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R2006-172 11-27-06RESOLUTION NO. R2006-172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING CONSTRUCTION BIDS, A CONSTRUCTION MANAGEMENT/INSPECTION SERVICES CONTRACT, AND A MATERIALS TESTING SERVICES CONTRACT ASSOCIATED WITH THE SH 35 SEWER PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City opened bids for construction services associated with the SH 35 Sewer Project, and such bids have been reviewed and tabulated. Section 2. That the City Council hereby awards the bid for Project # 1 to Haddock Construction, in the amount of $214,060.00. Section 3. That the City Council hereby awards the bid for Project #2 to BRH- Garver Construction, in the amount of $3,210,501.95. Section 4. That certain contract for construction management/inspection services, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 5. That certain contract for materials testing services, a copy of which is attached hereto as Exhibit "B" and made a part hereof for all purposes, is hereby authorized and approved. Section 6. The City Manager or his designee is hereby authorized to execute contracts for the construction services, construction management/inspection services and materials testing services associated with the SH 35 Sewer Project. PASSED, APPROVED and ADOPTED this the 27th day of November, A.D., 2006. TOM REID MAYOR RESOLUTION NO. R2006-172 ATTEST: C, C ETARY APPROVED AS TO FORM: ... DARRIN M. COKER CITY ATTORNEY 2 { K KIRST KOSMOSKI,INC. 1K1 Civil/Consulting Engineers 12630 Fountainview,Ste.318;Hou.,Tx.77057 September 14,2006 City of Pearland KKI Project No. m0001-016-300 Projects Department KKI Letter No. m0001-016-001 3519 Liberty Drive,3rd Fl. Vendor No. 4747 Pearland,Texas 77581 CoP P 0 No. W42041 Attn. Mr Trent Epperson Projects Director Re. SH 35 Trunk Sanitary Sewer Project 1 Recommendation of Award of Construction Contract Gentlemen, Kirst Kosmoski,Inc.(KKI)has tabulated and reviewed seven(7)bids for the referenced project received Wednesday, September 13,2006 at 2:00 PM, in the offices of the City of Pearland. All bids were found to be complete and correct save that of E.P Brady,Ltd.,which contained one extension error in bid item 25 This error was not carried through and therefore did not change the total amount of the bid. The low bid was submitted by addockconstr=uction Conccro_f,Rosharon,Texas in the amount of L' li60 0Ui Summary and detailed bid tabulations are attached for your use. Based on this information,KKI respectfully recommends award of this construction contract. If you have any questions or need more information,please call me at 832-242-7200 or 832-465-0784 Sincerely Eddie Kirst, . . Principal attch. LEK/lek P•\m0001-CoP\016-sh35-s_ss\admin\letters\001-cop epperson_proj 1_Rec of Award_09-14-06.doc ' EXHIBIT ��om I SUMMARY BID TABULATION D +� /'^ ".� ' fr.'. eG �- f" ' State Highway 35 Trunk Sanitary Sewer•Project 1 J 4'..y �„ from Swensen Drive to John Lizer Road City of Pearland COP PROJECT NO. W42041 BID NO. 2006-064 BID DATE.September 13,2006;2:00 PM BID #OF ADDENDA RANK CONTRACTOR BOND RECEIVED GRAND TOTAL 1 Haddock Construction Co.,Inc. Y 5 $ 214,060.00 2. Reddico Construction Co.,Inc. Y 5 $ 345,610.85 3 BRH-Garver Construction,L.P Y 5 $ 372,361.00 4 Calco Contracting,Ltd. Y 5 $ 426,508.00 5 E.P Brady,Ltd. Y 5 $ 447,001.00 6. Triple"B"Services,L.L.P Y 5 $ 451,343.00 7 Pace Services,L.P Y 5 $ 481,192.70 Originated:8/26/2006 Form:3/2005 Page 1 of 1 Printed:9/14/2006 1 BID TABULATION r State Highway 35 Trunk Sanitary Sewer Project 1 Haddock Construction Co.,Inc. Reddico Construction Co.,Inc. BRH-Garver Construction,L.P ^tff r[,;i�D, from Swensen Drive to John Lizer Road P.O.Box 1263 10083 FM 1484 7600 S.Sante Fe,Bld.A-1 E. City of Pearland Friendswood,TX 77549 Conroe,Tx.77303-4313 Hou.,Tx.77061 BID NO. 2006-064 (281)489-2828 (936)441-9500 (713)921-2929 BID DATE:September 13,2006;2:00 PM ITEM SPEC. BID ITEM DESCRIPTION UNIT NO. SECT. QTY UNIT PRICE AMOUNT BIDUNIT PRICE AMOUNT BIDUNIT PRICE AMOUNT BID BASE BID ITEMS MOVE-IN&START-UP 1 01505 Mobilization LS 1 $ 3,000.00 $ 3,000.00 $ 64,000.00 $ 64,000.00 $ 20,000.00 $ 20,000.00 2 01555 Flagmen LS 1 $ 500.00 $ 500.00 $ 10,200.00 $ 10,200.00 $ 2,000.00 $ 2,000.00 3 01555 Traffic Control LS 1 $ 1,500.00 $ 1,500.00 $ 9,300.00 $ 9,300.00 $ 15,000.45 $ 15,000.45 4 02200 Clearing&Grubbing SY 9,022 $ 1.00 $ 9,022.00 $ 0.60 $ 5,413.20 $ 0.50 $ 4,511.00 5 01564 Control of Surface Water LF 2,320 $ 1.00 $ 2,320.00 $ 3.20 $ 7,424.00 $ 0.01 $ 23.20 6 01564 Control of Ground Water(Dewatering) LF 2,235 $ 1.00 $ 2,235.00 $ 0.01 $ 22.35 $ 0.01 $ 22.35 7 01560 Filter Fabric Fence,Complete in Place LF 2,320 $ 2.30 $ 5,336.00 $ 1.25 $ 2,900.00 $ 0.80 $ 1,856.00 8 01561 Reinforced Filter Fabric Barrier,Complete in Place LF 200 $ 2.60 $ 520.00 $ 2.00 $ 400.00 $ 1.60 $ 320.00 SUBTOTAL MOVE-IN&START-UP- $ 24,433.00 $ 99,659.55 $ 43,733.00 SANITARY SEWER 9 02530 12-Inch Sanitary'Sewer,Open Cut,8-10 Foot Depth, LF 820 $ 54.00 $ 44,280.00 $ 74.10 $ 60,762.00 $ 118.00 $ 96,760.00 Complete in Place 10 02530 12-inch Sanitary Sewer;Open Cut,10-12 Foot Depth, LF 1,175 $ 55.60 $ 65,330.00 $ 78.80 $ 92,590.00 $ 118.00 $ 138,650.00 Complete in Place - 11 02530 12-inch Sanitary Sewer;Open Cut,12-14 Foot Depth, LF 245 $ 57.60 $ 14,112.00 $ 92.70 $ 22,711.50 $ 118.00 $ 28,910.00 Complete in Place 12 02415 12-inch Sanitary Sewer in 18-inch Augered Steel Casing, LF 80 $ 92.00 $ 7,360.00 $ 198.00 $ 15,840.00 $ 237.00 $ 18,960.00 Complete in Place 13 02542 4-foot Diameter Manhole,Complete in Place,Complete Ea 5 $ 2,960.00 $ 14,800.00 $ 2,100.00 $ 10,500.00 $ 1,500.00 $ 7,500.00 in Place 14 02542 Extra Depth for 4-foot Diameter Manhole,Complete in VF 13 $ -278.00 $ 3,614.00 $ 203.00 $ 2,639.00 $ 78.00 $ 1,014.00 Place 15 02542 4-foot Diameter Corrosion Resistant Manhole,Complete Ea 1 $ 9,300.00 $ 9,300.00 $ 4,720.00 $ 4,720.00 $ 4,700.00 $ 4,700.00 in Place 16 02542 Adjust Manhole to Final Grade,Complete in Place Ea 6 $ 100.00 $ 600.00 $ 315.00 $ 1,890.00 $ 10.00 $ 60.00 17 02531 Standard Stack(0-3-Ft),All Sizes,Complete in Place Ea 3 $ 260.00 $ 780.00 $ 410.00 $ 1,230.00 $ 700.00 $ 2,100.00 18 02531 Extra Depth Stack(>3-Ft),All Sizes,Complete in Place VF 14 $ 20.00 $ 280.00 $ 32.00 $ 448.00 $ 3.00 $ 42.00 19 02531 Sanitary Sewer Service Lead Reconnection,Open Cut Ea 6 $ 300.00 $ 1,800.00, $ 1,115.00 $ 6,690.00 $ 300.00 $ 1,800.00 20 02542 Convert Existing Swensen Lift Station to Corrosion LS 1 $ 8,000.00 $ 8,000.00 $ 12,300.00 $ 12,300.00 $ 9,000.00 $ 9,000.00 Resistant Manhole Including:Removing Equipment, Plugging Wall Penetrations,and Applying Corrosion Resistant Liner 21 02220 Abandon Existing 8-inch Sanitary Sewer Including: LF 1,625 $ 2.00 $ 3,250.00 $ 3 70 $ 6,012.50 $ 7.00 $ 11,375.00 Plugging Manhole Penetrations,Demolishing Manholes to 4-feet Below Grade,Filling with Cement Stabilized Sand,and Backfilling Remaining Hole 22 02220 Cut,Plug,and Abandon Existing 4-inch Sanitary Sewer Ea 2 $ 180.00 $ 360.00 $ 250.00 $ 500.00 $ 600.00 $ 1,200.00 Force Main;Sta.21+70 to 27+70 23 01570 Trench Safety System LF 2,240 $ 3.00 $ 6,720.00 $ 0.75 $ 1,680.00 $ 1.00 $ 2,240.00 24 02530 By-Pass Pumping Allowance for 8-Inch Sanitary Sewer LS 1 $ 1.00 $ 1.00 $ 700.00 $ 700.00 $ 100.00 $ 100.00 25 02921 Hydro Mulch Seeding,Complete in Place Ac 1.86 $ 1,500.00 $ 2,790.00 $ 1,700.00 $ 3,162.00 $ 1,200.00 $ 2,232.00 SUBTOTAL SANITARY SEWER: $ 183,377.00 $ 244,375.00 $ 326,643.00 SUBTOTAL BASE BID ITEMS: $ 207,810.00 $ 344,034.55 $ 370,376.00 Originated:8/26/2006 Form:03/2005 Page 1 of 8 Printed:9/14/2006 ,;t BID TABULATION t �;, State Highway 35 Trunk Sanitary Sewer Project 1 Haddock Construction Co.,Inc. Reddico Construction Co.,Inc. BRH-Garver Construction,L.P lig E' from Swensen Drive to John Lizer Road P.O.Box 1263 10083 FM 1484 7600 S.Sante Fe,Bid.A-1 E. " City of Pearland Friendswood,TX 77549 Conroe,Tx.77303-4313 Hou.,Tx.77061 BID NO. 2006-064 (281)DATE.September 13,2006;2:00 PM ( )489-2828 (936)441-9500 (713)921-2929 ITEM SPEC. BID ITEM DESCRIPTION UNIT NO. SECT QTY UNIT PRICE AMOUNT BID UNIT PRICE AMOUNT BID UNIT PRICE AMOUNT BID EXTRA ITEMS 26 02318 Extra Machine Excavation to Obtain Stable Trench or CY 30 $ 5.00 $ 150.00 $ 15.00 $ 450.00 $ 10.00 $ 300.00 Manhole Bottom 27 02252 Extra Cement Stabilized Sand to Obtain Stable Trench or CY 15 $ 20.00 $ 300.00 $ 25.00 $ 375.00 $ 35.00 $ 525.00 Manhole Bottom 28 02318 Extra Crushed Rock to Obtain Stable Trench or Manhole CY 15 "$ 40.00 $ 600.00 $ 50.00 $ 750.00 $ 60.00 $ 900.00 Bottom 29 02530 Additional Cost for Wet Sand Construction for Open Cut LF 130 $ 40.00 $ 5,200.00 $ 0.01 $ 1.30 $ 2.00 $ 260.00 12-Inch Sanitary Sewer;All Depths SUBTOTAL EXTRA ITEMS: $ 6,250.00 $ 1,576.30 $ 1,985.00 GRAND TOTAL. $ 214,060.00 $ 345,610.85 $ 372,361.00 Originated:8/26/2006 Form:03/2005 Page 2 of 8 Printed:9/14/2006 BID TABULATION State Highway 35 Trunk Sanitary Sewer Project 1 Calco Contracting,Ltd. E.P Brady,Ltd. Triple'B"Services,L.L.P IL: •1:,`. li from Swensen Drive to John Lizer Road 8000 Berwyn Dr 3414 Persimmon 820 Old Atascoocita Rd. " City of Pearland Houston,Tx.77037 Houston,Tx.77093 Huffman,Tx.77336 BID NO. 2006-064 (281)448-2620 (713)691-0923 (281)324-3264 BID DATE:September 13,2006;2:00 PM ITEM SPEC. BID ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT BID UNIT PRICE AMOUNT BID UNIT PRICE AMOUNT BID NO. SECT. BASE BID ITEMS MOVE-IN&START-UP 1 01505 Mobilization LS 1 $ 33,000.00 $ 33,000.00 $ 75,000.00 $ 75,000.00 $ 25,000.00 $ 25,000.00 2. 01555 Flagmen LS 1 $ 20,000.00 $ 20,000.00 $ 5,000.00 $ 5,000.00 $ 6,000.00 $ 6,000.00 3 01555 Traffic Control LS 1 $ 8,000.00 $ 8,000.00 $ 6,500.00 $ 6,500.00 $ 4,500.00 $ 4,500.00 4 02200 Clearing&Grubbing SY 9,022 $ 1.00 $ 9,022.00 $ 1.00 $ 9,022.00 $ 3.00 $ 27,066.00 5 01564 Control of Surface Water LF 2,320 $ 1.00 $ 2,320.00 $ 1.00 $ 2,320.00 $ 0.50 $ 1,160.00 6 01564 Control of Ground Water(Dewatering) LF 2,235 $ 10.00 $ 22,350.00 $ 1.00 $ 2,235.00 $ 16.00 $ 35,760.00 7 01560 Filter Fabric Fence,Complete in Place LF 2,320 $ 1.00 $ 2,320.00 $ 2.25 $ 5,220.00 $ 1.60 $ 3,712.00 8 01561 Reinforced Filter Fabric Barrier,Complete in Place LF 200 $ 1.50 $ 300.00 $ 3.00 $ 600.00 $ 1.60 $ 320.00 SUBTOTAL MOVE-IN&START-UP• $ 97,312.00 $ 105,897.00 $ 103,518.00 • SANITARY SEWER 9 02530 12-Inch Sanitary Sewer,Open Cut,8-10 Foot Depth, LF 820 $ 92.00 $ 75,440.00 $ 117.00 $ 95,940.00 $ 110.00 $ 90,200.00 Complete in Place `10 02530 12-inch Sanitary Sewer;Open Cut,10-12 Foot Depth, LF 1,175 $ 105.00 $ 123,375.00 $ 122.00 $ 143,350.00 $ 116.00 $ 136,300.00 - Complete in Place 11 02530 12-inch Sanitary Sewer;Open Cut,12-14 Foot Depth, LF 245 $ 113.00 $ 27,685.00 $ 131.00 .$ 32,095.00 $ 130.00 $ 31,850.00 Complete in Place 12 02415 12-inch Sanitary Sewer in 18-inch Augered Steel Casing, LF 80 $ 242.00 $ 19,360.00 $ 175.00 $ 14,000.00 $ 230.00 $ 18,400.00 Complete in Place 13 02542 4-foot Diameter Manhole,Complete in Place,Complete Ea 5 $ 2,500.00 $ 12,500.00 $ 3,280.00 $ 16,400.00 $ 3,200.00 $ 16,000.00 in Place _ 14 02542 Extra Depth for 4-foot Diameter Manhole,Complete in VF 13 $ 80.00 $ 1,040.00 $ 245.00 $ 3,185.00 $ 210.00 $ 2,730.00 Place 15 02542 4-foot Diameter Corrosion Resistant Manhole,Complete Ea 1 $ 3,200.00 $ 3,200.00 $ 5,000.00 $ 5,000.00 $ 3,200.00 $ 3,200.00 in Place 16 02542 Adjust Manhole to Final Grade,Complete in Place Ea 6 $ 160.00 $ 960.00 $ 150.00 $ 900.00 $ 200.00 $ 1,200.00 17 02531 Standard Stack(0-3-Ft),All Sizes,Complete in Place Ea 3 $ 460.00 $ 1,380.00 $ 550.00 $ 1,650.00 $ 500.00 $ 1,500.00 18 02531 Extra Depth Stack(>3-Ft),All Sizes,Complete in Place VF 14 $ 54.00 $ 756.00 $ 16.00 $ 224.00 $ 40.00 $ 560.00 19 02531 Sanitary Sewer Service Lead Reconnection,Open Cut Ea 6 $ 800.00 $ 4,800.00 $ 750.00 $ 4,500.00, $ 400.00 $ 2,400.00 20 02542 Convert Existing Swensen Lift Station to Corrosion LS 1 $ 31,000.00 $ 31,000.00 $ 7;500.00 $ 7,500.00 $ 15,000.00 $ 15,000.00 Resistant Manhole Including:Removing Equipment, Plugging Wall Penetrations,and Applying Corrosion Resistant Liner _ 21 02220 Abandon Existing 8-inch Sanitary Sewer Including: LF 1,625 $ 5.00 $ 8,125.00 $ 3.00 $ 4,875.00 $ 5.00 $ 8,125.00 Plugging Manhole Penetrations,Demolishing Manholes to 4-feet Below Grade,Filling with Cement Stabilized Sand,and Backfilling Remaining Hole 22 02220 Cut,Plug,and Abandon Existing 4-inch Sanitary Sewer Ea 2 $ 1,100.00 $ 2,200.00 $ 450.00 $ 900.00 $ 150.00 $ 300.00 Force Main;Sta.21+70 to 27+70 - 23 01570 Trench Safety System LF 2,240 $ 1.00 $ 2,240.00 $ 1.00 $ 2,240.00 $ 4.00 $ 8,960.00 24 02530 By-Pass Pumping Allowance for 8-Inch Sanitary Sewer LS 1 $ 4,600.00 $ 4,600.00 $ 1,250.00 $ 1,250.00 $ 2,500.00 $ 2,500.00 25 02921 Hydro Mulch Seeding,Complete in Place Ac 1.86 $ 1,000.00 $ 1,860.00 $ 2,000.00 $ 3,720.00 $ 1,250.00 $ 2,325.00 SUBTOTAL SANITARY SEWER: $ 320,521.00 $ 337,729.00 $ 341,550.00 SUBTOTAL BASE BID ITEMS: _ $ 417,833.00_ $ 443,626.00 $ 445,068.00 3 of 8 Originated:8/26/2006 Form:03/2005 Page Printed:9/14/2006 BID TABULATION State Highway 35 Trunk Sanitary Sewer Project 1 Calco Contracting,Ltd. E.P Brady,Ltd. Triple'B"Services,L.L.P l? e. -A D from Swensen Drive to John Lizer Road 8000 Berwyn Dr. 3414 Persimmon 820 Old Atascoocita Rd. "- City of Pearland Houston,Tx.77037 Houston,Tx.77093 Huffman,Tx.77336 BID NO. 2006-064 (281)448-2620 (713)691-0923 (281)324-3264 BID DATE.September 13,2006;2:00 PM ITEM SPEC. BID ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT BID UNIT PRICE AMOUNT BID UNIT PRICE AMOUNT BID NO. SECT EXTRA ITEMS l 26 02318 Extra Machine Excavation to Obtain Stable Trench or CY 30 $ 10.00 $ 300.00 $ 10.00 $ 300.00 $ 15.00 $ 450.00 Manhole Bottom 27 02252 Extra Cement Stabilized Sand to Obtain Stable Trench or CY 15 $ 25.00 $ 375.00 $ 30.00 $ 450.00 $ 25.00 $ 375.00 Manhole Bottom 28 02318 Extra Crushed Rock to Obtain Stable Trench or Manhole CY 15 $ 100.00 $ 1,500.00 $ 45.00 $ 675.00 $ 60.00 $ 900.00 Bottom 29 02530 Additional Cost for Wet Sand Construction for Open Cut LF 130 $ 50.00 $ 6,500.00 $ 15.00 $ 1,950.00 $ 35.00 $ 4,550.00 12-Inch Sanitary Sewer;All Depths SUBTOTAL EXTRA ITEMS: $ 8,675.00 $ 3,375.00 $ 6,275.00 GRAND TOTAL. $ 426,508.00 $ 447,001.00 $ 451,343.00 4 of 8 Originated:8/26/2006 Form:03/2005 Page Printed:9/14/2006 /41- BID TABULATION -t State Highway 35 Trunk Sanitary Sewer Project 1 Pace Services,L.P R 51•1;L,\D from Swensen Drive to John Lizer Road 14226 Huffmeister Rd. 4_ .' City of Pearland Cypress,Tx.77429 BID NO. 2006-064 1+(281)256-2201 BID DATE.September 13,2006;2:00 PM ITEM SPEC. BID ITEM DESCRIPTION UNIT NO. SECT QTY UNIT PRICE AMOUNT BID BASE BID ITEMS MOVE-IN&START-UP -- 1 01505 Mobilization LS 1 $ 30,000.00 $ 30,000.00 2 01555 Flagmen LS 1 $ 13,000.00 $ 13,000.00 3 01555 Traffic Control LS 1 $ 10,500.00 $ 10,500.00 4 02200 Clearing&Grubbing SY 9,022 $ 1.35 $ 12,179 70 5 01564 Control of Surface Water LF 2,320 $ 1.20 $ 2,784.00 6 01564 Control of Ground Water(Dewatering) LF 2,235 $ 45.00 $ 100,575.00 7 01560 Filter Fabric Fence,Complete in Place LF 2,320 $ 1.00 $ 2,320.00 8 01561 Reinforced Filter Fabric Barrier,Complete in Place LF 200 $ 2.00 $ 400.00 SUBTOTAL MOVE-IN&START-UP. $ 171,758.70 SANITARY SEWER 9 02530 12-Inch Sanitary Sewer,Open Cut,8-10 Foot Depth, LF 820 $ 83.00 $ 68,060.00 Complete in Place 10 02530 12-inch Sanitary Sewer;Open Cut,10-12 Foot Depth, LF 1,175 $ 87.00 $ 102,225.00 Complete in Place 11 02530 12-inch Sanitary Sewer;Open Cut,12-14 Foot Depth, LF 245 $ 102.00 $ 24,990.00 Complete in Place 12 02415 12-inch Sanitary Sewer in 18-inch Augered Steel Casing, LF 80 $ 320.00 $ 25,600.00 Complete in Place 13 02542 4-foot Diameter Manhole,Complete in Place,Complete Ea 5 $ 1,200.00 $ 6,000.00 in Place 14 02542 Extra Depth for 4-foot Diameter Manhole,Complete in VF 13 $ 90.00 $ 1,170.00 Place 15 02542 4-foot Diameter Corrosion Resistant Manhole,Complete Ea 1 $ 2,500.00 $ 2,500.00 in Place 16 02542 Adjust Manhole to Final Grade,Complete in Place Ea 6 $ 350.00 $ 2,100.00 17 02531 Standard Stack(0-3-Ft),All Sizes,Complete in Place Ea 3 $ 3,000.00 $ 9,000.00 18 02531 Extra Depth Stack(>3-Ft),All Sizes,Complete in Place VF 14 $ 25.00 $ 350.00 19 02531 Sanitary Sewer Service Lead Reconnection,Open Cut Ea 6 $ 3,000.00 $ 18,000.00 20 02542 Convert Existing Swensen Lift Station to Corrosion LS I $ 25,000.00 $ 25,000.00 Resistant Manhole Including:Removing Equipment, Plugging Wall Penetrations,and Applying Corrosion Resistant Liner 21 02220 Abandon Existing 8-inch Sanitary Sewer Including: LF 1,625 $ 5.00 $ 8,125.00 Plugging Manhole Penetrations,Demolishing Manholes to 4-feet Below Grade,Filling with Cement Stabilized Sand,and Backfilling Remaining Hole 22 02220 Cut,Plug,and Abandon Existing 4-inch Sanitary Sewer Ea 2 $ 1,250.00 $ 2,500.00 Force Main;Sta.21+70 to 27+70 23 01570 Trench Safety System LF 2,240 $ 0.10 $ 224.00 24 02530 By-Pass Pumping Allowance for 8-Inch Sanitary Sewer LS 1 $ 7,000.00 $ 7,000.00 25 02921 Hydro Mulch Seeding,Complete in Place Ac 1.86 $ 1,500.00 $ 2,790.00 SUBTOTAL SANITARY SEWER: $ 305,634.00 _ SUBTOTAL BASE BID ITEMS: $ 477,392.70 5 of 8 Originated:8/26/2006 Form:03/2005 Page Printed:9/14/2006 BID TABULATION State Highway 35 Trunk Sanitary Sewer Project 1 Pace Services,L.P lIkkr;i&D from Swensen Drive to John Lizer Road 14226 Huffmeister Rd. City of Pearland Cypress,Tx.77429 BID NO. 2006-064 1+(281)256-2201 BID DATE.September 13,2006;2:00 PM ITEM SPEC. BID ITEM DESCRIPTION UNIT NO. SECT QTY UNIT PRICE AMOUNT BID EXTRA ITEMS 26 02318 Extra Machine Excavation to Obtain Stable Trench or CY 30 $ 10.00 $ 300.00 Manhole Bottom 27 02252 Extra Cement Stabilized Sand to Obtain Stable Trench or CY 15 $ 25.00 $ 375.00 Manhole Bottom 28 02318 Extra Crushed Rock to Obtain Stable Trench or Manhole CY 15 $ 35.00 $ 525.00 Bottom 29 02530 Additional Cost for Wet Sand Construction for Open Cut LF 130 $ 20.00 $ 2,600.00 12-Inch Sanitary Sewer;All Depths SUBTOTAL EXTRA ITEMS: $ 3,800.00 GRAND TOTAL. $ 481,192.70 6 of 8 Originated:8/26/2006 Form:03/2005 Page Printed:9/14/2006 .. BID TABULATION State Highway 35 Trunk Sanitary Sewer.Project 1 from Swensen Drive to John Lizer Road AVERAGE OF 3 LOW BIDDERS AVERAGE OF ALL BIDDERS ENGINEER'S OPINION OF COST Vire City of Pearland BID NO. 2006-064 BID DATE.September 13,2006;2:00 PM ITEM SPEC. BID ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT NO. SECT. BASE BID ITEMS MOVE-IN&START-UP 1 01505 Mobilization LS 1 $ 29,000.00 $ 29,000.00 $ 35,714.29 $ 35,714.29 $ 11,145.00 $ 11,145 2 01555 Flagmen LS 1 $ 4,233.33 $ 4,233.33 $ 8,100.00 $ 8,100.00 $ 3,600.00 $ 3,600 3 01555 Traffic Control LS 1 $ 8,600.15 $ 8,600.15 $ 7,900.06 $ 7,900.06 $ 2,786.00 $ 2,786 4 02200 Clearing&Grubbing SY 9,022 $ 0.70 $ 6,315.40 $ 1.21 $ 10,890.84 $ 1.00 $ 9,022 5 01564 Control of Surface Water LF 2,320 $ 1 40 $ 3,255.73 $ 1.13 $ 2,621.60 $ 2.00 $ 4,640 6 01564 Control of Ground Water(Dewatering) LF 2,235 $ 0.34 $ 759.90 $ 10.43 $ 23,314.24 $ 25.00 $ 55,875 7 01560 Filter Fabric Fence,Complete in Place .LF 2,320 $ 1 45 $ 3,364.00 $ 1.46 $ 3,380.57 $ 1.00 $ 2,320 8 01561 Reinforced Filter Fabric Barrier,Complete in Place LF 200 $ 2.07 $ 413.33 $ 2.04 $ 408.57 $ 2.00 $ 400 SUBTOTAL MOVE-IN&START-UP. $ 55,941.85 $ 92,330.18 $ 89,788 SANITARY SEWER 9 02530 12-Inch Sanitary Sewer,Open Cut,8-10 Foot Depth, LF 820 $ 82.03 $ 67,267.33 $ 92.59 $ 75,920.29 $ 46.26 $ 37,933 Complete in Place 10 02530 12-inch Sanitary Sewer;Open Cut,10-12 Foot Depth, LF 1,175 $ 84.13 $ 98,856.67 .$ 97 49 $ 114,545.71 $ 57.81 $ 67,927 Complete in Place 11 02530 12-inch Sanitary Sewer;Open Cut,12-14 Foot Depth, LF 245 .$ 89 43 $ 21,911.17 $ 106.33 $ 26,050.50 $ 69.35 $ 16,991 Complete in Place 12 02415 12-inch Sanitary Sewer in 18-inch Augered Steel Casing, LF 80 $ 175.67 $ 14,053.33 $ 213.43 $ 17,074.29 $ 450.00 $ 36,000 Complete in Place 13 02542 4-foot Diameter Manhole,Complete in Place,Complete Ea 5 $ 2,186.67 $ 10,933.33 $ 2,391.43 $ 11,957 14 $ 3,000.00 $ 15,000 in Place -14 02542 Extra Depth for 4-foot Diameter Manhole,Complete in VF 13 $ 186.33 $ 2,422.33 $ 169 14 $ 2,198.86 $ 250.00 $ 3,250 Place 15 02542 4-foot Diameter Corrosion Resistant Manhole,Complete Ea 1 $ 6,240.00 $ 6,240.00 $ 4,660.00 $ 4,660.00 $ 4,800.00 $ 4,800 in Place 16 02542 Adjust Manhole to Final Grade,Complete in Place Ea 6 $ 141.67 $ 850.00 $ 183.57 $ 1,101.43 $ 100.00 $ 600 17 02531 Standard Stack(0-3-Ft),All Sizes,Complete in Place ' Ea 3 $ 456.67 $ 1,370.00 $ 840.00 $ 2,520.00 $ 100.00 $ 300 18 02531 Extra Depth Stack(>3-Ft),All Sizes,Complete in Place VF 14 $ 18.33 $ 256.67 $ 27.14 $ 380.00 $ 35.00 $ 490 19 02531 Sanitary.Sewer Service Lead Reconnection,Open Cut Ea 6 $ 571.67 $ 3,430.00 $ 952.14 $ 5,712.86 $ 500.00 $ 3,000 20 02542 Convert Existing Swensen Lift Station to Corrosion LS 1 $ 9,766.67 $ 9,766.67 $ 15,400.00 $ 15,400.00 $ 3,500.00 $ 3,500 Resistant Manhole Including:Removing Equipment, Plugging Wall Penetrations,and Applying Corrosion Resistant Liner 21 02220 Abandon Existing 8-inch Sanitary Sewer Including: LF 1,625 $ 4.23 $ 6,879 17 $ 4.39 $ 7,126.79 $ 5.00 $ 8,125 Plugging Manhole Penetrations,Demolishing Manholes to 4-feet Below Grade,Filling with Cement Stabilized Sand,and Backfilling Remaining Hole 22 02220 Cut,Plug,and Abandon Existing 4-inch Sanitary Sewer Ea 2 $ 343.33 $ 686.67 $ 568.57 $ 1,137 14 $ 1,600.00 $ 3,200 Force Main;Sta.21+70 to 27+70 23 01570 Trench Safety System LF 2,240 $ 1.58 $ 3,546.67 $ 1.55 $ 3,472.00 $ 1.00 $ 2,240 24 02530 By-Pass Pumping Allowance for 8-Inch Sanitary Sewer LS 1 $ 267.00 $ 267.00 $ 2,307.29 $ 2,307.29 $ 3,000.00 $ 3,000 25 02921 Hydro Mulch Seeding,Complete in Place Ac 1.86 $ 1,466.67 $ 2,728.00 $ 1,450.00 $ 2,697.00 $ 2,500.00 $ 4,650 SUBTOTAL SANITARY SEWER: $ 251,465.00 $ 294,261.29 $ 211,006 SUBTOTAL BASE BID ITEMS: $ 307,406.85 $ 386,591.46 $ 300,794 7 of 8 Originated:8/26/2006 Form:03/2005 Page Printed:9/14/2006 BID TABULATION State Highway 35 Trunk Sanitary Sewer Project 1 1:R-AI'CUM\0,'' from Swensen Drive to John Lizer Road „_��,. AVERAGE OF 3 LOW BIDDERS AVERAGE OF ALL BIDDERS ENGINEER'S OPINION OF COST 'J City of Pearland BID NO. 2006-064 BID DATE.September 13,2006;2:00 PM ITEM SPEC. BID ITEM DESCRIPTION UNIT NO. SECT. QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT EXTRA ITEMS _ 26 02318 Extra Machine Excavation to Obtain Stable Trench or CY 30 $ 10.00 $ 300.00 $ 10.71 $ 321.43 $ 7.50 $ 225 Manhole Bottom 27 02252 Extra Cement Stabilized Sand to Obtain Stable Trench or CY 15 $ 26.67 $ 400.00 $ 26.43 $ 396.43 $ 37.50 $ 563 Manhole Bottom 28 02318 Extra Crushed Rock to Obtain Stable Trench or Manhole CY 15 $ 50.00 $ 750.00 $ 55.71 $ 835.71 $ 35.00 $ 525 Bottom 29 02530 Additional Cost for Wet Sand Construction for Open Cut LF 130 $ 14.00 $ 1,820.43 $ 23.14 $ 3,008.76 $ 22.50 $ 2,925 12-Inch Sanitary Sewer;All Depths SUBTOTAL EXTRA ITEMS: $ 3,270.43 $ 4,562.33 $ 4,238 GRAND TOTAL. $ 310,677.28 $ 391,153.79 $ 305,032 8 of 8 Originated:8/26/2006 Form:03/2005 Page Printed:9/14/2006 } rn r K-�p KIRST KOSMOSKI,INC. 1KCivil/Consulting Engineers 1 2630 Fountainview,Ste.318;Hou.,Tx.77057 September 14,2006 City of Pearland KKI Project No m0001-016-300 Projects Department KM Letter No. m0001-016-002 3519 Liberty Drive, 3rd Fl. Vendor No 4747 Pearland,Texas 77581 CoP P O No W42041 Attn. Mr Trent Epperson Projects Director Re. SH 35 Trunk Sanitary Sewer Project 2 Recommendation of Award of Construction Contract Gentlemen, Kirst Kosmoski,Inc. (KKI)has tabulated and reviewed nine(9)bids for the referenced project received Wednesday, September 13,2006 at 2.30 PM,in the offices of the City of Pearland. All bids were found to be complete and correct save the following: - Texas Sterling Construction,L.P.,which contained one extension error in bid item 23 This error was not carried through and therefore did not change the total amount of the bid, and - Reddico Construction Co.,Inc.,which contained one extension error in bid item 50 This error was carried through and did change Reddico's position from 4tI to 3rd The low bid was submitted byFBRH Gal ver. �Qnst uctiQn .P of Houston,Texas in the amount of 31.;2g1t0;5D1P95 Summary and detailed bid tabulations are attached for your use. Based on this information,KKI respectfully recommends award of this construction contract. If you have any questions or need more information,please call me at 832-242-7200 or 832-465-0784 Sincerely, Eddie Kirst,P.E. Principal attch. LEKIlek PAm0001-CoP\016-sh35-s_ss\admin\letters\002-cop epperson_proj 2_Rec of Award_09-14-06.doc SUMMARY BID TABULATION EXHIBIT e,,,,,,„ State Highway 35 Trunk Sanitary Sewer.Project 2 ra e c_A- Z t".e A (1_:'! `\D, from John Lizer Road to Industrial Drive r;; City of Pearland COP PROJECT NO. W42041 BID NO. 2006-065 BID DATE.September 13,2006;2.30 PM BID #OF ADDENDA RANK CONTRACTOR BOND RECEIVED GRAND TOTAL 1 BRH-Garver Construction,L.P Y 6 $ 3,210,501.95 2. Texas Sterling Const.,L.P Y 6 $ 3,473,125 10 3 Reddico Const.Co.,Inc. Y 6 $ 3,495,231.59 4 Calco Contracting,Ltd. Y 6 $ 3,495,338.00 5 George Construction,Inc. Y 6 $ 3,597,897.86 6. E.P Brady,Ltd. Y 6 $ 3,813,966.45 7 Huff&Mitchell,Inc. Y 6 $ 3,991,806.00 8. Pace Services,L.P Y 6 $ 4,030,700 45 9 Triple"B"Services,L.L.P Y 6 $ 4,247,952.00 L Originated:8/26/2006 Form:3/2005 Page 1 of 1 Printed:9/14/2006 BID TABULATION State Highway 35 Trunk Sanitary Sewer Project 2 BRH-Garver Construction,L.P Texas Sterling Const.,L.P Reddico Const.Co.,Inc. Cr !1I AR D from John Liner Road to Industrial Drive 7600 S.Sante Fe,Bld.A-1 E. 16630 Imperial Valley Dr.,Ste.242 10083 FM 1484 �-iill'Of City of Pearland Hou.,Tx.77061 Houston,Tx.77060-3411 Conroe,Tx.77303-4313 BID NO. 2006-065 BID DATE:September 13,2006;2:30 PM (713)921-2929 (281)821-9091 (936)441-9500 ITEM SPEC. BID ITEM DESCRIPTION UNIT NO. SECT QTY UNIT PRICE AMOUNT BID UNIT PRICE AMOUNT BID UNIT PRICE AMOUNT BID BASE BID ITEMS MOVE-IN&START-UP 1 01505 Mobilization LS 1 $ 175,000.00 $ 175,000.00 $ 340,000.00 $ 340,000.00 $ 309,200.00 $ 309,200.00 2 01555 Flagmen LS 1 $ 50,000.00 $ 50,000.00 $ 87,000.00 $ 87,000.00 $ 38,000.00 $ 38,000.00 3 01555 Traffic Control LS 1 $ 75,000.00 $ 75,000.00 $ 106,000.00 $ 106,000.00 $ 47,400.00 $ 47,400.00 4 02200 Clearing&Grubbing SY 57,615 $ 0.01 $ 576.15 $ 0.50 $ 28,807.50 $ 0.30 $ 17,284.50 5 01564 Control of Surface Water LF 15,881 $ 0.01 $ 158.81 $ 0.10 $ 1,588.10 $ 2.80 $ 44,466.80 6 01564 Control of Ground Water;(Dewatering) LF 15,009 $ 0.01 $ 150.09 $ 1.00 $ 15,009.00 $ 0.01 $ 150.09 7 01560 Filter Fabric Fence LF 15,345 $ 1.00 $ 15,345.00 $ 0.90 $ 13,810.50 $ 1.10 $ 16,879.50 8 01561 Reinforced Filter Fabric Barrier LF 1,320 $ 1.30 $ 1,716.00 $ 1.20 $ 1,584.00 $ 1.65 $ 2,178.00 SUBTOTAL MOVE-IN&START-UP- $ 317,946.05 $ 593,799.10 $ 475,558.89 SANITARY SEWER 9 02530 10-inch Sanitary Sewer,Open Cut 10-12 Foot Depth LF 910 $ 113.00 $ 102,830.00 $ 50.00 $ 45,500.00 $ 91.10 $ 82,901.00 under Asphalt Road 10 02530 12-inch Sanitary Sewer,Open Cut 6-8 Foot Depth LF 1,900 $ 38.00 $ 72,200.00 $ 40.00 $ 76,000.00 $ 25.00 $ 47,500.00 11 02530 12-inch Sanitary Sewer,Open Cut 8-10 Foot Depth LF 1,818 $ 38.00 $ 69,084.00 $ 40.00 $ 72,720.00 $ 26.10 $ 47,449.80 12 02530 12-inch Sanitary Sewer,Open Cut 10-12 Foot Depth LF 740 $ 38.00 $ 28,120.00 $ 40.00 $ 29,600.00 $ 56.55 $ 41,847.00 13 02530 12-inch Sanitary Sewer,Open Cut 12-14 Foot Depth LF 694 $ 42.00 $ 29,148.00 $ 40.00 $ 27,760.00 $ 61.25 $ 42,507.50 14 02415 12-inch Sanitary Sewer in 18-inch Augered Steel Casing LF 229 $ 420.00 $ 96,180.00 $ 210.00 $ 48,090.00 $ 170.35 $ 39,010.15 15 02530 I8-inch Sanitary Sewer;Open Cut,14-16 Foot Depth LF 264 $ 99.00 $ 26,136.00 $ 150.00 $ 39,600.00 $ 130.80 $ 34,531.20 16 02530 18-inch Sanitary Sewer;Open Cut,16-18 Foot Depth LF 1,301 $ 99.00 $ 128,799.00 $ 150.00 $ 195,150.00 $ 141.90 $ 184,611.90 17 02530 18-inch Sanitary Sewer;Open Cut,18-20 Foot Depth LF 369 $ 99.00 $ 36,531.00 $ 150.00 $ 55,350.00 $ 158.60 $ 58,523.40 18 02415 18-inch Sanitary Sewer in 24-inch Augered Steel Casing LF 56 $ 900.00 $ 50,400.00 $ 600.00 $ 33,600.00 $ 438.00 $ 24,528.00 19 02530 Apply Corrosion Resistant Liner to Manhole on Pearland LS I $ 3,500.00 $ 3,500.00 $ 3,000.00 $ 3,000.00 $ 2,830.00 $ 2,830.00 Parkway 20 02530 24-inch Sanitary Sewer;Open Cut,12-14 Foot Depth LF 1,433 $ 107.00 $ 153,331.00 $ 160.00 $ 229,280.00 $ 107.30 $ 153,760.90 21 02530 24-inch Sanitary Sewer;Open Cut,14-16 Foot Depth LF 1,203 $ 107.00 $ 128,721.00 $ 160.00 $ 192,480.00 $ 147.30 $ 177,201.90 22 02530 24-inch Sanitary Sewer;Open Cut,16-18 Foot Depth LF 387 $ 107.00 $ 41,409.00 $ 160.00 $ 61,920.00 $ 165.80 $ 64,164.60 23 02415 24-inch Sanitary Sewer in 30-inch Augered Steel Casing LF 194 $ 600.00 $ 116,400.00 $ 600.00 $ 116,400.00 $ 501.50 $ 97,291.00 24 02530 30-inch Sanitary Sewer;Open Cut,16-18 Foot Depth LF 8 $ 137.00 $ 1,096.00 $ 180.00 $ 1,440.00 $ 231 45 $ 1,851.60 25 02530 30-inch Sanitary Sewer;Open Cut,18-20 Foot Depth LF 3,387 $ 137.00 $ 464,019.00 $ 211.00 $ 714,657.00 $ 231.45 $ 783,921 15 26 02530 30-inch Sanitary Sewer;Open Cut,20-22 Foot Depth LF 237 $ 137.00 $ 32,469.00 $ 180.00 $ 42,660.00 $ 259.20 $ 61,430.40 27 02415 30-inch Sanitary Sewer in 36-inch Augered Steel Casing LF 751 $ 1,100.00 $ 826,100.00 $ 550.00 $ 413,050.00 $ 793.70 $ 596,068.70 28 02542 4-foot Diameter Manhole,Complete in Place Ea 17 $ 3,000.00 $ 51,000.00 $ 3,000.00 $ 51,000.00 $ 2,000.00 $ 34,000.00 29 02542 Extra Depth 4-foot Diameter Manhole VF 15 $ 150.00 $ 2,250.00 $ 130.00 $ 1,950.00 $ 170.00 $ 2,550.00 30 02542 4-foot Diameter Corrosion Resistant Manhole,Complete Ea 5 $ 3,900.00 $ 19,500.00 $ 5,500.00 $ 27,500.00 $ 2,950.00 $ 14,750.00 in Place 31 02542 Extra Depth 4-foot Diameter Corrosion Resistant VF 25 $ 200.00 $ 5,000.00 $ 275.00 $ 6,875.00 $ 290.00 $ 7,250.00 Manhole 32 02542 4-foot Diameter Corrosion Proof Manhole,Complete in Ea 1 $ 9,000.00 $ 9,000.00 $ 8,000.00 $ 8,000.00 $ 5,930.00 $ 5,930.00 Place 1 of 8 Originated:8/26/2006 Form:3/2005 Page Printed:9/14/2006 BID TABULATION 1 State Highway 35 Trunk Sanitary Sewer Project 2 BRH-Garver Construction,L.P Texas Sterling Const.,L.P Reddico Const.Co.,Inc. f R�[,�up\D from John Lizer Road to Industrial Drive 7600 S.Sante Fe,Bld.A-1 E. 16630 Imperial Valley Dr.,Ste.242 10083 FM 1484 City of Pearland Hou.,Tx.77061 Houston,Tx.77060-3411 Conroe,Tx.77303-4313 BID NO. 2006-065 BID DATE.September 13,2006;2:30 PM (713)921-2929 (281)821-9091 (936)441-9500 ITEM SPEC. BID ITEM DESCRIPTION UNIT NO. SECT. QTY UNIT PRICE AMOUNT BID UNIT PRICE AMOUNT BID UNIT PRICE AMOUNT BID 33 02542 Extra Depth 4-foot Diameter Corrosion Proof Manhole VF 4 $ 80.00 $ 320.00 $ 40.00 $ 160.00 $ 275.00 $ 1,100.00 34 02542 5-foot Diameter Corrosion Proof Manhole,Complete in Ea 17 $ 14,000.00 $ 238,000.00 $ 11,000.00 $ 187,000.00 $ 8,330.00 $ 141,610.00 Place 35 02542 Extra Depth 5-foot Diameter Corrosion Proof Manhole VF 79 $ 80.00 $ 6,320.00 $ 100.00 $ 7,900.00 $ 475.00 $ 37,525.00 36 02542 6-foot Diameter Corrosion Proof Manhole,Complete in Ea 2 $ 23,000.00 $ 46,000.00 $ 23,000.00 $ 46,000.00 $ 17,400.00 $ 34,800.00 Place 37 02542 Extra Depth 6-foot Diameter Corrosion Proof Manhole VF 2 $ 80.00 $ 160.00 $ 120.00 $ 240.00 $ 670.00 $ 1,340.00 38 02542 7-foot Diameter Corrosion Proof Manhole,Complete in Ea 2 $ 24,000.00 $ 48,000.00 $ 23,000.00 $ 46,000.00 $ 13,950.00 $ 27,900.00 Place 39 02542 Extra Depth 7-foot Diameter Corrosion Proof Manhole VF 24 $ 80.00 $ 1,920.00 $ 70.00 $ 1,680.00 $ 825.00 $ 19,800.00 40 02542 8-foot Diameter Corrosion Proof Manhole,Complete in Ea 1 $ 25,000.00 $ 25,000.00 $ 23,000.00 $ 23,000.00 $ 26,200.00 $ 26,200.00 Place 41 02542 Extra Depth 8-foot Diameter Corrosion Proof Manhole VF 5 $ 80.00 $ 400.00 $ 70.00 $ 350.00 $ 1,100.00 $ 5,500.00 42 02542 4-foot Diameter Extra Depth for 7-and 8-foot Diameter VF 20 $ 80.00 $ 1,600.00 $ 25.00 $ 500.00 $ 165.00 $ 3,300.00 Corrosion Proof Manhole 43 02542 Adjust Manhole to Final Grade Ea 45 $ 0.01 $ 0.45 $ 300.00 $ 13,500.00 $ 220.00 $ 9,900.00 44 02531 Standard Stack(0-3-Ft),All Sizes,Complete in Place Ea 1 $ 730.00 $ 730.00 $ 430.00 $ 430.00 $ 750.00 $ 750.00 45 02531 Extra Depth Stack(>3-Ft),All Sizes,Complete in Place VF 6 $ 3.00 $ 18.00 $ 4.00 $ 24.00 $ 35.00 $ 210.00 46 02542 Internal Manhole Drop,All Sizes,Complete in Place Ea 2 $ 2,120.00 $ 4,240.00 $ 1,200.00 $ 2,400.00 $ 1,950.00 $ 3,900.00 47 02542 Extra Depth Intemal Manhole Drop,All Sizes,Complete VF 6 $ 10.00 $ 60.00 $ 10.00 $ 60.00 $ 50.00 $ 300.00 in Place 48 02220 Abandon Existing Pearland Parkway Lift Station LS 1 $ 11,200.00 $ 11,200.00 $ 5,000.00 $ 5,000.00 $ 10,300.00 $ 10,300.00 Including:Removing Equipment,Plugging Wall Penetrations,Demolishing to 4-feet Below Grade,Filling with Cement Stabilized Sand,and Backfilling Remaining Hole 49 01570 Trench Safety System LF 14,845 $ 0.01 $ 148.45 $ 1.00 $ 14,845.00 $ 2.50 $ 37,112.50 50 02921 Hydro Mulch Seeding,Complete in Place Ac 11.90 $ 1,100.00 $ 13,090.00 $ 1,300.00 $ 15,470.00 $ 1,500.00 $ 17,850.00 SUBTOTAL SANITARY SEWER: $ 2,890,429.90 $ 2,858,141.00 $ 2,985,807 70 SUBTOTAL BASE BID ITEMS: $ 3,208,375.95 $ 3,451,940.10 $ 3,461,366.59 EXTRA ITEMS 51 02318 Extra Machine Excavation to Obtain Stable Trench or CY 191 $ 2.00 $ 382.00 $ 15.00 $ 2,865.00 $ 15.00 $ 2,865.00 Manhole Bottom 52 02252 Extra Cement Stabilized Sand to Obtain Stable Trench or CY 96 $ 2.00 $ 192.00 $ 15.00 $ 1,440.00 $ 25.00 $ 2,400.00 Manhole Bottom 53 02318 Extra Crushed Rock to Obtain Stable Trench or Manhole CY 96 $ 2.00 $ 192.00 $ 20.00 $ 1,920.00 $ 50.00 $ 4,800.00 Bottom 54 02530 Additional Cost for Wet Sand Construction for Open Cut LF 680 $ 2.00 $ 1,360.00 $ 22.00 $ 14,960.00 $ 35.00 $ 23,800.00 Sanitary Sewer;All Sizes,All Depths SUBTOTAL EXTRA ITEMS: $ 2,126.00 $ 21,185.00 $ 33,865.00 • GRAND TOTAL. $ 3,210,501.95 $ 3,473,125.10 $ 3,495,231.59 Form:3/2005 Page 2 of 8 Originated:8/26/2006 9 Printed:9/14/2006 ��- BID TABULATION ( -t State Highway 35 Trunk Sanitary Sewer Project 2 Calco Contracting,Ltd. George Construction,Inc. E.P Brady,Ltd. IP L;1WK 0,' from John Lizer Road to Industrial Drive 8000 Berwyn Dr 5148 Lotus St. 3414 Persimmon '' '' City of Pearland Houston,Tx.77037 Hou.,Tx.77045 Houston,Tx.77093 BID NO. 2006-065 (281)448-2620 (713)728-8480 (713)691-0923 BID DATE.September 13,2006;2:30 PM ITEM SPEC. BID ITEM DESCRIPTION UNIT NO. SECT. QTY UNIT PRICE AMOUNT BID UNIT PRICE AMOUNT BID UNIT PRICE AMOUNT BID BASE BID ITEMS MOVE-IN&START-UP 1 01505 