTOR delivers to OWNER a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days prior written notice has been given to OWNER; (d) CONTRACTOR delivers to OWNER a Consent of Surety, if any, to final payment; (e) CONTRACTOR delivers to OWNER a complete set of As-Built Drawings, reflecting all deviations from the Plans, Specifications and approved shop drawings in the Work actually constructed, and delivers all maintenance and operating manuals and/or instructions; 07/2006 00700 - 21 of 31 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (f) CONTRACTOR delivers to OWNER all building certificates required prior to occupancy and all other required inspections I approvals I acceptances by city, county, state governmental entities or other authorities having jurisdiction; (g) CONTRACTOR delivers to OWNER assignments of all guarantees and warranties from subcontractors, vendors, suppliers or manufacturers, as well as names, addresses and telephone numbers of contacts for each subcontractor, vendor, supplier or manufacturer; (h) CONTRACTOR removes all equipment, tools, temporary facilities, surplus materials and rubbish from the site, and final cleans the site to OWNER's satisfaction; (i) CONTRACTOR delivers to OWNER a Full and Final Release and Affidavit of Bills Paid in the form attached hereto as Attachment No.2, executed by CONTRACTOR; G) CONTRACTOR delivers to OWNER all other documentation required to be submitted to OWNER pursuant to the Contract Documents, including but not limited to any special guarantees or warranties, in each case in a form satisfactory to OWNER as determined in OWNER's sole discretion; and (k) the Final Application for Payment has been approved by the ENGINEER and OWNER. Acceptance of Final Payment by the CONTRACTOR shall constitute a waiver of all claims by CONTRACTOR against OWNER other than any claims previously made in writing by CONTRACTOR against OWNER, and still unsettled, and except for claims arising out of third party actions, cross-claims and counterclaims. No interest shall be due or payable by OWNER to CONTRACTOR on any sums retained or withheld by OWNER pursuant to the terms or provisions of the Contract Documents, except as otherwise provided by applicable law. Neither the Certificate of Substantial Completion nor the Final Payment nor possession or acceptance of the Work shall relieve the CONTRACTOR of its obligation for correction of defective or non- conforming Work, or for fulfillment of any warranty, which may be required by law or by the Contract Documents. 6.09 CORRECTION OF WORK BEFORE FINAL PAYMENT. The CONTRACTOR shall promptly remove from OWNER's premises all materials, equipment or Work which is defective or otherwise not in conformance with the Contract Documents, whether actually incorporated in the Work or not, and CONTRACTOR shall, at his own expense, promptly replace such materials, equipment or Work with other materials conforming to the requirements of the Contract. The CONTRACTOR shall also bear the expense of restoring all work of CONTRACTOR or other contractors damaged by any such removal or replacement. If CONTRACTOR does not remove and replace any such unsuitable Work within a reasonable time after receipt of a written notice from the OWNER or the ENGINEER, the OWNER may remove, replace and remedy such work at CONTRACTOR's expense. 6.10 CORRECTION OF WORK AFTER FINAL PAYMENT. If within one (1) year from the date of Substantial Completion or such longer period of time as may be prescribed by law 07/2006 00700 - 22 of 31 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, CONTRACTOR shall, at its sole cost, correct it and any other work affected thereby promptly after receipt of a written notice from OWNER to do so. In addition, CONTRACTOR shall be responsible for any damage to building contents, when such damage results from the CONTRACTOR's use of faulty materials or defective workmanship, to the extent such damage is not covered by OWNER's insurance. This warranty period shall renew and recommence for each corrected item of Work upon completion of the remedial work. This time period for correction by CONTRACTOR is in addition to, and not in lieu of, all warranties or remedies, which exist at common law or by statute. These warranty obligations shall survive the termination of this Contract, and shall be enforceable by a decree of specific performance, in addition to such other rights and remedies available to OWNER at law or in equity. 6.11 PAYMENTS WITHHELD. The OWNER may withhold, or on account of subsequently discovered evidence nullify and demand immediate repayment of, the whole or part of any certificate for payment or payment, to such extent as may be necessary to protect OWNER from loss on account of: (a) Defective or non-conforming Work not remedied; (b) Claims filed or reasonable evidence indicating probable filing of claims; (c) Failure of the CONTRACTOR to make payments promptly to subcontractors or for material or labor; (d) Damage to another contractor, OWNER, existing improvements on the site, or to adjacent or adjoining property; (e) Reasonable doubt that the Work can be completed for the unpaid balance of the Contract amount; (f) Reasonable indication that the Work will not be completed within the Contract Time; (g) Failure on the part of the CONTRACTOR to execute any and all documents, releases or other documents presented to the CONTRACTOR for execution, as provided for herein or otherwise; (h) Liquidated or other damages due to late completion; and/or (i) Any breach by CONTRACTOR of this Contract or any other agreement between OWNER and CONTRACTOR. When the above grounds are removed to OWNER's satisfaction, the withheld payment shall be made promptly. If the said causes are not so remedied, OWNER may remedy the same for CONTRACTOR's account, charge the entire cost thereof to CONTRACTOR and deduct such cost from the Contract Sum or from any payments due or to become due under any other agreement between OWNER and CONTRACTOR. 07/2006 00700 - 23 of31 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6.12 DELAYED PAYMENTS. Should the OWNER fail to make payment to the CONTRACTOR when payment is due in accordance with the terms of the Contract Documents, any interest due CONTRACTOR for late payments shall accrue and be paid in accordance with the provisions of Chapter 2251 of the Texas Government Code, as amended, and payment of such interest shall fully liquidate and compensate any injury to the CONTRACTOR growing out of such delay in payment. Should OWNER fail to pay CONTRACTOR an undisputed amount due within the time limits provided in the Contract or applicable law, CONTRACTOR shall give the notice required and comply with the provisions of Section 2251.051 of the Texas Government Code, and shall thereupon be entitled to the rights and remedies provided therein. 7.0 EXTRA WORK AND CLAIMS 7.01 CHANGE ORDERS. Without invalidating this Agreement, the OWNER may, at any time or from time to time, order additions, deletions or revisions to the Work; such changes will be authorized by Change Order to be prepared by the ENGINEER for execution by the OWNER and the CONTRACTOR. The Change Order shall set forth the basis for any change in Contract Price, as hereinafter set forth for Extra Work, and any change in Contract Time, which may result from the change. 7.02 MINOR CHANGES. The ENGINEER may authorize minor changes in the Work not inconsistent with the overall intent of the Contract Documents and not involving an increase in Contract Price or time. If the CONTRACTOR believes that any minor changes authorized by the ENGINEER involves Extra Work or entitles him to an increase in the Contract Price or the Contract Time, the CONTRACTOR shall give notice of same by written request to the ENGINEER for a written Work Order, with a copy to OWNER. Any such notice and request by the CONTRACTOR shall be given prior to beginning the changed work. CONTRACTOR's commencement of any minor change in the Work prior to such written notice and request shall constitute a waiver of any and all claims for an increase in the Contract Price or the Contract Time arising out of or related to such changed work. 7.03 EXTRA WORK. It is agreed that the CONTRACTOR shall perform all work under the direction of the ENGINEER when presented with a written Change Order, Work Change Directive or Work Order signed by the ENGINEER, subject, however, to the right of the CONTRACTOR to require written confirmation of such Change Order, Work Change Directive or Work Order by the OWNER. It is agreed that the basis of compensation or adjustment to the CONTRACTOR for work either altered, added or deleted by a Change Order or Work Change Directive, or for which a claim for Extra Work is made, shall be determined by one or more of the following methods: Method (A) - By Contract unit prices applicable to the work, if any; or Method (B) _ By agreed unit prices or agreed stipulated lump sum price; or Method (C) - If neither Method (A) nor Method (B) be agreed upon before the Extra Work is commenced, then the CONTRACTOR shall be paid the "Actual Field Cost" of the work, plus fifteen percent (15%), as full and final compensation for the Extra Work and all costs and expenses, direct or indirect, arising out of or related thereto. 