Mobilization LS 1 $ 60,000.00 $ 60,000.00 $ 170,000.00 $ 170,000.00 $ 104,000.00 $ 104,000.00 2 01555 Flagmen LS 1 $ 27,000.00 $ 27,000.00 $ 30,000.00 $ 30,000.00 $ 5,000.00 $ 5,000.00 3 01555 Traffic Control LS 1 $ 45,000.00 $ 45,000.00 $ 50,000.00 $ 50,000.00 $ 51,000.00 $ 51,000.00 4 02200 Clearing&Grubbing SY 57,615 $ 0.40 $ 23,046.00 $ 0.01 $ 576.15 $ 0.10 $ 5,761.50 5 01564 Control of Surface Water LF 15,881 $ 1.00 $ 15,881.00 $ 0.01 $ 158.81 $ 0.05 $ 794.05 6 01564 Control of Ground Water;(Dewatering) LF 15,009 $ 15.00 $ 225,135.00 $ 1.00 $ 15,009.00 $ 15.00 $ 225,135.00 7 01560 Filter Fabric Fence LF 15,345 $ 1.00 $ 15,345.00 $ 0.10 $ 1,534.50 $ 1.00 $ 15,345.00 8 01561 Reinforced Filter Fabric Barrier LF 1,320 $ 1.50 $ 1,980.00 $ 0.12 $ 158.40 $ 1.30 $ 1,716.00 SUBTOTAL MOVE-IN&START-UP. $ 413,387.00 $ 267,436.86 $ 408,751.55 SANITARY SEWER 9 02530 10-inch Sanitary Sewer,Open Cut 10-12 Foot Depth LF 910 $ 209.00 $ 190,190.00 $ 50.00 $ 45,500.00 $ 191 75 $ 174,492.50 under Asphalt Road 10 02530 12-inch Sanitary Sewer,Open Cut 6-8 Foot Depth LF 1,900 $ 54.00 $ 102,600.00 $ 42.00 $ 79,800.00 $ 98.15 $ 186,485.00 11 02530 12-inch Sanitary Sewer,Open Cut 8-10 Foot Depth LF 1,818 $ 59.00 $ 107,262.00 $ 44.00 $ 79,992.00 $ 102.10 $ 185,617.80 12 02530 12-inch Sanitary Sewer,Open Cut 10-12 Foot Depth LF 740 $ 64.00 $ 47,360.00 $ 58.00 $ 42,920.00 $ 107.00 $ 79,180.00 13 02530 12-inch Sanitary Sewer,Open Cut 12-14 Foot Depth LF 694 $ 73.00 $ 50,662.00 $ 60.00 $ 41,640.00 $ 123.75 $ 85,882.50 14 02415 12-inch Sanitary Sewer in 18-inch Augered Steel Casing LF 229 $ 315.00 $ 72,135.00 $ 500.00 $ 114,500.00 $ 185.55 $ 42,490.95 15 02530 18-inch Sanitary Sewer;Open Cut,14-16 Foot Depth LF 264 $ 114.00 $ 30,096.00 $ 91.00 $ 24,024.00 $ 164.85 $ 43,520.40 16 02530 18-inch Sanitary Sewer;Open Cut,16-18 Foot Depth LF 1,301 $ 121.00 $ 157,421.00 $ 123.00 $ 160,023.00 $ 186.80 $ 243,026.80 17 02530 18-inch Sanitary Sewer;Open Cut,18-20 Foot Depth LF 369 $ 129.00 $ 47,601.00 $ 125.00 $ 46,125.00 $ 186.80 $ 68,929.20 18 02415 18-inch Sanitary Sewer in 24-inch Augered Steel Casing LF 56 $ 495.00 $ 27,720.00 $ 700.00 $ 39,200.00 $ 371.85 $ 20,823.60 19 02530 Apply Corrosion Resistant Liner to Manhole on Pearland LS 1 $ 5,000.00 $ 5,000.00 $ 4,200.00 $ 4,200.00 $ 2,600.00 $ 2,600.00 Parkway 20 02530 24-inch Sanitary Sewer;Open Cut,12-14 Foot Depth LF 1,433 $ 140.00 $ 200,620.00 $ 120.00 $ 171,960.00 $ 152.35 $ 218,317.55 21 02530 24-inch Sanitary Sewer;Open Cut,14-16 Foot Depth LF 1,203 $ 149.00 $ 179,247.00 $ 125.00 $ 150,375.00 $ 158.80 $ 191,036.40 22 02530 24-inch Sanitary Sewer;Open Cut,16-18 Foot Depth LF 387 $ 157.00 $ 60,759.00 $ 142.00 $ 54,954.00 $ 167.10 $ 64,667 70 23 02415 24-inch Sanitary Sewer in 30-inch Augered Steel Casing LF 194 $ 550.00 $ 106,700.00 $ 600.00 $ 116,400.00 $ 446.00 $ 86,524.00 24 02530 30-inch Sanitary Sewer;Open Cut,16-18 Foot Depth LF 8 $ 195.00 $ 1,560.00 $ 160.00 $ 1,280.00 $ 200.00 $ 1,600.00 25 02530 30-inch Sanitary Sewer;Open Cut,18-20 Foot Depth LF 3,387 $ 231.00 $ 782,397.00 $ 304.00 $ 1,029,648.00 $ 210.90 $ 714,318.30 26 02530 30-inch Sanitary Sewer;Open Cut,20-22 Foot Depth LF 237 $ 243.00 $ 57,591.00 $ 220.00 $ 52,140.00 $ 221.95 $ 52,602.15 27 02415 30-inch Sanitary Sewer in 36-inch Augered Steel Casing LF 751 $ 735.00 $ 551,985.00 $ 760.00 $ 570,760.00 $ 632.55 $ 475,045.05 28 02542 4-foot Diameter Manhole,Complete in Place Ea 17 $ 2,400.00 $ 40,800.00 $ 4,850.00 $ 82,450.00 $ 2,000.00 $ 34,000.00 29 02542 Extra Depth 4-foot Diameter Manhole VF 15 $ 80.00 $ 1,200.00 $ 1.00 $ 15.00 $ 150.00 $ 2,250.00 30 02542 4-foot Diameter Corrosion Resistant Manhole,Complete Ea 5 $ 2,700.00 $ 13,500.00 $ 7,200.00 $ 36,000.00 $ 3,420.00 $ 17,100.00 in Place 31 02542 Extra Depth 4-foot Diameter Corrosion Resistant VF 25 $ 80.00 $ 2,000.00 $ 1.00 $ 25.00 $ 260.00 $ 6,500.00 Manhole 32 02542 4-foot Diameter Corrosion Proof Manhole,Complete in Ea 1 $ 2,700.00 $ 2,700.00 $ 10,000.00 $ 10,000.00 $ 6,025.00 $ 6,025.00 Place 3 of 8 Originated:8/26/2006 Form:3/2005 Page Printed:9/14/2006 %` BID TABULATION State Highway 35 Trunk Sanitary Sewer Project 2 Calco Contracting,Ltd. George Construction,Inc. E.P Brady,Ltd. ?r �;Vki Ejik q from John Lizer Road to Industrial Drive 8000 Berwyn Dr. 5148 Lotus St. 3414 Persimmon City of Pearland Houston,Tx.77037 Hou.,Tx.77045 Houston,Tx.77093 BID NO. 2006-065 (281)448-2620 (713)728-8480 (713)691-0923 BID DATE:September 13,2006;2:30 PM ITEM SPEC. BID ITEM DESCRIPTION UNIT NO. SECT QTY UNIT PRICE AMOUNT BIDUNIT PRICE AMOUNT BID UNIT PRICE AMOUNT BID 33 02542 Extra Depth 4-foot Diameter Corrosion Proof Manhole VF 4 $ 80.00 $ 320.00 $ 1.00 $ 4.00 $ 110.00 $ 440.00 34 02542 5-foot Diameter Corrosion Proof Manhole,Complete in Ea 17 $ 5,100.00 $ 86,700.00 $ 13,000.00 $ 221,000.00 $ 8,735.00 $ 148,495.00 Place 35 02542 Extra Depth 5-foot Diameter Corrosion Proof Manhole VF 79 $ 80.00 $ 6,320.00 $ 1.00 $ 79.00 $ 120.00 $ 9,480.00 36 02542 6-foot Diameter Corrosion Proof Manhole,Complete in Ea 2 $ 8,000.00 $ 16,000.00 $ 19,000.00 $ 38,000.00 $ 21,840.00 $ 43,680.00 Place 37 02542 Extra Depth 6-foot Diameter Corrosion Proof Manhole VF 2 $ 80.00 $ 160.00 $ 1.00 $ 2.00 $ 132.00 $ 264.00 38 02542 7-foot Diameter Corrosion Proof Manhole,Complete in Ea 2 $ 10,000.00 $ 20,000.00 $ 23,000.00 $ 46,000.00 $ 23,790.00 $ 47,580.00 Place 39 02542 Extra Depth 7-foot Diameter Corrosion Proof Manhole VF 24 $ 80.00 $ 1,920.00 $ 1.00 $ 24.00 $ 143.00 $ 3,432.00 40 02542 8-foot Diameter Corrosion Proof Manhole,Complete in Ea I $ 14,000.00 $ 14,000.00 $ 5,200.00 $ 5,200.00 $ 27,100.00 $ 27,100.00 Place 41 02542 Extra Depth 8-foot Diameter Corrosion Proof Manhole VF 5 $ 80.00 $ 400.00 $ 1.00 $ 5.00 $ 154.00 $ 770.00 42 02542 4-foot Diameter Extra Depth for 7-and 8-foot Diameter VF 20 $ 80.00 $ 1,600.00 $ 1.00 $ 20.00 $ 110.00 $ 2,200.00 Corrosion Proof Manhole 43 02542 Adjust Manhole to Final Grade Ea 45 $ 230.00 $ 10,350.00 $ 350.00 $ 15,750.00 $ 550.00 $ 24,750.00 44 02531 Standard Stack(0-3-Ft),All Sizes,Complete in Place Ea 1 $ 400.00 $ 400.00 $ 1,900.00 $ 1,900.00 $ 400.00 $ 400.00 45 02531 Extra Depth Stack(>3-Ft),All Sizes,Complete in Place VF 6 $ 24.00 $ 144.00 $ 1.00 $ 6.00 $ 15.00 $ 90.00 46 02542 Internal Manhole Drop,All Sizes,Complete in Place Ea 2 $ 3,700.00 $ 7,400.00 $ 3,000.00 $ 6,000.00 $ 1,720.00 $ 3,440.00 47 02542 Extra Depth Internal Manhole Drop,All Sizes,Complete VF 6 $ 9.00 $ 54.00 $ 1.00 $ 6.00 $ 40.00 $ 240.00 in Place 48 02220 Abandon Existing Pearland Parkway Lift Station LS 1 $ 5,400.00 $ 5,400.00 $ 12,000.00 $ 12,000.00 $ 22,000.00 $ 22,000.00 Including:Removing Equipment,Plugging Wall Penetrations,Demolishing to 4-feet Below Grade,Filling _ with Cement Stabilized Sand,and Backfilling Remaining Hole 49 01570 Trench Safety System LF 14,845 $ 1.00 $ 14,845.00 $ 1.00 $ 14,845.00 $ 1.00 $ 14,845.00 50 02921 Hydro Mulch Seeding,Complete in Place Ac 11.90 $ 1,000.00 $ 11,900.00 $ 100.00 $ 1,190.00 $ 1,360.00 $ 16,184.00 SUBTOTAL SANITARY SEWER: $ 3,037,019.00 $ 3,315,962.00 $ 3,368,424.90 SUBTOTAL BASE BID ITEMS: $ 3,450,406.00 $ 3,583,398.86 $ 3,777,176.45 EXTRA ITEMS 51 02318 Extra Machine Excavation to Obtain Stable Trench or CY 191 $ 12.00 $ 2,292.00 $ 5.00 $ 955.00 $ 10.00 $ 1,910.00 Manhole Bottom 52 02252 Extra Cement Stabilized Sand to Obtain Stable Trench or CY 96 $ 30.00 $ 2,880.00 $ 24.00 $ 2,304.00 $ 35.00 $ 3,360.00 Manhole Bottom _ 53 02318 Extra Crushed Rock to Obtain Stable Trench or Manhole CY 96 $ 60.00 $ 5,760.00 $ 25.00 $ 2,400.00 $ 45.00 $ 4,320.00 Bottom 54 02530 Additional Cost for Wet Sand Construction for Open Cut LF 680 $ 50.00 $ 34,000.00 $ 13.00 $ 8,840.00 $ 40.00 $ 27,200.00 Sanitary Sewer;All Sizes,All Depths l SUBTOTAL EXTRA ITEMS: $ 44,932.00 $ 14,499.00 $ 36,790.00 GRAND TOTAL. $ 3,495,338.00 $ 3,597,897.86 $ 3,813,966.45 4 of 8 Originated:8/26/2006 Form:312005 Page Printed:9/14/2006 BID TABULATION :1 State Highway 35 Trunk Sanitary Sewer.Project 2 Huff&Mitchell,Inc. Pace Services,L.P Triple"B"Services,L.L.P [ 5/''1"/All D,, from John Lizer Road to Industrial Drive 16410 Huffmeister Rd. 14226 Huffmeister Rd. 820 Old Atascoocita Rd. `'"""','. City of Pearland Cypress,Texas 77429 Cypress,Tx.77429 Huffman,Tx.77336 BID NO. 2006-065 (281)304-9100 1+(281)256-2201 (281)324-3264 BID DATE.September 13,2006;2:30 PM ITEM SPEC. BID ITEM DESCRIPTION UNIT NO. SECT. QTY UNIT PRICE AMOUNT BID UNIT PRICE AMOUNT BID UNIT PRICE AMOUNT BID BASE BID ITEMS MOVE-IN&START-UP 1 01505 Mobilization LS 1 $ 230,000.00 $ 230,000.00 $ 300,000.00 $ 300,000.00 $ 210,000.00 $ 210,000.00 2 01555 Flagmen LS 1 $ 15,000.00 $ 15,000.00 $ 75,000.00 $ 75,000.00 $ 40,000.00 $ 40,000.00 3 01555 Traffic Control LS 1 $ 60,000.00 $ 60,000.00 $ 55,000.00 $ 55,000.00 $ 40,000.00 $ 40,000.00 4 02200 Clearing&Grubbing SY 57,615 $ 0.10 $ 5,761.50 $ 1.35 $ 77,780.25 $ 2.10 $ 120,991.50 5 01564 Control of Surface Water LF 15,881 $ 0.50 $ 7,940.50 $ 1.20 $ 19,057.20 $ 0.50 $ 7,940.50 6 01564 Control of Ground Water;(Dewatering) LF 15,009 $ 10.00 $ 150,090.00 $ 45.00 $ 675,405.00 $ 31.00 $ 465,279.00 7 01560 Filter Fabric Fence LF 15,345 $ 0.80 $ 12,276.00 $ 1.00 $ 15,345.00 $ 1.30 $ 19,948.50 8 01561 Reinforced Filter Fabric Barrier LF 1,320 $ 1.00 $ 1,320.00 $ 1.40 $ 1,848.00 $ 1.30 $ 1,716.00 SUBTOTAL MOVE-IN&START-UP. $ 482,388.00 $ 1,219,435.45 $ 905,875.50 SANITARY SEWER 9 02530 10-inch Sanitary Sewer,Open Cut 10-12 Foot Depth LF 910 $ 160.00 $ 145,600.00 $ 63.70 $ 57,967.00 $ 100.00 $ 91,000.00 under Asphalt Road 10 02530 12-inch Sanitary Sewer,Open Cut 6-8 Foot Depth LF 1,900 $ 46.00 $ 87,400.00 $ 49 40 $ 93,860.00 $ 57.00 $ 108,300.00 _ 11 02530 12-inch Sanitary Sewer,Open Cut 8-10 Foot Depth LF 1,818 $ 46.00 $ 83,628.00 $ 52.80 $ 95,990.40 $ 60.00 $ 109,080.00 12 02530 12-inch Sanitary Sewer,Open Cut 10-12 Foot Depth LF 740 $ 46.00 $ 34,040.00 $ 58.20 $ 43,068.00 $ 64.00 $ 47,360.00 13 02530 12-inch Sanitary Sewer,Open Cut 12-14 Foot Depth LF 694 $ 46.00 $ 31,924.00 $ 68.00 $ 47,192.00 $ 73.00 $ 50,662.00 14 02415 12-inch Sanitary Sewer in 18-inch Augered Steel Casing LF 229 $ 600.00 $ 137,400.00 $ 320.00 $ 73,280.00 $ 670.00 $ 153,430.00 15 02530 18-inch Sanitary Sewer;Open Cut,14-16 Foot Depth LF 264 $ 130.00 $ 34,320.00 $ 105.50 $ 27,852.00 $ 92.00 $ 24,288.00 16 02530 18-inch Sanitary Sewer;Open Cut,16-18 Foot Depth LF 1,301 $ 130.00 $ 169,130.00 $ 128.00 $ 166,528.00 $ 100.00 $ 130,100.00 17 02530 18-inch Sanitary Sewer;Open Cut,18-20 Foot Depth LF 369 $ 130.00 $ 47,970.00 $ 158.00 $ 58,302.00 $ 115.00 $ 42,435.00 18 02415 18-inch Sanitary Sewer in 24-inch Augered Steel Casing LF 56 $ 865.00 $ 48,440.00 $ 570.00 $ 31,920.00 $ 780.00 $ 43,680.00 19 02530 Apply Corrosion Resistant Liner to Manhole on Pearland LS 1 $ 3,000.00 $ 3,000.00 $ 10,000.00 $ 10,000.00 $ 4,200.00 $ 4,200.00 Parkway 20 02530 24-inch Sanitary Sewer;Open Cut,12-14 Foot Depth LF 1,433 $ 160.00 $ 229,280.00 $ 99.40 $ 142,440.20 $ 118.00 $ 169,094.00 21 02530 24-inch Sanitary Sewer;Open Cut,14-16 Foot Depth LF 1,203 $ 160.00 $ 192,480.00 $ 113.00 $ 135,939.00 $ 126.00 $ 151,578.00 22 02530 24-inch Sanitary Sewer;Open Cut,16-18 Foot Depth LF 387 $ 160.00 $ 61,920.00 $ 130.50 $ 50,503.50. $ 140.00 $ 54,180.00 23 02415 24-inch Sanitary Sewer in 30-inch Augered Steel Casing LF 194 $ 1,000.00 $ 194,000.00 $ 555.00 $ 107,670.00 $ 880.00 $ 170,720.00 24 02530 30-inch Sanitary Sewer;Open Cut,16-18 Foot Depth LF 8 $ 200.00 $ 1,600.00 $ 200.00 $ 1,600.00 $ 200.00 $ 1,600.00 25 02530 30-inch Sanitary Sewer;Open Cut,18-20 Foot Depth LF 3,387 $ 200.00 $ 677,400.00 $ 203.20 $ 688,238.40 $ 196.00 $ 663,852.00 26 02530 30-inch Sanitary Sewer;Open Cut,20-22 Foot Depth LF 237 $ 200.00 $ 47,400.00 $ 230.00 $ 54,510.00 $ 210.00 $ 49,770.00 27 02415 30-inch Sanitary Sewer in 36-inch Augered Steel Casing LF 751 $ 1,100.00 $ 826,100.00 $ 650.00 $ 488,150.00 $ 1,000.00 $ 751,000.00 28 02542 4-foot Diameter Manhole,Complete in Place Ea 17 $ 2,500.00 $ 42,500.00 $ 1,200.00 $ 20,400.00 $ 2,000.00 $ 34,000.00 29 02542 Extra Depth 4-foot Diameter Manhole VF 15 $ 75.00 $ 1,125.00 $ 90.00 $ 1,350.00 $ 135.00 $ 2,025.00 30 02542 4-foot Diameter Corrosion Resistant Manhole,Complete Ea 5 $ 4,000.00 $ 20,000.00 $ 2,200.00 $ 11,000.00 $ 3,400.00 $ 17,000.00 in Place 31 02542 Extra Depth 4-foot Diameter Corrosion Resistant VF 25 $ 170.00 $ 4,250.00 $ 120.00 $ 3,000.00 $ 240.00 $ 6,000.00 Manhole 32 02542 4-foot Diameter Corrosion Proof Manhole,Complete in Ea 1 $ 8,900.00 $ 8,900.00 $ 4,150.00 $ 4,150.00 $ 8,500.00 $ 8,500.00 Place Form:3/2005 Page 5 of 8 Originated:8/26/2006 9 Printed:9/14/2006 s '�� BID TABULATION State Highway 35 Trunk Sanitary Sewer Project 2 Huff&Mitchell,Inc. Pace Services,L.P Triple"B"Services,L.L.P Y.,Z1'•rAR D,i from John Lizer Road to Industrial Drive 16410 Huffineister Rd. 14226 Huffmeister Rd. 820 Old Atascoocita Rd. City of Pearland Cypress,Texas 77429 Cypress,Tx.77429 Huffman,Tx.77336 BID NO. 2006-065 BID DATE:September 13,2006;2:30 PM (281)304-9100 1+(281)256-2201 (281)324-3264 ITEM SPEC. BID ITEM DESCRIPTION UNIT NO. SECT. QTY UNIT PRICE AMOUNT BID UNIT PRICE AMOUNT BID UNIT PRICE AMOUNT BID 33 02542 Extra Depth 4-foot Diameter Corrosion Proof Manhole VF 4 $ 20.00 $ 80.00 $ 265.00 $ 1,060.00 $ 165.00 $ 660.00 34 02542 5-foot Diameter Corrosion Proof Manhole,Complete in Ea 17 $ 12,000.00 $ 204,000.00 $ 7,010.00 $ 119,170.00 $ 11,300.00 $ 192,100.00 Place 35 02542 Extra Depth 5-foot Diameter Corrosion Proof Manhole VF 79 $ 20.00 $ 1,580.00 $ 307.00 $ 24,253.00 $ 165.00 $ 13,035.00 36 02542 6-foot Diameter Corrosion Proof Manhole,Complete in Ea 2 $ 21,000.00 $ 42,000.00 $ 26,000.00 $ 52,000.00 $ 24,500.00 $ 49,000.00 Place 37 02542 Extra Depth 6-foot Diameter Corrosion Proof Manhole VF 2 $ 20.00 $ 40.00 $ 407.00 $ 814.00 $ 170.00 $ 340.00 38 02542 7-foot Diameter Corrosion Proof Manhole,Complete in Ea 2 $ 24,000.00 $ 48,000.00 $ 26,000.00 $ 52,000.00 $ 25,000.00 $ 50,000.00 Place 39 02542 Extra Depth 7-foot Diameter Corrosion Proof Manhole VF 24 $ 20.00 $ 480.00 $ 407.00 $ 9,768.00 $ 170.00 $ 4,080.00 40 02542 8-foot Diameter Corrosion Proof Manhole,Complete in Ea 1 $ 19,000.00 $ 19,000.00 $ 26,000.00 $ 26,000.00 $ 25,000.00 $ 25,000.00 Place 41 02542 Extra Depth 8-foot Diameter Corrosion Proof Manhole VF 5 $ 20.00 $ 100.00 $ 407.00 $ 2,035.00 $ 170.00 $ 850.00 42 02542 4-foot Diameter Extra Depth for 7-and 8-foot Diameter VF 20 $ 20.00 $ 400.00 $ 265.00 $ 5,300.00 $ 170.00 $ 3,400.00 Corrosion Proof Manhole 43 02542 Adjust Manhole to Final Grade Ea 45 $ 20.00 $ 900.00 $ 50.00 $ 2,250.00 $ 125.00 $ 5,625.00 44 02531 Standard Stack(0-3-Ft),All Sizes,Complete in Place Ea 1 $ 900.00 $ 900.00 $ 3,000.00 $ 3,000.00 $ 800.00 $ 800.00 45 02531 Extra Depth Stack(>3-Ft),All Sizes,Complete in Place VF 6 $ 5.00 $ 30.00 $ 50.00 $ 300.00 $ 50.00 $ 300.00 46 02542 Internal Manhole Drop,All Sizes,Complete in Place Ea 2 $ 3,000.00 $ 6,000.00 $ 3,500.00 $ 7,000.00 $ 2,200.00 $ 4,400.00 47 02542 Extra Depth Internal Manhole Drop,All Sizes,Complete VF 6 $ 11.00 $ 66.00 $ 100.00 $ 600.00 $ 75.00 $ 450.00 in Place 48 02220 Abandon Existing Pearland Parkway Lift Station LS 1 $ 10,000.00 $ 10,000.00 $ 40,000.00 $ 40,000.00 $ 9,500.00 $ 9,500.00 Including:Removing Equipment,Plugging Wall Penetrations,Demolishing to 4-feet Below Grade,Filling with Cement Stabilized Sand,and Backfilling Remaining Hole 49 01570 Trench Safety System LF 14,845 $ 1.00 $ 14,845.00 $ 0.10 $ 1,484.50 $ 3.50 $ 51,957.50 50 02921 Hydro Mulch Seeding,Complete in Place Ac 11.90 $ 1,200.00 $ 14,280.00 $ 1,500.00 $ 17,850.00 $ 1,000.00 $ 11,900.00 SUBTOTAL SANITARY SEWER: $ 3,492,508.00 $ 2,779,795.00 $ 3,307,251.50 SUBTOTAL BASE BID ITEMS: $ 3,974,896.00 $ 3,999,230.45 $ 4,213,127.00 EXTRA ITEMS 51 02318 Extra Machine Excavation to Obtain Stable Trench or CY 191 $ 10.00 $ 1,910.00 $ 10.00 $ 1,910.00 $ 15.00 $ 2,865.00 Manhole Bottom 52 02252 Extra Cement Stabilized Sand to Obtain Stable Trench or CY 96 $ 25.00 $ 2,400.00 $ 25.00 $ 2,400.00 $ 25.00 $ 2,400.00 Manhole Bottom 53 02318 Extra Crushed Rock to Obtain Stable Trench or Manhole CY 96 $ 25.00 $ 2,400.00 $ 35.00 $ 3,360.00 $ 60.00 $ 5,760.00 Bottom 54 02530 Additional Cost for Wet Sand Construction for Open Cut LF 680 $ 15.00 $ 10,200.00 $ 35.00 $ 23,800.00 $ 35.00 $ 23,800.00 Sanitary Sewer;All Sizes,All Depths - SUBTOTAL EXTRA ITEMS: $ 16,910.00 $ 31,470.00 $ 34,825.00 GRAND TOTAL. $ 3,991,806.00 $ 4,030,700.45 $ 4,247,952.00 6 of 8 Originated:8/26/2006 Form:3/2005 Page Printed:9/14/2006 Y� BID TABULATION State Highway 35 Trunk Sanitary Sewer Project 2 ,( ""IC"`D. from John Lizer Road to Industrial Drive AVERAGE OF 3 LOW BIDDERS AVERAGE OF ALL BIDDERS ENGINEER'S OPINION OF COST "_ City of Pearland BID NO. 2006-065 BID DATE:September 13,2006;2:30 PM ITEM SPEC. BID ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT NO. SECT, BASE BID ITEMS MOVE-IN&START-UP 1 01505 Mobilization LS I $ 221,050.00 $ 221,050.00 $ 210,911 11 $ 210,911.11 $ 117,360.00 $ 117,360 2 01555 Flagmen LS 1 $ 50,500.00 $ 50,500.00 $ 40,777 78 $ 40,777 78 $ 14,400.00 $ 14,400 3 01555 Traffic Control LS 1 $ 68,350.00 $ 68,350.00 $ 58,822.22 $ 58,822.22 $ 29,341.00 $ 29,341 4 02200 Clearing&Grubbing SY 57,615 $ 0.30 $ 17,428.54 $ 0.54 $ 31,176.12 $ 1.00 $ 57,615 5 01564 Control of Surface Water LF 15,881 $ 0.98_ $ 15,523.68 $ 0.69 $ 10,887.31 $ 2.00 $ 31,762 6 01564 Control of Ground Water;(Dewatering) LF 15,009 $ 4.01 $ 60,111.05 $ 13.11 $ 196,818.02 $ 20.46 $ 307,053 7 01560 Filter Fabric Fence LF 15,345 $ 1.00 $ 15,345.00 $ 0.91 $ 13,981.00 $ 1.00 $ 15,345 8 01561 Reinforced Filter Fabric Barrier LF 1,320 $ 1.41 $ 1,864.50 $ 1.20 $ 1,579.60 $ 2.00 $ 2,640 SUBTOTAL MOVE-IN&START-UP. $ 450,172.76 $ 564,953.16 $ 575,516 SANITARY SEWER 9 02530 10-inch Sanitary Sewer,Open Cut 10-12 Foot Depth LF 910 $ 115.78 $ 105,355.25 $ 114.28 $ 103,997.83 $ 72.25 $ 65,748 under Asphalt Road 10 02530 12-inch Sanitary Sewer,Open Cut 6-8 Foot Depth LF 1,900 $ 39.25 $ 74,575.00 $ 49.95 $ 94,905.00 $ 40.48 $ 76,912 11 02530 12-inch Sanitary Sewer,Open Cut 8-10 Foot Depth LF _ 1,818 $ 40.78 $ 74,128.95 $ 52.00 $ 94,536.00 $ 48.26 $ 87,737 12 02530 12-inch Sanitary Sewer,Open Cut 10-12 Foot Depth LF 740 $ 49.64 $ 36,731.75 $ 59.08 $ 43,721.67 $ 57.81 $ 42,779 13 02530 12-inch Sanitary Sewer,Open Cut 12-14 Foot Depth LF 694 $ 54.06 $ 37,519.38 $ 65.22 $ 45,264.22 $ 69.35 $ 48,129 14 02415 12-inch Sanitary Sewer in 18-inch Augered Steel Casing LF 229 $ 278.84 $ 63,853.79 $ 376.77 $ 86,279.57 $ 450.00 $ 103,050 15 02530 18-inch Sanitary Sewer;Open Cut,14-16 Foot Depth LF 264 $ 123.45 $ 32,590.80 $ 119.68 $ 31,596.40 $ 89.82 $ 23,712 16 02530 18-inch Sanitary Sewer;Open Cut,16-18 Foot Depth LF 1,301 $ 127.98 $ 166,495.48 $ 131.08 $ 170,532.19 $ 94.95 $ 123,530 17 02530 18-inch Sanitary Sewer;Open Cut,18-20 Foot Depth LF 369 $ 134.15 $ 49,501.35 $ 139.04 $ 51,307 40 $ 101.80 $ 37,564 18 02415 18-inch Sanitary Sewer in 24-inch Augered Steel Casing LF 56 $ 608.25 $ 34,062.00 $ 635.54 $ 35,590.18 $ 450.00 $ 25,200 19 02530 Apply Corrosion Resistant Liner to Manhole on Pearland LS 1 $ 3,582.50 $ 3,582.50 $ 4,258.89 $ 4,258.89 $ 3,500.00 $ 3,500 Parkway 20 02530 24-inch Sanitary Sewer;Open Cut,12-14 Foot Depth LF 1,433 $ 128.58 $ 184,247.98 $ 129.34 $ 185,342.63 $ 97.58 $ 139,832 21 02530 24-inch Sanitary Sewer;Open Cut,14-16 Foot Depth LF 1,203 $ 140.83 $ 169,412.48 $ 138A6 $ 166,562.03 $ 103.49 $ 124,498 22 02530 24-inch Sanitary Sewer;Open Cut,16-18 Foot Depth LF 387 $ 147 45 $ 57,063.15 $ 147 71 $ 57,164.20 $ 109 40 $ 42,338 23 02415 24-inch Sanitary Sewer in 30-inch Augered Steel Casing LF 194 $ 562.88 $ 109,197 75 $ 636.94 $ 123,567.22 $ 600.00 $ 116,400 24 02530 30-inch Sanitary Sewer;Open Cut,16-18 Foot Depth LF 8 $ 185.86 $ 1,486.90 $ 189.27 $ 1,514.18 $ 122.12 $ 977 25 02530 30-inch Sanitary Sewer;Open Cut,18-20 Foot Depth LF 3,387 $ 202.61 $ 686,248.54 $ 213.84 $ 724,272.32 $ 130.93 $ 443,460 26 02530 30-inch Sanitary Sewer;Open Cut,20-22 Foot Depth LF 237 $ 204.80 $ 48,537.60 $ 211.24 $ 50,063.62 $ 135.36 $ 32,080 27 02415 30-inch Sanitary Sewer in 36-inch Augered Steel Casing LF 751 $ 794.68 $ 596,800.93 $ 813.47 $ 610,917.64 $ 750.00 $ 563,250 28 02542 4-foot Diameter Manhole,Complete in Place Ea 17 $ 2,600.00 $ 44,200.00 $ 2,550.00 $ 43,350.00 $ 3,000.00 $ 51,000 29 02542 Extra Depth 4-foot Diameter Manhole VF 15 $ 132.50 $ 1,987.50 $ 109.00 $ 1,635.00 $ 200.00 $ 3,000 30 02542 4-foot Diameter Corrosion Resistant Manhole,Complete Ea 5 $ 3,762.50 $ 18,812.50 $ 3,918.89 $ 19,594.44 $ 3,500.00 $ 17,500 in Place 31 02542 Extra Depth 4-foot Diameter Corrosion Resistant VF 25 $ 211.25 $ 5,281.25 $ 181.78 $ 4,544.44 $ 250.00 $ 6,250 Manhole 32 02542 4-foot Diameter Corrosion Proof Manhole,Complete in Ea 1 $ 6,407.50 $ 6,407.50 $ 7,022.78 $ 7,022.78 $ 4,800.00 $ 4,800 Place Originated:8/26/2006 Form:3/2005 Page 7 of 8 Printed:9/14/2006 ~��- BID TABULATION State Highway 35 Trunk Sanitary Sewer Project 2 Re E 4 ,/,4\D: from John Lizer Road to Industrial Drive AVERAGE OF 3 LOW BIDDERS AVERAGE OF ALL BIDDERS ENGINEER'S OPINION OF COST P' City of Pearland BID NO. 2006-065 BID DATE.September 13,2006;2:30 PM ITEM SPEC. BID ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT NO. SECT. 33 02542 Extra Depth 4-foot Diameter Corrosion Proof Manhole VF 4 $ 118.75 $ 475.00 $ 115.11 $ 460.44 $ 400.00 $ ,1,600 34 02542 5-foot Diameter Corrosion Proof Manhole,Complete in Ea 17 $ 9,607.50 $ 163,327.50 $ 10,052.78 $ 170,897.22 $ 7,500.00 $ 127,500 Place 35 02542 Extra Depth 5-foot Diameter Corrosion Proof Manhole VF 79 $ 183.75 $ 14,516.25 $ 149 78 $ 11,832.44 $ 450.00 $ 35,550 36 02542 6-foot Diameter Corrosion Proof Manhole,Complete in Ea 2 $ 17,850.00 $ 35,700.00 $ 20,415.56 $ 40,831 11 $ 9,000.00 $ 18,000 Place 37 02542 Extra Depth 6-foot Diameter Corrosion Proof Manhole . VF 2 $ 237.50 $ 475.00 $ 186.67 $ 373.33 $ 562.50 $ 1,125 38 02542 7-foot Diameter Corrosion Proof Manhole,Complete in Ea 2 $ 17,737.50 $ 35,475.00 $ 21,415.56 $ 42,831.11 $ 12,900.00 $ 25,800 Place 39 02542 Extra Depth 7-foot Diameter Corrosion Proof Manhole VF 24 $ 263.75 $ 6,330.00 $ 199.56 $ 4,789.33 $ 750.00 $ 18,000 40 02542 8-foot Diameter Corrosion Proof Manhole,Complete in Ea 1 $ 22,050.00 $ 22,050.00 $ 21,166.67 $ 21,166.67 $ 18,000.00 $ 18,000 Place 41 02542 Extra Depth 8-foot Diameter Corrosion Proof Manhole VF 5 $ 332.50 $ 1,662.50 $ 231.33 $ 1,156.67 $ 1,042.50 $ 5,213 42 02542 4-foot Diameter Extra Depth for 7-and 8-foot Diameter VF 20 $ 87.50 $ 1,750.00 $ 101.78 $ 2,035.56 $ 250.00 $ 5,000 Corrosion Proof Manhole 43 02542 Adjust Manhole to Final Grade Ea 45 $ 187.50 $ 8,437.61 $ 205.00 $ 9,225.05 $ 100.00 $ 4,500 44 02531 Standard Stack(0-3-Ft),All Sizes,Complete in Place Ea 1 $ 577.50 $ 577.50 $ 1,034.44 $ 1,034.44 $ 100.00 $ 100 45 02531 Extra Depth Stack(>3-Ft),All Sizes,Complete in Place VF 6 $ 16.50 $ 99.00 $ 20.78 $ 124.67 $ 35.00 $ 210 46 02542 Internal Manhole Drop,All Sizes,Complete in Place Ea 2 $ 2,242.50 $ 4,485.00 $ 2,487 78 $ 4,975.56 $ 750.00 $ 1,500 47 02542 Extra Depth Internal Manhole Drop,All Sizes,Complete VF 6 $ 19 75 $ 118.50 $ 34.00 $ 204.00 $ 200.00 $ 1,200 in Place 48 02220 Abandon Existing Pearland Parkway Lift Station LS 1 $ 7,975.00 $ 7,975.00 $ 13,933.33 $ 13,933.33 $ 5,000.00 $ 5,000 Including:Removing Equipment,Plugging Wall Penetrations,Demolishing to 4-feet Below Grade,Filling with Cement Stabilized Sand,and Backfilling Remaining Hole 49 01570 Trench Safety System LF 14,845 $ 1.13 $ 16,737 74 $ 1.23 $ 18,325.33 $ 1.00 $ 14,845 50 02921 Hydro Mulch Seeding,Complete in Place Ac 11.90 $ 1,225.00 $ 14,577.50 $ 1,117 78 $ 13,301.56 $ 2,500.00 $ 29,750 SUBTOTAL SANITARY SEWER: $ 2,942,849.40 $ 3,115,037.67 $ 2,496,139 SUBTOTAL BASE BID ITEMS: $ 3,393,022.16 $ 3,679,990.82 $ 3,071,655 EXTRA ITEMS 51 02318 Extra Machine Excavation to Obtain Stable Trench or CY 191 $ 11.00 $ 2,101.00 $ 10.44 $ 1,994.89 $ 7.50 $ 1,433 Manhole Bottom 52 02252 Extra Cement Stabilized Sand to Obtain Stable Trench or CY 96 $ 18.00 $ 1,728.00 $ 22.89 $ 2,197.33 $ 37.50 $ 3,600 Manhole Bottom 53 02318 Extra Crushed Rock to Obtain Stable Trench or Manhole CY 96 $ 33.00 $ 3,168.00 $ 35.78 $ 3,434.67 $ 35.00 $ 3,360 Bottom 54 02530 Additional Cost for Wet Sand Construction for Open Cut LF 680 $ 27.25 $ 18,530.00 $ 27 44 $ 18,662.22 $ 22.50 $ 15,300 Sanitary Sewer;All Sizes,All Depths SUBTOTAL EXTRA ITEMS: $ 25,527.00 $ 26,289.11 $ 23,693 GRAND TOTAL. $ 3,418,549.16 $ 3,706,279.93 $ 3,095,348 Form:32005 Page 8 of 8 Originated:8/26/2006 9 Printed:9/14/2006 EXHIBIT � u a CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into on , 2006 by and between the City of Pearland ("CITY") and C&MP Construction and Management Professionals ("CONSULTANT"). The CITY engages the CONSULTANT to perform professional services for a project known and described as State Highway 35 Trunk Sewer("PROJECT"). SECTION I- SERVICES OF THE CONSULTANT The CONSULTANT shall perform the following professional services to CITY standards and in accordance with the degree of care and skill that a professional in Texas would exercise under the same or similar circumstances. A. The CONSULTANT shall provide Construction Management Services and Construction Inspection Services. See Exhibit A, attached, for a detailed SCOPE OF WORK and PROJECT schedule. The PROJECT schedule shall be submitted in digital and hard copy form in the Microsoft Project for Windows format. B The CONSULTANT shall prepare and submit a detailed opinion of estimated cost of the PROJECT C The CONSULTANT acknowledges that the CITY (through its employee handbook) considers the following to be misconduct that is grounds for termination of a CITY employee. Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the CITY The CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY employee to engage in such misconduct. D The CONSULTANT shall submit all final construction documents in both hard copy and electronic format. Plans shall be AutoCAD compatible and all other documents shall be Microsoft Office compatible. The software version used shall be compatible to current CITY standards. Other support documents, for example, structural calculations, drainage reports and geotechmcal reports, shall be submitted in hard copy only All Record Drawings electronic files shall be submitted to the CITY in TIF format. E. The CONSULTANT recognizes that all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT shall be delivered to the CITY upon request, shall become subject to the Open Records Laws of this State. F The CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors and omissions relating to the performance of any work by the CONSULTANT, its agents, employees or subcontractors under this Agreement, as follows. (1) Workers' Compensation as required by law (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non-owned vehicles, with mimmum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and$1,000,000 for property damage. The CONSULTANT shall include the CITY as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers' Compensation. Certificates of Insurance and endorsements shall be furnished to the CITY before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, and/or reduced in coverage or in limits ("Change in Coverage") except with prior written consent of the CITY and only after the CITY has been provided with written notice of such Change in Coverage, such notice to be sent to the CITY either by hand delivery to the City Manager or by certified mail, return receipt requested, and received by the City no fewer than thirty (30) days prior to the effective date of such Change in Coverage. Prior to commencing services under this CONTRACT, CONSULTANT shall furnish CITY with Certificates of Insurance, or formal endorsements as required by this CONTRACT, issued by CONSULTANT'S insurer(s), as evidence that policies providing the required coverage, conditions, and limits required by this CONTRACT are in full force and effect. G The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind for which CONSULTANT is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the CONSULTANT, his officers, employees, agents, or subcontractors under this CONTRACT -2- H. All parties intend that the CONSULTANT, in performing services pursuant to this CONTRACT, shall act as an independent contractor and shall have control of its own work and the manner in which it is performed. The CONSULTANT is not to be considered an agent or employee of the CITY SECTION II-PERIOD OF SERVICE This CONTRACT will be binding upon execution and end SECTION III- CONSULTANT'S COMPENSATION A. The method of payment for this CONTRACT is hourly not to exceed rate. Total compensation for the services performed shall be the sum of$222,200.00. B The CITY shall pay the CONSULTANT in installments based upon monthly progress reports and detailed invoices submitted by the CONSULTANT C The CITY shall make payments to the CONSULTANT within thirty (30) days after receipt and approval of a detailed invoice. Invoices shall be submitted on a monthly basis. SECTION IV- THE CITY'S RESPONSIBILITIES A. The CITY shall designate a project manager during the term of this CONTRACT The project manager has the authority to administer this CONTRACT and shall monitor compliance with all terms and conditions stated herein. All requests for information from or a decision by the CITY on any aspect of the work shall be directed to the project manager B The CITY shall review submittals by the CONSULTANT and provide prompt response to questions and rendering of decisions pertaining thereto, to minimize delay in the progress of the CONSULTANT'S work. The CITY will keep the CONSULTANT advised concerning the progress of the CITY'S review of the work. The CONSULTANT agrees that the CITY'S inspection, review, acceptance or approval of CONSULTANT'S work shall not relieve CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or its sub-consultant(s) or in any way affect the CONSULTANT's status as an independent contractor of the CITY SECTION V-TERMINATION A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason- - with or without cause -- by delivering written notice to CONSULTANT personally or by certified mail at P 0 Box 209, Barker, Texas 77413 Immediately after receiving such written notice, the CONSULTANT shall discontinue providing the services under this CONTRACT -3- B If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT, entirely or partially completed, together with all unused materials supplied by the CITY on or before the 15th day following termination of the CONTRACT C. In the event of such termination, the CONSULTANT shall be paid for services performed prior to receipt of the written notice of termination. The CITY shall make final payment within sixty(60) days after the CONSULTANT has delivered to the CITY a detailed invoice for services rendered and the documents or work product generated by the CONSULTANT under the CONTRACT D If the remuneration scheduled under this contract is based upon a fixed fee or definitely ascertainable sum, the portion of such sum payable shall be proportionate to the percentage of services completed by the CONSULTANT based upon the scope of work. E. In the event this CONTRACT is terminated, the CITY shall have the option of completing the work, or entering into a CONTRACT with another party for the completion of the work. F If the CITY terminates this CONTRACT for cause and/or if the CONTRACTOR breaches any provision of this CONTRACT, then the CITY shall have all rights and remedies in law and/or equity against CONSULTANT Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County, Texas. The laws of the State of Texas shall govern the terms of this CONTRACT The prevailing party in the action shall be entitled to recover its actual damages with interest, attorney's fees, costs and expenses incurred in connection with the dispute and/or action. CONSULTANT and CITY desire an expeditious means to resolve any disputes that may arise between under this CONTRACT To accomplish this, the parties agree to mediation as follows. If a dispute arises out of or relates to this CONTRACT, or the breach thereof, and if the dispute cannot be settled through negotiation,then the parties agree first to try in good faith, and before pursuing any legal remedies, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. SECTION VI—ENTIRE AGREEMENT This CONTRACT represents the entire agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or contracts, either written or oral. This CONTRACT may be amended only by written instrument signed by both parties. SECTION VII—COVENANT AGAINST CONTINGENT FEES The CONSULTANT affirms that he has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT to solicit or secure this -4- CONTRACT, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of the CONTRACT For breach or violation of this clause, the CITY may terminate this CONTRACT without liability, and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent fee that has been paid. SECTION VIII- SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto The parties have executed this CONTRACT this day of , 2006 CITY OF PEARLAND, TEXAS CONSULTANT -5- .F.u.. ...r a:Gsar•^ 4 ` £- C ® ® Construction and Management Professionals Helping You Achieve Your Objectives r n r aVaSESSISS' fi October 10, 2006 City of Pearland 3519 Liberty Drive Pearland, TX 75810 t a Attn. Mr Cecil Bowery . .....; ...:,: Reference State Highway 35 Trunk Sewer Contracts 1 and 2 Construction Inspection Services t .iG Dear Cecil, It1:X'i"...w,rr•V+'r'hkt:. ..$ +F.ik1Y.44:Y.4`fvtatt You have asked me to help your staff by providing a full time Construction Inspector on the referenced project. I am pleased to provide the following estimate (rounded to the nearest ._..