07/2006 00700 - 24 of31 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT In the event said Extra Work or Change Order or Work Change Directive work is performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "Actual Field Cost" is hereby defined as the cost to the CONTRACTOR of all workers, such as foremen, timekeepers, mechanics and laborers, and materials, supplies, trucks, rentals of machinery and equipment, for the time actually employed or used on such alleged Extra Work or Change Order or Work Change Directive work, plus actual transportation charges necessarily incurred together with all power, fuel, lubricants, water and similar operating expenses, plus all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security, Old Age Benefits and other payroll taxes, and a rateable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation, and all other insurance as may be required by law or ordinance, or the Contract Documents, plus all payments to subcontractors for such work. The ENGINEER may direct the form in which accounts of the "Actual Field Cost" shall be kept and the records of these accounts shall be made available to the ENGINEER. The ENGINEER or OWNER may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the CONTRACTOR. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using one hundred percent (100%), unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America where practicable. The fifteen percent (15%) of the "Actual Field Cost" to be paid to the CONTRACTOR, shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the "Actual Field Cost" as herein defined, save that where the CONTRACTOR's field office must be maintained solely on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "Actual Field Cost." No claim for Extra Work of any kind will be allowed unless ordered by the ENGINEER in a written Work Order. In case any orders or instructions, either oral or written, appear to the CONTRACTOR to involve Extra Work for which he should receive compensation or an adjustment in the Contract Time, he shall make written request to the ENGINEER for a written Work Order authorizing such Extra Work within ten (10) days of ENGINEER's orders or instructions, otherwise the orders or instructions will be considered minor changes. The issuance of a Work Order by the ENGINEER shall not constitute or be construed as an agreement or acknowledgement by the ENGINEER that the work which is the subject of the Work Order is Extra Work outside the scope of the Contract Work, but shall merely constitute a direction to the CONTRACTOR to perform the work, and the CONTRACTOR shall proceed with the work, and shall keep an accurate account of the "Actual Field Cost" thereof, as provided under Method (C). Upon completion of the alleged Extra Work, the CONTRACTOR shall promptly and within ten (10) days submit his claim to the ENGINEER by proper certification and attestation, on forms provided by the ENGINEER. The ENGINEER shall render a written decision on CONTRACTOR's claim within ten (10) days. It is mutually agreed between the parties that the ENGINEER's decision on all claims or questions in relation to the Work, CONTRACTOR's performance of the Work, any changes in the Work or Extra Work, the Contract Price and/or the Contract Time, shall be final and conclusive and binding upon the parties. If the ENGINEER shall fail to respond in writing to CONTRACTOR's claim within thirty (30) days of the date of submission, or if CONTRACTOR shall dispute or object to ENGINEER's decision on any claim, and CONTRACTOR fails to file a Request for Mediation of such claim in accordance with the provisions of Article 9.0, within sixty (60) days after the date of submission to the OWNER, or 07/2006 00700 - 25 of 31 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT such longer period as the parties may agree to in writing, the CONTRACTOR shall lose and forfeit his right to make such claim for Extra Work at any later date, and all such claims held by the CONTRACTOR shall be deemed waived, forfeited and forever barred. CONTRACTOR shall continue to diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. 7.04 TIME OF FILING CLAIMS. Except as otherwise provided herein, all questions of dispute or adjustment shall be in writing and filed with the ENGINEER within three (3) days after the ENGINEER has given any directions, order or instruction to which the CONTRACTOR desires to take exception. The ENGINEER shall reply within thirty (30) days to such written exceptions, and render his final decision in writing. It is mutually agreed between the parties that the ENGINEER's decision on all claims or questions in relation to the Work, CONTRACTOR's performance of the Work, any changes in the Work or Extra Work, the Contract Price and/or the Contract Time, shall be final and conclusive and binding upon the parties. In case the CONTRACTOR should desire to appeal from the ENGINEER's decision, the CONTRACTOR may request a meeting between representatives of the OWNER and the CONTRACTOR for the purposes of appealing the ENGINEER's decision directly to the OWNER, such meeting to occur within ten (10) days after the date of the CONTRACTOR's request, or such longer period as may be agreed to by the parties in writing. If the CONTRACTOR shall still be aggrieved after a meeting with the OWNER and/or his representative, the CONTRACTOR shall have sixty (60) days after the date of the meeting, or such longer period as the parties may agree to in writing, to file a Request for Mediation of such claim in accordance with the provisions of Article 9.0. In the event the CONTRACTOR shall fail, for any reason, to timely file a Request for Mediation, the OWNER shall be released of any and all liability, and the CONTRACTOR's failure to timely file a Request for Mediation shall constitute a waiver, forfeit and final bar of all such claims held by the CONTRACTOR against the OWNER. CONTRACTOR shall continue to diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. 8.0 DEFAULT 8.01 DEFAULT BY CONTRACTOR. In case the CONTRACTOR should abandon and fail or refuse to resume Work within five (5) days after written notification from the OWNER or the ENGINEER, or if the CONTRACTOR fails to comply with the orders of the ENGINEER when such orders are consistent with the Contract Documents, or if the CONTRACTOR otherwise defaults on its obligations under the Contract, OWNER shall have the right, if it so elects and without prejudice to any other rights it may have, after giving five (5) days written notice of default to CONTRACTOR and any surety, to terminate the Contract or any part thereof and/or to take over or cause others to take over the Work or any part thereof, and to complete such Work for the account of CONTRACTOR. Where Performance and Payment Bonds exist, the sureties on these bonds shall be directed to complete the Work in conjunction with the notice of default, and a copy of said notice shall be delivered to the CONTRACTOR. After receiving said notice of default, the CONTRACTOR shall promptly and within no more than three (3) days, remove from the Work any machinery, equipment, or tools then on the job, not intended for incorporation into the Work. Should CONTRACTOR fail to promptly remove such machinery, equipment or tools, OWNER may remove such machinery, equipment or tools and store same at CONTRACTOR's expense; return such machinery, equipment or tools to their purported owner; or otherwise dispose of such machinery, equipment or tools as OWNER sees fit. 07/2006 00700 - 26 of 31 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Any materials, supplies and/or equipment delivered for use in the Work, may be used in the completion of the Work by the OWNER or the surety on the Performance Bond, or another contractor in completion of the Work; it being understood that the use of such equipment, supplies and materials will ultimately reduce the cost to complete the Work and be reflected in the final settlement. Where there is no Performance Bond or in case the surety should fail to commence compliance with the notice for completion hereinabove provided for within ten (10) days after the service of such notice, then the OWNER may provide for completion ofthe Work in either of the following elective manners: (a) The OWNER may thereupon employ such force of workers and use such machinery, equipment, tools, materials and supplies as the OWNER may deem necessary to expeditiously complete the Work, and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the OWNER out of such monies as may be due or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement or any other agreement between OWNER and CONTRACTOR. In case such expense is less than the sum which would have been payable under this Contract if the same had been completed by the CONTRACTOR, then said CONTRACTOR shall be credited with the difference. In case such expense is greater than the sum which would have been payable under this Contract if the same had been completed by such CONTRACTOR, then the CONTRACTOR and/or his surety shall promptly pay the amount of such excess to the OWNER upon demand; or (b) The OWNER, under sealed bids, under the times and procedures provided for by law, may let the contract for completion of the Work under substantially the same terms and conditions which are provided in this Contract. In case of any increase in cost to the OWNER under the completion contract, as compared to what would have been the cost under this Contract, such increase shall be charged to the CONTRACTOR, and the amount of such increase may be deducted by the OWNER out of such monies as may be due or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement or any other agreement between OWNER and CONTRACTOR, or the CONTRACTOR and/or his surety shall promptly pay the amount of such increase to the OWNER upon demand. However, should the cost to complete any such completion contract prove to be less than what would have been the cost to complete under this Contract, the CONTRACTOR and/or his surety shall be credited therewith. In the event of a default by CONTRACTOR, no further payments shall be made to CONTRACTOR under the Contract until the Work is Finally Completed. When the Work shall have been Finally Completed, the CONTRACTOR and his surety shall be so notified. A complete itemized statement of the Contract accounts, certified by the ENGINEER as being correct, shall then be prepared and delivered to the CONTRACTOR and his surety, whereupon the CONTRACTOR and/or his surety shall pay the balance due as reflected by said statement. The OWNER, prior to incurring an obligation to make payment hereunder, shall have such statement of completion attested to by the CONTRACTOR and the surety as accurate, and in exchange for payment of the sum stated therein, the OWNER shall be entitled to a full and final release of any claims or demands by the CONTRACTOR or the surety. 07/2006 00700 - 27 of 31 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the OWNER had the work been completed by the CONTRACTOR under the terms of this Contract, or when the CONTRACTOR and/or his surety shall pay the balance shown to be due by them to the OWNER, then all machinery, equipment, tools or supplies left on the site of the Work shall be turned over to the CONTRACTOR and/or his surety. Should the cost to complete the Work exceed the Contract Price, and the CONTRACTOR and/or his surety fail to pay the amount due the OWNER within the time designated above, and there remains any machinery, equipment, tools, materials or supplies which are the property of CONTRACTOR on the site of the Work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the CONTRACTOR and his surety at the respective addresses designated in the Contract, provided, however, that actual written notice given in any manner will satisfy this condition. After mailing or other giving of such notice, such property shall be held at the risk of the CONTRACTOR and his surety, subject only to the duty of the OWNER to exercise ordinary care to protect such property. After fifteen (15) days from the date of such notice, the OWNER may sell such property, equipment, tools, materials or supplies, and apply the net sum derived from such sale to the credit of the CONTRACTOR and his surety. Such sale may be made at either public or private sale, with or without notice, as the OWNER may elect. The OWNER shall release any machinery, equipment, tools, materials or supplies, which remain on the Work, and belong to persons other than the CONTRACTOR or his surety, to their reputed owners. 8.02 SUPPLEMENTATION OF CONTRACTOR FORCES. If CONTRACTOR at any time shall, in OWNER'S sole opinion, fail to furnish skilled workers, suitable materials, supplies or adequate equipment sufficient for the prompt, timely and diligent prosecution of the Work in accordance with OWNER's direction, OWNER shall have the right, without prejudice to the exercise of other remedies for the same default and without fully taking over the Work, to supplement CONTRACTOR's forces and to expedite delivery of and to procure and furnish such workers, materials, tools, supplies or equipment for CONTRACTOR's account by employing other contractors and suppliers engaged in the same class of work and charge the entire cost thereof to CONTRACTOR, said cost to be deducted from sums due or to become due to CONTRACTOR under the Contract or any other agreement with OWNER or any parent, subsidiary or affiliate of OWNER. 8.03 CUMULATIVE REMEDIES & SPECIFIC PERFORMANCE. All rights and remedies of OWNER, under the terms of the Contract and/or available at law or in equity, are cumulative. In the event CONTRACTOR or any of its subcontractors, vendors or suppliers fails or refuses for any reason to provide timely manufacture, fabrication, delivery, installation, erection, construction or completion of any supplies, materials, expendables, equipment, machinery, accessories or appurtenances to be furnished hereunder, CONTRACTOR acknowledges and agrees that such items are required, necessary, essentially unique to the Project and the Work and will cause irreparable harm to OWNER and the Project if not furnished in accordance with the Contract, and OWNER shall have the right to obtain a decree of specific performance and mandatory injunctive relief from any Court of competent jurisdiction to ensure the timely furnishing of such items. 8.04 CROSS-DEFAULT. If, for any reason, CONTRACTOR is declared in default and/or terminated by OWNER under any other agreement with OWNER, whether related to the Project or not related to the Project, OWNER shall have the right to offset and apply any amounts 07/2006 00700 - 28 of 31 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT which might be owed to OWNER by CONTRACTOR under any other such agreements against any earned but unpaid amounts owing to CONTRACTOR by OWNER under the Contract, any retainage earned by CONTRACTOR under the Contract or any unearned, unpaid amount under the Contract. 8.05 INSOLVENCY. It is recognized that if CONTRACTOR becomes a debtor in voluntary or involuntary bankruptcy proceedings, makes a general assignment for the benefit of creditors, or if a receiver is appointed on account of his insolvency, such events could seriously impair or frustrate CONTRACTOR's performance of the Work. Accordingly, it is agreed that should CONTRACTOR become a debtor in bankruptcy, either voluntary or involuntary, CONTRACTOR shall notify OWNER in writing within twenty-four (24) hours of the filing with the bankruptcy court. Further, it is agreed that upon occurrence of anyone or more such events, OWNER shall be entitled to request of CONTRACTOR or its successors, trustees or receivers, adequate assurances of future performance. In the event such adequate assurances are not given to the reasonable satisfaction of OWNER within seventy-two (72) hours of such request, OWNER shall have the right to immediately invoke the remedies of this Section 8 or as provided by law. Pending receipt of such adequate assurances of such future performance, OWNER may proceed with the Work on a temporary basis and deduct the costs, plus reasonable overhead and profit, from any amounts due or which may become due to CONTRACTOR under the Contract or any other agreement with OWNER. In this regard, OWNER and CONTRACTOR agree that delays in performance could result in more damages to CONTRACTOR than would be sustained if OWNER failed to exercise such remedies. 