�_x ... $100 00) Labor Contract Time Total Hours Rate Multiplier Total Costs 71314512820161 60 Weeks 1800 $35 00/Hour 2.25 $141,800 00 Expenses Mileage „ Y M Contract Time Miles/week Rate Multiplier Total Costs 60 Weeks 75 $0 475 1 00 $2,100 00 Office Electronics Contract Time Rate Multiplier Total Costs 14 Months $70 00 1 00 $1,000.00 Total 6$014700.0all We are available to begin work immediately and look forward to helping you and your staff provide a finished projects that meets the objectives of the City of Pearland, it citizens and the contractor :r. > Si rely, 4141 George uig '.E. - - PO Box 209 .,i frsai'.xtVGa.G eL ,T,_k'� Id•rv. . ., ..,-: ," Barker,Texas 77413 T 713.202.3237 maxim. mismicami r y; F 281 492.6836 george.puig@candmp.com O0 0 0 Construction and Management Professionals Helping You 4chieve Your Objectives Estimated Construction Management Costs Project Data Owner City of Pearland Type: Sanitary Trunck Sewer Project Name. State HWY 35 Trunck Sewer Contract 2. Contract Time: 426 Calendar Days Project No Approximate Cost: $3,000,000 ACTIVITY QUANTITY HOURS MILEAGE TOTAL ESTIMATE Construction Assistant Manager Construction Manager Before Advertisement Constructability Review 0 0• 0 0 Review Meetings 0 0 0 0 Sub Total 0 0 0 During Advertisement Pre Bid Conference 1 Prepare 0 0 Attend 0 0 0 Coordinate Questions 0 0 0 Addenda 2 Review 0 0 0 Issue 0 0 0 Contract Award 1 Prepare Bid Tabulation 0 0 0 Issue Award 0 0 0 Recommendation Sub Total 0 0 0 During Construction Pre Construction Conference 1 Prepare 3 6 0 Conduct/Attend 3 6 150 Submittals Construction Schedule 1 Initial Review 2 8 0 Monthly 10 0 30 0 Schedule of Values 2 1 4 0 Others 12 0 12 0 Status Meetings 30 Preparation 4 30 Attendance 20 60 - 3,000 Follow Up 2 30 Site visits 20 30 120 2,500 Pro ress Payments Initial Setup 1 1 6 Monthly 14 7 70 300 Change Orders 10 Review Necessity 5 20 Negotiation 0 10 200 • Preparation 0 20 Processing 0 10 • Substantial Completion 1 Page 1 of 2 0 0 0 0 Construction and Management Professionals Helping You 4cbieve Your Objectives Estimated Construction Management Costs Project Data Owner. City of Pearland Type:Sanitary Trunck Sewer Project Name.State HWY 35 Trunck Sewer Contract 2 Contract Time: 426 Calendar Days Project No. Approximate Cost: $3,000,000 ACTIVITY QUANTITY HOURS MILEAGE TOTAL ESTIMATE Inspection 0 6 150 Punch list Prep. 0 2 Follow up 0 8 50 Recommendation 1 0 Final Completion 1 Final Inspection 4 50 Follow Up 0 4 Recommendation 1 0 Sub Total 80 466 6,400 Following Construction Warranty 3 0. . 6 300 Final Walk Through 1 0 0 100 Sub Total 0 6 400 Total 80 472 6,800 Rate $80.00 $45 00 0 _ $6,400.00 $21,240.00 3,230 Multiplier 2.25 2.25 1.00 $14,400.00 $47,790.00 3,230 Contingency 0% 0% . . 0% Total $14,400.00 $47,790.00 3,230 $65,420.00 , Page 2 of 2 ZERESIGWIENNI Construction and Management Professionals vaismodass Helping You Achieve Your Objectives October 10, 2006 ., City of Pearland qs - 3519 Liberty Drive Pearland, TX 75810 Attn. Mr Cecil Bowery Reference State Highway 35 Trunk Sewer Construction Management Services—Contracts 1 and 2 P , ,.. Dear Cecil, You have asked me to help your staff by providing Construction Management Services on the referenced project. I am pleased to provide the following estimate Contract 1 Contract 2 Construction Management: $ 11,200 $ 62,200 Expenses. $ 700 $ 3,200 .Ae. tpv2 Total: s ;90`0i $6 ,r..t;" These estimated costs are from the totals on the attached spreadsheet,rounded to the nearest $100 This estimate is based on the project data shown and will need to be adjusted if that changes I am available to begin work immediately and look forward to helping you and your staff provide a finished project that meets the objectives of the City of Pearland, its citizens and the . -M =: 1 contractor p" If you have any questions please call. Sincerely; vrareassocas 10 igzoirowarsi i '`George 7) Puig, P.E. Rt E° PO Box 209 41 Barker,Texas 77413 T 713.202.3237 m F 281 492.6836 . < u george.puig@candmp.com mazma O0 ® 0 Construction and Management Professionals Helping Yon 4chieve Yaw Objectives Estimated Construction Management Costs Project Data Owner City of Pearland Type: Sanitary Trunck Sewer Project Name: State HWY 35 Trunck Sewer Contract 1 Contract Time. 90 Calendar Days Project No Approximate Cost: $300,000 ACTIVITY QUANTITY HOURS MILEAGE TOTAL ESTIMATE Construction Assistant Manager Construction Manager Before Advertisement Constructability Review 0 0 0 Review Meetings 0 0 0 Sub Total 0 During Advertisement Pre Bid Conference 1 Prepare 0 0 0 Attend 0 0 0 Coordinate Questions 0 0 0 ,Addenda 1 Review 0 0 0 Issue 0 0 0 Contract Award 1 Prepare Bid Tabulation 0 0 0 Issue Award 0 0 0 Recommendation Sub Total 0 0 0 During Construction Pre Construction Conference 1 Prepare 1 2 0 Conduct 4 4 50 Submittals Construction Schedule 1 Initial Review 1 4 0 Monthly 3 0 3 0 Schedule of Values 1 1 2 0 Others 2 0 2 0 Status Meetings 4 Preparation 0 4 Attendance 0 16 200 Follow Up 0 8 Site visits 4 2 4 300 Pro ress Payments Initial Setup 1 0 1 0 Monthly 4 0 9 0 Change Orders 2 Review Necessity 1 2 0 _Negotiation 0 4 100 Preparation 0 2 0 Processing 0 4 0 Substantial Completion 1 Inspection 0 4 100 Punch list Prep. 0 1 0 Follow up 0 1 100 Page 1 of 2 © 0 0 0 Construction and Management Professionals Helping You 4chicve}bur Objectives Estimated Construction Management Costs Project Data Owner. City of Pearland Type: Sanitary Trunck Sewer Project Name: State HWY 35 Trunck Sewer Contract 1 Contract.Time: 90 Calendar Days Project No. Approximate Cost: $300,000 ACTIVITY QUANTITY HOURS MILEAGE TOTAL ESTIMATE Recommendation 1 0 0 Final Completion 1 Final Inspection 0 4 100 _ _ Follow Up 0 0 100 Recommendation 1 0 0 Sub Total 12 81 1050 Following Construction _ Warranty 5 0 4 300 Final Walk Through 1 0 4 100 Sub Total 0 8 400 Total 12 89 1450 Rate $80.00 $45.00 $0.475 $960.00 $4,005.00 $688.75 Multiplier 2.25 2.25 1 00 $2,160.00 $9,011.25 $688.75 Contingency 0% 0% 0% Total $2,160.00 $9,011.25 $688.75 $11,860.00 Page 2 of 2 EXHIBIT CONTRACT FOR PROFESSIONAL SERVICES • THIS CONTRACT is entered into on , 2006 by and between the City of Pearland ("CITY") and Raba Kistner Consultants, Inc. ("CONSULTANT") The CITY engages the CONSULTANT to perform professional services for a project known and described as State Highway 35 Trunk Sewer("PROJECT"). SECTION I- SERVICES OF THE CONSULTANT The CONSULTANT shall perform the following professional services to CITY standards and in accordance with the degree of care and skill that a professional in Texas would exercise under the same or similar circumstances. A. The CONSULTANT shall provide Materials Testing Services. See Exhibit A, attached, for a detailed SCOPE OF WORK and PROJECT schedule. The PROJECT schedule shall be submitted in digital and hard copy form in the Microsoft Project for Windows format. B The CONSULTANT shall prepare and submit a detailed opinion of estimated cost of the PROJECT C The CONSULTANT acknowledges that the CITY (through its employee handbook) considers the following to be misconduct that is grounds for termination of a CITY employee: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the CITY The CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY employee to engage in such misconduct. D The CONSULTANT shall submit all final construction documents in both hard copy and electronic format. Plans shall be AutoCAD compatible and all other documents shall be Microsoft Office compatible. The software version used shall be compatible to current CITY standards. Other support documents, for example, structural calculations, drainage reports and geotechnical reports, shall be submitted in hard copy only All Record Drawings electronic files shall be submitted to the CITY in TIF format. E. The CONSULTANT recognizes that all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT shall be delivered to the CITY upon request, shall become subject to the Open Records Laws of this State. F The CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors and omissions relating to the performance of any work by the CONSULTANT, its agents, employees or subcontractors under this Agreement, as follows. (1) Workers' Compensation as required by law (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non-owned vehicles, with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and$1,000,000 for property damage. The CONSULTANT shall include the CITY as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers' Compensation. Certificates of Insurance and endorsements shall be furnished to the CITY before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, and/or reduced in coverage or in limits ("Change in Coverage") except with pnor written consent of the CITY and only after the CITY has been provided with written notice of such Change in Coverage, such notice to be sent to the CITY either by hand delivery to the City Manager or by certified mail, return receipt requested, and received by the City no fewer than thirty (30) days prior to the effective date of such Change in Coverage. Prior to commencing services under this CONTRACT, CONSULTANT shall furnish CITY with Certificates of Insurance, or formal endorsements as required by this CONTRACT, issued by CONSULTANT'S msurer(s), as evidence that policies providing the required coverage, conditions, and limits required by this CONTRACT are in full force and effect. G The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind for which CONSULTANT is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the CONSULTANT, his officers, employees, agents, or subcontractors under this CONTRACT -2- H. All parties intend that the CONSULTANT, in performing services pursuant to this CONTRACT, shall act as an independent contractor and shall have control of its own work and the manner in which it is performed. The CONSULTANT is not to be considered an agent or employee of the CITY SECTION II-PERIOD OF SERVICE This CONTRACT will be binding upon execution and end SECTION III -CONSULTANT'S COMPENSATION A. The method of payment for this CONTRACT is hourly not to exceed rate. Total compensation for the services performed shall be the sum of$152,825.00. B The CITY shall pay the CONSULTANT in installments based upon monthly progress reports and detailed invoices submitted by the CONSULTANT C The CITY shall make payments to the CONSULTANT within thirty (30) days after receipt and approval of a detailed invoice. Invoices shall be submitted on a monthly basis. SECTION IV- THE CITY'S RESPONSIBILITIES A. The CITY shall designate a project manager during the term of this CONTRACT The project manager has the authority to administer this CONTRACT and shall monitor compliance with all terms and conditions stated herein. All requests for information from or a decision by the CITY on any aspect of the work shall be directed to the project manager B The CITY shall review submittals by the CONSULTANT and provide prompt response to questions and rendering of decisions pertaining thereto, to minimize delay in the progress of the CONSULTANT'S work. The CITY will keep the CONSULTANT advised concerning the progress of the CITY'S review of the work. The CONSULTANT agrees that the CITY'S inspection, review, acceptance or approval of CONSULTANT'S work shall not relieve CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or its sub-consultant(s) or in any way affect the CONSULTANT's status as an independent contractor of the CITY SECTION V- TERMINATION A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason- - with or without cause -- by delivering written notice to CONSULTANT personally or by certified mail at 8601 Jameel, Suite 150, Houston, Texas 77040- 5064 Immediately after receiving such written notice, the CONSULTANT shall discontinue providing the services under this CONTRACT -3- B If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT, entirely or partially completed, together with all unused materials supplied by the CITY on or before the 15th day following termination of the CONTRACT C. In the event of such termination, the CONSULTANT shall be paid for services performed prior to receipt of the written notice of termination. The CITY shall make final payment within sixty(60) days after the CONSULTANT has delivered to the CITY a detailed invoice for services rendered and the documents or work product generated by the CONSULTANT under the CONTRACT D If the remuneration scheduled under this contract is based upon a fixed fee or definitely ascertainable sum, the portion of such sum payable shall be proportionate to the percentage of services completed by the CONSULTANT based upon the scope of work. E. In the event this CONTRACT is terminated, the CITY shall have the option of completing the work, or entering into a CONTRACT with another party for the completion of the work. F If the CITY terminates this CONTRACT for cause and/or if the CONTRACTOR breaches any provision of this CONTRACT, then the CITY shall have all rights and remedies in law and/or equity against CONSULTANT Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County, Texas. The laws of the State of Texas shall govern the terms of this CONTRACT The prevailing party in the action shall be entitled to recover its actual damages with interest, attorney's fees, costs and expenses incurred in connection with the dispute and/or action. CONSULTANT and CITY desire an expeditious means to resolve any disputes that may arise between under this CONTRACT To accomplish this, the parties agree to mediation as follows. If a dispute arises out of or relates to this CONTRACT, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before pursuing any legal remedies, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. SECTION VI—ENTIRE AGREEMENT This CONTRACT represents the entire agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or contracts, either written or oral. This CONTRACT may be amended only by written instrument signed by both parties. SECTION VII—COVENANT AGAINST CONTINGENT FEES The CONSULTANT affirms that he has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT to solicit or secure this -4- CONTRACT, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of the CONTRACT For breach or violation of this clause, the CITY may terminate this CONTRACT without liability, and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent fee that has been paid. SECTION VIII- SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto The parties have executed this CONTRACT this day of , 2006 CITY OF PEARLAND, TEXAS CONSULTANT -5- Engineering•Testing Environmental•Facilities Infrastructure Ex Raba Kistner Raba-Kistner Consultants,Inc. Proposal No PHD06-092 8601 Jameel,Suite 150 Houston,TX 77040-5064 (713)996-8990 FAX(713)996-8993 www.rkci.com September 15, 2006 Mr Trent Epperson City of Pearland 3519 Liberty Drive Pearland, TX 77581 Reference State Highway 35 Trunk Sanitary Sewer. Project 2, Project No W42041 Bid No B2006-065 Dear Mr Epperson Raba=Kistner_Con�ultants,l'nc. (R-K) appreciates the opportunity to submit our proposed scope of services and budget estimate for the above referenced project. Based on the proposed scope of services, we estimate a budget of$1-3.7149:Q0: Any additional services requested and not part of the cost breakdown will be charged in accordance with City of Pearland Fee Schedule We appreciate the opportunity to serve you If you have any questions or require additional information, please contact me at your convenience Very truly yours, RABA-KISTNER CONSULTANTS, INC Mark D Wells, P E. Vice President MDW/ep Copies Submitted.-1 Attachments Cost Breakdown P•1CMT Transfer FileWctive Proposals 120061PHD06.092 Raba Kistner 8 I N C i5 Austin • Brownsville • El Paso• Houston • McAllen • Mexico•.San Antonio 1 9 6 8 Attachment I Cost Breakdown for State Highway 35 Trunk Sanitary Sewer. Project 2, Project No W42041 Bid No B2006-065 Proposal No. PHD06-092 Quantity Rate Unit Amount PERSONNEL 80 Technician NICET II HMA- 1A 1800 x $53.00 /Hr = $95,400 00 85 Technician NICET II HMA- 1A OT 350 x $64.50 /Hr = $22,575.00 MATERIALS TESTING 2000 Concrete Mix Design Inspection and Testing: 2010 Mix Design Review(ACI-214): (Using previously determined 2 x $115.00 /Ea = $230.00 aggregate properties and other design factors) Excluding Test Costs 2030 Cylinders Test(ASTM C-39)or Hold, Each 160 x $13.00 /Ea = $2,080.00 2130 Mortar/Grout Comp. Strength Cubes(ASTM C-109) 72 x $17 00 /Ea = $1,224 00 8000 Asphalt Concrete Mix Design&Inspection. 8010 Mix Design Review(using previously determined 1 x $160 00 /Ea = $160 00 aggregate properties and other design factors) Excluding Test Costs 8040 Extraction&Gradation Test(ASTM D-2172,ASTM C-136 3 x $149 00 /Ea = _ $447 00 or TEX 210 F) 8060 Stability-HVEEM (3 per set)(ASTM D1560 or TEX 208F) 3 x $70 00 /Set = $210.00 Marshall(3 per set)(ASTM D-1559) 8070 Bulk Density of Lab Molded or Field Specimen(TEX 207F), 3 x $39 00 /Set = $117 00 3 per set 8080 Molding Specimens(3 per set)for 806&807(ASTM D-1560, 3 x $46.00 /Set = $138.00 TEX 208F) 8170 Maximum Theoretical Specific Gravity(TEX 227F) 3 x $67 00 /Ea = $201 00 10000 Soils Tests: 10010 Liquid and Plastic Limits 11 x $45.00 /Ea = $495.00 10060 OMD Standard Compaction(ASTM D-698) 11 x $150 00 /Ea = $1,650.00 10080 OMD Lime or Cement Stabilized Soil 6 x $165.00 /Ea = $990 00 10140 Compressive Strength of C.S S 216 x $52.00 /Ea = $11,232.00 TOTAL $137,149 00 Raba-Kistner Engineering Testing Environmental Facilities• Infrastructure Raba Kistner Raba-Kistner Consultants,Inc. Proposal No. PHD06-091 8601 Jameel,Suite 150 Houston,TX 77040-5064 (713)996-8990 FAX(713)996-8993 www.rkci.com September 15, 2006 Mr Trent Epperson City of Pearland 3519 Liberty Drive Pearland, TX 77581 Reference State Highway 35 Trunk Sanitary Sewer• Phase 1, Project No. W42041 Bid No B2006-064 Dear Mr Epperson Raba-Kistner Consultants, Inc. (R-K) appreciates the opportunity to submit our proposed scope of services and budget estimate for the above referenced project. Based on the proposed scope of services, we estimate a budget of$15,676.00 Any additional services requested and not part of the cost breakdown will be charged in accordance with City of Pearland Fee Schedule We appreciate the opportunity to serve you If you have any questions or require additional information, please contact me at your convenience Very truly yours, RABA-KISTNER CONSULTANTS, INC. Mark D Wells, P E Vice President MDW/ep Copies Submitted:-1 Attachments Cost Breakdown P\CMT Transfer File\Active Proposals\20061PHD06-091 Raba Kistner SINCE Austin •Brownsville • El Paso • Houston • McAllen • Mexico • San Antonio 1 9 6 8 Attachment I Cost Breakdown for State Highway 35 Trunk Sanitary Sewer. Phase I, Project No. W42041 Bid No B2006-064 Proposal No. PHD06-091 Quantity Rate Unit Amount PERSONNEL 80 Technician NICET II HMA- 1A 200 x $53.00 /Hr = $10,600.00 85 Technician NICET II HMA- 1A OT 20 x $64.50 /Hr = $1,290.00 MATERIALS TESTING 2000 Concrete Mix Design Inspection and Testing: 2010 Mix Design Review(ACI-214): (Using previously determined 1 x $115.00 /Ea = $115.00 aggregate properties and other design factors) Excluding Test Costs 2030 Cylinders Test(ASTM C-39)or Hold, Each 20 x $13.00 /Ea = $260.00 /0000 Soils Tests: 10010 Liquid and Plastic Limits 3 x $45.00 /Ea = $135.00 10060 OMD Standard Compaction(ASTM D-698) 3 x $150.00 /Ea = $450.00 10080 OMD Lime or Cement Stabilized Soil 2 x $165.00 /Ea = $330.00 10140 Compressive Strength of C.S.S. 48 x $52.00 /Ea = $2,496.00 TOTAL $15,676.00 Raba-Kistner I Resolution 2006-172 11/27106 CONTRACT FOR PROFESSIONAL SERVICES aao `' THIS CONTRACT is entered into on 1P rnOner , 2006 by and between the City of Pearland ("CITY") and Raba Kistner Consultants, Inc. ("CONSULTANT") -1:71) The CITY engages the CONSULTANT to perform professional services for a project known and described as State Highway 35 Trunk Sewer("PROJECT") poaL.1 0t?USe4� SECTION I- SERVICES OF THE CONSULTANT The CONSULTANT shall perform the following professional services to CITY standards and in accordance with the degree of care and skill that a professional in Texas would exercise under the same or similar circumstances A. The CONSULTANT shall provide Materials Testing Services. See Exhibit A, attached, for a detailed SCOPE OF WORK and PROJECT schedule. The PROJECT schedule shall be submitted in digital and hard copy form in the Microsoft Project for Windows format. B The CONSULTANT shall prepare and submit a detailed opinion of estimated cost of the PROJECT C The CONSULTANT acknowledges that the CITY (through its employee handbook) considers the following to be misconduct that is grounds for termination of a CITY employee. Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the CITY The CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY employee to engage in such misconduct. D The CONSULTANT shall submit all final construction documents in both hard copy and electronic format. Plans shall be AutoCAD compatible and all other documents shall be Microsoft Office compatible. The software version used shall be compatible to current CITY standards. Other support documents, for example, structural calculations, drainage reports and geotechnical reports, shall be submitted in hard copy only All Record Drawings electronic files shall be submitted to the CITY in TIF format. E. The CONSULTANT recognizes that all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT shall'be delivered to the CITY upon request,,shall become subject to the Open Records Laws of this State. F The CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors and omissions relating to the performance of any work by the CONSULTANT, its agents, employees or subcontractors under this Agreement, as follows. (1) Workers' Compensation as required by law (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non-owned vehicles, with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and$1,000,000 for property damage. The CONSULTANT shall include the CITY as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers' Compensation. Certificates of Insurance and endorsements shall be furnished to the CITY before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, and/or reduced in coverage or in limits ("Change in Coverage") except with prior written consent of the CITY and only after the CITY has been provided with written notice of such Change in Coverage, such notice to be sent to the CITY either by hand delivery to the City Manager or by certified mail, return receipt requested, and received by the City no fewer than thirty (30) days prior to the effective date of such Change in Coverage. Prior to commencing services under this CONTRACT, CONSULTANT shall furnish CITY with Certificates of Insurance, or formal endorsements as required by this CONTRACT, issued by CONSULTANT'S insurer(s), as evidence that policies providing the required coverage, conditions, and limits required by this CONTRACT are in full force and effect. G The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind for which CONSULTANT is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the CONSULTANT, his officers, employees, agents, or subcontractors under this CONTRACT -2- r H. All parties intend that the CONSULTANT, in performing services pursuant to this CONTRACT, shall act as an independent contractor and shall have control of its own work and the manner in which it is performed. The CONSULTANT is not to be considered an agent or employee of the CITY SECTION II-PERIOD OF SERVICE This CONTRACT will be binding upon execution and end SECTION III- CONSULTANT'S COMPENSATION A. The method of payment for this CONTRACT is hourly not to exceed rate. Total compensation for the services performed shall be the sum of$152,825.00. B The CITY shall pay the CONSULTANT in installments based upon monthly progress reports and detailed invoices submitted by the CONSULTANT C The CITY shall make payments to the CONSULTANT within thirty (30) days after receipt and approval of a detailed invoice. Invoices shall be submitted on a monthly basis. SECTION IV-THE CITY'S RESPONSIBILITIES A. The CITY shall designate a project manager during the term of this CONTRACT The project manager has the authority to administer this CONTRACT and shall monitor compliance with all terms and conditions stated herein. All requests for information from or a decision by the CITY on any aspect of the work shall be directed to the project manager B The CITY shall review submittals by the CONSULTANT and provide prompt response to questions and rendering of decisions pertaining thereto, to minimize delay in the progress of the CONSULTANT'S work. The CITY will keep the CONSULTANT advised concerning the progress of the CITY'S review of the work. The CONSULTANT agrees that the CITY'S inspection, review, acceptance or approval of CONSULTANT'S work shall not relieve CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or its sub-consultant(s) or in any way affect the CONSULTANT's status as an independent contractor of the CITY SECTION V-TERMINATION A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason- - with or without cause -- by delivering written notice to CONSULTANT personally or by certified mail at 8601 Jameel; Suite 150, Houston, Texas 77040- 5064 Immediately after receiving such written notice, the CONSULTANT shall discontinue providing the services under this CONTRACT -3- B If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all drawings, special provision , field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT, entirely or partially completed, together with all unused matenals supplied by the CITY on or before the 15th day following termination of the CONTRACT C In the event of such termination, the CONSULTANT shall be paid for services performed prior to receipt of the written notice of termination. The CITY shall make final payment within sixty(60) days after the CONSULTANT has delivered to the CITY a detailed invoice for services rendered and the documents or work product generated by the CONSULTANT under the CONTRACT D If the remuneration scheduled under this contract is based upon a fixed -fee or definitely ascertainable sum, the portion of such sum payable shall be proportionate to the percentage of services completed by the CONSULTANT based upon the scope of work. E. In the event this CONTRACT is terminated, the CITY shall have the option of completing the work, or entering into a CONTRACT with-another party for the completion of the work. F If the CITY terminates this-CONTRACT for cause and/or if the CONTRACTOR breaches any provision of this CONTRACT, then the CITY shall have all rights and remedies in law and/or equity against CONSULTANT Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County, Texas. The laws of the State of Texas shall govern the terms of this CONTRACT The prevailing party in the action shall be entitled to recover its actual damages with interest, attorney's fees, costs and expenses incurred in connection with the dispute and/or action. CONSULTANT and CITY desire an expeditious means to resolve any disputes that may arise between under this CONTRACT To accomplish this, the parties agree to mediation as follows. If a dispute apses out of or relates to this CONTRACT, or the breach thereof, and if the dispute cannot be settled through negotiation,then the parties agree first to try in good faith, and before pursuing any legal remedies, to settle the dispute by mediation of a third party who will be selected by agreement of the parties." SECTION VI—ENTIRE AGREEMENT This CONTRACT represents the entire agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or contracts, either written or oral. This 'CONTRACT may be amended only by written instrument signed by both parties. SECTION VII—COVENANT AGAINST CONTINGENT FEES The CONSULTANT affirms that he has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT to solicit or secure this -4- CONTRACT, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of the CONTRACT For breach or violation of this clause, the CITY may terminate this CONTRACT without liability, and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent fee that has been paid. SECTION VIII- SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto The parties have executed this CONTRACT this Q day of kJ() V ' ' 2006 , 0 CITY OF PEARLAND, TEXAS 7i4ai_447//th/;— CONSULTANT -5- Engineering Testing Environmental Facilities Infrastructure 4 Raba Kistner Raba-Kistner Consultants,Inc. Proposal No. PHD06-092 8601 Jameel,Suite 150 Houston,TX 77040-5064 (713)996-8990•FAX(713)996-8993 www.rkci.com September 15, 2006 Mr Trent Epperson City of Pearland 3519 Liberty Drive Pearland,TX 77581 Reference. State Highway 35 Trunk Sanitary Sewer Project 2; Project No.W42041 Bid No. B2006-065 Dear Mr Epperson Raba-Kistner Consultants, Inc. (R-K) appreciates the opportunity to submit our proposed scope of services and budget estimate for the above referenced project. Based on the proposed scope of services, we estimate a budget of$137,149.00. Any additional services requested and not part of the cost breakdown will be charged in accordance with City of Pearland Fee Schedule. We appreciate the opportunity to serve you If you have any questions or require additional information, please contact-me at your convenience. Very truly yours, RABA-KISTNER CONSULTANTS, INC. riedie2/71•14. Mark D Wells, RE Vice President MDW/ep Copies Submitted:-1 Attachments Cost Breakdown P:\CMT Transfer File\Active Proposals\2006\PHD06-092 Raba Kistler S Iry C C Austin • Brownsville • El Paso• Houston• McAllen • Mexico•.San Antonio I 9 6 8 Attachment I Cost Breakdown for State Highway 35 Trunk Sanitary Sewer• Project 2; Project No. W42041 Bid No. B2006-065 Proposal No. PHD06-092 Quantity Rate Unit Amount PERSONNEL 80 Technician NICET II HMA- 1A 1800 x $53.00 /Hr = $95,400.00 85 Technician NICET II HMA- 1A OT 350 x $64.50 /Hr = $22,575.00 MATERIALS TESTING 2000 Concrete Mix Design Inspection and Testing: 2010 Mix Design Review(ACI-214):(Using previously determined 2 x $115.00 /Ea = $230 00 aggregate properties and other design factors) Excluding Test Costs 2030 Cylinders Test(ASTM C-39)or Hold, Each 160 x $13.00 /Ea = $2,080.00 2130 Mortar/Grout Comp.Strength Cubes(ASTM C-109) 72 x $17 00 /Ea = $1,224 00 8000 Asphalt Concrete Mix Design&Inspection: 8010 Mix Design Review(using previously determined 1 x $160.00 /Ea = $160.00 aggregate properties and other design factors) Excluding Test Costs 8040 Extraction&Gradation Test(ASTM D-2172,ASTM C-136 3 x $149.00 /Ea = $447 00 or TEX 210 F) 8060 Stability-HVEEM(3 per set)(ASTM D1560 or TEX 208F) 3 x $70.00 /Set = $210.00 Marshall (3 per set)(ASTM D-1559) 8070 Bulk Density of Lab Molded or Field Specimen(TEX 207F), 3 x $39.00 /Set = $117.00 3 per set 8080 Molding Specimens(3 per set)for 806&807(ASTM D-1560, 3 x $46.00 /Set = $138.00 TEX 208F) 8170 Maximum Theoretical Specific Gravity(TEX 227F) 3 x $67 00 /Ea = $201 00 10000 Soils Tests: 10010 Liquid and Plastic Limits 11 x $45.00 /Ea = $495.00 10060 OMD Standard Compaction(ASTM D-698) 11 x $150.00 /Ea = $1,650.00 10080 OMD Lime or Cement Stabilized Soil 6 x $165.00 /Ea = $990.00 10140 Compressive Strength of C.S.S. 216 x $52.00 /Ea. = $11,232.00 TOTAL $137,149.00 I, Baba-Klstner Engineering Testing Environmental Facilities Infrastructure Raba Kistner Raba-Kistner Consultants,Inc. Proposal No. PHD06-091 8601 Jameel,Suite 150 Houston,TX 77040-5064 (713)996-8990 FAX(713)996-8993 www.rkci.com September 15, 2006 Mr Trent Epperson City of Pearland 3519 Liberty Drive Pearland, TX 77581 Reference State Highway 35 Trunk Sanitary Sewer. Phase 1, Project No.W42041 Bid No. B2006-064 Dear Mr Epperson Raba-Kistner Consultants, Inc. (R-K) appreciates the opportunity to submit our proposed scope of services and budget estimate for the above referenced project. Based on the proposed scope of services, we estimate a budget of$15,676.00. Any additional services requested and not part of the cost breakdown will be charged in accordance with City of Pearland Fee Schedule. We appreciate the opportunity to serve you If you have any questions or require additional information, please contact me at your convenience. Very truly yours, RABA-KISTNER, CONSULTANTS, INC �G��G,�t�'. �i�//ea.i Mark D Wells, P.E. Vice President MDW/ep Copies Submitted:-1 Attachments Cost Breakdown P:\CMT Transfer File Active Proposals12006\PHD06-091 a trier SINCE Austin • Brownsville• El Paso• Houston• McAllen • Mexico •San Antonio 1 9 6 S Attachment I Cost Breakdown for State Highway 35 Trunk Sanitary Sewer Phase I, Project No W42041 Bid No. B2006-064 Proposal No. PHD06-091 Quantity Rate Unit Amount PERSONNEL 80 Technician NICET II HMA- 1A 200 x $53.00 /Hr = $10,600.00 85 Technician NICET II HMA- 1A OT 20 x $64.50 /Hr = $1,290.00 MATERIALS TESTING 2000 Concrete Mix Design Inspection and Testing: 2010 Mix Design Review(ACI-214): (Using previously determined 1 x $115.00 /Ea = $115.00 aggregate properties and other design factors) Excluding Test Costs 2030 Cylinders Test(ASTM C-39)or Hold, Each 20 x $13.00 /Ea = $260 00 10000 Soils Tests: 10010 Liquid and Plastic Limits 3 x $45.00 /Ea = $135.00 10060 OMD Standard Compaction(ASTM D-698) 3 x $150.00 /Ea = $450.00 10080 OMD Lime or Cement Stabilized Soil 2 x $165.00 /Ea = $330.00 10140 Compressive Strength of C.S.S. 48 x $52.00 /Ea = $2,496.00 TOTAL $15,676.00 Raba-Kistner Resolution 2006-172 11/27/06 CONTRACT FOR PROFESSIONAL SERVICES 0 THIS CONTRACT is entered into on Yiku yl 404 Al , 2006 by and between the �� City of Pearland ("CITY") and C&MP Construction and Management Professionals 02` 3 ("CONSULTANT") 263 The CITY engages the CONSULTANT to perform professional services for a project known and 67 � described as State Highway 35 Trunk Sewer("PROJECT") SECTION I- SERVICES OF THE CONSULTANT The CONSULTANT shall perform the following professional services to CITY standards and in accordance with the degree of care and skill that a professional in Texas would exercise under the same or similar circumstances. A. The CONSULTANT shall provide Construction Management Services and Construction Inspection Services. See Exhibit A, attached, for a detailed SCOPE OF WORK and PROJECT schedule. The PROJECT schedule shall be submitted in digital and hard copy form in the Microsoft Project for Windows format. B The CONSULTANT shall prepare and submit a detailed opinion of estimated cost of the PROJECT C The CONSULTANT acknowledges that the CITY (through its employee handbook) considers the following to be misconduct that is grounds for termination of a CITY employee: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the CITY The CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY employee to engage in such misconduct. D The CONSULTANT shall submit all final construction documents in both hard copy and electronic format. Plans shall be AutoCAD compatible and all