8.06 CONTINGENT ASSIGNMENT. CONTRACTOR hereby assigns to OWNER, all of CONTRACTOR's rights under and interest in any and all subcontracts and/or purchase orders entered into by CONTRACTOR pursuant to this Agreement, such assignment to become effective upon CONTRACTOR's default under this Agreement or OWNER's termination of this Contract, and OWNER's acceptance of such assignment. Upon CONTRACTOR's default or OWNER's termination of this Contract, OWNER may, in the event there is no performance bond for the Contract, or in the event the performance bond surety fails to complete the Contract, or if OWNER otherwise so elects in its sole discretion, accept such assignment by written notice of such acceptance to CONTRACTOR and subcontractor, and may require subcontractors to perform all of the then unperformed duties and obligations under the subcontract, for the direct benefit of OWNER. In the event OWNER requires such performance by a subcontractor, then OWNER shall be obligated to pay such subcontractor any amounts due and owing under the terms of the subcontract/purchase order, at the subcontract prices and rates, and subject to any rights of withholding or offset and other terms and conditions of the subcontract, for all work properly performed by such subcontractor, to the date of OWNER's acceptance and thereafter. OWNER's liability in this connection, however, shall not exceed the amount obtained by subtracting all payments made by CONTRACTOR to subcontractor from the Subcontract Price at the time of CONTRACTOR's default or OWNER's termination of CONTRACTOR. CONTRACTOR shall include a provision in its subcontracts that allows such assignment and allows OWNER to take these actions, and further provides that in the event of CONTRACTOR's termination for default, the subcontractor agrees to give the OWNER or its agent the right to inspect all books and records of subcontractor relating to the Work. 8.07 WANER OF CONSEQUENTIAL DAMAGES. CONTRACTOR expressly waives any and all claims for consequential damages against OWNER arising out of or related to this Contract, or any other agreements between CONTRACTOR and OWNER, including, but not 07/2006 00700 - 29 of 31 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT limited to, claims for damages incurred by CONTRACTOR for principal office expenses, including the compensation of personnel stationed there, losses of financing, bonding capacity, business and reputation, and claims for lost profit, whether on this Contract or otherwise. 8.08 TERMINATION FOR CONVENIENCE. OWNER may at its sole discretion, upon five (5) days written notice to CONTRACTOR, terminate this Contract, in whole or in part, if and when OWNER determines that it is in the best interest of OWNER to do so. Upon receipt of such written notice from OWNER, CONTRACTOR shall cease all terminated Work and take reasonable precautions to protect and preserve such work, and shall take all reasonable measures after consultation with OWNER to terminate or assign to OWNER all subcontracts, purchase orders or other commitments related to the Work or the Project on terms and conditions acceptable to OWNER. CONTRACTOR will be paid for all Work performed in strict accordance with the Contract Documents, based upon the Contract Price and the percentage of completion on the date of termination, and less amounts previously paid, subject to any reasonable backcharges attributable to CONTRACTOR's failure to comply with any of the provisions of this Contract and further subject to the other terms of this Contract regarding payment. In no event will CONTRACTOR receive or be entitled to any payment or compensation whatsoever for interruption of business or loss of business opportunities, any other items of consequential damages, for overhead or loss of profits on the unperformed Work and/or services and unfurnished materials or for any intangible, impact or similarly described cost, damages or expense, and under no circumstances shall the total sum paid to or received by CONTRACTOR under this Contract exceed the Contract Price. The compensation provided herein shall be CONTRACTOR's sole and exclusive remedy arising out of a termination for convenience. 8.09 DEFAULT BY OWNER. In case the OWNER shall default on its material obligations under this Contract, other than OWNER's failure to pay CONTRACTOR an undisputed amount due within the time limits provided in the Contract or applicable law, as addressed by Section 6.13 of this Agreement, and shall fail or refuse to cure, or to commence and diligently pursue cure of such default within fifteen (15) days after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the Work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of the Work that have not been included in payments to the CONTRACTOR and have not been incorporated into the Work. And thereupon, the ENGINEER shall make an estimate of the total amount earned by the CONTRACTOR, which estimate shall include the value of all Work actually completed by said CONTRACTOR (at the Contract Prices), the value of all partially competed Work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this Contract, and a reasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole Work to completion and which cannot be utilized. The ENGINEER shall then make a final statement of the balance due the CONTRACTOR by deducting from the above estimate all previous payments by the OWNER and all other sums that may be retained by the OWNER under the terms of this Agreement, and shall present the same to the OWNER, and OWNER's payment of said sum to the CONTRACTOR, on or before thirty (30) days after OWNER's receipt of such statement, shall satisfy any and all rights, claims or causes of action of CONTRACTOR arising out of or related to such default by OWNER, and shall be CONTRACTOR's sole and exclusive remedy for such default. A disputed or unilateral claim by the Contractor cannot by itself constitute a default hereunder. 07/2006 00700 - 30 of31 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 9.0 DISPUTE RESOLUTION Any dispute or pending claim or dispute resolution process between OWNER and CONTRACTOR shall not excuse or relieve CONTRACTOR of its obligations under the Contract, and CONTRACTOR shall diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. All claims, disputes and other matters in question arising out of or relating to, the Contract, or the breach thereof, shall be subject to mediation as a condition precedent to any other dispute resolution process as may be selected by OWNER. Unless mutually agreed otherwise the mediation shall be conducted by a third party who will be selected by agreement between OWNER and CONTRACTOR, and Request for Mediation shall be filed with the other party. The parties shall share the mediator's fee and any filing fees equally. If a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the work of a subcontractor or supplier, OWNER or CONTRACTOR may join such subcontractor or supplier as a party to any mediation proceeding between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts and/or purchase orders related to the Work a specific provision whereby the subcontractor or supplier consents to being joined in mediation between OWNER and CONTRACTOR involving the work of such subcontractor or supplier. This Contract shall be governed by the laws of the State of Texas and shall be considered performable in Brazoria County, Texas, for venue purposes. Further, the OWNER and CONTRACTOR stipulate that venue for any dispute resolution proceeding involving or touching upon the Contract other than the conduct of an arbitration hearing shall be in Brazoria County, Texas, or, if such choice of venue is prohibited or unenforceable by law, shall be held in the county where the Project is located. CONTRACTOR agrees to pay OWNER all reasonable attorneys' fees incurred by OWNER in the event OWNER seeks to enforce any provision of this Contract whether by arbitration or other dispute resolution process. Further, in the event OWNER defends any claim instituted by CONTRACTOR against OWNER, whether in arbitration or other dispute resolution process, CONTRACTOR agrees to pay OWNER all reasonable attorneys' fees incurred by OWNER in defending such claim provided OWNER is the prevailing party, in whole or in part, in such proceeding. 07/2006 00700 - 31 of 31 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO.1 TO GENERAL CONDITIONS WORKERS' COMPENSATION INSURANCE COVERAGE A. DEFINITIONS: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC81, TWCC-82, TWCC-83 or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project for the duration of the Project. Duration of the Project -includes the time from the beginning of the Work on the Project until the contractor's/person's work on the Project has been completed and the Project warranty period has expired. Persons providing services on the project includes persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with due contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, motor carriers and owner- operators, (as defined at Section 406.121 of the Texas Labor Code), leasing companies, and employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Title 5 Workers' Compensation, Subtitle A Texas Workers' Compensation Act, for employees of the contractor providing services on the project, for the duration of the project. C. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the Contract. D. If the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the duration of the project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. E. The CONTRACTOR shall obtain from each subcontractor or other person providing services on a project, and provide to the OWNER: (I) a certificate of coverage, prior to that person beginning work on the Project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 07/2006 00700 - Al CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (2) no later than seven days after receipt by the CONTRACTOR and prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The CONTRACTOR shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within 10 days after the CONTRACTOR knew or should have known, of any changes that materially affect the provision of coverage of any person providing services on the Project. H. The CONTRACTOR shall post on each Project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. NOTICE REQUIRED WORKERS ' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512) 440- 3 789 to receive information on the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." I. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, too: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Title 5 Workers' Compensation, Subtitle A Texas Workers' Compensation Act, for all of its employees providing services on the Project, for the duration of the Project; (2) provide to the CONTRACTOR, prior to that person beginning work on the Project, a certificate of coverage showing that coverage is being provided for all employees ofthe person providing services on the project, for the duration ofthe Project: 07/2006 00700 - A2 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (3) provide the CONTRACTOR, prior to the end ofthe coverage period, a new certificate of coverage, showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; (4) obtain from each other person with whom it contracts, and provide to the CONTRACTOR: (a) a certificate of coverage, prior to the other person beginning work on the Proj ect; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; (5) retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; (6) notify the OWNER in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage, the CONTRACTOR is representing to the OWNER that all employees of the CONTRACTOR who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage agreements will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The CONTRACTOR's failure to comply with any of these provisions is a breach of contract by the CONTRACTOR, which entitles the OWNER to pursue all rights and remedies available to it under the Contract, at law or in equity, if the CONTRACTOR does not remedy the breach within ten days after receipt of notice of breach from the OWNER. 07/2006 00700 - A3 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO.2 TO GENERAL CONDITIONS AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S SWORN RELEASE In consideration of the Final Payment under that certain contract between (hereafter "CONTRACTOR") and the City of Pearland (hereafter "OWNER") for the Project known as Kirby & Cullen Traffic Signals at Kirby @ Beltway 8 & Cullen @ Fite Road (the "Contract"), the CONTRACTOR makes the following representations to OWNER, either individually if a proprietorship, or jointly and severally by all general partners if a partnership, or if a corporation, by action of the president and secretary of said corporation, as duly authorized by appropriate action of the stockholders and/or board of directors of said corporation, their signatures hereon constituting a representation under oath by said individuals that they have the authority to execute this Agreement for and on behalf of the said corporation: 1. The undersigned CONTRACTOR represents to OWNER that the Application for Payment for the Final Payment under the Contract, and the final Change Order issued under the Contract if any, whether or not modified, corrected or changed in some way by the ENGINEER, the CONTRACTOR or the OWNER, a copy of which are attached hereto and marked Exhibit "A", are true, correct and accurate, and that CONTRACTOR has received payment in full for all other Applications for Payment submitted under the Contract, and that CONTRACTOR has been fully compensated for all labor, materials, equipment and/or services furnished in connection with the Contract, except for the Final Payment. 2. It is agreed and stipulated by the undersigned CONTRACTOR that upon the receipt of Final Payment in the amount as set out on the attached Application for Payment, the CONTRACTOR, by execution of this instrument of release, does, therefore, RELEASE and FOREVER DISCHARGE OWNER of and from all manner of debts, claims, demands, obligations, suits, liabilities and causes of action of any nature whatsoever, at law or in equity, in contract or in tort, now existing or which may hereafter accrue, arising out of or related to the Contract, any Change Orders or Work Orders, the Work, or any labor, materials, equipment or services furnished by CONTRACTOR to OWNER. 3. The CONTRACTOR, acting by and through the person or persons whose names are subscribed hereto, does solemnly swear and affirm that all bills and claims have been paid to all materialmen, suppliers, laborers, subcontractors, or other entities performing services or supplying materials or equipment, and that OWNER shall not be subject to any bills, claims, demands, litigation or suits in connection therewith. 4. It is further specifically understood and agreed that this Agreement for Final Payment and Contractor's Sworn Release shall constitute a part of the Contract, and it is also specifically understood and agreed that this Agreement shall not act as a modification, waiver or renunciation by OWNER of any of its rights or remedies as set out in the Contract itself, but this Agreement for Final Payment and Contractor's Sworn Release shall constitute a supplement thereto for the additional protection of OWNER. 07/2006 00700 - BI CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT SIGNED and EXECUTED this, the _ day of ,2006. CONTRACTOR: By: Signature Pint Name: Title: [If CONTRACTOR is a proprietorship, owner must sign; if a partnership, each general partner must sign; if a corporation, the following language should be used.] SIGNED and EXECUTED this, the day of 2006 by , a Texas corporation, under authority granted to the undersigned by said corporation as contained in the Charter, By-Laws or Minutes of a meeting of said corporation regularly called and held. CONTRACTOR: By: President ATTEST: Corporate Secretary (Corporate Seal) [This form is for use by either a proprietorship or a partnership. In the event CONTRACTOR is a partnership or a joint proprietorship, additional signature lines should be added for each individual. ] 07/2006 00700 - B2 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT AFFIDAVIT STATE OF TEXAS S COUNTY OF s BEFORE ME, the undersigned authority, on this day personally appeared the person or persons whose name(s) are subscribed to the above and foregoing Agreement for Final Payment and Contractor's Sworn Release, who each, after being by me duly sworn, on their oaths deposed and said: I (We) am (are) the person(s) who signed and executed the above and foregoing Agreement for Final Payment and Contractor's Sworn Release, and I (we) have read the facts and statements as therein set out and the representations as made therein, and I (we) state that the above and foregoing are true and correct. CONTRACTOR - Affiant SWORN TO AND SUBSCRIBED TO before me, the day of 2006. Notary Public, State of Texas My Commission Expires: [This form is for use in the event CONTRACTOR is a corporation.] 07/2006 00700 - B3 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT AFFIDA VIT STATE OF TEXAS ~ COUNTY OF ~ BEFORE ME, the undersigned authority, on this day personally appeared the persons who signed and executed the above and foregoing Agreement for Final Payment mid Contractor's Sworn Release, whose names are set out above, who each, after being by me duly sworn, on their oaths deposed and said: We each are the persons whose names are subscribed above, and hold respectively the offices in the corporation as set out above, and each state under oath that we have the authority to execute this Agreement for Final Payment and Contractor's Sworn Release for and on behalf of said corporation, pursuant to authority granted to us in the Charter of said corporation, the By-Laws of said corporation and/or the Minutes of said corporation; and the facts, statements and representations as set out in the instrument to which this Affidavit is attached, are true and correct. SWORN TO AND SUBSCRIBED TO before me this, the _ day of 2006. Notary Public, State of Texas My Commission Expires: 07/2006 00700 - B4 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO.3 TO GENERAL CONDITIONS OWNER~S INSURANCE REQUIREMENTS OF CONTRACTOR 1. Defmitions. For purposes of this Agreement: 1.1 Owner Parties. "Owner Parties" means (a) the City of P earl and, its successors and assigns, and the Engineer, (b) any officers, employees, or agents of such persons or entities, and ( c) others as required by the Contract Documents, if any. 1.2 Contractor. "Contractor" shall mean the vendor providing the service or work to be performed under this Agreement. 