other documents shall be Microsoft Office compatible. The software version used shall be compatible to current CITY standards. Other support documents, for example, structural calculations, drainage reports and geotechmcal reports, shall be submitted in hard copy only All Record Drawings electronic files shall be submitted to the CITY in TIF format. E. The CONSULTANT recognizes that all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT shall be delivered to the CITY upon request, shall become subject to the Open Records Laws of this State. F The CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors and omissions relating to the performance of any work by the CONSULTANT, its agents, employees or subcontractors under this Agreement, as follows. (1) Workers' Compensation as required by law (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non-owned vehicles, with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and$1,000,000 for property damage. The CONSULTANT shall include the CITY as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers' Compensation. Certificates of Insurance and endorsements shall be furnished to the CITY before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, and/or reduced in coverage or in limits ("Change in Coverage") except with prior written consent of the CITY and only after the CITY has been provided with written notice of such Change in Coverage, such notice to be sent to the CITY either by hand delivery to the City Manager or by certified mail, return receipt requested, and received by the City no fewer than thirty (30) days prior to the effective date of such Change in Coverage. Prior to commencing services under this CONTRACT, CONSULTANT shall furnish CITY with Certificates of Insurance, or formal endorsements as required by this CONTRACT, issued by CONSULTANT'S insurer(s), as evidence that policies providing the required coverage, conditions, and limits required by this CONTRACT are in full force and effect. G The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind for which CONSULTANT is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the CONSULTANT, his officers, employees, agents, or subcontractors under this CONTRACT -2- H. All parties intend that the CONSULTANT, in performing services pursuant to this CONTRACT, shall act as an independent contractor and shall have control of its own work and the manner in which it is performed. The CONSULTANT is not to be considered an agent or employee of the CITY SECTION II -PERIOD OF SERVICE This CONTRACT will be binding upon execution and end SECTION III- CONSULTANT'S COMPENSATION A. The method of payment for this CONTRACT is hourly not to exceed rate. Total compensation for the services performed shall be the sum of$222,200.00. B The CITY shall pay the CONSULTANT in installments based upon monthly progress reports and detailed invoices submitted by the CONSULTANT C. The CITY shall make payments to the CONSULTANT within thirty (30) days after receipt and approval of a detailed invoice. Invoices shall be submitted on a monthly basis. SECTION IV-THE CITY'S RESPONSIBILITIES A. The CITY shall designate a project manager during the term of this CONTRACT The project manager has the authority to administer this CONTRACT and shall monitor compliance with all terms and conditions stated herein. All requests for information from or a decision by the CITY on any aspect of the work shall be directed to the project manager B The CITY shall review submittals by the CONSULTANT and provide prompt response to questions and rendering of decisions pertaining thereto, to minimize delay in the progress of the CONSULTANT'S work. The CITY will keep the CONSULTANT advised concerning the progress of the CITY'S review of the work. The CONSULTANT agrees that the CITY'S inspection, review, acceptance or approval of CONSULTANT'S work shall not relieve CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or its sub-consultant(s) or in any way affect the CONSULTANT's status as an independent contractor of the CITY SECTION V-TERMINATION A. The CITY, at its sole discretion,may terminate this CONTRACT for any reason- - with or without cause -- by delivering written notice to CONSULTANT personally or by certified mail at P 0 Box 209, Barker, Texas 77413 Immediately after receiving such written notice, the CONSULTANT shall discontinue providing the services under this CONTRACT -3- B If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT, entirely or partially completed, together with all unused materials supplied by the CITY on or before the 15th day following termination of the CONTRACT C In the event of such termination, the CONSULTANT shall be paid for services performed prior to receipt of the written notice of termination. The CITY shall make final payment within sixty(60) days after the CONSULTANT has delivered to the CITY a detailed invoice for services rendered and the documents or work product generated by the CONSULTANT under the CONTRACT D If the remuneration scheduled under this contract is based upon a fixed fee or definitely ascertainable sum, the portion of such sum payable shall be proportionate to the percentage of services completed by the CONSULTANT based upon the scope of work. E. In the event this CONTRACT is terminated, the CITY shall have the option of completing the work, or entering into a CONTRACT with another party for the completion of the work. F If the CITY terminates this CONTRACT for cause and/or if the CONTRACTOR breaches any provision of this CONTRACT, then the CITY shall have all rights and remedies in law and/or equity against CONSULTANT Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County, Texas. The laws of the State of Texas shall govern the terms of this CONTRACT The prevailing party in the action shall be entitled to recover its actual damages with interest, attorney's fees, costs and expenses incurred in connection with the dispute and/or action. CONSULTANT and CITY desire an expeditious means to resolve any disputes that may arise between under this CONTRACT To accomplish this, the parties agree to mediation as follows. If a dispute arises out of or relates to this CONTRACT, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before pursuing any legal remedies, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. SECTION VI—ENTIRE AGREEMENT This CONTRACT represents the entire agreement between the CITY and the CONSULTANT and supersedes all pnor negotiations, representations, or contracts, either written or oral. This CONTRACT may be,amended only by written instrument signed by both parties. SECTION VII—COVENANT AGAINST CONTINGENT FEES The CONSULTANT affirms that he has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT to solicit or secure this -4- CONTRACT, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of the CONTRACT For breach or violation of this clause, the CITY may terminate this CONTRACT without liability, and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent fee that has been paid. SECTION VIII- SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto The parties have executed this CONTRACT this c '7 day of 7OX14-itLtt 2006 CITY OF P'ARLAND, TEXAS Bill Eisen, City Manager 11/27/06 ir) 4(.7 CONSUL NT -5- 'tee„ -=—;- F�r ��T COMMSZESEEMAMMEREMMWSEM arovel.orw's3W-Wiwr vs. 'El C & ® p Construction and Management Professionals Helping You Achieve Your Objectives nt.‘riYM#iW^tt'darwh:.a:a",ti:@.' ,nntaf,{4noenn 5.,pi, , �.. -.x$. r � October 10, 2006. AT. ,+;; w , tt City of Pearland k" "`4`1t9. n' 'g"�`""` "t`"0" 3519 Liberty Dnve ® Pearland,TX 75810 EammisumsoNsizezmomainsm Wn:.'ML' .,tn.n nk.r:.ss.e:+tR:r,FSN1:a}f'ti"wrf"et r xsxr=.n.;s. vrur',u.r%u:r a n-s.rx*:a w. M 14tneAt" ' `nat `:`' Attn. Mr Cecil Bowery • x1r ,. manic Reference. State Highway 35 :._,..»A':;.ns .x zV, rr ,•..—. Trunk Sewer Contracts 1 and 2 Construction Inspection Services MEW Dear Cecil, You have asked me to help your staff by providing a full time Construction Inspector on the • `""` `Y"" referenced project. I am pleased to provide the following estimate.(rounded to the nearest rc x i«w r u-:a4vwxr` 1' xs.:vrsm, gEliMin '- ..: $100 00) ci Yi.-nAni l!if',5 .+'!'Tu:Wk WM1--+C-'at€:•�a}xYe r.< Labor =nr{riL..�^ sNdia 34..':13tt•'nt,nr-Yang 5.L77 +SNY.I�X.iti,,nt:'T,iKY iKh'iPt 2+F?.Mtkv+i:-G.I:ITxa > Contract Time Total Hours Rate Multiplier Total Costs `" Y`A`a ' "et"'"r'' 60 Weeks 1800 $35 00/Hour 2.25 $141,800 00 n"inar.NA/MOM u r n4 Expenses WEIHISMISMOMMLIESESZMENSVEZMI Mileage IZZEM224===EZCSEEZU=1=11 Contract Time Miles/week Rate Multiplier Total Costs 60 Weeks 75 $0 475 1 00 $2,100 00 ,a)Y.:,,.v -x en: Y ak Office Electronics • Ytti ok9t.N. • "t "" " nnownn Contract Time Rate Multiplier Total Costs J%.i L. LNA .Arn ctit?fL MT4 :+r 'J•':xI:W6'•ekeni4RiMMiMi MYt",.'a�NYsti.i a^+.at•CtTi 14 Months $70 00 1 00 $1,000.00 ;, Total $144,900.00 rtt.,en#.*Mf4ttt,it V.., 1,14,4:;ttn,144.4- M..,20.224.2`2 2,.2,2 7K':Yin±±+ 2NfKl3iki4`1i1222C222112,2i29 4:ti'sa.2.2122M2 h,4tM*ixic We are available to begin work immediately and look forward to helping you and your staff ® provide a fmished projects that meets the objectives of the City of Pearland, it citizens and „-,aTo,v� r> .�, the contractor fmclumnarmarzczionmmarmazza maw ominsammizzamassmzzlimzu Ems _.r.__A1m . el Si rely; 2 vgAi- 45 � E1i"diiedYfFslafl4. 7iEd ei@P^a!TiF'>•c2niAFME0117 „dal �\ George trig O'.E. •,.10 v'47vv3^0.ti:4Yr+r:N.tiX�+C.Y.riEiMi,:rTsrrt«I.aa..,,k.Abl >S}tV.iY'-,'!ti lk:Y--:.. eti'•1riEtY!tit15k[hL+f11( `E`k)YShFi+ PO Box 209 4!0.2::25.2-a, O 1.12,2212 4 4t7.104Y,*W Barker,Texas 77413 T 713.202.3237 F 281 492.6836 george.puig@candmp.com ® 0 0 0 Construction and Management Professionals Impinsz Yrw-IdIiave Your Olhcc!iv<s Estimated Construction Management Costs Project Data Owner City of Pearland Type: Sanitary Trunck Sewer Project Name: State HWY 35 Trunck Sewer Contract 2 Contract Time. 426 Calendar Days Project No. Approximate Cost: $3,000,000 ACTIVITY QUANTITY HOURS MILEAGE TOTAL ESTIMATE Construction Assistant Manager Construction Manager Before Advertisement Constructability Review 0 0 0 0 Review Meetings 0 0 0 0 Sub Total 0 0 0 During Advertisement Pre Bid Conference 1 Prepare 0 0 Attend 0 0 0 Coordinate Questions 0 0 0 Addenda 2 Review 0 0 0 Issue 0 0 0 Contract Award 1 Prepare Bid Tabulation 0 0 0 Issue Award 0 0 0 Recommendation Sub Total 0 0 0 During Construction Pre Construction Conference 1 Prepare 3 6 0 Conduct/Attend 3 6 150 Submittals Construction Schedule 1 Initial Review 2 8 0 Monthly 10 0 30 0 Schedule of Values 2 1 4 0 Others 12 0 12 0 Status Meetings 30 Preparation 4 30 Attendance 20 60 3,000 Follow Up 2 30 Site visits , 20 30 120 2,500 Pro ress Payments Initial Setup 1 1 6 Monthly 14 7 70 300 Change Orders 10 Review Necessity 5 20 Negotiation 0 10 200 Preparation 0 20 Processing 0 10 Substantial Completion 1 Page 1 of 2 ® ® 0 Construction and Management Professionals Helping 1'uu Achieve Yon'.Ohj'cin cs Estimated Construction Management Costs Project Data Owner City of Pearland Type. Sanitary Trunck Sewer Project Name:State HWY 35 Trunck Sewer Contract 2 Contract Time: 426 Calendar Days Project No. Approximate Cost: $3,000,000 ACTIVITY QUANTITY HOURS MILEAGE TOTAL ESTIMATE Inspection 0 6 150 Punch list Prep.' 0 2 Follow up 0 8 50 Recommendation 1 0 Final Completion 1 Final Inspection 4 50 Follow Up 0 4 Recommendation 1 0 Sub Total 80 466 6,400 Following Construction Warranty 3 0 6 300 Final Walk Through 1 0 0 100 Sub Total 0 6 400 Total 80 472 6,800 Rate $80.00 $45.00 0 $6,400.00 $21,240.00 3,230 Multiplier 2.25 2.25 1.00 $14,400.00 $47,790.00 3,230 Contingency 0% 0% 0% Total $14,400.00 $47,790.00 3,230 $65,420.00 Page 2 of 2 -- :> A`A C & Construction and Management Professionals vmsfizemze Helping You Achieve Your Objectives Mee ..a ,e 1,4;6,0 , October 10, 2006 City of Pearland 3519 Liberty Drive manolsom Pearland,TX 75810 .�.. , AMA** a, .:cI.a M-s = =' ° ° Attn. Mr Cecil Bowery MOP Reference: State Highway 35 Trunk Sewer Nommsom Construction Management Services—Contracts 1 and 2 f:.a'.:.NAI AAA MTAwi*Ti4 AAA Dear Cecil, You have asked me to help your staff by providing Construction Management Services on i'1A8Naor+ 6tb- - —L the referenced project. I am pleased to provide the following estimate: 3 grwasummo Contract 1 Contract 2 °"'AEmesizsmr '" '' Ru <" Construction Management: $ 11,200 $ 62,200 «EMS== Expenses. $ 700 $ 3,200 Total: $ 11,900 $ 65,400 ESENZIEMEMMA These estimated costs are from the totals on the attached spreadsheet, rounded to the nearest memagsmassaffuommormsfas Dzzaissassw2amarra $100 This estimate is based on the project data shown and will need to be adjusted if that NL'.M,F+'a&-"=AdAYr,3`34N!fib.* -1,4.7 4AAAfe$MAA.; changes. .":C.tti.6i,:•SaY:..:i1:a.??} K-"r..'V Y"- ':a A-RAVU a AAA'AA,v.tftk•52CJ4.A A -AAA.42.t+7ill "'� I am available to begin work immediately and look forward to helping you and your staff megizm. provide a finished project that meets the objectives of the City of Pearland, its citizens and the contractor MUMMY var=2/11 If you have any questions please call. EMEMIQUIMMEMA arfAIIMEN n.t :Nfi •wT.., .,.µ Sincerely, calmfoniza YESEESEIESEHREMErZUME KES. 450311 I, A,AA.A 4,1 eorge 4 Puig,P.E. 114"..MStc; Y.a"M'i V 10`A T 3Yk AN'.R St'X V41.110"16 t (45.. flOPRZSEISMOMICZOKZEZMO ±y!115:S'.Fa..^4SR•i:M:i 1Orro-VIe".S '*5'wojr= ..o. miczamal Vie. PO Box 209 t i SA43F M 4i��i W�'MEt*Z .IA+X%�0.AKiMkTi azuzacomumonmematmaissgsiran Barker,Texas 77413 mow T 713.202.3237 F 281 492.6836 george.puig@candmp.com ® 0 ® 0 Construction and Management Professionals Helping)nr,Achieve)bur Objeciiras Estimated Construction Management Costs Project Data Owner City of Pearland Type.Sanitary Trunck Sewer Project Name. State HWY 35 Trunck Sewer Contract 1 Contract Time: 90 Calendar Days Project No. Approximate Cost: $300,000 ACTIVITY QUANTITY HOURS MILEAGE TOTAL ESTIMATE Construction Assistant Manager Construction Manager Before Advertisement Constructability Review 0 0 0 Review Meetings 0 ` 0 ' 0 Sub Total 0 During Advertisement Pre Bid Conference 1 Prepare 0 0 0 Attend 0 0 0 Coordinate Questions 0 0 0 Addenda 1 Review 0 0 0 Issue 0 0 0 Contract Award 1 Prepare Bid Tabulation 0 0 0 Issue Award 0 0 0 Recommendation Sub Total 0 0 0 During Construction Pre Construction Conference 1 Prepare 1 2 0 Conduct 4 4 50 Submittals Construction Schedule 1 Initial Review 1 4 0 Monthly 3 0 3 0 Schedule of Values 1 1 2 0 Others 2 0 2 0 Status Meetings 4 Preparation 0 4 Attendance 0 16 200 Follow Up 0 8 Site visits 4 2 4 300 Pro ress Payments Initial Setup 1 0 1 0 Monthly 4 0 9 0 Change Orders 2 Review Necessity 1 2 0 Negotiation 0 4 100 Preparation 0 2 0 Processing 0 4 0 Substantial Completion 1 Inspection 0 4 100 Punch list Prep. 0 1 0 Follow up 0 1 100 Page 1 of 2 ® 0 ® 0 Construction and Management Professionals H-Iping}iru-icl,iwe}bur Ohje•clires Estimated Construction Management Costs Project Data Owner City of Pearland Type: Sanitary Trunck Sewer Project Name: State HWY 35 Trunck Sewer Contract 1 Contract Time: 90 Calendar Days Project No. Approximate Cost: $300,000 ACTIVITY QUANTITY HOURS MILEAGE TOTAL ESTIMATE Recommendation 1 0 0 Final Completion 1 Final Inspection 0 4 100 Follow Up 0 0 100 Recommendation 1 0 0 Sub Total 12 81 1050 Following Construction Warranty 5 0 4 300 Final Walk Through 1 0 4 100 Sub Total 0 8 400 Total 12 89 1450 Rate $80.00 $45.00 $0 475 $960.00 $4,005.00 $688.75 Multiplier 2.25 2.25 1 00 $2,160.00 $9,011.25 $688.75 Contingency 0% 0% 0% Total $2,160.00. $9,011.25 $688.75 $11,860.00 Page 2 of 2 1 -j c U o F. 0 cc 0 Exhibit "A" Resolution 2006-172 11/27/06 Project Manual 00, �a;0 j cI for: � State Highway 35 Trunk Sanitary � Sewer: Project 2 � from John Lizer Road to Industrtial Drive 111 COP Project No.: W42041 Bid No.: B2006-065 August, 2006 Prepared By: KIRST KOSMOSKI, INC. Civil/Consulting Engineers I2630 Fountainview, Suite 318 Houston, Texas 77057 Project Manual for: State Highway 35 Trunk Sanitary Sewer: Project 2 - C from John Lizer Road to Industrial Drive COP Project No. : W42041 Bid No. : B2006-065 August, 2006 Prepared By: � Tp KIRST KOSMOSKI,INC. KT Civil✓Consulting Engineers 2630 Fountainview,Suite 318 Houston,Texas 77057 CITY OF PEARLAND BRAZORIA COUNTY, TEXAS State Highway 35 Trunk Sanitary Sewer: Project 2 from John Lizer Road to Industrial Drive TABLE OF CONTENTS NO. OF SECTION TITLE PAGES BIDDING AND CONTRACT DOCUMENTS DIVISION 0 00021 Addendum No 1 (with attachments, 14 pages) .2 00022 Addendum No. 2 (with attachment,.6 pages) 1 00023 Addendum No 3 (with attachment, 6 pages) 1 00024 Addendum No 4(with attachment, 1 page) 2 00025 Addendum No 5 (with attachments, 4 pages) .2 00026 Addendum No 6 (with attachment, 6 pages) 2 00100 Invitation to Bid 2 00200 Instructions to Bidders 7 00300rrrr Completed Bid Proposal(with bid bond,2 pages) 6 00500_IFC Executed Standard Form of Agreement 7 00610 Performance Bond. 2 00611 Payment Bond 2 00612 One-Year Maintenance Bond. .2 00613 One-Year Surface Correction Bond 2 00700 General Conditions of Agreement 31 00800 Special Conditions of Agreement 2 00811 Wage Scale for Engineering Construction .2 TECHNICAL SPECIFICATIONS DIVISION 1 —GENERAL REQUIREMENTS 01100 Summary of Work. 2 NOTE.The specification sections listed in bold italics below are not included in this Project Manual but are part of the City of Pearland Standard Specifications and are hereby incorporated as if included here verbatim. Special Provisions to Technical Specifications and Special Specifications(if required for this project) are shown in standard type. For the Construction of this project,the Contractor shall use the following Special Provisions to the Technical Specifications,and Special Specifications(if attached),and the City of Pearland Standard Specifications, Division 01 through Division 16, as applicable. Electronic copies of the Standard Specifications,may be obtained from the Engineer or from the City of Pearland Engineering Office. 07/2006 00010 IFC- 1 of 4 CITY OF PEARLAND BRAZORIA COUNTY,TEXAS State Highway 35 Trunk Sanitary Sewer: Project 2 from John Lizer Road to Industrial Drive TABLE OF CONTENTS NO. OF SECTION TITLE PAGES BIDDING AND CONTRACT DOCUMENTS DIVISION 0 00021 Addendum No. 1 (with attachments, 14 pages) 2 00022 Addendum No. 2 (with attachment, 6 pages) 1 00023 Addendum No 3 (with attachment, 6 pages) 1 00024 Addendum No 4 (with attachment, 1 page) 2 00025 Addendum No 5 1 00026 Addendum No 6(with attachment, 6 pages). 2 00100 Invitation to Bid 2 00200 Instructions to Bidders 7 00300rrrr Completed Bid Proposal(with bid bond, 2 pages) 6 00500_IFC Executed Standard Form of Agreement 7 00610 Performance Bond. 2 00611 Payment Bond 2 00612 One-Year Maintenance Bond. 2 00613 One-Year Surface Correction Bond 2 00700 General Conditions of Agreement 31 00800 Special Conditions of Agreement 2 00811 Wage Scale for Engineenng Construction 2 TECHNICAL SPECIFICATIONS DIVISION 1 —GENERAL REQUIREMENTS 01100 Summary of Work. 2 NOTE:The specification sections listed in bold italics below are not included in this Project Manual but are part of the City of Pearland Standard Specifications and are hereby incorporated as if included here verbatim. Special Provisions to Technical Specifications and Special Specifications(if required for this project) are shown in standard type. For the Construction of this project,the Contractor shall use the following Special Provisions to the Technical Specifications,and Special Specifications(if attached),and the City of Pearland Standard Specifications, Division 01 through Division 16, as applicable. Electronic copies of the Standard Specifications,may be obtained from the Engineer or from the City of Pearland Engmeenng Office. 07/2006 00010 IFC- 1 of 4 CITY OF PEARLAND TABLE OF CONTENTS 01140 Contractor's Use of Premises 4 01200 Measurement and Payment Procedures 3 01290 Change Order Procedures 4 01310 Coordination and Meetings 3 01350 Submittals .... .... 6 01380 Construction Photographs ... 3 01420 Referenced Standards ... 5 , 01430 Contractor's Quality Control 2 01440 Inspection Services 1 01450 Testing Laboratory Services ....2 01500 Temporary Facilities and Controls 9 01505 Mobilization ... ... .... ...... 1 01550 Stabilized Construction Exit 4 01555 Traffic Control and Regulation 4 01560 Filter Fabric Fence 3 01561 Reinforced Filter Fabric Barrier ... 3 01562 Waste Material Disposal ... ..3 01563 Tree and Plant Protection 4 01564 Control of Ground Water and Surface Water 8 01565 TPDES Requirements 3 01566 Source Controls for Erosion and Sedimentation 5 01570 Trench Safety System 4 01600 Material and Equipment 3 01630 Product Options and Substitutions 3 01720 Field Surveying 2 01730 Cutting and Patching 3 01750 Starting Systems 2 01760 Project Record Documents 2 01770 Contract Closeout 2 DIVISION 2—SITE WORK 02200 Site Preparation ... 4 02220 Site Demolition 5 02252 Cement Stabilized Sand ... ... 3 02255 Bedding,Backfill, and Embankment Materials 6 02316 Excavation and Backfill for Roadways 4 02317 Excavation and Backfill for Structures 7 02318 Excavation and Backfill for Utilities 12 02330 Embankment 5 02335 Subgrade .... 7 02370 Geotextile 2 02371 RipRap 4 02415 Augering Pipe or Casing for Sewers ....7 02417 Augering Pipe or Casing for Water Lines 6 02430 Tunnel Grout 5 02510 Water Mains .... 10 07/2006 00010 IFC-2 of 4 CITY OF PEARLAND TABLE OF CONTENTS 02511 Water Meters... ..2 02512 Polyethylene Wrap 4 02514 Fire Hydrant Assembly 6 02515 Water Tap and Service Line Installation 6 02520 Valve Boxes,Meter Boxes, and Meter Vaults 4 02530 Gravity Sanitary Sewers 20 02531 Sanitary Sewer Service Leads or Reconnections 6 02532 High Density Polyethylene(HDPE)Solid Wall Pipe 4 02533 Sanitary Sewage Force Mains 5 02534 PVC Pipe 6 02540 Tapping Sleeves and Valves 3 02541 Water and Wastewater Line Valves 8 SP02542 Special Provision—Concrete Manholes and Accessories 1 02542 Concrete Manholes and Accessories 10 02603 Frames, Grates,Rings, and Covers 3 02624 Structural Plate Culvert Structures 7 02630 Storm Sewers 10 02631 Precast Inlets,Headwalls, and Wingwalls 4 02632 Cast-in-Place Inlets,Headwalls, and Wingwalls 3 02633 Adjusting Manholes,Inlets, and Valve Boxes 3 02634 Ductile Iron Pipe and Fittings 5 02635 Steel Pipe and Fittings 10 02636 Polyurethane Coating on Steel or Ductile Iron Pipe 6 02710 Base Course for Pavement 12 02741 Asphaltic Concrete Pavement 7 02742 Prime Coat 4 02743 Tack Coat 3 02744 Single Course Surface Treatment 4 02751 Concrete Pavement 15 02761 Preformed Durable Pavement Marking 5 02762 Temporary and Removable Reflectorized Pavement Marking 4 02770 Curb, Curb & Gutter, and Headers 4 02811 Landscape Irrigation 5 02820 Wood Fences and Gates 3 02821 Chain Link Fences and Gates 4 02910 Topsoil 3 02921 Hydromulch Seeding 4 02922 Sodding 4 02931 Landscape and Tree Planting 15 02980 Pavement Repair and Resurfacing 3 02981 Blast Cleaning of Pavement 2 DIVISION 3 —CONCRETE 03300 Cast-in-Place Concrete 33 03310 Structural Concrete ..19 03311 Seal Slabs . .1 03315 Interlocking Flexible Revetment System for Slope Stabilization. ... ......3 07/2006 00010 IFC-3 of 4 CITY OF PEARLAND TABLE OF CONTENTS , 03320 Joints in Concrete Structures... 9 03600 Structural Grout 4 03700 Concrete Repair and Rehabilitation 13 DIVISION 4 -UNIT MASONRY 04060 Mortar 4 04200 Unit Masonry System 7 s� DIVISION 5 -METALS 05500 Metal Fabrications 4 05520 Guardrails 2 DIVISION 13-SPECIAL CONSTRUCTION 13209 Hydro Pneumatic Tanks 5 13411 Ground Storage Tanks 6 13442 Pump Station Control Systems ...8 DIVISION 15—MECHANICAL 15030 Lift Station (Abbreviated Specification) 5 15032 Submersible Pumps .... 6 15053 Pump Station Piping 4 15101 Valves and Accessories for Pump Stations 6 DIVISION 16—ELECTRICAL 16010 Basic Electrical Requirement • 7 16160 Cabinets and Enclosures 3 16480 Motor Control Center 9 APPENDIX A-STORM WATER POLLUTION PREVENTION PLAN Storm Water Pollution Prevention Plan(SWPPP) 15 SWPPP Inspection Forms 8 TCEQ NOI Forms 3 TCEQ NOI Customer Checklist 1 TCEQ NOI General Information and Instructions 6 TCEQ General Permit Payment Submittal Form. 1 TCEQ NOT Instructions 2 TCEQ NOT Form 1 END OF SECTION 07/2006 00010 IFC-4 of 4 4 CITY OF PEARLAND ADDENDUM NO. 1 Section 00021 ADDEMDUM NO. 1 Date: August 25,2006 PROJECT State Highway 35 Trunk Sanitary Sewer Project 2 from John Lizer Road to Industrial Drive COP PROJECT NO W42041 BID NO 2006-065 BID DATE. August 30,2006 FROM. Eddie Kirst,P.E. Project Manager Kirst Kosmoski, Inc. 2630 Fountainview, Ste. 318 Houston,Texas 77057 To Prospective Bidders and Interested Parties This addendum forms a part of the bidding documents and will be incorporated into the Contract C,' 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. CONTRACT DOCUMENTS - Submit Bid Proposals to the office of the City Secretary of the City of Pearland, City Hall, Suite 309, 3519 Liberty Drive,Pearland,Texas 77581 - Bid Bonds are acceptable. The Contractor's Surety may use their own form. - Bid items 6 through 8 have been combined into a single `dewatering' item and the description modified to exclude reference to any particular method(s) of ground water control. A revised Bid Proposal form is attached. - Insurance Requirements; Attachment No. 3 to General Conditions: - The Contractor shall maintain the insurance required by Sections 4 1 &4 4 for at least one (1)year following the Date of Substantial Completion, - Professional Liability Insurance, Section 4.5,will not be required unless the Contractor performs professional services as part of this project, Builder's Risk insurance, Section 4 6,will not be required for this project. C. 07/2006 00021- 1 of 2 CITY OF PEARLAND ADDENDUM NO. 1 SPECIFICATIONS The Standard Specifications referenced in the Project Manual are now available in electronic form from the City Engineer's Office or the Engineer,Kirst Kosmoski, Inc. CONSTRUCTION DRAWINGS The Cover Sheet has been revised to include sheet 9 Sheet 9 has been revised to clearly indicate the break between this project and State Highway 35 Trunk Sanitary Sewer Project 1 An electronic copy of each is attached. Reduced or full size hard copies may be obtained from the Engineer,Kirst Kosmoski, Inc. MISCELLANEOUS Pre-Bid Meeting Notes, Plan Holders List, and Pre-Bid Sign-In List are attached. END OF ADDENDUM NO 1 sae; /eta"- Eddie Kirst,P.E. Project Manager 07/2006 00021-2 of 2 CITY OF PEARLAND BID PROPOSAL Section 00300 BID PROPOSAL Date. Bid of , an individual proprietorship/a corporation organized and existing under the laws of the State of Texas/a partnership consisting of , for the construction of: State Highway 35 Trunk Sanitary Sewer: Project 2 from John Lizer Road to Industrial Drive City of Pearland,Texas COP PN: W42041 BID NO.: 2006-065 (Submitted in Duplicate) To The Honorable Mayor and City Council of Pearland City of Pearland 3519 Liberty Dnve Pearland, Texas 77581 C7 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 State Highway 35 Trunk Sanitary Sewer: Project 2; from John Lizer Road to Industrial Drive with all related appurtenances, complete, tested, and operational, in accordance with the Plans, and Specifications prepared by the Engineer, Kirst Kosmoski, Inc., 2630 Fountainview, Ste. 318, Houston, Texas 77057, Eddie Kirst, P.E., under 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. C_ Bidder's Initial's. 07/2006 00300- 1 of 6 CITY OF PEARLAND BID PROPOSAL 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 four hundred twenty six (426) 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. Item Spec. Estimated No. No. Bid Item Description Unit Quantity Unit Price Amount Bid BASE BID ITEMS MOVE-IN&START-UP 1 01505 Mobilization LS 1 2. 01555 Flagmen LS 1 3 01555 Traffic Control LS 1 � J 4 02200 Clearing&Grubbing SY 57,615 5 01564 Control of Surface Water LF 15,881 6. 01564 Control of Ground Water; (Dewatering) LF 15,009 7 01560 Filter Fabric Fence LF 15,345 8. 01561 Reinforced Filter Fabric Barrier LF 1,320 SUBTOTAL MOVE-IN&START-UP SANITARY SEWER 9 02530 10-inch Sanitary Sewer,Open Cut 10- 12 LF 910 Foot Depth under Asphalt Road 10 02530 12-inch Sanitary Sewer,Open Cut 6-8 LF 1,900 Foot Depth 11 02530 12-inch Sanitary Sewer,Open Cut 8- 10 LF 1,818 Foot Depth 12. 02530 l.2-inch Sanitary Sewer,Open.Cut 10- 12 LF 740 Foot Depth 13 02530 12-inch Sanitary Sewer,Open Cut 12- 14 LF 694 Foot Depth 14 02415 12-inch Sanitary Sewer in 18-inch LF 229 Angered Steel Casing Bidder's Initial's. 07/2006 00300-2 of 6 CITY OF PEARLAND BID PROPOSAL Item Spec. Estimated No. No. Bid Item Description Unit Quantity Unit Price Amount Bid 15 02530 18-inch Sanitary Sewer; Open Cut, 14- LF 264 16 Foot Depth 16. 02530 18-inch Sanitary Sewer; Open Cut, 16- LF 1,301 18 Foot Depth 17 02530 18-inch Sanitary Sewer; Open Cut, 18- LF 369 20 Foot Depth 18 02415 18-inch Sanitary Sewer in 24-inch LF 56 Augered Steel Casing 19 02530 Apply Corrosion Resistant Liner to LS 1 Manhole on Pearland Parkway 20 02530 24-inch Sanitary Sewer; Open Cut, 12- LF 1,433 14 Foot Depth 21 02530 24-inch Sanitary Sewer; Open Cut, 14- LF 1,203 16 Foot Depth 22. 02530 24-inch Sanitary Sewer; Open Cut, 16- LF 387 18 Foot Depth 23 02415 24-inch Sanitary Sewer in 30-inch LF 194 Augered Steel Casing 24 02530 30-inch Sanitary Sewer; Open Cut, 16- LF 8 18 Foot Depth H 25 02530 30-inch Sanitary Sewer; Open Cut, 18 - LF 3,387 20 Foot Depth 26 02530 30-inch Sanitary Sewer, Open Cut,20 -22 LF 237 Foot Depth 27 02415 30-inch Sanitary Sewer in 36-inch LF 751 Augered Steel Casing 28 02542 4-foot Diameter Manhole,Complete in Ea 17 Place 29 02542 Extra Depth 4-foot Diameter Manhole Ea 15 30 02542 4-foot Diameter Corrosion Resistant Ea 5 {__ Manhole,Complete in Place 31 02542 Extra Depth 4-foot Diameter Corrosion Ea 25 Resistant Manhole 32. 02542 4-foot Diameter Corrosion Proof Manhole, Ea 1 Complete in Place 33 02542 Extra Depth 4-foot Diameter Corrosion Ea 4 Proof Manhole 34 02542 5-foot Diameter Corrosion Proof Manhole, Ea 17 Complete in Place 35 02542 Extra Depth 5-foot Diameter Corrosion VF 79 Proof Manhole 36. 02542 6-foot Diameter Corrosion Proof Manhole, Ea 2 Complete in Place Bidder's Initial's. 07/2006 00300-3 of 6 CITY OF PEARLAND BID PROPOSAL Item Spec. Estimated No. No. Bid Item Description Unit Quantity Unit Price Amount Bid 37 02542 Extra Depth 6-foot Diameter Corrosion VF 2 Proof Manhole 38 02542 7-foot Diameter Corrosion Proof Manhole, Ea 2 Complete in Place 39 02542 Extra Depth 7-foot Diameter Corrosion VF 24 Proof Manhole 40 02542 8-foot Diameter Corrosion Proof Manhole, Ea 1 Complete in Place 41 02542 Extra Depth 8-foot Diameter Corrosion VF 5 Proof Manhole 42. 02542 4-foot Diameter Extra Depth for 7-and 8- VF 20 foot Diameter Corrosion Proof Manhole 43 02542 Adjust Manhole to Final Grade Ea 45 44 02531 Standard Stack(0-3-Ft),All Sizes, Ea 1 Complete in Place 45 02531 Extra Depth Stack(>3-Ft),All Sizes, VF 6 Complete in Place 46. 02542 Internal Manhole Drop,All Sizes, Ea 2 Complete in Place 47 02542 Extra Depth Internal Manhole Drop,All VF 6 Sizes,Complete in Place 48. 02220 Abandon Existing Pearland Parkway Lift LS 1 Station Including:Removing Equipment, Plugging Wall Penetrations,Demolishing to 4-feet Below Grade,Filling with Cement Stabilized Sand,and Backfilling Remaining Hole 49 01570 Trench Safety System LF 14,845 50 , 02921 Hydro Mulch Seeding, Complete in Place Ac 11.9 SUBTOTAL SANITARY SEWER: SUBTOTAL BASE BID ITEMS. EXTRA ITEMS (If Approved by Engineer) 51 02318 Extra Machine Excavation to Obtain CY 191 Stable Trench or Manhole Bottom 52. 02252 Extra Cement Stabilized Sand to Obtain CY 96 Stable Trench or Manhole Bottom 53 02318 Extra Crushed Rock to Obtain Stable CY 96 Trench or Manhole Bottom Bidder's Initial's: 07/2006 00300-4 of 6 CITY OF PEARLAND BID PROPOSAL Item Spec. Estimated No. No. Bid Item Description Unit Quantity Unit Price Amount Bid 54 02530 Additional Cost for Wet Sand LF 680 Construction for Open Cut 12-Inch Sanitary Sewer;All Depths SUBTOTAL EXTRA ITEMS: TOTAL BID PRICE: C Bidder's Initial's 07/2006 00300-5 of 6 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 sixty(60) 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). 1- The following Addenda have been received. The modifications to the Bidding Documents noted therein have been considered and all costs thereto are included in the Bid Proposal prices. Addendum No. Date: Addendum-No Date: Addendum No Date. Addendum No Date: Addendum No. Date. Addendum No 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 By Title: Address. Phone No ATTEST (Seal, if Bidder is a Corporation) (Typed or Printed Name) Signature Date: `•- END OF SECTION , Bidder's Initial's. 07/2006 00300-6 of 6 '441111,1110111M T ` CITY OF PEARLAND -� „' kik y vir � °z` - DEPARTMENT OF PUBLIC WORKS :Roust c " - -1 STATE HIGHWAY 35 TRUNK z ` 1. -. FROM JOHN LIZER ROAD TO INDUSTRIAL DRIVE W _ -- ;,,� „ _•.