1.3 Subcontractor. "Subcontractor" shall include subcontractors of any tier. 1.4 ISO. "ISO" means Insurance Services Office. 2. Contractor Insurance Representations to Owner Parties 2.1 It is expressly understood and agreed that the insurance coverages required herein: 2.1.1 represent Owner Parties' minimum requirements and are not to be construed to void or limit the Contractor's indemnity obligations as contained in this Agreement nor represent in any manner a determination of the insurance coverages the Contractor should or should not maintain for its own protection; and 2.1.2 are being, or have been, obtained by the Contractor in support of the Contractor's liability and indemnity obligations under this Agreement. Neither the requirements as to insurance to be carried as provided for herein, the insolvency, bankruptcy or failure of any insurance company carrying insurance of the Contractor, nor the failure of any insurance company to pay claims accruing, shall be held to affect, negate or waive any of the provisions of this Agreement. 2.2 Failure to obtain and maintain the required insurance shall constitute a material breach of, and default under, this Agreement. If the Contractor shall fail to remedy such breach within five (5) business days after notice by the Owner, the Contractor will be liable for any and all costs, liabilities, damages and penalties resulting to the Owner Parties from such breach, unless a written waiver of the specific insurance requirement(s) is provided to the Contractor by the Owner. In the event of any failure by the Contractor to comply with the provisions of this Agreement, the Owner may, without in any way compromising or waiving any right or remedy at law or in equity, on notice to the Contractor, purchase such insurance, at the Contractor's expense, provided that the Owner shall have no obligation to do so and if the Owner shall do so, the Contractor shall not be relieved of or excused from the obligation to obtain and maintain such insurance amounts and coverages. 3. Conditions Affectin2 All Insurance Required Herein 3.1 Cost of Insurance. All insurance coverage shall be provided at the Contractor's sole expense. 07/2006 00700 - CI CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 3.2 Status and Rating of Insurance Company. All insurance coverage shall be written through insurance companies authorized to do business in the state in which the work is to be performed and rated no less than A-: VII in the most current edition of A. M. Best's Key Rating Guide. 3.3 Restrictive, Limiting, or Exclusionary Endorsements. All insurance coverage shall be provided to the Owner Parties in compliance with the requirements herein and shall contain no endorsements that restrict, limit, or exclude coverage required herein in any manner without the prior express written approval ofthe Owner. 3.4 Limits of Liability. The limits of liability may be provided by a single policy of insurance or by a combination of primary and umbrella policies, but in no event shall the total limits of liability available for anyone occurrence or accident be less than the amount required herein. 3.5 Notice of Cancellation, Nonrenewal, or Material Reduction III Coverage. All insurance coverage shall contain the following express provision: In the event of cancellation, non-renewal, or material reduction in coverage affecting the certificate holder, thirty (30) days prior written notice shall be given to the certificate holder by certified mail or registered mail, return receipt requested. 3.6 Waiver of Subrogation. The Contractor hereby agrees to waive its rights of recovery from the Owner Parties with regard to all causes of property and/or liability loss and shall cause a waiver of subrogation endorsement to be provided in favor of the Owner Parties on all insurance coverage carried by the Contractor, whether required herein or not. 3.7 Deductible/Retention. Except as otherwise specified herein, no insurance required herein shall contain a deductible or self-insured retention in excess of $25,000 without prior written approval of the Owner. All deductibles and/or retentions shall be paid by, assumed by, for the account of, and at the Contractor's sole risk. The Contractor shall not be reimbursed for same. 4. Maintenance of Insurance. The following insurance shall be maintained in effect with limits not less than those set forth below at all times during the term of this Agreement and thereafter as required: 4.1 Commercial General Liability Insurance 4.1.1 Coverage. Such insurance shall cover liability arising out of all locations and operations of the Contractor, including but not limited to liability assumed under this contract (including the tort liability of another assumed in a business contract). Defense shall be provided as an additional benefit and not included within the limit ofliability. 4.1.2 Form. Commercial General Liability Occurrence form (at least as broad as an unmodified ISO CG 0001 0798 or its equivalent). 07/2006 00700 - C2 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.1.3 Amount of Insurance. Coverage shall be provided with limits of not less than: Each Occurrence Limit General Aggregate Limit Product-Completed Operations Aggregate Limit Personal and Advertising Injury Limit $1,000,000 $2,000,000 $2,000,000 $1,000,000 4.1.4 Required Endorsements a. Additional Insured. Additional insured status shall be provided in favor of the Owner Parties on any ofthe following: 1. ISO form CG 201011 85; or 11. ISO form CG 20 26 11 85; or 111. a combination of ISO forms CG 20 33 10 01 and CG 20 37 1001; or IV. any form providing equivalent protection to Owner. b. Designated Construction Proiect(s) Aggregate Limit. The aggregate limit shall apply separately to this Agreement through use of an ISO CG 25 03 03 97 endorsement or its equivalent. c. Notice of Cancellation, Nonrenewal or Material Reduction in Coverage, as required in 3.5, above. d. Personal Iniury Liability. The personal injury contractual liability exclusion shall be deleted. e. Primary and Non-Contributing Liabilitv. It is the intent of the parties to this Agreement that all insurance required herein shall be primary to all insurance available to the Owner Parties. The obligations of the Contractor's insurance shall not be affected by any other insurance available to the Owner Parties and shall seek no contribution from the Owner Parties' insurance, whether primary, excess contingent, or on any other basis. The Contractor's insurance coverage shall be endorsed to provide such primary and non-contributing liability. f. Waiver of Subrogation, as required in 3.6, above. 4.1.5 Continuing Commercial General Liabilitv Insurance. The Contractor shall maintain such insurance in identical coverage, form and amount, including required endorsements, for at least two (2) years following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to Owner stating Work completion date. 4.2 Auto Liability Insurance 4.2.1 Coverage. Such insurance shall cover liability arising out of any auto (including owned, hired, and non-owned). 4.2.2 Form. Business Auto form (at least as broad as an unmodified ISO CA 0001 or its equivalent). 07/2006 00700 - C3 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.2.3 Amount of Insurance. Coverage shall be provided with a limit of not less than $1,000,000. 4.2.4 Required Endorsements a. Notice of Cancellation, Nonrenewal or Material Reduction III Coverage, as required in 3.5, above. b. Waiver of Subrogation, as required in 3.6, above. 4.3 Employer's Liability Insurance 4.3.1 Coverage. Employer's Liability Insurance shall be provided as follows: 4.3.2 Amount of Insurance. Coverage shall be provided with a limit of not less than: Employer's Liability: $1,000,000 each accident and each disease. 4.3.3 Required Endorsements a. Notice of Cancellation, Nonrenewal or Material Reduction III Coverage, as required in 3.5, above. b. Waiver of Subrogation, as required in 3.6, above. 4.4 Umbrella Liability Insurance 4.4.1 Coverage. Such insurance shall be excess over and be no less broad than all coverages described above and shall include a drop-down provision for exhaustion of underlying limits. 4.4.2 Form. This policy shall have the same inception and expiration dates as the commercial general liability insurance required above. 