° ' SANITARY SEWER .t- ,,, I..L _, N `°* '' :' PROJECT NO W42041 u ° �z."' , 4s? Pear(il9d• BID NO B2006-065 LOCATION MAP CITY ` PROJECT 2 i LOCATION �/ ` > INDFX OF DRAWING >. x<C �� S}J� DRAWING DESCRIPTION 1:I LL RIl;q•011lt® - /� A t rap-Oaw+ COVER sasr a MONTY TAPGIXERAL �" F r*�rriNlrfCll-.. F1`^ -sV O� 1� i 6�unRo01� AaeaExAnues�a+o LCTIOR EGEND i I�I%�11 klf:!CI�� s coo-su-PROECr aw+L PR0.ECT uvar �� . (/� /(l 5 COP-su6-UYOUII GENERGENERAL CONCONSTRUCT!''AY=1 SANITARY SENOR !:�� I� v NOTTHE I DRAWINGS IN r° G - S�AYOIIn GENERAL CONSTRUCT!'uIQR 1 WarAFr SEVER L � let4\4 II 1 �`_�' _ fi - 0 L T RAN Y PR'R6E PRANCER UNE I19C 104.006m STA' �� \ a . R 21 W�P-B� �POIJ PLAN &PIKE 0MEN'�a w]Ni00TO S�JnMO FI PROJECT aftll L: oPNL LOCATION 23 cm�-BAILEY-wpm PP',`AN it PRamE R.Aner n°a3o w m wo�4pa FI 0 orn t'FtA Y. °5• PEARI.,AND u ca-Ro-e-Pw1 wN 6 R+anE P6usrtau usr 6Ea�ro srA lowo Wx y WP-IN]-E-PP03 PLAN 6 PN6RE R1011snOAL FAST 101 m D1a F Q1 �- OMNTRPC ivL 4 4, 27 WP a2' PUN R PROFILE PROFILE MWSSTOAµL r�10%0 m STA'21.000 d DRAY Yes/ T E X A S 32 -�-N�aJ RAN 6 PROM ecouss AL REST 21.00 TO DO Z aP as-sAxs6x-solo STANDARD SANITARY SEVER antes ■ JO an-SAII]EW-sRO STANDARD SANITARY SEVER OEMS -1 JI COP-SURVEY-YAO-1 TYPOwRAR00 SURVEY 91 JS SNOW'ROAD m 01P151RIK NAVE 5 32 OOP-SURVEY-YAC-2 TCRODIM10C SURVEY 91 35 MISER ROAD TO INDUSTRIAL CONE< J] CCP-9R W-pP03] rOPOwAROe SURVEY 91 as SYEN9H ROAD m NN1500N.DRIVE I'I I■ � PEARI,AND �� is �9 Tcr-uAo-e T'Ow c SURVEY 9 SURVEY 911 ass 9N SVENSEN ROAD m UPOUS iL I. 1_■ 1� � s�. r �1SUIDEYF c 196-3l.PRINOFR MASTIC 1Re SURVEY WN591m 5�LANE m NDVSROAL OM1E O 36 COP-TRAmC-CODROL 'RAMC fANn0.PLANS LONG TERM 6 NRSLELIATE H VICINITY MAP JP COP-LANEOLa91PE-STM MARC Coco=STAMAM TOR AMC OLA91RE 41 4O CCP-SNP-'TM SLOW WATER POLLUTION PRE:ANDw PLAN OETNLS SCALE:1'.1/2 101E 1 a 0 I MAYOR. Tom Reid Kirr KIRSTKOSMOSHI,INC i COUNCIL Kevin Cole Helen Felicia Beckman JLv Civil/ConsultingEngineers Kevin Coie Fdtefa Kyle $ Steve Saban IL 2630 Fountainview,Ste.318;Hou.,Tx.77057 CITY MANAGER: BID Eisen Ph:832242-7200;Fax:8 3 2-242-7 2 0 5 CITY ENGINEER 5 Doug Kneupper,P.E. Date: y 50S,A.,,,,N„a C.1K k = ii {i^x APPROVED BY BRAZNO 4 DRAINAGE DISTRICT 13®100 N.iOfAC% 0_ jg Stacy L Adams,Chairman Jeffrey Brennan,Secretary C i4-D TECH 4O Od SOLUTIONS Don Keller,Commissioner Alfred E Lantz,P.E,R.P.LS. 1Wi Olntrict Engineer AUGUST,2006 Date: SHEET 1 OF 40 — , -- ,- - ODICMISAN PROD le9 LP-.36. NOS.orr...o.CONTROL Dams ROO WIELD 207106 0 rl£R L'A9N6 1Y 3.of SOME.CO M or 1 nuat µp Tom`. SEA 2EW PR,69.8 S4lsJ SAN sew..JS-J pyylp y^�`\ mosotona MR SAW R/!,R[U0t£R se mono c M P[R O_i AS 2DIAMETER 1 MO L wao Otcc3u ME.NJ RAMS S R)PRIME MAW arms R SW EL R RROSO6606 AMMO, 2 A 191JAJ6 9694 L RAMS A2 ATO'S.RO)D MS LTAfPC ACCESS a02PO9a`/PROOF S•CORROSION PALMER UANRRE AT AIL Rvf61 LOGOS.R92 Sfa£I. a?2P09W R£9rr.WT OW xoonm0 Mr ER SU9 ) w[SEW PH sR Js-s SLR i i ia�ia�.ssm L r[uewr R PLUS i�w.m.L0�am6i 01 aw cym�� STA 1MTA20 2500[ pw£k1P UAN[/[iF 6 LF-11'SAN 2EW 0 0206 $ / / / [ .IAJ acozeono�R caeeasov amsr r i{ . !/ 1 3 -g _ i •' H i /qA&sJ / OST ./ g Pmaa J6�do150.SOON Or TM 1244641.1 Or SA.AS 0.0 T. w1Z2' ammx.w J I ^^ l. ••• " I W..vm) 2 PRIVATE UTILRY LINES SHOWN r STATE HIGHWAY No. 35 tnm.».v +oa^I, *"'" (R/W VARIES) g /I /p m... — g d` /� y 8/ /�j cwrmvaNr ENERGY[[ccmirx vAcnn¢s 64-77 4 • 1 - CQRp(POWI ENERGY GAS T000RES .01 /F0000 y�\ ._� �, /,tJ,6d..,1F'�'_ .4....ea rs..... r.m. .xa. 4,uw,W '� `..v ,/ P / /�.,• A EIL.t I NYE WARNER CAGLE F S � 9� 1 m2 MU .L.'i)RR :!'�*4',: PROJECT 1 I PROJECT 2 1" • fa '� STATE HIGHWAY 35 ---- N.,./,• KIRSTKosMOSNI,INC 56 PROJECT 1 PROJECT 2 56 KK ;vil/C9lwllingEng)Rrers I 6 U Eomo.(nWv,20 l0 y Ro ..7104 vke f T lu.2-720q vm uaz.an61 52 • 52 WIVE.kOOLOO RNAO>0,Y SN 41W •1 i . 48 ' PROPOSED Of UR sa on.n moor • - 0 r .�m•ruvs. e.nw.ua • 976.9 rR/6P/r&nos I ��U� • 4O ,my �tAe .owt F��. ,u �] ' 6[s=u•rw SEW aaz6i I �• • • • • AN 36 :. ll� • 36 '<v �2J6.J4 gf[ II f[JSJI • PEARL AND • u•aaal4n� W. ``, 28 „ i za CITY OFEPEARLAND, aav)) • TEXAS i t, Enrra i•[E/ian�1 • -P,mn rw[v�r6- �_.1 • STATE HIGHWAY 35 TRUNK N 24 4 EU2T 0 ° °� 4 I : A)EEREa 2RZL GINS : I� 0 26.25 4 SANITARY SEWER n d `N Iw A N/1 i1z9 7 PEARLANO,TEXAS 3 - a� 'yw RY QY �If PLAN AND PROFILE 0_ 20 75 , #tl �t4 n "� 66[F 20 SH 35 vo sne M� a.� gg 3 x.a s00109cW, 20+00 TO STA 30+00 8 _ I a16r ISO LP-re sin.Q'W o alas - n 1{2[r-u'vR s[woazoz aN¢ i,6a v-.t6'r.11 swoaos{s ,�.,8 osu I �' Sep . . . . 0.06R10NE H. ORR:1-.0' SREET 18 18 . 14Y 11,2002`VER:,• 9 20+00 21+00 22+00 23+00 24+00 .25+00 26+00 27+00 28+00 29+00 30+00 o JAG TOO,ammo 0.4 er E,,,,sr Sm01-016 0 40 K-rp KIRST KOSMOSKI,INC. .Ly Civil/Consulting Engineers 2630 Fountainview,Ste.318;Hou.,Tx.77057 Ph:832-242-7200;Fax:832-242-7205 MEETING NOTES Page 1 of 2 PROJECT. SH 35 Trunk Sanitary Sewer—Project 2 KKI JOB NO. m0001-016-300 CLIENT- City of Pearland DATE OF MEETING. August 23,2006 CLIENT JOB NO. W42041 DATE PREPARED August 23,2006 LOCATION Pearland City Hall,2nd fl. Conf.Rm. PREPARED BY LEK PURPOSE OF MEETING Pre-Bid ATTENDED BY See attached sign-in sheet cc: Attendees _ THE FOLOWING IS OUR UNDERSTANDING OF THE ITEMS DISCUSSED AT THIS MEETING. PLEASE NOTIFY US IF YOU HAVE QUESTIONS OR COMMENTS ABOUT THIS INFORMATION ITEM DISCUSSION 1 Design Engineer provided brief overview of project and reviewed the following items of interest: - Because of the relation of this project and Project 1,it was discussed and agreed agreed by all present that Contractor's who attended either the Project 1 or Project 2 Pre-Bid Meeting would be eligible to bid on BOTH projects. - Bid Proposals are to be submitted to the City Secretary's office on the 3rd floor of Pearland city Hall, - Bid Bonds on the Contractor's Surety's form are acceptable, - The Plan Holder's List and Pre-Bid Sign-In Sheet will be included with Addendum No. 1, - Acquisition of all Right-of-Way will be completed within 30 days, C_ - The break between Projects 1 &2 is on the north side of Manhole SH 35-7 at the intersection of State Highway 35 and John Lizer Road, - A revised Sheet 9 more clearly indicating the break between Projects 1 &2 will be included in Addendum No. 1, - Manhole SH 35-7 (in Project 2 for bidding purposes)will need to be completed and ready for connection of the Project 1 sewer approximately 60—70 days following the beginning of Project 1 construction, - Manhole SH 35-7 may be"change ordered"out of this project and into Project 1 if necessary to keep Project 1 on schedule, - The first 1.500±feet of 30-inch sewer south of manhole SH 35-7 is a priority for this project to provide service for an ongoing development on the west side of SH 35, - This project will cross in front of Pearland Highschool,Contractor should plan accordingly for safety and security, - Casings are shown for all augered sections for bid purposes, some casing may be eliminated during construction if conditions allow, - Portions of the sewer under State Highway 35 and shown to have `augered casings for tree protection' will be required to have casing, - The City Project Manager is Mr Cecil Bowery, - The Construction Manager will be Mr George Puig of Construction&Management Professionals. The following are responses to questions asked by attendees. 3 Burning will not be allowed. 2. Excess excavation is to be disposed by the Contractor - Fill permits are required for placement of any fill within the City limits, - Landowners are responsible for obtaining fill permits, - Contractor should provide a copy of fill permit(s)to the Construction Manager prior to placing fill. P•\m0001-CoP\016-sh35-s_ss\admin\meeting\notes\002-pre-bid_mtng_proj-2.doc �V 1L--gy�pp KIRST KOSMOSHI, INC. • Civil/Consulting Engineers 2630 Fountainview,Ste.318;Hou.,Tx.77057 Ph:832-242-7200;Fax:832-242-7205 MEETING NOTES Page 2 of 2 PROJECT. SH 35 Trunk Sanitary Sewer—Project 2, KKI JOB NO. m0001-016-300 CLIENT• City of Pearland DATE OF MEETING•. August 23,2006 3 The City will employ and pay for laboratory testing services. 4 The Standard Specifications Division 1 through Division 16 referenced in the Project Manual are available in Electronic form from the City Engineer's Office in the one story building next to City Hall, Mr Tom Daniels,281-652-1648. 5 A field office will be required for Project 2. 6. Repair of all paving damaged by construction activities is incidental to the construction. 7 Bid items 6 through 8,Control of Ground Water;will be consolidated into a single item and the description revised to be a generic`dewatering' item without reference to method. 8. Insurance;Attachment No. 3 to General Conditions: - The Contractor shall maintain the insurance required by Sections 4 1 &4 4 for at least one(1) year following the Date of Substantial Completion, - Professional Liability Insurance, Section 4.5,will not be required unless the Contractor performs professional services as part of this project, - Builder's Risk insurance, Section 4.6,will not be required for this project. r— i r P•\m0001-CoP\016-sh35-s_ss\admin\meeting\notes\002-pre-bid mtng_proj-2.doc CITY OF PEARLAND PLAN HOLDERS LIST State Highway 35 Trunk Sanitary Sewer: Project 2 from John Lizer Road to Industrial Drive Bid No.: 2006-065 BIDS DUE. August 30,2006; 10:30 AM LOCATION Pearland City Hall, 3r`'Fl City Secretary PRE-BID• August 23,2006; 10:00 AM LOCATION Pearland City Hall, tad Fl. Conf.Rm. ESTIMATE. $3,000,000 PLAN FEE. $100.00(Checks Payable to Kirst Kosmoski,Inc.) Set#, Date, Company Name Contact Ph.#,Fax#,E-mail Check# 1. Huff&Mitchell,Inc. Jeff Heflin Ph. 281-304-9100 8/23 17920 Huffineister,Ste. 150 Fax: 281-304-9107 9031 Cypress,Tx.77429 E-mail: jheflin@huflTitchell.com 2. Ph. Fax: E-mail: 3. Pace Services,L.P Gary Atkins Ph. 1-281-256-2201 8/23 14226 Huffmeister Fax: 1-281-256-9066 051476 Cypress,Tx.77429 E-mail: gary@paceservices.us 4. C.E.Barker,Ltd. Lee Yates Ph. 281-252-3677 8/23 P 0 Box 1596 Adam Sydnor Fax: 281-252-3688 028201 Montgomery,Tx 77356-1596 E-mail: asydnor@cebarkerltd.com 5. Big State Excavation Inc. John Cantrell Ph. 281-440-8500 8/23 15531 Kuykendahl,Ste.280 Fax: 281-440-8088 208503 Hou.,Tx. 77090 E-mail: bids@bigstate.org 6. Menendez-Donnell&Assoc. Jose Betancourt Ph. 713-647-0777 8/23 10661 Haddington,Ste. 190 Fax: 713-647-0767 220417 Hou.,Tx.77043-3248 E-mail: joseb@mda-inc.com — 7 Reddico Construction Co. Mike Gruy Ph. 936-441-9500 8/17 10083 FM 1484 Steve Redd Fax: 936-760-3846 4583 Conroe,Tx.77303 E-mail: thegru@reddico.com 8. Texas Sterling Const.,L.P Ed Breedlove Ph. 281-821-9091 8/17 20810 Fernbush Lane Fax: 281-821-2995 40380 Hou.,Tx.77073 E-mail: ebreedlove@texas-sterling.com 9. Contech Const.Prod.,Inc. Wesley Dacus Ph. 281-350-4752 8/17 4915 Red River Ct. Fax: 381-350-2687 j ' 158 Spring,Tx.77386 E-mail: dacusw@contech-cpi.com 10. AmTek(Planroom) Todd Kimball Ph. 713-956-0100 8/17 4001 Sherwood Lane Fax: 713-956-5340 - Hou.,Tx.77092 E-mail: planroom@amtekusa.com 11. Triple B Services,L.L.P Beth Briggs Ph. 281-324-3264 8/18 820 Old Atascosita Rd. Fax: 281-324-1304 23130 Huffivan,Tx.77336 E-mail: beth@triplebservices.com 12. E.P Brady Ltd. Matt Covan Ph. 713-691-0923 8/18 3414 Persinunon St. Dan Brady Fax: 713-691-5423 ' 12708 Hou.,Tx.77093 E-mail: matt@epbradyltd.com 13. George Construction,Inc. Praful Bora Ph. 713-728-8480 8/21 5148 Lotus St. Fax: 713-729-6553 16945 Hou.,Tx.77045 E-mail: prafulbora(c�georgeconst.com C_ 14. Bor-Tun Co. Bret Gowens Ph. 832-204-8835 8/21 515 S.Loop West Fax: 713-799-1394 13506 Hou.,Tx.77054 E-mail: bret.g@bortunco.com 07/2006 001 - 1 of 2 I I CITY OF PEARLAND PLAN HOLDERS LIST State Highway 35 Trunk Sanitary Sewer: Project 2 from John Lizer Road to Industrial Drive Bid No.. 2006-065 BIDS DUE. August 30,2006;10:30 AM LOCATION Pearland City Hall;3rd Fl City Secretary PRE-BID• August 23,2006; 10:00 AM LOCATION Pearland City Hall;2"Fl.Conf.Rm. ESTIMATE. $3,000,000 PLAN FEE. $ 100.00(Checks Payable to Kirst Kosmoski,Inc.) Set#. Date, Company Name Contact Ph.#,Fax#,E-mail Check# 15. Reddico Construction Co. Mike Gray Ph. 936-441-9500 8/12 10083 FM 1484 Steve Redd Fax: 936-760-3846 999996 Conroe,Tx. 77303 E-mail: thegru@reddico.com 16. Hobas Pipe USA John Simonson Ph. 281-821-2200 8/22 1413 Richey Rd. Kirk Eager Fax: 281-821-7715 3474 Hou.,Tx.77073-3508 E-mail: jsimonson@hobaspipe.com 17 Calco Contracting,Ltd. Henry Happel Ph. 281-448-2620 8/23 8000 Berwyn Dr Fax: 281-448-9237 1354 Houston,Tx. 77037 E-mail: henryhappel@houston.rr.com 18. BRH-Garver David Ellett Ph. 713-921-2929 8/23 7600 S. Sante Fe,Bld.A-1 E. Fax: 713-921-2487 12969 Hou.,Tx.77061 E-mail: davidellett@brhgarver.com 19 SER Const.Partners,Ltd. Mike Coppock Ph. 713-473-7900 8/23 P O Box 774 Fax: 713-473-7919 1097 Montgomery, Tx.77356 E-mail: mike@serconstruction.net `—' 20. Metro City Construction,LP Orrell"Tee"Espree Ph. 713-943-0090 8/23 P O.Box 890271 Fax: 713-943-0092 7022 Hou.,Tx.77289 E-mail: tony@metrocityonline.com 21. City of Pearland Purchasing Department Ph. 281-652-1668 8/23 3519 Liberty Dr.,2nd Fl. Mr Gordon Island Fax: 281-652-1706 - Pearland,Tx.77581 E-mail: gisland@ci.pearland.tx.us 22. City of Pearland Projects Department Ph. 281-652-1682 8/23 3519 Liberty Dr Mr Cecil Bowery Fax: 281-652-1706 - Pearland,Tx.77581 E-mail: cbowery@ci.pearland.tx.us 23. Kirst Kosmoski,Inc. Eddie Kirst Ph. 832-242-7200 - 2630 Fountainview, Ste.318 Fax: 832-242-7205 - Hou.,Tx.77057 E-mail: eddie@kirstkosmoski.com 24. Const.&Mgnt.Proffs. George Puig Ph. 713-202-3237 8/24 P 0 Box 209 Fax: 281-492-6836 - Barker,Tx.77413 E-mail: peorge.puig@candmp.com 25. Ph. Fax: E-mail: 26. Ph. Fax: E-mail: 27 Ph. Fax: E-mail: 28. Ph. Fax: E-mail: 07/2006 001 -2 of 2 i CITY OF PEARLAND PRE-BID SIGN-IN LIST State Highway 35 Trunk Sanitary Sewer;f r ° ,`I ' Cfrom John Lizer Road to Industrial Drive Bid No.• 2006-065 ii BIDS DUE. August 30,2006; 10:30 AM LOCATION Pearland City Hall; 3rd Fl.City Sectretary PRE-BID• August 23,2006; 10:00 AM LOCATION Pearland City Hall; 2"d Fl.Conf.Rm. ESTIMATE. $300,000 PLAN FEE. $ 100.00(Checks Payable to Kirst Kosmoski,Inc.) Company Name Representative/Contact Ph.#,Fax#,E-mail Name 1 Kirst Kosmoski,Inc. _/ Ph. 832-242-7200 ' -` 2630 Fountainview, Ste.318 e�G1 (6 ei-,,,5i Fax: 832-242-7205 Hou.,Tx.77057 E-mail: eddie@kirstkosmoski.com 2. Ph. 2Si-3,q-90o 11444 f lit itkc a J c.- ' I-4--H1^ Fax: Z ti1- 3.)y-g l o7 E-mail::11.&C I;ni La r,t�.4e Le . C.,- ,Ph. 7/3-d9/•-d92.3 r A iQ.e,c),,,P y 4-4 P44)eG 42,4 oj• Fax: 7/3-l0 9/-4 yz.3 E-mail. "74.11&ajofi,:ao y h.'x Goat 4 /� Ph. •713-d,9.O'23 or P `_/"/,z`/ if`414,n. Fax: "7.1 GSi-rve 3 E-mail. /fle/le 4.4ra/lie/ems, -. ,-- 5 Le(cv (04re rYY CdA Ph. ZIPWC%-3 Z��b i CFax: Z� -uy Ss!g23-z E-mail. Ph. Pl � ` c1 c-xP-S me n/\Ali. 1-VvX- Fax: Zt.,1 tz‘ Z`t`c (.4.7..s•Mc,,cJi,u-, E-mail. ,-,.h, .,K(D\-t x.As-s--c.A , w1, - 7 Ph. 13 i o- 0601 k e C0 � Z vow Fax: V � Sb --OS(ZE-mail. tAAN4 s "{cis, Cot 8. L 1'D 0i Go -s 1•a /� Ph. (93 l - `��OU 1 L 1�1 .K V Fax: C9 3 L 260 - 3 8 4‘ Y E-mail: 9 �o� J4,4 nq Cyan Ph. a-?t-43'a -/goy Fax: I�vb1;c t,Ja45 E-mail. 10. P a 4 &A,A4 f t-s kttlAm44441 Ph. 1 241-LSD -22_D! �ZZ4 1 GlnC�ttn szis4.0.. Fax: 1 ..2..“. - l e?op `� E-mail. 11 jipG3A- S libe. Ph. air fir`- -7,2-oO _ /die k �'��P.r Fax: 241- tz(- 77 c E-mail: pie /iae`i '�, 12. D 6-2d-5}2_�'-u Ph. 1 t3 z 02-- 3 2- 3 7 0,o P "D g Fax: zg f- 4Z--'h&g 4 ter- - d V 7 7�! � � 136 3 E-mail. y ..�-u •� G� , 713-L1.4a-Lietllo C6nt-cck &e3le/ Dap,s Fax: gel- 3SO d.hb-/ 7- E-mail. dark,to q Cm,-1-cc h-co.-Gcrwt 14 nit Y,e Gopp©c ie- Ph. -7 13 4/73--7900 �i✓2 cons,. Fax: 7t? `03- 7919 E-mail: in ace e St'f COnSfruc.-lcWin. ne f 03/2005 00000i- 1 of 2 CITY OF PEARLAND PRE-BID SIGN-IN LIST State Highway 35 Trunk Sanitary Sewer Project 2 from John Lizer Road to Industrial Drive I Bid No.: 2006-065 BIDS DUE. August 30,2006; 10:30 AM LOCATION Pearland City Hall;3rd Fl.City Sectretary PRE-BID. August 23,2006; 10:00 AM LOCATION Pearland City Hall;2°'Fl. Conf.Rm. ESTIMATE. $300,000 PLAN FEE. $ 100.00(Checks Payable to Kirst Kosmoski,Inc.) Company Name Representative/Contact Name Ph.#,Fax#,E-mail 15 Ph. 713. 691/7.0777 in DA, lNC. dose' B 74nlCOV1 :Fax: 713. 6(17.07fr7 1 E-mail: 16 ,,D Ph. 743-9 3-00 qea Can5irlleit97 0 fie// Fax: .7/.3,9e/3-06,Gl LP 6-5 reel •E-mail. 4.)//If dti'd cdy oh/rnp_ea:4.. 17 Ph. Fax: E-mail. 18 e 13A21(62, --49 LC,E �RThS/Ada.4 Ph. a8 115 2 36")1 Start or Fax: 111 1)-2 `36 2 ( E-mail. 19 ( Ph. 2S'(-3-0- 3244 car ( y Fax: 2ai-3 ' 1 3n4` Trup(-e. 6 Era lr i&e-S E-mail. - 20. _ Ph. 01-(os 2- 1G57 C -ty�Pea r la^� �(P� jers(n Fax:E-mail. 50pervv,e ,peecrla•,d lc.0 S 21 Ph. ��YY I C' S� Fax: -I rl 3- �-`7-ces 53 t`u t\ E-mail.3,.c„.4 � �`ceCoR5A1" cat 22. 1 //�� Ph. Z *r _�+MeiG5o�7 C� tr ;<'Dt�N�, era C.Ti.eie.i) Fax: 2- ?fe SYA t ' E-mail. 23 .3Fg-Gri vep iwi rC 17 Ph. 7(3/ ZI-C1Z9 Fax: 7I%fgZv--24187 .g'FF-F---r-e•D1✓I ktc, E-mail. r_ 24 / 97a Ph. Mr* mo Jo'�o 001✓t�7� Fax: '7�I-qQD--$O$& ,actlAa �d71 E-mail. 25 q� � Q J,, Ph. 20-(,c2-)9/4 �lJ 4 �✓�✓1 f � Fax: PV`011 E-mail:E-m 26 Ph. Fax: I E-mail. 27 Ph. Fax: E-mail. 28 Ph. Fax: j E-mail. _ 03/2005 00000i-2 of 2 CITY OF PEARLAND ADDENDUM NO.2 Section 00022 ADDEMDUM NO.2 Date. August 25,2006 PROJECT State Highway 35 Trunk Sanitary Sewer Project 2 from John Lizer Road to Industrial Drive COP PROJECT NO W42041 ` BID NO 2006-065 BID DATE. August 30, 2006 FROM. Eddie Kirst,P.E. Project Manager Kirst Kosmoski, Inc. 2630 Fountainview, Ste. 318 Houston, Texas 77057 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. CONTRACT DOCUMENTS The Units listed for bid items 29, 31, &33 have been revised to "VF"to indicate Vertical Feet. The quantities remain the same. A revised Bid Proposal form is attached. SPECIFICATIONS Section 02520—Gravity Sanitary Sewers, Paragraph 2.02 E., The City of Pearland has chosen not to allow Profile Wall PVC pipe on this project. END OF ADDENDUM NO 2 Sae: Zder ' Eddie Kirst,P.E. Project Manager 07/2006 00022- 1 of 1 CITY OF PEARLAND BID PROPOSAL Section 00300 BID PROPOSAL Date: Bid of , an individual proprietorship/a corporation organized and existing under the laws of the State of Texas/a partnership consisting of ,for the construction of: + k State Highway 35 Trunk Sanitary Sewer: Project 2 from John Lizer Road to Industrial Drive City of Pearland,Texas COP PN: W42041 BID NO.: 2006-065 (Submitted in Duplicate) To The Honorable Mayor and City Council of Pearland City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Pursuant to the published Invitation to 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 State Highway 35 Trunk Sanitary Sewer: Project 2; from John Lizer Road to Industrial Drive with all related appurtenances, complete, tested, and operational, in accordance with the Plans, and Specifications prepared by the Engineer, Kirst Kosmoski, Inc., 2630 Fountainview, Ste. 318, Houston, Texas 77057, Eddie Kirst, P.E., under 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. , C Bidder's Initial's. 07/2006 00300rr- 1 of 6 i l CITY OF PEARLAND BID PROPOSAL 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 four hundred twenty six (426) 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. Item Spec. Estimated No. No. Bid Item Description Unit Quantity Unit Price Amount Bid BASE BID ITEMS MOVE-IN& START-UP 1 01505 Mobilization LS 1 2. 01555 Flagmen LS 1 3 01555 Traffic Control LS 1 - r 4 02200 Clearing&Grubbing SY 57,615 5 01564 Control of Surface Water LF 15,881 6. 01564 Control of Ground Water;(Dewatering) LF 15,009 7 01560 Filter Fabric Fence LF 15,345 8. 01561 Reinforced Filter Fabric Barrier LF 1,320 SUBTOTAL MOVE-IN&START-UP SANITARY SEWER 9 02530 10-inch Sanitary Sewer,Open Cut 10- 12 LF 910 Foot Depth under Asphalt Road 10 02530 12-inch Sanitary Sewer,Open Cut 6-8 LF 1,900 Foot Depth 11 02530 12-inch Sanitary Sewer,Open Cut 8- 10 LF 1,818 Foot Depth 12. 02530 12-inch Sanitary Sewer,Open Cut 10- 12 LF 740 Foot Depth 13 02530 12-inch Sanitary Sewer,Open Cut 12- 14 LF 694 Foot Depth . 14 02415 12-inch Sanitary Sewer in 18-inch LF 229 Augered Steel Casing Bidder's Initial's: 07/2006 00300rr-2 of 6 CITY OF PEARLAND BID PROPOSAL Item Spec. Estimated CNo. No. Bid Item Description Unit Quantity Unit Price Amount Bid 15 02530 18-inch Sanitary Sewer; Open Cut, 14- LF 264 — 16 Foot Depth y 16. 02530 18-inch Sanitary Sewer;Open Cut, 16- LF 1,301 18 Foot Depth 17 02530 18-inch Sanitary Sewer; Open Cut, 18- LF 369 20 Foot Depth 18. 02415 18-inch Sanitary Sewer in 24-inch LF 56 Augered Steel Casing 19 02530 Apply Corrosion Resistant Liner to LS 1 Manhole on Pearland Parkway 20 02530 24-inch Sanitary Sewer; Open Cut, 12- LF 1,433 14 Foot Depth 21 02530 24-inch Sanitary Sewer; Open Cut, 14- LF 1,203 16 Foot Depth 22. 02530 24-inch Sanitary Sewer;Open Cut, 16- LF 387 18 Foot Depth 23 02415 24-inch Sanitary Sewer m 30-inch LF 194 Augered Steel Casing 24 02530 30-inch Sanitary Sewer; Open Cut, 16- LF 8 18 Foot Depth 25 02530 30-inch Sanitary Sewer; Open Cut, 18- LF 3,387 20 Foot Depth 26. 02530 30-inch Sanitary Sewer; Open Cut,20-22 LF 237 Foot Depth 27 02415 30-inch Sanitary Sewer in 36-inch LF 751 + , Augered Steel Casing 28. 02542 4-foot Diameter Manhole,Complete in Ea 17 Place 29 02542 Extra Depth 4-foot Diameter Manhole VF 15 30 02542 4-foot Diameter Corrosion Resistant Ea 5 Manhole, Complete in Place 31 02542 Extra Depth 4-foot Diameter Corrosion VF 25 Resistant Manhole 32. 02542 4-foot Diameter Corrosion Proof Manhole, Ea 1 Complete in Place 33 02542 Extra Depth 4-foot Diameter Corrosion VF 4 Proof Manhole 34 02542 5-foot Diameter Corrosion Proof Manhole, Ea 17 Complete in Place 35 02542 Extra Depth 5-foot Diameter Corrosion VF 79 Proof Manhole 36. 02542 6-foot Diameter Corrosion Proof Manhole, Ea 2 Complete in Place - Bidder's Initial's. 07/2006 00300rr-3 of 6 CITY OF PEARLAND BID PROPOSAL { Item Spec. Estimated No. No. Bid Item Description Unit Quantity Unit Price Amount Bid 37 02542 Extra Depth 6-foot Diameter Corrosion VF 2 Proof Manhole 38. 02542 7-foot Diameter Corrosion Proof Manhole, Ea 2 Complete in Place 39 02542 Extra Depth 7-foot Diameter Corrosion VF 24 Proof Manhole 40 02542 8-foot Diameter Corrosion Proof Manhole, Ea 1 Complete in Place 41 02542 Extra Depth 8-foot Diameter Corrosion VF 5 Proof.Manhole { 42. 02542 4-foot Diameter Extra Depth for 7-and 8- VF 20 foot Diameter Corrosion Proof Manhole 43 02542 Adjust Manhole to Final Grade Ea 45 44 02531 Standard Stack(0-3-Ft),All Sizes, Ea 1 Complete in Place 45 02531 Extra Depth Stack(>3-Ft),All Sizes, VF 6 Complete in Place 46 02542 Internal Manhole Drop,All Sizes, Ea 2 Complete in Place 47 02542 Extra Depth Internal Manhole Drop,All VF 6 Sizes, Complete in Place 48 02220 Abandon Existing Pearland Parkway Lift LS 1 Station Including:Removing Equipment, Plugging Wall Penetrations,Demolishing to 4-feet Below Grade,Filling with Cement Stabilized Sand,and Backfilling Remaining Hole 49 01570 Trench Safety System LF 14,845 50 02921 Hydro Mulch Seeding, Complete in Place Ac 11.9 SUBTOTAL SANITARY SEWER: SUBTOTAL BASE BID ITEMS: EXTRA ITEMS (If Approved by Engineer) 51 02318 Extra Machine Excavation to Obtain CY 191 Stable Trench or Manhole Bottom 52. 02252 Extra Cement Stabilized Sand to Obtain CY 96 Stable Trench or Manhole Bottom 53 02318 Extra Crushed Rock to Obtain Stable CY 96 Trench or Manhole Bottom rf Bidder's Initial's. 07/2006 00300rr-4 of 6 CITY OF PEARLAND - BID PROPOSAL Item Spec. Estimated No. No. Bid Item.Description Unit Quantity Unit Price Amount Bid 54 02530 Additional Cost for Wet Sand LF 680 Construction for Open Cut 12-Inch Sanitary Sewer;All Depths SUBTOTAL EXTRA ITEMS: III TOTAL BID PRICE: C h�l � f I' l C_ Bidder's Initial's. 07/2006 00300rr-5 of 6 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 sixty(60) 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: Addendum No. Date: Addendum No Date: Addendum No Date: Addendum No Date: Addendum No Date: Bidder hereby represents that the only person or parties interested in this offer as principals are those named 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: By Title: Address Phone No ATTEST (Seal, if Bidder is a Corporation) (Typed or Pnnted Name) Signature Date: END OF SECTION Bidder's Initial's. 07/2006 00300rr-6 of 6 CITY OF PEARLAND ADDENDUM NO. 3 Section 00023 ADDEMDUM NO. 3 Date August 28,2006 PROJECT State Highway 35 Trunk Sanitary Sewer Project 2 from John Lizer Road to Industrial Drive COP PROJECT NO W42041 BID NO 2006-065 BID DATE August 30,2006 FROM. Eddie Kirst,P.E. Project Manager Kirst Kosmoski, Inc. 2630 Fountainview, Ste. 318 Houston,Texas 77057 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. CONTRACT DOCUMENTS The description for Bid Item 54 has been revised to include all pipe sizes. A revised Bid 1 Proposal form is attached. END OF ADDENDUM NO 3 Z•W Eddie Kirst,P.E. Project Manager 07/2006 00023- 1 of 1 4 . CITY OF PEARLAND BID PROPOSAL Section 00300 BID PROPOSAL Date. Bid of , an individual proprietorship/a corporation organized and existing under the laws of the State of Texas/a partnership consisting of , for the construction of: State Highway 35 Trunk Sanitary Sewer: Project 2 from John Lizer Road to Industrial Drive City of Pearland,Texas COP PN: W42041 BID NO.: 2006-065 ii (Submitted in Duplicate) To The Honorable Mayor and City Council of Pearland City of Pearland 3519 Liberty Drive Pearland,Texas 77581 Pursuant to the published Invitation to 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 State Highway 35 Trunk Sanitary Sewer: Project 2; from John Lizer Road to Industrial Drive with all related appurtenances, complete, tested, and operational, in accordance with the Plans, and Specifications prepared by the Engineer, Kirst Kosmoski, Inc.,2630 Fountainview, Ste. 318, Houston, Texas 77057, Eddie Kirst, P.E., under 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. Bidder's Initial's. 07/2006 00300m- 1 of 6 _ ` �I CITY OF PEARLAND BID PROPOSAL 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 four hundred twenty six (426) 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. Item Spec. Estimated No. No. Bid Item Description Unit Quantity Unit Price Amount Bid BASE BID ITEMS MOVE-IN& START-UP 1 01505 Mobilization iLS 1 2. 01555 Flagmen LS 1 3 01555 Traffic Control LS 1 4 02200 Clearing&Grubbing SY 57,615 5 01564 Control of Surface Water LF 15,881 6. 01564 Control of Ground Water;(Dewatering) LF 15,009 7 01560 Filter Fabric Fence LF 15,345 8. 01561 Reinforced Filter Fabric Barrier LF 1,320 SUBTOTAL MOVE-IN&START-UP SANITARY SEWER 9 02530 10-inch Sanitary Sewer,Open Cut 10- 12 LF 910 Foot Depth under Asphalt Road 10 02530 12-inch Sanitary Sewer,Open Cut 6-8 LF 1,900 Foot Depth 11 02530 12-inch Sanitary Sewer,Open Cut 8- 10 LF 1,818 Foot Depth 12. 02530 12-inch Sanitary Sewer,Open Cut 10- 12 LF 740 Foot Depth 13 02530 12-inch Sanitary Sewer,Open Cut 12- 14 LF 694 Foot Depth 14 02415 12-inch Sanitary Sewer in 18-inch LF 229 Augered Steel Casing Bidder's Initial's. 07/2006 00300rrr-2 of 6 CITY OF PEARLAND BID PROPOSAL Item Spec. Estimated No. No. Bid Item Description Unit Quantity Unit Price Amount Bid 15 02530 18-inch Sanitary Sewer;Open Cut, 14- LF 264 16 Foot Depth 16 02530 18-inch Sanitary Sewer;Open Cut, 16- LF 1,301 18 Foot Depth 17 02530 18-inch Sanitary Sewer;Open Cut, 18- LF 369 20 Foot Depth 18. 02415 18-inch Sanitary Sewer in 24-inch LF 56 Augered Steel Casing 19 02530 Apply Corrosion Resistant Liner to LS 1 Manhole on Pearland Parkway —, 20 02530 24-inch Sanitary Sewer; Open Cut, 12- LF 1,433 14 Foot Depth 21 02530 24-inch Sanitary Sewer; Open Cut, 14- LF 1,203 16 Foot Depth 22. 02530 24-inch Sanitary Sewer; Open Cut, 16- LF 387 18 Foot Depth 23 02415 24-inch Sanitary Sewer in 30-inch LF 194 Augered Steel Casing 24 02530 30-inch Sanitary Sewer; Open Cut, 16- LF 8 18 Foot Depth 25 02530 30-inch Sanitary Sewer;Open Cut, 18- LF 3,387 20 Foot Depth 26 02530 30-inch Sanitary Sewer,Open Cut,20-22 LF 237 Foot Depth 27 02415 30-inch Sanitary Sewer in 36-inch LF 751 Augered Steel Casing 28. 02542 4-foot Diameter Manhole,Complete in Ea 17 Place 29 02542 Extra Depth 4-foot Diameter Manhole VF 15 30 02542 4-foot Diameter Corrosion Resistant Ea 5 Manhole, Complete in Place 31 02542 Extra Depth 4-foot Diameter Corrosion VF 25 Resistant Manhole 32. 02542 4-foot Diameter Corrosion Proof Manhole, Ea 1 Complete in Place 33 02542 Extra Depth 4-foot Diameter Corrosion VF 4 Proof Manhole 34 02542 5-foot Diameter Corrosion Proof Manhole, Ea 17 Complete in Place 35 02542 Extra Depth 5-foot Diameter Corrosion VF 79 Proof Manhole 36 02542 6-foot Diameter Corrosion Proof Manhole, Ea 2 Complete in Place a- Bidder's Initial's. 07/2006 00300rrr-3 of 6 CITY OF PEARLAND BID PROPOSAL Item Spec. Estimated No. No. Bid Item Description Unit Quantity Unit Price Amount Bid 37 02542 Extra Depth 6-foot Diameter Corrosion VF 2 Proof Manhole 38 02542 7-foot Diameter Corrosion Proof Manhole, Ea 2 Complete in Place 39 02542 Extra Depth 7-foot Diameter Corrosion VF 24 Proof Manhole 40 02542 8-foot Diameter Corrosion Proof Manhole, Ea 1 Complete in Place 41 02542 Extra Depth 8-foot Diameter Corrosion VF 5 Proof Manhole 42. 02542 4-foot Diameter Extra Depth for 7-and 8- VF 20 foot Diameter Corrosion Proof Manhole 43 02542 Adjust Manhole to Final Grade Ea 45 44 02531 Standard Stack(0-3-Ft),All Sizes, Ea Complete in Place 45 02531 Extra Depth Stack(>3-Ft),All Sizes, VF 6 Complete in Place 46 02542 Internal Manhole Drop,All Sizes, Ea 2 Complete in Place 47 02542 Extra Depth Internal Manhole Drop,All VF 6 Sizes,Complete in Place 48 02220 Abandon Existing Pearland Parkway Lift LS 1 Station Including: Removing Equipment, Plugging Wall Penetrations,Demolishing to 4-feet Below Grade,Filling with Cement Stabilized Sand,and Backfilling Remaining Hole 49 01570 Trench Safety System LF 14,845 50 02921 Hydro Mulch Seeding, Complete in Place Ac 11.9 SUBTOTAL SANITARY SEWER. SUBTOTAL BASE BID ITEMS: EXTRA ITEMS (If Approved by Engineer) 51 02318 Extra Machine Excavation to Obtain CY 191 Stable Trench or Manhole Bottom 52. 02252 Extra Cement Stabilized Sand to Obtain CY 96 Stable Trench or Manhole Bottom 53 02318 Extra Crushed Rock to Obtain Stable CY 96 Trench or Manhole Bottom Bidder's Initial's. 07/2006 00300rrr-4 of 6 r/ CITY OF PEARLAND BID PROPOSAL Item Spec. Estimated No. No. Bid Item Description Unit Quantity Unit Price Amount Bid 54 02530 Additional Cost for Wet Sand LF 680 —I Construction for Open Cut Sanitary Sewer; All Sizes,All Depths SUBTOTAL EXTRA ITEMS: TOTAL BID PRICE: iI C C Bidder's Initial's. 07/2006 00300rrr-5 of 6 L 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 sixty(60) 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. Addendum No Date. Addendum No. Date: Addendum No. Date Addendum No Date: Addendum No Date: Bidder hereby represents that the only person or parties interested in this offer as principals are those named 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: By Title: Address: Phone No ATTEST (Seal, if Bidder is a Corporation) (Typed or Printed Name) Signature Date: �_- END OF SECTION Bidder's Initial's: 07/2006 00300rrr-6 of 6 CITY OF PEARLAND ADDENDUM NO. 4 Section 00024 ADDEMDUM NO. 4 Date August 29,2006 PROJECT State Highway 35 Trunk Sanitary Sewer Project 2 from John Lizer Road to Industrial Drive -J COP PROJECT NO W42041 BID NO 2006-065 BID DATE August 31,2006; 9:30 AM; Pearland City Hall,2nd Floor Conference Room FROM. Eddie Kirst,P.E. Project Manager Kirst Kosmoski, Inc. 2630 Fountainview, Ste. 318 Houston,Texas 77057 To Prospective Bidders and Interested Parties This addendum forms a part of the bidding documents and will be incorporated mto 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. CONTRACT DOCUMENTS BID DATE & TIME. August 31,2006; 9:30 AM; Pearland City Hall,2nd Floor _I Conference Room SPECIFICATIONS See attached Special Provision Section SP02542—Concrete Manholes and Accessories for clarification of Corrosion Proof vs. Corrosion Resistant manhole materials. Corrosion proof manhole supplier information. - Meyer Polycrete Manholes by Local Representative. Amitech USA, LLC Marque Corporation 1-866-626-7473 Mr Peter Popkin sales@amitechusa.com 713-850-0881 popkin@msn.com 07/2006 00024- 1 of 2 CITY OF PEARLAND ADDENDUM NO.4 - Fabri-Kast® SCP Manhole Components by ( United Polymer Technology Mr Stan Burnstein 713-937-8300 sburnstem@fabricast.com END OF ADDENDUM NO 4 Sae: Zdr Eddie Kirst,P.E. Project Manager 07/2006 00024-2 of 2 CITY OF PEARLAND SPECIAL PROVISION— CONCRETE MANHOLES AND ACCESSORIES SPECIAL PROVISION Section SP02542 CONCRETE MANHOLES AND ACCESSORIES The following special provision modifies Standard Technical Specification Section 02542. Where a portion of the Standard Specification is expanded, modified, or deleted by this Special Provision, the unaltered portions of the Standard Specification remains in effect. Delete Paragraph 2.09 in its entirety and replace with the following: 2.09 CORROSION PROOF& CORROSION RESISTANT MANHOLE MATERIALS A Provide one of the following as indicated on the Plans. 1 Corrosion Proof—Precast cylindrical polymer concrete manhole sections,base sections, and cone sections by one of the following, or approved equal. a. Fabn-Kast® SCP Manhole Components by United Polymer Technology b. Meyer Polycrete Manholes by Amitech USA,LLC. 2. Corrosion Resistant—Precast cylindrical portland cement concrete manhole sections, base sections, and cone sections with one of the following factory applied internal coatings, or approved equal. a. NeoPoxyTM NPR-5300 Series "PureEpoxy"spray on epoxy liner and other required fillers/sealants per manufacturer's recommendations 1) NeoPoxy NPR-3501 high tensile elongation epoxy elastomeric gout and sealant. 2) NeoPoxy NPR-5305 trowelable epoxy filler, grout and sealant, 3) Chemical and cementitious rapid set hydraulic grouts such as Strong-Plug, Strong-Seal QSR,Quadex Hyperform and Quadex Hydro-Plug, or other equivalents pre-approved by the engineer 4) NeoPoxy P-88 ultraviolet light resistant topcoat. b. EMACO liner(contact City of Pearland Public Works Department for specific type and required thickness) c. Raven liner (contact City of Pearland Public Works Department for specific type and required thickness). END OF SPECIAL PROVISION 07/2006 SP02542- 1 of 1 CITY OF PEARLAND ADDENDUM NO. 5 Section 00025 ADDEMDUM NO. 5 Date: August 29, 2006 PROJECT State Highway 35 Trunk Sanitary Sewer- Project 2 from John Lizer Road to Industrial Drive COP PROJECT NO W42041 BID NO 2006-065 BID DATE. September 13,2006; 2:30 PM; Pearland City Hall,2nd Floor Conference Room FROM. Eddie Kirst,P.E. Project Manager Kirst Kosmoski,Inc. 2630 Fountainview, Ste. 318 Houston, Texas 77057 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. CONTRACT DOCUMENTS BID DATE &TIME: September 13,2006; 2:30 PM; Pearland City Hall,2nd Floor Conference Room END OF ADDENDUM NO 5 eltdi 2Lf- Eddie f Kirst,P.E. Project Manager 07/2006 00025- 1 of 1 CITY OF PEARLAND ADDENDUM NO 6 Section 00026 ADDEMDUM NO. 6 Date: September 8, 2006 PROJECT State Highway 35 Trunk Sanitary Sewer Project 2 from John Lizer Road to Industrial Drive COP PROJECT NO W42041 BID NO 2006-065 BID DATE. September 13,2006; 2:30 PM; Pearland City Hall,2nd Floor Conference Room FROM. Eddie Kirst,P.E. Project Manager Kirst Kosmoski, Inc. 2630 Fountainview, Ste. 318 Houston,Texas 77057 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. CONTRACT DOCUMENTS Section 00100—Invitation to Bid& Section 00200—Instructions to Bidders - The time for Bid Proposals to remain subject to acceptance as noted in Paragraph 6 of Section 00100—Invitation to Bid and Item 14 of Section 00200—Instructions to Bidders is hereby revised to ninety (90) calendar days after the opening of the bids. No bid may be withdrawn or terminated within this ninety(90)day period. Section 00300—Bid Proposal - The description for bid items 14, 18, 23, &27 are revised to indicate a maximum casing size of 12-inches larger than the nominal carrier pipe diameter A revised Bid Proposal form marked "00300rrrr"in the lower right corner is attached. 07/2006 00026- 1 of 2 1 CITY OF PEARLAND ADDENDUM NO. 6 ATTACHMENT NO 3 TO GENERAL CONDITIONS - For this Project 2,the amount of Umbrella Liability Insurance required bysection 4 4.3 q remains a limit of not less than$5,000,000 END OF ADDENDUM NO 6 Eddie Kirst,P.E. Project Manager 07/2006 00026-2 of 2 CITY OF PEARLAND BID PROPOSAL Section 00300 BID PROPOSAL Date Bid of , an individual proprietorship/a corporation organized and existing under the laws of the State of Texas/a partnership consisting of , for the construction.of: State Highway 35 Trunk Sanitary Sewer: Project 2 from John Lizer Road to Industrial Drive City of Pearland,Texas COP PN: W42041 BID NO.: 2006-065 (Submitted in Duplicate) To The Honorable Mayor and City Council of Pearland City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Pursuant to the published Invitation to 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 m or reasonably inferable from the Contract Documents for the construction of the State Highway 35 Trunk Sanitary Sewer: Project 2; from John Lizer Road to Industrial Drive with all related appurtenances, complete, tested, and operational, in accordance with the Plans, and Specifications prepared by the Engineer, Kirst Kosmoski, Inc., 2630 Fountainview, Ste. 318, Houston, Texas 77057, Eddie Kirst, P.E., under 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 bmds 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. Bidder's Initial's 07/2006 00300rrrr- 1 of 6 I CITY OF PEARLAND BID PROPOSAL 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 four hundred twenty six (426) 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. Item Spec. Estimated No. No. Bid Item Description Unit Quantity Unit Price Amount Bid BASE BID ITEMS MOVE-IN& START-UP 1 01505 Mobilization LS 1 2. 01555 Flagmen LS 1 3 01555 Traffic Control LS 1 4 02200 Clearing&Grubbing SY 57,615 5 01564 Control of Surface Water LF 15,881 6 01564 Control of Ground Water;(Dewateruig) LF 15,009 7 01560 Filter Fabric Fence LF 15,345 8 01561 Reinforced Filter Fabric Barrier LF 1,320 SUBTOTAL MOVE-IN& START-UP _ F SANITARY SEWER 9 02530 10-inch Sanitary Sewer,Open Cut 10- 12 LF 910 Foot Depth under Asphalt Road,Complete in Place 10 02530 12-inch Sanitary Sewer,Open Cut 6-8 LF 1,900 Foot Depth,Complete in Place 11 02530 12-inch Sanitary Sewer,Open Cut 8- 10 LF 1,818 Foot Depth,Complete in Place 12. 02530 12-inch Sanitary Sewer,Open Cut 10- 12 LF 740 Foot Depth,Complete in Place 13 02530 12-inch Sanitary Sewer,Open Cut 12- 14 LF 694 Foot Depth Bidder's Initial's: 07/2006 00300mr-2 of 6 CITY OF PEARLAND BID PROPOSAL Item Spec. Estimated No. No. Bid Item Description Unit Quantity Unit Price Amount Bid 14 02415 12-inch Sanitary Sewer in Augered Steel LF 229 Casing(Maximum 24-inch Casing), Complete in Place 15 02530 18-inch Sanitary Sewer; Open Cut, 14- LF 264 16 Foot Depth,Complete in Place 16. 02530 18-inch Sanitary Sewer; Open Cut, 16- LF 1,301 18 Foot Depth,Complete in Place 17 02530 18-inch Sanitary Sewer; Open Cut, 18- LF 369 20 Foot Depth,Complete in Place 18 02415 18-inch Sanitary Sewer in Augered Steel LF 56 Casing(Maximum 30-inch Casing), Complete in Place 19 02530 Apply Corrosion Resistant Liner to LS 1 Manhole on Pearland Parkway 20 02530 24-inch Sanitary Sewer;Open Cut, 12- LF 1,433 14 Foot Depth, Complete in Place 21 02530 24-inch Sanitary Sewer;Open Cut, 14- LF 1,203 16 Foot Depth, Complete in Place 22. 02530 24-inch Sanitary Sewer;Open Cut, 16- LF 387 18 Foot Depth,Complete in Place 23 02415 24-inch Sanitary Sewer in Augered Steel LF 194 Casing(Maximum 36-inch Casing), Complete in Place 24 02530 30-inch Sanitary Sewer; Open Cut, 16- LF 8 18 Foot Depth, Complete in Place 25 02530 30-inch Sanitary Sewer; Open Cut, 18- LF 3,387 20 Foot Depth,Complete in Place 26 02530 30-inch Sanitary Sewer; Open Cut,20-22 LF 237 Foot Depth,Complete in Place 27 02415 30-inch Sanitary Sewer in Augered Steel LF 751 Casing(Maximum 42-inch Casing), Complete in Place 28. 02542 4-foot Diameter Manhole,Complete in Ea 17 Place 29 02542 Extra Depth 4-foot Diameter Manhole, VF 15 ' Complete in Place 30 02542 4-foot Diameter Corrosion Resistant Ea 5 Manhole,Complete in Place 31 02542 Extra Depth 4-foot Diameter Corrosion VF 25 Resistant Manhole,Complete in Place 32. 02542 4-foot Diameter Corrosion Proof Manhole, Ea 1 Complete in Place 33 02542 Extra Depth 4-foot Diameter Corrosion VF 4 Proof Manhole,Complete in Place Bidder's Initial's. 07/2006 00300rrrr-3 of 6 CITY OF PEARLAND BID PROPOSAL Item Spec. Estimated No. No. Bid Item Description Unit Quantity Unit Price Amount Bid 34 02542 5-foot Diameter Corrosion Proof Manhole, Ea 17 Complete in Place 35 02542 Extra Depth 5-foot Diameter Corrosion VF 79 Proof Manhole,Complete in Place 36 02542 6-foot Diameter Corrosion Proof Manhole, Ea 2 Complete in Place 37 02542 Extra Depth 6-foot Diameter Corrosion VF 2 Proof Manhole,Complete in Place 38. 02542 7-foot Diameter Corrosion Proof Manhole, Ea 2 Complete in Place 39 02542 Extra Depth 7-foot Diameter Corrosion VF 24 Proof Manhole,Complete in Place 40 02542 8-foot Diameter Corrosion Proof Manhole, Ea 1 Complete in Place 41 02542 Extra Depth 8-foot Diameter Corrosion VF 5 Proof Manhole,Complete in Place 42. 02542 4-foot Diameter Extra Depth for 7-and 8- VF 20 foot Diameter Corrosion Proof Manhole, Complete in Place 43 02542 Adjust Manhole to Final Grade,Complete Ea 45 in Place 44 02531 Standard Stack(0-3-Ft),All Sizes, Ea Complete in Place 45 02531 Extra Depth Stack(>3-Ft),All Sizes, VF 6 Complete in Place 46. 02542 Internal Manhole Drop,All Sizes, Ea 2 Complete in Place 47 02542 Extra Depth Internal Manhole Drop,All VF 6 Sizes,Complete in Place 48. 02220 Abandon Existing Pearland Parkway Lift LS 1 Station Including: Removing Equipment, Plugging Wall Penetrations,Demolishing to 4-feet Below Grade,Filling with Cement Stabilized Sand,and Backfilling Remaining Hole 49 01570 Trench Safety System LF 14,845 50 02921 Hydro Mulch Seeding, Complete in Place Ac 11.9 SUBTOTAL SANITARY SEWER: SUBTOTAL BASE BID ITEMS: Bidder's Initial's: 07/2006 00300rrrr-4 of 6 CITY OF PEARLAND BID PROPOSAL Item Spec. Estimated No. No. Bid Item Description Unit Quantity Unit Price Amount Bid EXTRA ITEMS (If Approved by Engineer) 51 02318 Extra Machine Excavation to Obtain CY 191 Stable Trench or Manhole Bottom 52. 02252 Extra Cement Stabilized Sand to Obtain CY 96 Stable Trench or Manhole Bottom 53 02318 Extra Crushed Rock to Obtain Stable CY 96 Trench or Manhole Bottom 54 02530 Additional Cost for Wet Sand LF 680 Construction for Open Cut Sanitary Sewer; All Sizes,All Depths SUBTOTAL EXTRA ITEMS: TOTAL BID PRICE. Bidder's Initial's. 07/2006 00300rrrr-5 of 6 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 sixty(60) 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: Addendum No Date: Addendum No Date: _ _ Addendum No Date: Addendum No Date: Addendum No Date: Bidder hereby represents that the only person or parties interested in this offer as principals are those named 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. By. Title: Address. Phone No ATTEST (Seal, if Bidder is a Corporation) (Typed or Printed Name) Signature Date. END OF SECTION Bidder's Imtial's. 07/2006 00300rrrr-6 of 6 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 Purchasing Officer, the City of Pearland, City Hall located at 3519 Liberty Drive, Pearland, Texas 77581 until 10.30 a.m., August 30, 2006 at which time they will be publicly opened and read aloud for the construction of: State Highway 35 Trunk Sanitary Sewer: Project 2 from John Lizer Road to Industrial Drive City of Pearland,Texas COP PN: W42041 BID NO.: 2006-065 A mandatory pre-bid conference will be held at the City of Pearland City Hall at 3519 Liberty Drive,Pearland, Texas 77581 at 10:00 a.m.,August 23,2006 The project will entail, 910 linear feet of 10-inch sanitary sewer, 5,380 linear feet of 12-inch sanitary sewer, 1,990 linear feet of 18-inch sanitary sewer, 3,217 linear feet of 24-inch sanitary sewer, 4,383 linear feet of 30-inch sanitary sewer, abandonment of an existing lift station, and all necessary manholes, service reconnections, and site restoration as shown on the construction drawings prepared by Kirst Kosmoski, Inc., Eddie Kirst, P.E. The project site is located along State Highway 35 (SH 35) from Magnolia Road to south of Industrial Road, along Prancer Lane (north of Pearland High School) from SH 35 to Pearland Parkway, along future Bailey Road from the BNSF Railroad to SH 35. and along Industrial Drive East and West of SH 35, in Pearland, Brazoria County, Texas. Information and Bid Documents. Copies of Contract Documents and Technical Specifications and Plans are on file at the following locations for review- City of Pearland, City Hall (281) 652-1600 3519 Liberty Drive Pearland,Texas 77581 The Associated General Contractors of America, Inc. (713) 334-7100 2400 Augusta, Suite 180 Houston,TX 77057 Associated Builders & Contractors of Greater Houston (713) 523-6222 3910 Kirby, Suite 131 Houston,TX 77098 Dodge Reports (713) 529-4895 4101 Greenbriar, Suite 320 Houston,TX 77098 07/2006 00100- 1 of 2 CITY OF PEARLAND INVITATION TO BID Bidders may obtain a complete set of the Contract Documents, Technical Specifications and Plans from the office of the Engineer, Kirst Kosmoski, Inc., 2630 Fountainview Drive, Ste. 318, Houston, Texas 77057 upon request and payment of a plan fee in the amount of one hundred dollars($100.00)per set. The plan fee will NOT be refunded. No bid may be withdrawn or terminated for a period of sixty (60) 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 m 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 determiningto whom to award a contract, the Cityof 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 Pearland 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 price. Gordon Island Purchasing Officer (date) 07/2006 00100-2 of 2 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 m the Invitation to Bid may be obtained from the Engineer 2.2 Complete sets of Bidding Documents must be used in preparing Bid Proposals; = C 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 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 07/2006 00200-1 of 7 1 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 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. 4.2 Any reports of explorations and tests of conditions at the site which have been utilized by the Engineer in preparation of the Contract Documents will be made available to Bidders for review, but 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. 4.3 Information and data reflected in the Contract Documents with respect to underground utilities, equipment or other -underground facilities at or — contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such underground facilities or others, and Owner —` does not assume responsibility for the accuracy or completeness thereof. 4 4 Before submitting a Bid Proposal, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, —t 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. 07/2006 00200-2 of 7 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. 46 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. 47 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 51 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 Proposal's 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 accompamed 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 of 7 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 7 r_M1 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 m 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 Cshall 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 contamed 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 sixty (60) 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 Cimproperly 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 m 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 t 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 pnor 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 of 7 ` i i 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. 1.5 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 C, 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 _C 07/2006 00200-7 of 7 . CITY OF PEARLAND BID PROPOSAL Section 00300 BID PROPOSAL Date q//.3 O 4. Bid of 3&t1-C w i cp. Crpn(S evcrimi / L1 , an individual prop.- _ _ ip/a co oration organized and existing under the laws of the State of Texas/ . ., '. consisting ofBRh/ Co^t ire cyi,(G, L C. , for the construction of: ` State Highway 35 Trunk Sanitary Sewer- Project 2 from John Lizer Road to Industrial Drive City of Pearland,Texas COP PN: W42041 BID NO . 2006-065 (Submitted in Duplicate) To The Honorable Mayor and City Council of Pearland City of Pearland 3519 Liberty Drive Pearland,Texas 77581 Pursuant to the published Invitation to 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 State Highway 35 Trunk Sanitary Sewer Project 2, from John Lizer Road to Industrial Drive with all related appurtenances, complete, tested, and operational, in accordance with the Plans, and Specifications prepared by the Engineer, Kirst Kosmoski, Inc , 2630 Fountainview, Ste 318, Houston, Texas 77057, Eddie Kirst, P E., under 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 r-- 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. r, t_ 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 Bidder's Initial's AY 07/2006 "�" ti CITY OF PEARLAND BID PROPOSAL 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 four hundred twenty six (426) 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. Item Spec. Estimated No. No. Bid Item Description Unit Quantity Unit Price Amount Bid BASE BID ITEMS MOVE-IN &START-UP 1 01505 Mobilization LS I I 1 S,006 11 Si 000 N, 2. 01555 Flagmen LS 1 66.000 boy 00c7 3 01555 Traffic Control LS 1 7S,000 75, oob `'° _reereef 4 02200 Clearing& Grubbing SY 57,6150.01 f 5 01564 Control of Surface Water LF 15,881 0.01 15-o.ol 6. 01564 Control of Ground Water;(Dewatering) LF 15,009 C, 0 .0( SC).09 7 01560 Filter Fabric Fence LF 15,345 S' 3�S 8 01561 Reinforced Filter Fabric Barrier LF 1,320 13c) ,t,7 I b SUBTOTAL MOVE-IN&START-UP ' .71'}.Ifv.oS' RIB 31719y�.c�S' SANITARY SEWER I' 9 02530 10-inch Sanitary Sewer, Open Cut 10- 12 LF 910 Foot Depth under Asphalt Road, Complete l l3 1021830. in Place 10 02530 12-inch Sanitary Sewer, Open Cut 6 - 8 LF 1,900 Foot Depth, Complete in Place 38 '72,2Od 1 1 02530 12-inch Sanitary Sewer, Open Cut 8 - 10 LF 1,818 3 0'Sy Foot Depth, Complete in Place 12. 02530 12-inch Sanitary Sewer, Open Cut 10 - 12 LF 740 g 28 i 20 Foot Depth, Complete in Place 13 02530 12-inch Sanitary Sewer, Open Cut 12 - 14 LF 694 2� j Foot Depth Bidder's Initial's.t, a 07/2006 00300rrrr-2 of 6 `, —' ' CITY OF PEARLAND BID PROPOSAL Item Spec. Estimated No. No. Bid Item Description Unit Quantity Unit Price Amount Bid <- 14 02415 12-inch Sanitary Sewer in Augered Steel LF 229 Casing(Maximum 24-inch Casing), 9Z0 961180 -- Complete in Place 15 02530 18-inch Sanitary Sewer; Open Cut, 14- LF 264 c c 2‘, 13 ro j , 16 Foot Depth, Complete in Place 1 16 02530 18-inch Sanitary Sewer; Open Cut, 16- LF 1,301 18 Foot Depth, Complete in Place 9 !2/ 794 _ i 17 02530 18-inch Sanitary Sewer; Open Cut, 18 - LF 369 C7Cl �� 53 20 Foot Depth, Complete in Place i r- 18 02415 18-inch Sanitary Sewer in Augered Steel LF 56 Casing (Maximum 30-inch Casing); al0O � yOp - Complete in Place • 19 02530 Apply Corrosion Resistant Liner to LS 1 Manhole on Pearland Parkway 3i 500 3,Spy 20 02530 24-inch Sanitary Sewer; Open Cut, 12 - LF 1,433 �-� 53331 14 Foot Depth, Complete in Place , _ 21 02530 24-inch Sanitary Sewer; Open Cut, 14- LF 1,203 �7 28 7Z t 16 Foot Depth, Complete in Place 22. 02530 24-inch Sanitary Sewer; Open Cut, 16- LF 387 18 Foot Depth, Complete in Place 1 O'1 4(, yt _ 23 02415 24-inch Sanitary Sewer in Augered Steel LF 194 r Casing (Maximum 36-inch Casing), Complete in Place ) �� I�' 'too 24 02530 30-inch Sanitary Sewer; Open Cut, 16- LF 81 S,7 I O� 18 Foot Depth, Complete in Place 25 02530 30-inch Sanitary Sewer; Open Cut, 18 - LF 3,387 - 20 Foot Depth, Complete in Place 37 yrDy,old 26 02530 30-inch Sanitary Sewer; Open Cut, 20-22 LF 237 i 37 32.`�� Foot Depth, Complete in Place 27 02415 30-inch Sanitary Sewer in Augered Steel LF 751 Casing (Maximum 42-inch Casing), I i (00 (84/ )OO Complete in Place 28. 02542 4-foot Diameter Manhole, Complete in Ea 17 3i�Z S1 000 Place i 29 02542 Extra Depth 4-foot Diameter Manhole, VF 15 Complete in Place 10 2126O 30 02542 4-foot Diameter Corrosion Resistant Ea 5 3,9QD 1ctr , Manhole, Complete in Place 31 02542 Extra Depth 4-foot Diameter Corrosion VF 25 2,00 S, 0°° Resistant Manhole,Complete in Place 32 02542 4-foot Diameter Corrosion Proof Manhole, Ea 1 9000 0O0 Complete in Place / 33 02542 Extra Depth 4-foot Diameter Corrosion VF 4 �ZC� Proof Manhole Complete in Place ‘,.__ Bidder's Initial's Pg 07/2006 00300rrrr-3 of 6 4, CITY OF PEARLAND BID PROPOSAL Item Spec. Estimated No. No. Bid Item Description Unit Quantity Unit Price Amount Bid 34 02542 5-foot Diameter Corrosion Proof Manhole, Ea 17 , Complete in Place LI 1000 23�iOob 35 02542 Extra Depth 5-foot Diameter Corrosion VF 79 �� Proof Manhole, Complete in Place 36 02542 6-foot Diameter Corrosion Proof Manhole, Ea 2 Z3 000 4G��o Complete in Place 37 02542 Extra Depth 6-foot Diameter Corrosion VF 2 So I Proof Manhole, Complete in Place 38 02542 7-foot Diameter Corrosion Proof Manhole, Ea 2 Complete in Place 29 y�� 39 02542 Extra Depth 7-foot Diameter Corrosion VF 24 , Proof Manhole, Complete in Place t 920 40 02542 8-foot Diameter Corrosion Proof Manhole, Ea 1 Complete in Place 2-Sj COO ZSi o00 41 02542 Extra Depth 8-foot Diameter Corrosion VF 5 �0 y00 Proof Manhole, Complete in Place 42 02542 4-foot Diameter Extra Depth for 7- and 8- VF 20 foot Diameter Corrosion Proof Manhole, 8o 020D Complete in Place , 43 02542 Adjust Manhole to Final Grade, Complete Ea 45 1 in Place O.0► 0'1S. C_ 44 02531 Standard Stack(0-3-Ft), All Sizes, Ea 1 Complete in Place -130 736 45 02531 Extra Depth Stack(>3-Ft), All Sizes, VF 6 3 I Complete in Place 46 02542 Internal Manhole Drop, All Sizes, Ea 2 Complete in Place 2, l20 9,2`{O 47 02542 Extra Depth Internal Manhole Drop, All VF 6 1 U 6o Sizes.Complete in Place 48. 02220 Abandon Existing Pearland Parkway Lift LS 1 Station Including: Removing Equipment, Plugging Wall Penetrations, Demolishing Hi ZOO 1/,Zoo to 4-feet Below Grade, Filling with Cement Stabilized Sand, and Backfilling Remaining Hole ti 49 01570 Trench Safety System LF 14,845 )`i$ ySid 50 02921 Hydro Mulch Seeding, Complete in Place Ac 11 9 1, (o© I3,o90 SUBTOTAL SANITARY SEWER. ,l'�ro,`129-9° , SUBTOTAL BASE BID ITEMS: 3,Z081375.15 ,-- j , C Bidder's Initial's P§k 07/2006 00300rrrr-4 of 6 ' f — a CITY OF PEARLAND BID PROPOSAL Item Spec. Estimated No. No. Bid Item Description Unit Quantity Unit Price Amount Bid EXTRA ITEMS (If Approved by Engineer) 51 02318 Extra Machine Excavation to Obtain CY 191 Stable Trench or Manhole Bottom Z 3e2 52 02252 Extra Cement Stabilized Sand to Obtain CY 96 Stable Trench or Manhole Bottom 2 1 i 2 53 02318 Extra Crushed Rock to Obtain Stable CY 96 Trench or Manhole Bottom 2. 1 _I 2 54 02530 Additional Cost for Wet Sand LF 680 Construction for Open Cut Sanitary Sewer; Z , '3(eO All Sizes, All Depths SUBTOTAL EXTRA ITEMS: Z, '2 _oo. TOTAL BID PRICE: 3 2)0 5o1 .°t� r 1 � Bidder's Initial's. Pa 07/2006 00300rrrr-5 of 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 sixty (60) 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 45'aS-b(o Addendum No k4 Date IS' ,C5(p ' Addendum No �j Date• 'a�-b le Addendum No - Date ; •.-c.5 p Addendum No 3 Date. ��'4t, Addendum No (p 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: B - f • lu )1..P. By. 1► 1 . 1 eec, Title. \J L f c€ i (t€n Address. rk.bb Fe)&it A-1 5;* 1-6A5}-on i I Y-1710Le 1 Phone No ` 1'7,ct AN-act to.-Mt55 24,-T-TEsT, 1\i i a 'E\ (Seal, if Bidder is a Corporation) (T ed or Printed ame I 11 Signature Date: q'� j'Up (_. END OF SECTION Bidder's Initial's ?1Q-R.-- 07/2006 003 00rrrr-(,of(. THE AMERICAN INSTITUTE OF ARCHITECTS Houstoun,Woodard,Eason,Gentle,Tomforde, l.� ; and Anderson,Inc.dba Insurance Alliance 1776 Yorktown,Suite 200 Houston,Texas 77065 AIA Document A310 TDI License#1381 FEIN#760362043 Bid Bond KNOW ALL MEN BY THESE PRESENTS,that we BRH-Garver Construction, LP as Principal, hereinafter called the Principal, and Hartford Fire Insurance Company a corporation duly organized under the laws of the State of Connecticut as Surety, hereinafter called the Surety, are held and firmly bound unto City of Pearland,TX as Obligee, hereinafter called the Obligee, in the sum of five percent(5%) of amount bid Dollars ($5%A.B.), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for State Highway 35 Trunk Sanitary Sewer Project 2 NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 30th day of August,2006 c_ BRH-Garver Construction, L.P (Seal) (Witness) Oh•i ,4g+ed (Title) vice Hartford Fire Insurance Company uretY) (Seal) '� ft( AI / ichael Cole Attorney-in-Fact Sharons � Cavanau ( ine AIA DOCUMENT A310•BID BOND•AIA®•FEBRUARY 1970 ED•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y AVE. N.W.,WASHINGTON,D.C.20006 1 Direct Inquiries/Claims to: POWER OF ATTORNEY THE BOND,HARTFORD _ 690 ASYLUM AVENUE HARTFORD,CONNECTICUT 06115 I call:888-266-3488 or fax. 860-757-5835 ,' C„W ALL PERSONS BY THESE PRESENTS THAT Agency Code: 61-600074&46-505987 X Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut 1 X Hartford Casualty Insurance Company,a corporation duly organized under the laws of the State of Indiana X Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company,a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company,a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois,a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest,a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast,a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the"Companies")do hereby make, constitute and appoint, up to the amount of unlimited: Donald E. Woodard, Jr., Harlan J Berger,Andrew J.Janda, C. W Adams, Sue Kohler, Leland L. Rauch, Sharon Cavanaugh, Cheryl R. Colson, Michael Cole,JoAnn Parker of _ Houston, TX their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies)only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof,on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies , have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed,duly attested by its Assistant Secretary Further, pursuant to Resolution of the Board of Directors of the Companies,the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney Q . 1. • 41 It. tg..,•,.._.. t9\ Vet; YA;I.*, • •*,ikons, *Jimmie. a,. ., : , �,�+ 7 Paul A.Bergenholtz,Assistant Secretary,Cti °t f)-'2'‘?"9/ f David� T Akers,Assistant Vice President STATE OF CONNECTICUT ss. Hartford , COUNTY OF HARTFORD ))) On this 4th day of August, 2004, before me personally came David T Akers,to me known,who being by me duly sworn, did depose and _, say-that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument;that he knows the seals of the said corporations;that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority /� /� _ , �,° a'vr+wr , J /'/ + *tom * Scott E.Paseka Notary Public , CERTIFICATE My Commission Expires October 31,2007 I,the undersigned,Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is still in full force effective as of August 30, 2006 Signed and sealed at the City of Hartford. Iyi 48, .006:74.0,\ _ tl�t l tlltes+d. c21,�, a` p p ,,, w:Opo�w, ,n .f. ►:GGto.r E.r41^ .i "," _ 14✓DRt7.0 =y,�7••••\:ry 3iov.... +»'� `.,�-.a��SL �- y{{��aa.� �'I`i987 ~ • �e fO �f �""- •~�°{�� 3�Gtu� Rn; 3 4e1►d 1,--, t !:-1% 11! ?7,,;n • A' leo 1tiri t 9 i c I * sac, 11. k \4,05 .,_.4. < Ip, e,. ; '$/ s OOO t 8 7 s s� 33 I879 _ • ti'u 1s •., �!WwH?� �A�A0.ip • y' yWi+91 0,of h0,416 `ty'n,+tpm„ j ___. _ __ ,70/54i, , , Gary W Stumper,Assistant Vice President POA 2004 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 BRH-Garver Construction,L.P. (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: State Highway 35 Trunk Sanitary Sewer: Project 2 from John Lizer Road to Industrial Drive City of Pearland, Texas COP PN• W42041 BID NO.: 2006-065 Article 2. ENGINEER 7- The Work has been designed by Kirst Kosmoski, Inc., 2630 Fountamview, Ste. 318, Houston, Texas 77057, Eddie Kirst,P.E., who is hereinafter called ENGINEER and who is to assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3 CONTRACT TIME 3 1 The Work will be Substantially Complete (as defined in Article 1 of the General Conditions) within four hundred twenty six (426) 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 four hundred forty (440) days from the date when the Contract Time commences to run. No work will be allowed on Sundays. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3 1 above, plus any extensions thereof allowed in accordance with Article 5 of the General Conditions. OWNER and CONTRACTOR also recogmze 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 07/2006 00500_IFC- 1 of 7 r A CITY OF PEARLAND STANDARD FORM OF AGREEMENT dollars ($500 00) for each day that expires after the time specified m 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 m 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 41 OWNER shall pay CONTRACTOR for completion of the Work in stnct accordance with the Contract Documents in current funds$3,210,501.95 (the "Contract Price"). The Contract Price includes the Base Bid as shown in Document 00300rrrr— Bid Proposal. Article 5 PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Section 6 0 "Measurement and Payment" of the General Conditions. Application for Payment will be processed by ENGINEER as provided in the General Conditions. 5 1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER as provided below All progress payments will be on the basis of the progress of the Work and actual quantity of Work completed, in accordance with Article 6 "Measurement and Payment"of the General Conditions. 5 1 1 Prior to Substantial Completion, progress payments will be made in an _ amount equal to the percentage or actual quantity of Work complete, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in _a accordance with the General Conditions. The OWNER shall make payment within 30 days of receipt of application for payment by the ENGINEER. 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 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 07/2006 00500_IFC-2 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT wntten recommendation of the ENGINEER pay a reasonable and equitable L portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR at the OWNER's option, may be relieved of the obligation to fully complete the Work and, thereupon, the CONTRACTOR shall receive payment,of the balance due him under the contract subject only to the conditions stated under"Final Payment." 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 r Article 6 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 CONTRACTOR has famihanzed himself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. 7.2 CONTRACTOR has studied carefully all available surveys, assessments, reports of explorations, investigations, and tests of subsurface conditions and drawmgs of physical conditions of the site. Such technical reports and drawings are not Contract Documents, and Owner makes no representations or warranties as to the accuracy of such documents or information, or to whether or not they are complete, comprehensive, or all-inclusive. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraphs 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work ,and CONTRACTOR assumes the risk of such subsurface and physical conditions, and shall furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, } investigations, explorations, tests,reports, and studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7 4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract documents with respect to existing underground facilities 07/2006 00500 IFC-3 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT 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 Pnce, within the Contract Time and in accordance with the other terns and conditions of the Contract Documents. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests,reports, and studies with the terms and conditions of the Contract Documents. 7 6 CONTRACTOR has given ENGINEER wntten 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 Pnce, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including any wntten resolution of any such conflict, error or discrepancy by ENGINEER. Article 8 CONTRACT DOCUMENTS The Contract Documents, which compnse the entire agreement between OWNER and ,- CONTRACTOR concerning the Work, consist of the following, each of which are incorporated herein by reference: 8 1 Standard Fonn of Agreement(Section 00500). 8.2 Performance, Payment, and/or Maintenance Bonds (Sections 00610, 00611, and 00612). 8.3 General Conditions of Agreement (Section 00700), including Attachment No 1 Workers' Compensation Insurance Coverage, Attachment No 2 Agreement for Final Payment and Contractor's Sworn Release, and Attachment No 3 Owner's Insurance Requirements of Contractor '^� 8 4 Special Conditions of Agreement(Section 00800). 8.5 Plans, consisting of sheets numbered 1 through 6 and 10 through 40 inclusive with attachments with each sheet beanng the following general title: State Highway 35 Trunk Sanitary Sewer,Pearland, Texas. 8.6 Instructions to Bidders and CONTRACTOR's Bid Proposal, including any Addenda referenced therein. 8 7 Technical Specifications for the Work. 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. 07/2006 00500 IFC-4 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT 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 nghts 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 m 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 Pearland, and all applicable laws, codes and regulations of governmental authorities. 9 6 In the event any notice period required under the Contract Documents is found to be shorter than any mimmum period prescribed by applicable law, the notice period required shall be construed to be the minimum period prescribed by applicable law 9 7 This Contract and the Contract Documents, insofar as they relate in any part or in any way to the Work undertaken therein, constitute the entire agreement between the parties hereto, and it is expressly understood and agreed that there are no agreements or promises by and between said parties, except as aforesaid, and that any additions thereto or changes shall be in writing. 9 8 The provisions of this Contract shall be applied and interpreted in a manner consistent with each other so as to carry out the purposes and the intent of the parties, but if for any reason any provision is unenforceable or invalid, such provisions shall be deemed severed from this Contract and the remaining 07/2006 00500 IFC-5 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT provisions shall be camed 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 andfif 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 wntmg 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. C �I C_. 07/2006 00500 IFC-6 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT IN WITNESS WHEREOF, OWNER 'and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and one to CONTRACTOR. This Agreement will be effective upon execution and attestation by authonzed representatives of the City of Pearland and upon the following date: (U uy r y q , 20 O'. OWNER. CO TRACTOR. /� CITY OF PE ,l�--Gf}��[� LO 1(z ucn A4 By. By Title: 7-1, 5e` Title: V c& P ld�QT Date: .%1,/9 / Or),. Date: DECi 6.6-4- f ZOOS (Co orate Seal) ATTEST ATTEST e Address giving tices Address for giving notices S5 I q Li bev-h j 6 r 7600 5. s4,1z4- Pear 1a.vtd , Tx• T75 &71 #/-( 67 11-6 570w, Ty 77069( Phone: Z'I (v5 Z- 1 Go G 3 Phone: 7(3/9?J- 2929 Fax. 2 T1 (057-- 11 19 Fax. 7/ /7ZI- Zy97 tpeeaoveuiag Agent for service of process. S441 4 °• 'r • m p1,,pw 6000e,, ,p6AE a IV;§010"' END OF SECTION 07/2006 00500_IFC-7 of 7 1� f CITY OF P.Fr1RLAND PERFORMANCE BOND 1 Section 00610 Bond No, .46BCSDG6044 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS That BRH,-GARVER CONSTRUCTION,L,P of the City 1Y of HOUSTON , County of HARRIS , and State of Texas, as principal, and HARTFORD FIRE TNSTTRANC'F C'oMPANY 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$ 3,210,501..9 ST- -•_..-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. WHE.RRAS, the Principal has entered into a certain written contract with the Owner, effective as of the _ day of , 20 (the "Contract") to commence and complete the construction of certain improvements described as follows. State Highway 35 Trunk Sanitary Sewer- Project 2 from John Lizer Road to Indublr ixl Drive City of Pearland,Texas COP PN. W42041 BID NO.: 2006-065 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 taithfully perform said Contract Work auiil shall in all respects duly and faithfully observe and perform all and singular the covenants. conditions, and agreements in and by said Contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and Contract Documents, then this obligation shall be void, otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. ,i Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the Work performed thereunder, or the plans, 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 C. to the terms of the Contract,or to the Work to be performed thereunder 07/2006 00610- 1 of 2 CITY OF PGARLAND PERFORMANCE BOND 1 IN WITNESS WHEREOF, the said Principal and Surety .have signed and sealed this instrument .I this 22 day of (6.1►1 1:2.. ,20 OG. Principal. Surety- BRH-GARVER CONSTRUCTION, L P. HAR •,i FIRE ' N`URANCE COMPANY I .1111111111rr Ekt. By" By _ Jo Ann Parker #1 38909 1 Title. \IlC& RL5l ►ille. Attorne -in-Fact Address- ddress• 7600 S. Santa Fe, Bldg A-i East P.O. Box 130927 Houston, Texas 77061 Dallas, Texas 75313-0927 Telephone 713/921-2929 Telephone. 