4.4.3 Amount of Insurance. Coverage shall be provided with a limit of not less than $5,000,000. 4.4.4 Continuing Umbrella Liability Insurance. The Contractor shall maintain such insurance in identical coverage, form and amount, including required endorsements, for at least two (2) years following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to the Owner stating Work completion date. 4.5 Professional Liability Insurance 4.5.1 Coverage. The Contractor shall provide professional liability insurance for claims arising from the negligent performance of professional services of any type, including but not limited to design or design/build services as part of the Work to be performed. 07/2006 00700 - C4 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.5.2 Form. This insurance shall include prior acts coverage sufficient to cover all services rendered by the Contractor and by its consultants under this Agreement. It is recognized that this coverage may be provided on a Claims-Made basis. 4.5.3 Amount of Insurance. Coverage shall be provided with a limit of not less than $1,000,000. 4.5.4 Continuing Professional Liability Insurance. The Contractor shall maintain such insurance in identical coverage, form and amount for at least two (2) years following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to the Owner stating Work completion date. 4.6 Builder's Risk 4.6.1 Insureds. Insureds shall include: a. Owner, General Contactor and all Loss Payees and Mortgagees as Named Insureds; and b. subcontractors of all tiers in the Work as Additional Insureds. 4.6.2 Covered Property. Such insurance shall cover: 07/2006 a. all structure(s) under construction, including retaining walls, paved surfaces and roadways, bridges, glass, foundation(s), footings, underground pipes and wiring, excavations, grading, backfilling or filling; all temporary structures (e.g., fencing, scaffolding, cribbing, false work, forms, site lighting, temporary utilities and buildings) located at the site; all property including materials and supplies on site for installation; all property including materials and supplies at other locations but intended for use at the site; all property including materials and supplies in transit to the site for installation by all means of transportation other than ocean transit; and other Work at the site identified in the Agreement to which this Exhibit is attached. b. c. d. e. f. 00700 - C5 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.6.3 Form a. Coverage shall be at least as broad as an unmodified ISO Special form, shall be provided on a completed-value basis, and shall be primary to any other coverage insurance available to the insured parties, with that other insurance being excess, secondary and non- contributing. b. No protective safeguard warranty shall be permitted. c. Required coverage shall further include: 1. Additional expenses due to delay in completion of project (where applicable) 11. Agreed value 111. Damage arising from error, omission or deficiency in construction methods, design, specifications, workmanship or materials, including collapse IV. Debris removal additional limit v. Earthquake (where applicable) VI. Earthquake sprinkler leakage (where applicable) V11. Expediting expenses V111. Flood (where applicable) IX. Freezing x. Mechanical breakdown, including hot & cold testing (where applicable) Xl. Notice of cancellation, non-renewal or material reduction - 60 days prior written notice to each insured X11. Occupancy clause, as required in F, below X111. Ordinance or law XIV. Pollutant clean-up and removal xv. Preservation of property XVI. Replacement cost XV11. Theft XV111. Waiver of subrogation as required in G, below. $TBD Included without sub limit Included without sub limit 25% of direct damage loss $TBD $TBD $TBD $TBD Included without sub limit Included without sub limit Included Included Included without sublimit $TBD Included without sub limit Included Included without sublimit Included 4.6.4 Amount of Insurance. Coverage shall be provided in an amount equal at all times to the full replacement value and cost of debris removal for any single occurrence. 07/2006 00700 - C6 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.6.5 Deductib1es. Deductib1es shall not exceed the following: a. All Risks of Direct Damage, Per Occurrence, except Delayed Opening Waiting Period Flood, Per Occurrence $5,000 d. Earthquake and Earthquake Sprinkler Leakage, Per Occurrence 5 Days $25,000 or excess of NFIP if in Flood Zone A, B orV $25,000 b. c. 4.6.6 Termination of Coverage. The termination of coverage provision shall be endorsed to permit occupancy of the covered property being constructed so long as such occupancy does not exceed 20% of the usable area of the property. This insurance shall be maintained in effect, unless otherwise provided for in the Contract Documents, until the earliest of the following dates: a. the date on which all persons and organizations who are insureds under the policy agree that it shall be terminated; b. the date on which final payment, as provided for in the Agreement to which this Exhibit is attached, has been made; or c. the date on which the insurable interests in the Covered Property of all insureds other than Contractor have ceased. 4.6.7 Waiver of Subrogation. The waiver of subrogation prOVlSlon shall be endorsed as follows: a. A waiver of subrogation shall be provided in favor of all insureds. b. The waiver of subrogation provisions shall be endorsed as follows: Should a covered loss be subrogated, either in whole or in part, your rights to any recovery will come first, and we will be entitled to a recovery only after you have been fully compensated for the loss. 5. Intentionally left blank. 6. Evidence of Insurance 6.1 Provision of Evidence. Evidence of the insurance coverage required to be maintained by the Contractor, represented by certificates of insurance, evidence of insurance, and endorsements issued by the insurance company or its legal agent, and must be furnished to the Owner prior to commencement of Work and not later than fifteen (15) days after receipt of this Agreement. New certificates of insurance, evidence of insurance, and endorsements shall be provided to the Owner prior to the termination date of the current certificates of insurance, evidence of insurance, and endorsements. 07/2006 00700 - C7 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6.2 Form 6.2.1 All property insurance required herein shall be evidenced by ACORD form 28, "Evidence of Property Insurance". 6.2.2 All liability insurance required herein shall be evidenced by ACORD form 25, "Certificate ofInsurance". 6.3 Specifications. Such certificates of Insurance, evidence of Insurance, and endorsements shall specify: 6.3.1 The Owner as a certificate holder with correct mailing address. 6.3.2 Insured's name, which must match that on this Agreement. 6.3.3 Insurance companies affording each coverage, policy number of each coverage, policy dates of each coverage, all coverages and limits described herein, and signature of authorized representative of insurance company. 6.3.4 Producer of the certificate with correct address and phone number listed. 6.3.5 Additional insured status required herein. 6.3.6 Amount of any deductibles and/or retentions. 6.3.7 Cancellation, non-renewal and material reduction in coverage notification as required by this Agreement. Additionally, the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon Company, it agents or representatives" shall be deleted from the cancellation provision of the ACORD 25 certificate of insurance form. 6.3.8 6.3.9 6.3.10 6.3.11 Designated Construction Project Aggregate Limits required herein. Personal Injury contractual liability required herein. Primary and non-contributing status required herein. Waivers of subrogation required herein. 6.4 provided. Required Endorsements. A copy of each of the required endorsements shall also be 6.5 Failure to Obtain. Failure of any Owner Party to demand such certificate or other evidence of full compliance with these insurance requirements or failure of any Owner Party to identify a deficiency from evidence that is provided shall not be construed as a waiver of the Contractor's obligation to maintain such insurance. 6.6 Certified Copies. Upon request of any Owner Party, the Contractor shall provide to the Owner a certified copy of all insurance policies required herein within ten (10) days of any such request. Renewal policies, if necessary, shall be delivered to the Owner prior to the expiration of the previous policy. 