972/807-4671 1'aX. 713/921-2487 Fax 972/807-4676 /' NOTICE: THE ADDRESS OF TEE SURETY COMPANY TO WHICH ANY NOTICE ICE 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. I END OF SECTION I HOUSTOUN,WOODARD, TOMFORDE,AND ANDERSON, INC GENTLE, qba Insurance Alliance 1776 Yorktown,Suite 200 Houston,Texas 7 7066-41 1 4 TDl License.#1381 FEIN#76O362043 { I I 07/2006 00610-2 of 2 I CITY OF PEARLAND PAYMENT BOND Section 00611 Bond No. 46BCSDG6044 PAYMENT BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS That BRH-GARNER CONSTRUCTION, +'1of the City of HOUSTON , County of HARRTS , and State of Texas. as principal, and HARTFORD FIRE INSURANCE 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$ 3,210,501 95 for the payment whereof, the said Pnncipal 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 ccctaui written contract with the Owner, effective as of the day of , 20_, (the "Contract") to commence and complete the construction of certain improvements described as follows- , State Highway 35 Trunk Sanitary Sewer- Project 2 from John Lizex Road to Industrial Drive City of Pearland, Texas COP PN: W42041 BID NO.: 2006-065 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 copiers at length herein. s— NOW THEREFORE, TT-IF CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor or material to ham or a subcontractor in the prosecution of the Work provided for in said Contract, then, this obligation shall be void; MMI otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 7.253 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 07/2006 00611 - I of 2 CITY OF 1'E:AR,LAND PAYMENT BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument I this Z Z day of ►bec ervt( G(2 , 20 d.. Principal: Surety- r BRH-GARVE ON,STRUCTIONt L.P. H; ;. ?', � , ;:►� •u •e► By. B, p ,,, Jo Ann Parker #1!38909 I Title. V(G& t5/1 /per itle: Attorne -in-Fact Address: Address I 7600 S Santa Fe, Bldg , A-1 East P.O Box 130927 1 Houston, Texas 77061 Dallas, Texas 75313-0927 Telephone. 713/921-2929 Telephone 972/807-4671 1 713/921-2487 Fax 972/807-4676 Fax: 1 C. NOTICE:THE ADDRESS OF THE SURETY COMPANY TO WHICI1 ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS - DEPARTMENT OF INSTURANCF,R Y CAT ICING ITS TOIL-FREE TELEPHONE NUMBER; 1-800-252-3439. s ' END OF SECTION HOUSTOUN,WOODARD,EASON,GENTLE, TOMFORDE,AND ANDERSON,INC I I Oa Insurance Alliance 1776 Yorktown,Suite 200 Houston,Texas 77056-4114 TD1 License#1381 FEIN#760362043 f 07/2006 00611 -2 of 2 _ CITY OF PEARLAND ONE-YEAR MAINTENANCE BOND Section 00612 Bond No 46BCSDG6044 �^l ONE-YEAR MAINTENANCE BOND STATE OF TEXAS § COUNTY OF BRAZORIA § ry 1•— , KNOW ALL MEN BY THESE PRESENTS That BRH-GARNER CONSTRUCTION, L•gf the City of HOUSTON , County of HARRIS , and State of Texas, as principal, and HARTFORD F IRE INSURANCE 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$ 3 ,210,501 95 • for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and aaaigcis,juu.illy dud severally,by these presents WHEREAS,WHEREAS, the Princlpol hos entered into a r.ertain written contract with the Owner, effective ac of the day of , 20 , (the "Contract") to commence and complete the construction of certain improvements described as follows State Highway 35 Trunk Sanitary Sewer Project 2 from John,Lizer goad to Industrial Drive City of Pearland,Tcxas COP PN. W4204 t BID NO. 2006-065 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 I Pnncipal shall faithfully correct all such work not in accordance with the Contract Documents * discovered within the one-year period from the date of substantial completion, then this obligation shall be void,.otherwise to remain in full force and effect, PROVTOF.D, HOWFVFR, 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 1 _ 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 he performed thereunder I J�. 07/2006 00612- 1 of 2 I I CM'OFPEARL.AND ONE-YEAR MAINTENANCE BOND IN WITNESS WIWREOF, the said Principal and Surety have signed and sealed th,i.c tnctriiment this ZZ day of aGai B ,200( Principal. Surety BRH-GARVER CONSTRUCTION, L P HA r •RD FIRE IN'CE COMPANY By: i? By. Jo Ann Parker - 1238909 Title Vice (-KESJbE/4T 'itle: Attorney-in-Fact Address. ' ddre 1 7600 S. Santa Fe, Bldg. A-i East P.O. Box 130927 Houston, Texas 77061 Dallas, Texas 75313-0927 Tcicphonc: _ 713/921-2929 Tcicphonc• 972-807-4671 I 713/921-2487 . 972/807-4676Fax Fax i � I NOTICE: THE ADDRESS OF THE SURETY COMYANX 1'0 WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL-FREE TELEPHONE NUMBER; I-800-252-3439. END OF SECTION HOUSTOUN,WOODARD, EASON,GENTLE, TOMFORDE,AND ANDERSON,INC. dba Insurance Alliance 1776 Yorktown,Suite 200 Houston,Texas 77056-4114 TDI License#1381 FEIN#760362043 I 1 07/2006 00612-2 of 2 CITY OF FEARL4ND ONE-YF,AR SURFACE CORRECTION BOND Section 00613 Bond No. .46BCSDG6044 ONE-YEAR SURFACE CORRECTION BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS That B .^CARVER CONSTRUCTION, L�gf the City of HOUSTON County of HARRIS , and State of Texas, as principal, and HARTFORD FIRE INSURANCE 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$ 128,420.08 r; the total being equal to tour 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 assigns, jointly and severally,by these presents -- WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of , 200 , to commence and complete the construction of certain improvements described as follows State Highway 35 Trunk Sanitary Sewer Project 2 from John Lizer Road to Industrial Drive C. City of Pearland, Texas COP PN• W42041 BID NO.: 2006-065 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 i..f the said Pnncipal shall repair, replace, restore, and correct surface work associated with construction operations located within the City of Pearland rights-of-way determined not m accurd.anec with, the Contract Documents or City of Pearland Standard requirements discovered within one year from the date of iubotantial 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 orpermitted hereunder shall be in writingand shall be deemed delivered when q i 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 wiittcii notice to the sending Ply i I 07(2006 00613-1 of 2 CITYOFPEARGAND ONE-YEAH SURFACE CORRECTION BOND IN WITNESS WHEREOF, tl►c said Principal and Surety have signed and sealed this instrument 1 this 2z day of r) w4i e - ,20 a Principal. Surety BRH-GARVER CONSTRUCTION, L P. HART 4RD FIRE N JRANtE COMPANY VIEW By. • By �t Vic Jo Ann Parker # 38909 Title: Vic 6 R' •i 1 .6%-l7 ride. Attorney-in-Fact , Address. ddres.: 7600 S Santa Fe, Bldg. A-1 East P.O. Box 130927 Houston, Texas 77061 Dallas, Texas 75313-0927 Telephone: 713/921-2929 Telephone' 972/807-4671 Fax. 713/921-2487 Fax 972/807-4676 r r 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; I-800-252-3439. END OF SECTION � 4 a i ' HOUSTOUN,WOODARD, EASON,GENTLE, TOMFORDE,AND ANDERSON, INC dba Insurance Alliance 1776 Yorktown,Suite 200 Houston,Texas 77056-4114 TD1 License#1381 FEIN#760362043 ie 07/2006 00613-2 of 2 Direct Inquiries/Claims to: - POWER OF ATTORNEY THE HARTFORD BOND,T-4 690 ASYLUM AVENUE HARTFORD,CONNECTICUT 06115 call:888-266-3488 or fax. 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT Agency Code: 61-600074&.46-505987 X Hartford Fire Insurance Company,a corporation duly organized under the laws of the State of Connecticut X Hartford Casualty Insurance Company,a corporation duly organized under the laws of the State of Indiana F—1 Hartford Accident and Indemnity Company,a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana FT Hartford Insurance Company of the Southeast,a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the"Companies")do hereby make, constitute and appoint, - up to the amount of unlimited: Donald E. Woodard, Jr., Harlan J Berger,Andrew J Janda, C. W Adams, Sue Kohler, Leland L. Rauch, Sharon Cavanaugh, Cheryl R. Colson, Michael Cole, JoAnn Parker of Houston, TX their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds-and undertakings required or permitted in any actions or proceedings allowed by law In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant - Secretary Further,pursuant to Resolution of the Board of Directors of the Companies,the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney �ytYIrk, Ja uf;\ a�it^srye �tcrc��a ,7477;, p .••►•M} M /i,'\ `�'4eeo.rear��r s 19a t `' gA+nor+r a'` 140041>c••= ow**RA� Eo � e , S g 1. 4,a o•.yx99,cc,." a •bNi • �� 'i • i, t� x • \4' y,!1s'r 10 qr v�'gI949 Paul A.Bergenholtz,Assistant Secretary David T Akers,Assistant Vice President r STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this 4th day of August, 2004, before me personally came David T Akers,to me known,who being by me duly sworn, did depose and say that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority G9.w ry//) 4cG- 'Lo " Scott E.Paseka Notary Public CERTIFICATE My Commission Expires October 31 2007 I,the undersigned,Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct - copy of the Power of Attorney executed by said Companies,which is still in full force effective as of Signed and sealed at the City of Hartford. _ 4 '/l 1� t1Epn.",�. tPs y 6 C(CO4 : QO&oq+� T", ,boy •. q aa.re.r F t 9 0 7'404. �,,.y'"4r4V1 147 epuoaar a3'aev 'otw}ea, Gn'n � Mi r,xgB,vc, • 4.704 iwf t • g t_ 'of a•t y��+,g Fi'fs`�o' a� +wn �qs y,�yt,�9 7. os '"''�•' A�� 9,:•'Ptn•• ,` 1• ,;„ o AO�b • kad47;M°,iw pt `a„sa %4 if011 Gary W Stumper,Assistant Vice President POA 2004 IMPORTANT NOTICE TEXAS DIVIDEND PROVISION You will be entitled to participate in a distribution of our surplus, as determined by our Board of Directors from time to time, after approval in accordance with the provisions of the Texas Insurance Code, of 1951, as amended Form F-XXXX-O Printed in U S.A. THE HARTFORD Inquiries Regarding Claims Hartford Fire Insurance Company Twin City Insurance Company Hartford Casualty Insurance Company Hartford Insurance Company of Illinois Hartford Accident and Indemnity Company Hartford insurance Company of the Midwest Hartford Underwriters Insurance Company Hartford Insurance Company of the Southeast Please address inquiries regarding Claims for all surety and fidelity products issued by The Hartford's underwriting companies to the following: Phone Number 888-266-3488 Fax- Claims 860-757-5835 or 860-547-8265 E-mail claims@lstepsurety.com Mailing Address The Hartford The Hartford Fidelity&Bonding (BOND) Hartford Plaza 690 Asylum Avenue Hartford, CT 06115 ' OP ID RE DATE(MM/DD/YYYY) ACORD CERTIFICATE OF LIABILITY INSURANCE BRHGA-2 12/20/06 — PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE _ Th Insurance Alliance HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 1776 Yorktown, #200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW L 'Houston TX 77056 Phone 713-966-1776 Fax 713-966-1700 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Valley Forge Insurance Company 20508 INSURER B: Transcontinental Insurance Co 20486 BRH-Garver Construction L.P INSURERC: Interstate Fire & Casualty 22829 7600 S Santa Fe, Bldg Al East INSURER D: Nat'l Fire Ins Co of Hartford ' 20478 Houston TX 77061 INSURER E: Travelers Lloyds Company 41262 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 MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH __, POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY NUMBER DATEY EFFECTIVE POLICY EXPIRATION LIMITS LTR INSRD TYPE OF INSURANCE (MM/DD/YY) DATE(MM/DDM') GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X COMMERCIAL GENERAL LIABILITY 2078418861 UAMA,b I U KtN I MD 08/17/06 08/17/07 PREMISES(Eaoccurence) $50000 CLAIMS MADE X OCCUR MED EXP(Any one person) $5000 PERSONAL&ADV INJURY $ 1000000 GENERAL AGGREGATE $2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS COMP/OP AGG $2000000 TT IX I PRO- POLICY LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT B X ANY AUTO 2078418875 08/17/06 08/17/07 (Ea accident) $ 1000000 ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ HIRED AUTOS BODILY INJURY $ 1 NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY' AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 10000000 C X I OCCUR CLAIMS MADE PFX1000154 08/17/06 08/17/07 AGGREGATE $ 10000000 1 $ DEDUCTIBLE $ X RETENTION $10000 $ WORKERS COMPENSATION AND X TO YSTA LIMITS ER D EMPLOYERS'LIABILITY 2078418889 08/17/06 08/17/07 E.L.EACH ACCIDENT $ 1000000 ANY PROPRIETOR/PARTNER/EXECUTIVE ` ' OFFICER/MEMBER EXCLUDED? E.L.DISEASE EA EMPLOYEE $ 1000000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE POLICY LIMIT $ 1000000 OTHER 1 E Equipment QT6605331C292 08/17/06 -08/17/07 Owned 1309000 Leased/Re 550000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re State Highway 35 Trunk Sanitary Sewer, Project 2 Additional ' Insured (except WC) and Waiver of Subrogation applicable to all policies in _ , favor of City of Pearland as required by written contract This insurance shall be primary to any other insurance available to City of Pearland CERTIFICATE HOLDER CANCELLATION wNon-Renewed or Materially Changed PEARL03 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION { DATE THEREOF,THE ISSUING INSURER WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT City of Pearland xWA P O Box 2066 �""'"`"' Pearland TX 77588-2068 AUTHORIZED REPRESENT T`VVE/ -6': ACORD 25(2001/08) ©A RiORPORATION 1988 • IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) 18652-G42 CNA G.(Ed.01/05) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' GENERAL LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Coverage afforded under this extension of coverage This insurance does not apply to 'bodily ( endorsement does not apply to any person or organization injury,' 'property damage' or 'personal and covered as an additional insured on any other advertising injury' arising out of operations endorsement now or hereafter attached to this Coverage performed for the state or municipality Part. b. Controlling Interest 1. MISCELLANEOUS ADDITIONAL INSUREDS Any persons or organizations with a WHO IS AN INSURED (Section II) Is amended to controlling interest in you but only with respect include as an insured any person or organization to their liability arising out of (called additional insured) described in paragraphs (1) Their financial control of you;or 2.a.through 2.g.below whom you are required to add as an additional insured on this policy under a written (2) Premises they own, maintain or control contract or agreement but the written contract or while you lease or occupy these agreement must be: premises. 1. Currently in effect or becoming effective during the This insurance does not apply to structural term of this policy;and alterations, new construction and demolition 2. Executed prior to the 'bodily injury,' 'property operations performed by or for such additional damage' or 'personal injury and advertising insured. injury,'but c. Managers or Lessors of Premises Only the following persons or organizations. are A manager or lessor of premises but only with additional insureds under this endorsement and respect to liability arising out of the ownership, coverage provided to such additional insureds is maintenance or use of that specific part of the limited as provided herein: premises leased to you and subject to the a. State or Political Subdivisions following additional exclusions: A state or political subdivision subject to the This insurance does not apply to: following provisions: (1) Any 'occurrence' which takes place after (1) This insurance applies only with respect you cease to be a tenant in that premises; to the following hazards for which the or state or political subdivision has issued a (2) Structural alterations, new construction or permit in connection with premises you demolition operations performed by or on own, rent, or control and to which, this behalf of such additional insured. insurance applies: d. Mortgagee,Assignee or Receiver (a) The existence, maintenance, repair, construction, erection, or removal of A mortgagee, assignee or receiver but only advertising signs, awnings, canopies, with respect to their liability as mortgagee, cellar entrances, coal holes, assignee, or receiver and arising out of the driveways, manholes, marquees, ownership,maintenance,or use of a premises hoistaway openings, sidewalk vaults, by you. street banners, or decorations and This insurance does not apply to structural similar exposures;or alterations, new construction or demolition (b) The construction, erection, or operations performed by or for such additional removal of elevators;or insured. (2) This insurance applies only with respect e. Owners/Other Interests—Land Is Leased to operations performed by you or on your An owner or other interest from whom land behalf for which the state or political has been leased by you but only with respect subdivision has issued a permit. to liability arising out of the ownership, G-18652-G42 Page 1 of 6 (Ed.01/05) I I G-18652-G42 (Ed.01/05) i Imaintenance or use of that specific part of the be either primary or primary and noncontributing. land leased to you and subject to the following Where required by written contract or agreement, additional exclusions: we will consider any other insurance maintained This insurance does not apply to by the additional insured for injury or damage covered by this endorsement to be excess and (1) Any 'occurrence° which takes place after noncontributing with this insurance. you cease to lease that land; or 2. EMPLOYEES AS INSUREDS - HEALTH CARE I (2) Structural alterations, new construction or SERVICES demolition operations performed by or on Paragraph 2.a.(1Xd) of Section II - Who Is An behalf of such additional insured. Insured is deleted. I f. Co-owner of Insured Premises 3. JOINT VENTURES / PARTNERSHIP / LIMITED A co-owner of a premises co-owned by you LIABILITY COMPANY COVERAGE and covered under this insurance but only A. The following is added to Section II-Who Is An with respect to the co-owners liability as co- Insured' I owner of such premises. g. Lessor of Equipment 4. You are an insured when you had an interest in a joint venture, partnership or limited I Any person or organization from whom you liability company which terminated or ended lease equipment. Such person or organization prior to or during this policy period but only to are insureds only with respect to their liability the extent of your interest in such joint arising out of the maintenance, operation or venture, partnership or limited liability I use by you of equipment leased to you by company This coverage does not apply such person or organization. A person's or organization's status as an insured under this a. Prior to the termination date of any joint endorsement ends when their written contract venture, partnership or limited liability I or agreement with you for such leased company;or equipment ends. b. If there is other valid and collectible With respect to the insurance afforded these insurance purchased specifically to insure the partnership, joint venture or limited additional insureds, 'the following additional exclusions apply. liability company This insurance does not apply c. To a joint venture, partnership or limited liability company which Is or was insured I c4 (1) To any 'occurrence' which takes place under a 'consolidated (wrap-up) after the equipment lease expires; or insurance program.' { i (2) To 'bodily injury,' 'property damage,' or 'Consolidated (wrap-up) insurance program' I "personal and advertising injury' arising out of the sole negligence of such means a construction, erection or demolition project for which the prime contractor/project additional insured. manager or owner of the construction project has secured general liability insurance I a Any insurance provided to an additional Insured covering some or all of the contractors or designated under paragraphs a.through g.above does not subcontractors involved in the project, r- apply to 'bodily injury' or 'property damage' included otherwise referred to as an Owner Controlled i within the'products-completed operations hazard.' Insurance Program (O.C.I.P.) or Contractor '� As respects the coverage provided under this Controlled Insurance Program(C.C.I.P). endorsement, Paragraph 4.b. SECTION IV - B. The last paragraph of Section II - Who Is An COMMERCIAL GENERAL LIABILITY CONDITIONS is Insured is deleted and replaced by the following: deleted and replaced with of the following: Except as provided in 4. above, no person or 4. Other Insurance organization is an insured with respect to the b. Excess Insurance conduct of any current or past partnership, joint venture or limited liability company that is not =_ This insurance is excess over shown as a Named Insured in the Declarations. Any other insurance naming the additional insured as an insured whether primary, excess, contingent =- or on any other basis unless a written contract or agreement specifically requires that this insurance G-18652-G42 Page 2 of 6 1 (Ed.01/05) G-18652-G42 (Ed. 01/05) I ' 4. EXPANDED PERSONAL AND ADVERTISING 7. Subject to 5. above (the Each Occurrence INJURY Limit), the Medical Expense Limit is the most A. The following is added to Section V—Definitions, we will pay under Section—I—Cove age C the definition of'Personal and advertisinginjury". for' all medical expenses because of 'bodily to i ry injury' sustained by any one person. The h. Discrimination or humiliation that results in Medical Expense Limit is the greater of: injury to the feelings or reputation of a natural person, but only if such discrimination or (1) $15,000;or humiliation is: (2) The amount shown in the Declarations for (1) Not done intentionally by or at the Medical Expense Limit. direction of: B. This provision 5. (Medical Payments) does not (a) The insured; or apply if Section I — Coverage C — Medical Payments is excluded either by the provisions of (b) Any 'executive officer,' director, the Coverage Part or by endorsement. stockholder, partner, member or C. Paragraph 1.a.(3X2)of Section I—Coverage C— manager (if you are a limited liability Medical Payments,is replaced by the following: company)of the insured; and (2) Not directly or indirectly related to the The expenses are incurred and reported to us employment, prospective employment, within three years of the date of the accident;and past employment or termination of 6. LEGAL LIABILITY AND BORROWED EQUIPMENT employment of any person or persons by any insured. A. Under Section I — Coverage A — Bodily Injury and Property Damage 2. Exclusions, Exclusion B. Exclusions of Section I—Coverage B—Personal j.Is replaced by the following. and Advertising Injury Liability is amended to , include the following: Property damage to p. Discrimination Relating To Room, Dwelling (1) Property you own,rent,or occupy; or Premises (2) Premises you sell, give away or abandon, if Caused by discrimination directly or indirectly the 'property damage' arises out of any part related to the sale, rental, lease or sub-lease of those premises; or prospective sale, rental, lease or sub-lease (3) Property loaned to you; of any room, dwelling or premises by or at the O 4 Personal propertyin the care, custodyor direction of any insured. control of the ised; q. Fines Or Penalties (5) That particular part of real property on which Fines or penalties levied or imposed by a you or any contractors or subcontractors governmental entity because of working directly or indirectly on your behalf discrimination. are performing operations, if the 'property C. This provision 4. (EXPANDED PERSONAL AND damage'arises out of those operations;or ADVERTISING INJURY COVERAGE) does not (6) That particular part of any property that must apply to discrimination or humiliation committed in be restored, repaired or replaced because the states of New York or Ohio Also, EXPANDED 'your work'was incorrectly performed on it. PERSONAL AND ADVERTISING INJURY COVERAGE does not apply to policies issued in Paragraph (2) of this exclusion does not apply If the states of New York or Ohio. the premises are 'your work' and were never D. This provision 4. (EXPANDED PERSONAL, AND occupied, rented or held for rental by you. ADVERTISING INJURY COVERAGE) does not Paragraphs(1),(3)and(4)of this exclusion do not apply if Section I—Coverage B—Personal And apply to: Advertising Injury Liability is excluded either by (I) 'property damage' to tools or the provisions of the Coverage Part or by equipment loaned to you if the tools endorsement. or equipment are not being used to 5. MEDICAL PAYMENTS perform operations at the time of loss;or A. Paragraph 7.,Medical Expense Limit,of Section III—Limits of Insurance is deleted and replaced (ii) 'property damage' (other than by the following: damage by fire)to premises rented to you or temporarily occupied by you G-18652-G42 Page 3 of 6 (Ed.01/05) G-18652-G42 (Ed.01/05) j ! - with the permission of the owner, or 6 by the provisions of the Coverage Part or by to the contents of premises rented to endorsement. you for a period of 7 or fewer 7 NON-OWNED WATERCRAFT consecutive days. A separate limit of insurance applies to Damage To Under Section I — Coverage A Exclusion 2.g., Premises Rented To You as subparagraph (2) is deleted and replaced by the described in Section III — Limits Of following. Insurance. Paragraphs(3),(4),(5)and(6)of this exclusion do (2) A watercraft you do not own that is: not apply to liability assumed under a sidetrack (a) Less than 55 feet long;and agreement. (b) Not being used to carry persons or Paragraph (6) of this exclusion does not apply to property for a charge. 'property damage' included in the 'products- g. NON-OWNED AIRCRAFT completed operations hazard.' e A — BodilyInjury Exclusion 2. g. of Section I — Coverage A— Bodily B. Under Section I — Coverage j ry Injury and Property Damage, does not apply to an and Property Damage the last paragraph of 2. aircraft you do not own, provided that: Exclusions is deleted and replaced by the following. 1 The pilot in command holds a currently effective Exclusions c. through n. do not apply to damage certificate issued by the duly constituted authority 9 pP Y 9 of the United States of America or Canada, by fire to premises while rented to you or designating that person as a commercial or airline l temporarily occupied by you with permission of transport pilot; the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days. 2. It is rented with a trained, paid crew;and A separate limit of insurance applies to this 3. It does not transport persons or cargo for a coverage as described in Section III — Limits Of charge. Insurance. 9. CONTRACTUAL LIABILITY FOR PERSONAL AND C. Paragraph 6., Damage To Premises Rented To ADVERTISING INJURY You Limit of Section III—Limits Of Insurance is Exclusion e. Contractual Liability of Section I — replaced by the following: Coverage B is deleted. 6. Subject to 5. above, (the Each Occurrence 10. SUPPLEMENTARY PAYMENTS t Limit), the Damage To Premises Rented To You Limit is the most we will pay under A. Under Section I — Supplementary Payments — Section — I — Coverage A for damages Coverages A and B, Paragraph 1.b., the limit of g because of 'property damage' to any one $250 shown for the cost of bail bonds Is replaced premises while rented to you or temporarily by$2,500: occupied by you with the permission of the B. In Paragraph 1.d.,the limit of$250 shown for daily owner, including contents of such premises loss of earnings is replaced by$1,000. rented to you for a period of 7 or fewer consecutive days. The Damage To Premises 11. LIQUOR LIABILITY Rented To You Limit is the greater of: - Exclusion c.of Section I—Coverage A is deleted. a. $200,000;or 12. NEWLY FORMED OR ACQUIRED ii - — b. The Damage To Premises Rented To ORGANIZATIONS' You Limit shown in the Declarations. Paragraph 3.a. of Section II—Who Is An Insured is D. Paragraph 4.b.(1Xb)of Section IV—Commercial deleted and replaced by the following: _ = General Liability Conditions is deleted and replaced by the following: Coverage under this provision is afforded only until the — end of the policy period or the next anniversary of this (b) That is property insurance for premises policy's effective date after you acquire or form the rented to you or temporarily occupied by organization,whichever is earlier you with the permission of the owner;or 13. LIBERALIZATION CLAUSE E. This provision 6. (LEGAL LIABILITY AND BORROWED EQUIPMENT) does not apply if If we adopt a change in our forms or rules which would - = Damage To Premises Rented To You Liability broaden coverage for contractors without an additional under Section I—Coverage A is excluded either premium charge,your policy will automatically provide G-16652-G42 Page 4 of 6 (Ed. 01/05) rm....0 I G-18652-G42 (Ed. 01/05) - the additional coverages as of the date the revision is 2. The Single Construction Project General effective In your state. Aggregate Limit is the most we will pay for the 14. UNINTENTIONAL FAILURE TO DISCLOSE sum of all damages under COVERAGE A, I HAZARDS except damages because of 'bodily injury' or 'property damage' Included in the 'products- Based on our reliance on your representations as to completed operations hazard,' and for existing hazards, if unintentionally you should fail to medical expenses under COVERAGE C I disclose all such hazards at the inception date of your regardless of the number of policy, we will not deny coverage under this Coverage a. Insureds; Part because of such failure. 15. NOTICE OF OCCURRENCE b. Claims made or'suits° brought;or IThe following is added to paragraph 2.of Section IV— c. Persons or organizations making claims Commercial General Liability Conditions — Duties or bringing'suits.' In The Event of Occurrence,Offense,Claim or Suit: 3. Any payments made under COVERAGE A for I Your rights under this Coverage Part will not be damages or under COVERAGE C for medical prejudiced if you fail to give us notice of an expenses shall reduce the Single "occurrence,' offense, claim or'suit' and that failure is Construction Project General Aggregate Limit I solely due to your reasonable belief that the 'bodily for that constructiond project away from injury' or °property damage' is not covered under this Such premises owned shallb rented to the insured.General Coverage Part. However, you shall give written notice r gate Limitents sho not nre this the ons of this 'occurrence,' offense, claim or 'suit' to us as Aggregate shown in Declarations -I nor shall they reduce any other Single soon as you are aware that this insurance may apply Construction Project General Aggregate Limit to such 'occurrence,'offense claim or'suit.' for any other separate construction project 16. BROAD KNOWLEDGE OF OCCURRENCE away from premises owned by or rented to IThe following is added to paragraph 2.of Section IV— the insured. Commercial General Liability Conditions — Duties 4. The limits shown in the Declarations for Each in The Event of Occurrence,Offense,Claim or Suit: Occurrence, Fire Damage and Medical Expense continue to apply However, instead You must give us or our authorized representative of being subject to the General Aggregate notice of an 'occurrence,' offense, claim, or'suit' only Limit shown in the Declarations, such limits when the 'occurrence,' offense, claim or 'suit' is will be subject to the applicable Single known to. Construction Project General Aggregate Limit. I (1) You, if you are an individual; B. For all sums which the insured becomes legally (2) A partner, if you are a partnership; obligated to pay as damages caused by 'occurrences' under COVERAGE A (SECTION I), I (3) An executive officer or the employee designated and for all medical expenses caused by accidents by you to give such notice, If you are a under COVERAGE C (SECTION I), which cannot corporation;or be attributed only to ongoing operations at a single (4) A manager,if you are a limited liability company construction project away from premises owned by or rented to the insured: I 17. AGGREGATE LIMITS PER PROJECT 1 Any payments made under COVERAGE A for A. For all sums which the insured becomes legally damages or under COVERAGE C for medical I obligated to pay as damages caused by expenses shall reduce the amount available 'occurrences' under COVERAGE A(SECTION I), under the General Aggregate Limit or the I and for all medical expenses caused by accidents Products-Completed Operations Aggregate under COVERAGE C (SECTION I), which can be Limit,whichever is applicable;and I attributed only to ongoing operations at a single construction project away from premises owned 2. Such payments shall not reduce any Single by or rented to the insured: Construction Project General Aggregate Limit. 1 A separate Single Construction Project C. When coverage for liability arising out of the General Aggregate Limit applies to each 'products-completed operations hazard' is construction project away from premises provided, any payments for damages because of owned by or rented to the insured, and that 'bodily injury' or 'property damage' included in the I limit is equal to the amount of the General products-completed operations hazard' will Aggregate Limit shown in the Declarations. reduce the Products-Completed Operations Aggregate Limit, and not reduce the General G-18652-G42 Page 5 of 6 I (Ed.01/05) I I G-18652-G42 (Ed.01/05) Aggregate Limit nor the Single Construction person or organization for damage by fire to Project General Aggregate Limit. premises while rented to you or temporarily D. If a single construction project away from occupied by you with permission of the owner premises owned by or rented to the insured has is not an insured contract ; been abandoned and then restarted, or if the b. A sidetrack agreement; authorized contracting parties deviate from plans, c. Any easement or license agreement; blueprints, designs, specifications or timetables, the project will still be deemed to be the same d. An obligation, as required by ordinance, to construction project. indemnify a municipality, except in connection E. The provisions of Limits of Insurance (SECTION with work for a municipality; III) not otherwise modified by this endorsement e. An elevator maintenance agreement; shall continue to apply as stipulated. f. That part of any other contract or agreement 18. EXPANDED BODILY INJURY pertaining to your business (including an Section V — Definitions, the definition of 'bodily indemnification of a municipality in connection Injury'is changed to read: with work performed for a municipality) under which you assume the tort liability of another 'Bodily injury'means bodily injury,sickness or disease party to pay for 'bodily injury' or 'property sustained by a person, including death, humiliation, damage' to a third person or organization. shock, mental anguish or mental injury by that person Tort liability means a liability that would be at any time which results as a consequence of the imposed by law in the absence of any bodily injury,sickness or disease. contract or agreement. 