6.7 Commencement of Work. Commencement of Work without provision of the required certificate of insurance, evidence of insurance and/or required endorsements, or without compliance with any other provision of this Agreement, shall not constitute a waiver by any Owner Party of any rights. The Owner shall have the right, but not the obligation, of prohibiting the Contractor or any subcontractor from performing any Work until such certificate of insurance, evidence of insurance and/or required endorsements are received and approved by the Owner. 7. Insurance ReQuirements of Contractor's Subcontractors 07/2006 00700 - C8 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 7.1 Insurance similar to that required of the Contractor shall be provided by all subcontractors (or provided by the Contractor on behalf of subcontractors) to cover operations performed under any subcontract agreement. The Contractor shall be held responsible for any modification in these insurance requirements as they apply to subcontractors. The Contractor shall maintain certificates of insurance from all subcontractors containing provisions similar to those listed herein (modified to recognize that the certificate is from subcontractor) enumerating, among other things, the waivers of subrogation, additional insured status, and primary liability as required herein, and make them available to the Owner upon request. 7.2 The Contractor is fully responsible for loss and damage to its property on the site, including tools and equipment, and shall take necessary precautions to prevent damage to or vandalism, theft, burglary, pilferage and unexplained disappearance of property. Any insurance covering the Contractor's or its subcontractor's property shall be the Contractor's and its subcontractor's sole and complete means or recovery for any such loss. To the extent any loss is not covered by said insurance or subject to any deductible or co-insurance, the Contractor shall not be reimbursed for same. Should the Contractor or its subcontractors choose to self insure this risk, it is expressly agreed that the Contractor hereby waives, and shall cause its subcontractors to waive, any claim for damage or loss to said property in favor of the Owner Parties. 8. Use of the Owner's Equipment. The Contractor, its agents, employees, subcontractors or suppliers shall use the Owner's equipment only with express written permission of the Owner's designated representative and in accordance with the Owner's terms and condition for such use. If the Contractor or any of its agents, employees, subcontractors or suppliers utilize any of the Owner's equipment for any purpose, including machinery, tools, scaffolding, hoists, lifts or similar items owned, leased or under the control of the Owner, the Contractor shall defend, indemnify and be liable to the Owner Parties for any and all loss or damage which may arise from such use. 9. Release and Waiver. The Contractor hereby releases, and shall cause its subcontractors to release, the Owner Parties from any and all claims or causes of action whatsoever which the Contractor and/or its subcontractors might otherwise now or hereafter possess resulting in or from or in any way connected with any loss covered by insurance, whether required herein or not, or which should have been covered by insurance required herein, including the deductible and/or uninsured portion thereof, maintained and/or required to be maintained by the Contractor and/or its subcontractors pursuant to this Agreement. 07/2006 00700 - C9 CITY OF PEARLAND SPECIAL CONDITIONS OF AGREEMENT Section 00800 SPECIAL CONDITIONS OF AGREEMENT The following Special Conditions modify the General Conditions, Document 00700. Where a portion of the General Conditions is modified or deleted by these Special Conditions, the unaltered portions of the General Conditions shall remain in effect. (Following are examples of Special Conditions. These must be developed specifically for each project. ) 1.01 Add the following paragraph to the end of Article 1.01: The OWNER'S representative on the project site is: , telephone 4.05 Add the following paragraph to Article 4.05: A Maintenance Bond in accordance with Document 00612 ofthe Project Manual is required for this Project. The cost of this bond shall be included in the CONTRACTOR'S Bid Proposal. Etc. END OF SECTION 07/2006 00800 - 1 of 1 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION Section 00811 WAGE SCALE FOR ENGINEERING CONSTRUCTION 1.01 In accordance with the Prevailing Wage law on Public Works (Article 2258 of the Texas Government Code), the public body awarding the contract does hereby specify the rates shown in Table 00811-A following to be the general prevailing rates in the locality in which the work is being performed. 1.02 This prevailing wage rate does not prohibit the payment of more than the rates stated. 1.03 The wage scale for engineering construction is to be applied to all site work greater than five (5) feet from an exterior wall of new building under construction or from an exterior wall of an existing building. 07/2006 00811 - 1 of2 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION Table 00811-A PREVAILING WAGE RATES FOR ENGINEERING CONSTRUCTION CLASSIFICATION RATE CLASSIFICATION RATE ASPHALT RAKER 8.28 ASPHALT PAVING MACHINE 10.05 ASPHALT SHOVELER 7.45 BROOM OR SWEEPER OPERATOR 8.01 BATCHING PLANT WEIGHER 11.11 BULLDOZER 9.91 CARPENTER 10.35 CONCRETE CURING MACHINE 8.80 CONCRETE FINISHER-PAVING 9.87 CONCRETE FINISHING MACHINE 11.79 CONCRETE FINISHER-STRUCTURES 9.86 CONCRETE JOINT SEALER 10.50 CONCRETE RUBBER 9.00 CONCRETE PAVING FLOAT 9.30 ELECTRICIAN 16.15 CONCRETE PAVING SAW 10.01 FLAGGER 6.66 CONCRETE PAVING SPREADER 9.32 FORM BUILDER (STRUCTURES) 9.96 SLIPFORM MACHINE OPERATOR 9.20 FORM LINER-PAVING & CURB 9.03 CRANE, CLAMSHELL, BACKHOE, 11.35 DERRICK, DRAGLINE, SHOVEL FORMSETTER (PAVING/CURB) 8.86 CRUSHER/SCREENING PLAN 11.00 FORM SETTER-STRUCTURES 9.05 FOUNDATION DRILL OPERATOR, 12.59 CRAWLER MOUNTED LABORER-COMMON 7.45 FOUNDATION DRILL OPERATOR 12.73 TRUCK MOUNTED LABORER-UTILITY 8.53 FRONT END LOADER 9.29 LINEPERSON 7.50 MILLING MACHINE OPERATOR 10.43 MANHOLE BUILDER (BRICK) 8.49 MIXER 7.94 MECHANIC 11.38 MOTOR GRADER (FINE GRADE) 11.11 OILER 9.56 MOTOR GRADER 10.67 SERVICER 9.51 PAVEMENT MARKING MACHINE 7.45 PAINTER-STRUCTURES 14.00 ROLLER, STEEL WHEEL PLANT 9.25 MIX PAVEMENTS PILEDRIVER 10.96 ROLLER, STEEL WHEEL OTHER 7.61 FLATWHEELOR TAMPING PIPE LAYER 8.49 ROLLER, PNEUMATIC, SELF PROPELLED 7.96 ASPHALT DISTRIBUTOR 9.47 SCRAPER 8.69 TRACTOR-CRAWLER TYPE 10.12 TRACTOR-PNEUMATIC 8.99 TRAVELING MIXER 9.35 TRENCHING MACHINE-LIGHT 10.50 TRENCHING MACHINE-HEAVY 13.56 WAGON-DRILL, BORING MACHINE 10.15 REINFORCING STEEL SETTER (PAVING) 12.50 REINFORCING STEEL SETTER 12.47 STRUCTURES STEEL WORKER-STRUCTURAL 10.35 SIGN ERECTOR 10.06 SPREADER BOX OPERATOR 9.08 SIGN INSTALLER 7.45 WORK ZONE BARRICADE 7.45 TRUCK DRIVER-SINGLE AXLE LIGHT 8.15 TRUCK DRIVER-SINGLE AXLE HEAVY 8.76 TRUCK DRIVER-TANDEM AXLE SEMI 8.00 TRAILER TRUCK DRlVER-LOWBOYIFLOAT 11.29 WELDER 10.43 END OF SECTION 07/2006 00811 - 2 of2 CITY OF PEARLAND WAGE SCALE FOR BUILDING CONSTRUCTION Section 00813 WAGE SCALE FOR BUILDING CONSTRUCTION 1.01 In accordance with the Prevailing Wage law on Public Works (Article 2258 of the Texas Government Code), the public body awarding the contract does hereby specify the rates shown in Table 00813-A following to be the general prevailing rates in the locality in which the work is being performed. 1.02 This prevailing wage rate does not prohibit the payment of more than the rates stated. 1.03 The wage scale for building construction is to be applied to work on a building including an area within five (5) feet of the exterior wall. 07/2006 00813 - 1 of 2 CITY OF PEARLAND WAGE SCALE FOR BUILDING CONSTRUCTION Table 00813-A PREVAILING WAGE RATES FOR BUILDNG CONSTRUCTION CLASSIFICATION RATE CLASSIFICATION RATE END OF SECTION 07/2006 00813 - 2 of2 August 22, 2006 Mrs. Jennifer Phan Projects Director City of Pearl and 3519 Liberty Drive Pearland, Texas 77581 Dear Mrs. Phan: The review of bids received by the City of Pearl and on August 22,2006 for the construction of the Kirby and Cullen Traffic Signals has been completed. A total of(2) bids were received. The Bid Bond for the apparent low bidder, Traf-Tex, Inc., has been received for verification. Attached is a copy of the tabulated Bid Proposal for your use. All items showed to be tabulated correctly, and the total cost is correct as stated in the contractor's Bid Proposal. Based on the evaluation of the information provided, it is recommended that the construction of the Kirby and Cullen Traffic Signals be awarded to Traf- Tex, Inc., in the amount of$392,61O.77 For more information on this issue, please contact me at 281-652-1760 or 0hr""",'",",t~!-"idi.....~ t--.,.:Jt..,t'Ir:.i"\ri +~r "I1~ Sincerely, ~~//c. Cecil Boone, P .E. Project Manager (281) 652-1760 3519 LIBERTY DRIVE. PEARLAND, TEXAS 77581-5416.281-652-1600. www.ci.pearland.tx.us ft \..' Printed on Recycled Paper