19. EXPECTED OR INTENDED INJURY Paragraph f.does not include that part of any Exclusion a. of Section I — Coverage A — Bodily contract or agreement: Injury and Property Damage Liability is replaced by (1) That indemnifies an architect, engineer or the following: surveyor for injury or damage arising out a. 'Bodily injury' or'property damage' expected of: or intended from the standpoint of the insured. (a) Preparing, approving or failing to This exclusion does not apply to 'bodily prepare or approve maps, shop injury'or'property damage' resulting from the drawings, opinions, reports, surveys, use of reasonable force to protect.persons or field orders, change orders or property drawings and specifications;or 20. CONTRACTUAL LIABILITY—RAILROADS (b) Giving directions or instructions, or With respect to operations performed within 50 feet of failing to give them, if that is the railroad pand'for wich a Railroad Protective primary cause of the injury or i - property Liability policy in the name of the railroad has been provided, the definition of 'insured contract' in the (2) Under which the insured, if an architect, SECTION V — DEFINITIONS is replaced by the damage; engineer or surveyor, assumes liability for following: an injury or damage arising out of the 'Insured Contract"means: insured's rendering or failure to render professional services, Including those a. A contract for a lease of premises. listed in paragraph (1) above and However,that portion of the contract for a supervisory, inspection, architectural or lease of premises that Indemnifies any engineering activities. h G-18652-G42 Page 6 of 6 (Ed.01/05) CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Section 00700 C , GENERAL CONDITIONS OF AGREEMENT TABLE OF CONTENTS Page No. 1.0 DEFINITIONS AND INTERPRETATIONS 1 1 01 Owner, Contractor and Engineer 1 1 02 Contract Documents 1 103 Subcontractor 2 1 04 Written Notice 2 105 Work 2 1 06 Extra Work 2 1 07 Working Day 2 1 08 Calendar Day 2 1 09 Substantially Completed 3 1 10 Interpretation of Words and Phrases 3 1 11 Referenced Standards 3 2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER 3 2.01 Adequacy of Design 3 2.02 Right of Entry 4 2.03 Ownership of Drawings 4 2.04 Changes and Alterations 4 2.05 Damages 4 3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 5 3 01 Owner-Engineer Relationship 5 3 02 Keeping of Plans and Specifications Accessible 5 07/2006 00700-i 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 Cr 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 9 412 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 Work 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 19 6.02 Quantities and Measurements 19 6.03 Estimated Quantities 19 6.04 Price of Work 19 6 05 Payments 20 6 06 Partial Payments 20 6.07 Use of Completed Portions&Punchhst 21 6.08 Final Payment 22 6.09 Correction of Work Before Final Payment 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 i 31 ATTACHMENT NO 1 WORKERS' COMPENSATION INSURANCE COVERAGE Al ATTACHMENT NO 2. AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S SWORN RELEASE A2 ATTACHMENT NO 3 OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR A3 07/2006 00700-iv CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Section 00700 C GENERAL CONDITIONS OF AGREEMENT 1.0 DEFINITIONS AND INTERPRETATIONS 101 OWNER, CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOR and the ENGINEER are those persons or organizations identified as such m 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 writingand signed byboth parties, includinganyChange 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 herem, 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. C1 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. 111 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 1 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 of 31 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 m 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 C 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 C- 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 cadversely 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, I 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 denves 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 of 31 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 Project Manual. 4 04 ASSIGNMENT AND SUBLETTING The CONTRACTOR further agrees that he will retain personal control and will give his personal attention to the fulfillment of this Contract and that he will not assign, by power of attorney or otherwise, or sublet said Contract, or any rights, duties or obligations arising thereunder, in whole or in part, without the prior written consent of the OWNER, and that no part or feature of the Work will be sublet to anyone objectionable to the ENGINEER or the OWNER. In addition, the OWNER reserves the right to disapprove the subletting of this Contract or any portion hereof on any basis whatsoever The CONTRACTOR further agrees that the subletting of any portion or feature of the Work or materials required in the performance of this Contract shall not relieve the CONTRACTOR from his obligations to the OWNER, as provided for by this Agreement. 4 05 PERFORMANCE AND PAYMENT BONDS In the event the Contract Price shall be in excess of $25,000 00, the CONTRACTOR shall execute separate Performance and A` 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 I 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 of the CONTRACTOR is essential to the proper performance of the Work, and lack of such supervision shall be an act of default, and grounds for suspending operations of the CONTRACTOR. The 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. 411 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 of laborers and others on the Work site, properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by the ENGINEER, and their use shall be strictly enforced. Any structures of any nature constructed or erected by the CONTRACTOR for the purposes herein set out, shall be the sole responsibility of 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 of the erection, construction or maintenance of CONTRACTOR's buildings. 4 13 CLEANING AND MAINTENANCE. The CONTRACTOR shall at all times keep and maintain the premises free from accumulation of debris, trash and waste, 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. 416 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 of 31 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT CSuch review by the ENGINEER shall be for the sole purpose of determining the apparent sufficiency of said drawings or schedules to result in fimshed 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. 419 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 bemg 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 of 31 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. C, 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. C 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 C 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 Csufficient to liquidate any and all such claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payments to the CONTRACTOR shall be resumed in full, in accordance with the terms of this Contract. Any and all communications between any parties under this paragraph shall be in writing. Nothing contained in this paragraph or this Agreement shall create, establish or impose any relationship,contractual or otherwise,between OWNER and any subcontractor, laborer or supplier of CONTRACTOR, nor shall it create, establish or impose any duty upon OWNER to pay or to see to the payment of any subcontractor,laborer or supplier of CONTRACTOR. 4.25 PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION The CONTRACTOR shall pay all royalties and license fees and shall provide for the use of any design, device, material or process covered by letters patent or copyright, by suitable legal agreement with the patentee or owner thereof THE CONTRACTOR SHALL DEFEND ALL SUITS OR CLAIMS FOR INFRINGEMENT OF ANY PATENT OR COPYRIGHT AND SHALL INDEMNIFY, SAVE AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY LOSS OR LIABILITY ON ACCOUNT THEREOF, EXCEPT SUCH SUITS AND CLAIMS ARISING OUT OF A PARTICULAR DESIGN, DEVICE, MATERIAL OR PROCESS OR THE PRODUCT OF A PARTICULAR MANUFACTURER OR MANUFACTURERS SPECIFIED OR REQUIRED BY THE OWNER, PROVIDED, HOWEVER, IF CHOICE OF ALTERNATE DESIGN, DEVICE, MATERIAL OR PROCESS IS ALLOWED TO THE CONTRACTOR, OR IF CONTRACTOR KNEW OR SHOULD HAVE KNOWN OF THE C, 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 of 31 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 NATURE WHATSOEVER MADE BY ANY EMPLOYEE, EMPLOYEES, AGENTS OR SUBCONTRACTORS OF CONTRACTOR, OR BY ANY UNION, TRADE ASSOCIATION, WORKER'S ASSOCIATION OR OTHER GROUPS, ASSOCIATIONS OR INDIVIDUALS,ALLEGEDLY REPRESENTING EMPLOYEES OF THE CONTRACTOR, IN ANY DISPUTE BETWEEN THE CONTRACTOR AND HIS EMPLOYEES, DIRECTLY OR INDIRECTLY INVOLVING, GROWING OUT OF OR ARISING FROM CLAIMS BY SUCH EMPLOYEES FOR WAGES, SALARY, COMPENSATION, BENEFITS, WORKING CONDITIONS OR ANY OTHER SIMILAR COMPLAINT OR CLAIM WHICH MAY BE MADE. THE CONTRACTOR, HIS SURETIES AND INSURANCE CARRIERS SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE OWNER AND THE ENGINEER AND THEIR RESPECTIVE OFFICERS, REPRESENTATIVES, AGENTS AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, CLAIMS, LOSSES, DEMANDS, SUITS, LIABILITIES, JUDGMENTS AND COSTS OF ANY CHARACTER WHATSOEVER, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES, AND SHALL BE REQUIRED TO PAY ANY JUDGMENT THEREFOR, WITH COSTS, WHICH MAY BE OBTAINED AGAINST THE OWNER AND/OR THE ENGINEER OR ANY OF THEIR OFFICERS, REPRESENTATIVES, AGENTS OR EMPLOYEES, ARISING OUT OF OR RESULTING FROM OR ALLEGEDLY ARISING OUT OF OR RESULTING FROM THE PERFORMANCE 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 m plans, designs or specifications prepared, approved or used by the ENGINEER, or negligence of the 07/2006 00700- 15 of 31 1 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 of 31 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT harmonized, and the CONTRACTOR shall fully cooperate and coordinate its Work with OWNER Cor 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, of the cause of any such delay, and its estimated effect on the Work and the schedule for completion of the Work. Upon receipt of a written request for an extension of the Contract Time from the CONTRACTOR, supported by relevant and all requested documentation, the 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 of 31 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT adjustment shall be made to the extent performance was or would have been suspended by a cause Cfor 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 of the CONTRACTOR'S failure to complete the work within the Contract Time. Should the OWNER suffer damage by reason of any other breach by CONTRACTOR, the OWNER may recover such actual damages in addition to any liquidated damages due. - The OWNER shall have the right to deduct and withhold the amount of any and all such damages whether it be the minimum amount stipulated above or otherwise, from any monies owing by it to said CONTRACTOR, or the OWNER may recover such amount from the CONTRACTOR and the sureties of his bond, all of such remedies shall be cumulative and the OWNER shall not be required to elect any one nor be deemed to have made an election by proceeding to enforce any one remedy 6.0 MEASUREMENT AND PAYMENT 6.01 DISCREPANCIES AND OMISSIONS. If the CONTRACTOR knows or reasonably should have known of any discrepancies or omissions in the 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 arid the whole thereof in the manner and according to this Agreement, the Plans and Specifications and Contract Documents, and the requirements of the ENGINEER. 6 05 PAYMENTS No payments made or approvals or certificates given shall be considered as conclusive evidence of the performance of the Contract, either in whole or in part, nor shall any certificate, approval or payment be considered as acceptance of defective, deficient or non-conforming Work. CONTRACTOR shall, at any time requested during the progress of the Work, furnish the OWNER or the ENGINEER with an affidavit showing the CONTRACTOR's total outstanding indebtedness in connection with the Work. Before Final Payment is made, the CONTRACTOR shall satisfy the OWNER, by affidavit or otherwise, that there are no unpaid claims due subcontractors, suppliers or laborers by reason of any Work under the Contract. Acceptance by CONTRACTOR of Final Payment shall constitute a waiver of any and all claims of whatsoever nature against OWNER, arising out of or related to the Contract, or the Work, or any acts or omissions of OWNER or ENGINEER, which have not theretofore been timely filed as provided in this Contract. 6.06 PARTIAL PAYMENTS When the Contract Price is a lump sum amount,prior to the first Application for Payment, CONTRACTOR shall submit to ENGINEER for review and approval a Schedule of Values, which shall fairly allocate the entire Contract Price among the various portions of the Work and shall be prepared in such form and supported by such data to substantiate its accuracy as the ENGINEER may reasonably require. The Schedule of Values ,( shall follow the trade divisions of the Specifications so far as practicable. Upon approval, this Schedule of Values shall be used by ENGINEER as the basis for reviewing the Contractor's Application for Payment. Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 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 of the Work done by the CONTRACTOR up to and including the twenty-fifth day of the preceding month, said statement shall also include the value of all conforming materials to be fabricated into the Work and stored in accordance with manufacturer's 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 of 31 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 Coccupancy and all other required inspections/approvals/acceptances by city, county, state governmental entities or other authorities having jurisdiction, (g) CONTRACTOR delivers to OWNER assignments of all guarantees and warranties from subcontractors,vendors, suppliers or manufacturers, as well as names, addresses and telephone numbers of contacts for each subcontractor,vendor, supplier or manufacturer; (h) CONTRACTOR removes all equipment,tools,temporary facilities, surplus materials and rubbish from the site, and final cleans the site to OWNER's satisfaction, (i) CONTRACTOR delivers to OWNER a Full and Final Release and Affidavit of Bills Paid in the form attached hereto as Attachment No. 2, executed by CONTRACTOR, E (j) CONTRACTOR delivers to OWNER all other documentation required to be submitted to OWNER pursuant to the Contract Documents, including but not limited to any special guarantees or warranties, 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 I , 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. _a 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 of 31 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 of 31 1 i CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT In the event said Extra Work or Change Order or Work Change Directive work is performed and Cpaid 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 I I CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT such longer period as the parties may agree to in writing, the CONTRACTOR shall lose and Cforfeit 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 r- 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 of the Work in either of the following elective manners. (a) The OWNER may thereupon employ such force of workers and use such machinery, equipment, tools, materials and supplies as the OWNER may deem necessary to expeditiously complete the Work, and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the OWNER out of such monies as may be due or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement or any other agreement between OWNER and CONTRACTOR. In case such expense is less than the sum which would have been payable under this Contract if the same had been completed by the CONTRACTOR, then said CONTRACTOR shall be credited with the difference. In case such expense is greater than the sum which would have been payable under this Contract if the same had been completed by C 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 + j 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 givmg 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 employmg 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 retamage earned by CONTRACTOR under the Contract or any unearned, unpaid amount under the Contract. 8.05 INSOLVENCY It is recognized that if CONTRACTOR becomes a debtor in voluntary or involuntary bankruptcy proceedings, makes a general assignment for the benefit of creditors, or if a receiver is appointed on account of his insolvency, such events could seriously impair or frustrate CONTRACTOR's performance of the Work. Accordingly, it is agreed that should CONTRACTOR become a debtor in bankruptcy, either voluntary or involuntary, CONTRACTOR shall notify OWNER in writing within twenty-four (24) hours of the filing with the bankruptcy court. Further, it is agreed that upon occurrence of any one or more such events, OWNER shall be entitled to request of CONTRACTOR or'its successors, trustees or receivers, adequate assurances of future performance. In the event such adequate assurances are not given to the reasonable satisfaction of OWNER within seventy-two (72) hours of such request, OWNER shall have the right to immediately invoke the remedies of this Section 8 or as provided by law Pending receipt of such adequate assurances of such future performance, OWNER may proceed with the Work on a temporary basis and deduct the costs, plus reasonable overhead and profit, from any amounts due or which may become due to CONTRACTOR under the Contract or any other agreement with OWNER. In this regard, OWNER and CONTRACTOR agree that delays in performance could result in more damages to CONTRACTOR than would be sustained if OWNER failed to exercise such remedies. 8 06 CONTINGENT ASSIGNMENT CONTRACTOR hereby assigns to OWNER, all of CONTRACTOR's rights under and interest in any and all subcontracts and/or purchase orders 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 m 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 suchperformance bya subcontractor, then OWNER q shall be obligated to pay such subcontractor any amounts due and owing under the terms of the subcontract/purchase order, at the subcontract prices and rates, and subject to any rights of withholding or offset and other terms and conditions of the subcontract, for all work properly performed by such subcontractor, to the date of OWNER's acceptance and thereafter OWNER's liability in this connection, however, shall not exceed the amount obtained by subtracting all payments made by CONTRACTOR to subcontractor from the Subcontract Price at the time of CONTRACTOR's default or OWNER's termination of CONTRACTOR. CONTRACTOR shall include a provision in its subcontracts that allows such assignment and allows OWNER to take these actions, and further provides that in the event of CONTRACTOR's termination for default, the subcontractor agrees to give the OWNER or its agent the right to inspect all books and records of subcontractor relating to the Work. 8.07 WAIVER OF CONSEQUENTIAL DAMAGES. CONTRACTOR expressly waives any and all claims for consequential damages against OWNER arising out of or related to this Contract, or any other agreements between CONTRACTOR and OWNER, including,but not 07/2006 00700-29 of 31 it 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 of 31 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, providmg, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not mclude 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 pnor 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 00700A1 - 1 of 3 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT C (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 C workers' compensation insurance. This includes personsproviding, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512) 440- 3789 to receive information on the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." —� The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project,too (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Title 5 Workers' Compensation, Subtitle A Texas Workers' Compensation Act, for all of its employees providing services on the Project, for the duration of the Project; (2) provide to the CONTRACTOR,prior to that person beginning work on the Project,a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project,for the duration of the Project: 07/2006 00700A1 -2 of 3 � I LI CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (3) provide the CONTRACTOR,prior to the end of the coverage period, a new certificate of coverage, showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; d to the (4) obtain from each other person with whom it contracts, and provide CONTRACTOR. (a) a certificate of coverage,prior to the other person beginning work on the Project; and (b) a new certificate of coverage showing extension of coverage,prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; (5) retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; (6) notify the OWNER in writing by certified mail or personal delivery,within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and (7) contractually require each person with whom it contracts,to perform as required by paragraphs(1) -(7),with the certificates of coverage to be provided to the person C` 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 00700A1 -3 of 3 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 (the "Contract"), the CONTRACTOR makes the following representations to OWNER, either individually if a proprietorship, or jomtly 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 m 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 00700A2- 1 of 4 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT SIGNED and EXECUTED this,the day of ,20_ 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 20_by , a Texas corporation,under authority granted to the undersigned by said corporation as contained in the Charter, By-Laws or Minutes of Ca 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 00700A2-2 of 4 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT AFFIDAVIT C STATE OF TEXAS § COUNTY OF § BEFORE ME,the undersigned authority, on this day personally appeared the person or persons whose name(s) are subscribed to the above and foregoing Agreement for Final Payment and'Contractor's Sworn Release,who each, after being by me duly sworn, on their oaths deposed and said. I (We) am(are)the person(s)who signed and executed the above and foregoing Agreement for Final Payment and Contractor's Sworn Release, and I(we)have read the facts and statements as therein set out and the representations as made therein, and I(we) state that the above and foregoing are true and correct. CONTRACTOR-Affiant SWORN TO AND SUBSCRIBED TO before me,the day of 20 Notary Public, State of Texas My Commission Expires: [This form is for use in the event CONTRACTOR is a corporation.] 07/2006 00700A2-3 of 4 n I CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT AFFIDAVIT STATE OF TEXAS § COUNTY OF § BEFORE ME,the undersigned authority, on this day personally appeared the persons who signed and executed the above and foregoing Agreement for Final Payment mid Contractor's Sworn Release,whose names are set out above,who each, after being by me duly sworn, on their oaths deposed and said. We each are the persons whose names are subscribed above, and hold respectively the offices in the corporation as set out above, and each state under oath that we have the authority to execute this Agreement for Final Payment and Contractor's Sworn Release for and on behalf of said corporation,pursuant to authority granted to us in the Charter of said corporation,the By-Laws of said corporation and/or the Minutes of said corporation, and the facts, statements and representations as set out in the instrument to which this Affidavit is attached, are true and correct. SWORN TO AND SUBSCRIBED TO before me this,the day of 20 C_ Notary Public, State of Texas My Commission Expires. C 07/2006 00700A2-4 of 4 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO.3 TO GENERAL CONDITIONS OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR 1 Definitions. For purposes of this Agreement: 1 1 Owner Parties. "Owner Parties" means (a) the City of Pearland, its successors and assigns, and the Engineer, (b) any officers, employees, or agents of such persons or entities, and (c) others as required by the Contract Documents, if any 1.2 Contractor "Contractor" shall mean the vendor providing the service or work to be performed under this Agreement 1.3 Subcontractor "Subcontractor" shall include subcontractors of any tier 1 4 ISO "ISO"means Insurance Services Office. 2. Contractor Insurance Representations to Owner Parties 2.1 It is expressly understood and agreed that the insurance coverages required herein. 2.1 1 represent Owner Parties' minimum requirements and are not to be construed to void or limit the Contractor's indemnity obligations as contained in this Agreement -r 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 Affecting All Insurance Required Herein 3 1 Cost of Insurance. All insurance coverage shall be provided at the Contractor's sole expense. 07/2006 00700A3- 1 of 9 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 of the Owner 3 4 Limits of Liability The limits of liability may be provided by a single policy of insurance or by a combination of primary and umbrella policies, but in no event shall the total limits of liability available for any one occurrence or accident be less than the amount required herein. 3.5 Notice of Cancellation, Nonrenewal, or Material Reduction in Coverage. All insurance coverage shall contain the following express provision. In the event of cancellation, non-renewal, or material reduction in coverage affecting the certificate holder, thirty (30) days prior written notice shall be given to the certificate holder by certified mail or registered mail,return receipt requested. 3 6 Waiver of Subrogation. The Contractor hereby agrees to waive its rights of recovery from the Owner Parties with regard to all causes of property and/or liability loss and shall cause a waiver of subrogation endorsement to be provided in favor of the Owner Parties on all insurance coverage carried by the Contractor,whether required herein or not. 3 7 Deductible/Retention. Except as otherwise specified herein, no insurance required herein shall contain a deductible or self-insured retention in excess of $25,000 without prior written approval of the Owner All deductibles and/or retentions shall be paid by, assumed by, for the account of, and at the Contractor's sole risk. The Contractor shall not be reimbursed for same. 4 Maintenance of Insurance. The following insurance shall be maintained in effect with limits not less than those set forth below at all times during the term of this Agreement and thereafter as required. 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 m a business contract). Defense shall be provided as an additional benefit and not included within the limit of liability 4 1.2 Form. Commercial General Liability Occurrence form (at least as broad as an unmodified ISO CG 0001 0798 or its equivalent). 07/2006 00700A3-2 of 9 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4 1.3 Amount of Insurance. Coverage shall be provided with limits of not less ��- g than. Each Occurrence Limit $1,000,000 General Aggregate Limit $2,000,000 Product-Completed Operations Aggregate Limit $2,000,000 Personal acid Advertising Injury Limit $1,000,000 4 1 4 Required Endorsements a. Additional Insured. Additional insured status shall be provided in favor of the Owner Parties on any of the following: i. ISO form CG 20 10 11 85, or ii. ISO form CG 20 26 11 85, or iii. a combination of ISO forms CG 20 33 10 01 and CG 20 37 10 01, or iv any form providing equivalent protection to Owner b. Designated Construction Project(s) Aggregate Limit. The aggregate limit shall apply separately to this Agreement through use of an ISO CG 25 03 03 97 endorsement or its equivalent. c. Notice of Cancellation, Nonrenewal or Material Reduction in Coverage, as required in 3.5, above. d. Personal Injury Liability The personal injury contractual liability exclusion shall be deleted. e. Primary and Non-Contributing Liability It is the intent of the parties to this Agreement that all insurance required herein shall be primary to all msurance available to the Owner Parties. The obligations of the Contractor's insurance shall not be affected by any other insurance available to the Owner Parties and shall seek no contribution from the Owner Parties' insurance, whether primary, excess contingent, or on any other basis. The Contractor's insurance coverage shall be endorsed to provide such primary and non-contributing liability f. Waiver of Subrogation, as required in 3 6, above. 4 1.5 Continuing Commercial General Liability Insurance. The Contractor shall maintain such insurance in identical coverage, form and amount, including required endorsements, for at least 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 00700A3-3 of 9 \ CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.2.3 Amount of Insurance. Coverage shall be provided with a limit of not less ' C than$1,000,000 4.2.4 Required Endorsements a. Notice of Cancellation, Nonrenewal or Material Reduction in Coverage, as required in 3.5, above. b. Waiver of Subrogation, as required in 3 6, above. 4.3 Employer's Liability Insurance 4.3 1 Coverage. Employer's Liability Insurance shall be provided as follows 4.3.2 Amount of Insurance. Coverage shall be provided with a limit of not less than. Employer's Liability. $1,000,000 each accident and each disease. 4.3.3 Required Endorsements a. Notice of Cancellation, Nonrenewal or Material Reduction in Coverage, as required in 3.5, above. b. Waiver of Subrogation, as required m 3 6, above. C 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 00700A3-4 of 9 ' 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- subcontractors of all tiers in the Work as Additional Insureds. 4 6.2 Covered Property. Such insurance shall cover a. all structure(s) under construction, including retaining walls, paved surfaces and roadways, bridges, glass, foundation(s), footings, underground pipes and wiring, excavations, grading, backfilling or filling; b. all temporary structures (e.g., fencmg, scaffolding, cribbing, false work, forms, site lighting, temporary utilities and buildings) located at the site; c. all property including materials and supplies on site for installation, d. all property including materials and supplies at other locations but intended for use at the site; e. all property including materials and supplies in transit to the site for installation by all means of transportation other than ocean transit; and f. other Work at the site identified in the Agreement to which this Exhibit is attached. I 07/2006 00700A3 -5 of 9 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: i. Additional expenses due to delay in $TBD completion of project(where applicable) ii. Agreed value Included without sublimit iii. Damage arising from error, omission or Included without sublimit deficiency in construction methods, design, specifications,workmanship or materials, including collapse iv Debris removal additional limit 25% of direct damage loss v Earthquake (where applicable) $ TBD vi. Earthquake sprinkler leakage (where $TBD applicable) vii. Expediting expenses $ TBD Flood(where applicable) $ TBD ix. Freezing Included without sublimit x. Mechanical breakdown, including hot& Included without sublimit cold testing (where applicable) xi. Notice of cancellation,non-renewal or Included material reduction—60 days prior written notice to each insured xii. Occupancy clause, as required in F, Included - below xiii. Ordinance or law Included without sublimit xiv Pollutant clean-up and removal $ TBD xv Preservation of property Included without sublimit xvi. Replacement cost Included xvii. Theft Included without sublimit xvui. Waiver of subrogation as required in G, Included below I 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. C. 07/2006 00700A3-6 of 9 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4 6.5 Deductibles. Deductibles shall not exceed the following: a. All Risks of Direct Damage,Per $5,000 Occurrence, except b. Delayed Openmg Waiting Period 5 Days c. Flood, Per Occurrence $25,000 or excess of NFIP if in Flood Zone A, B or V d. Earthquake and Earthquake Sprinkler $25,000 Leakage, Per Occurrence 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 mamtained 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.- 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 provision shall be endorsed as follows. a. A waiver of subrogation shall be provided in favor of all insureds. b. The waiver of subrogation provisions shall be endorsed as follows. Should a covered loss be subrogated, either in whole or in part, your rights to any recovery will come first, and we will be entitled to a recovery only after you have been fully compensated for the loss. 5 Intentionally left blank. 6. Evidence of Insurance 6 1 Provision of Evidence. Evidence of the insurance coverage required to be maintained by the Contractor, represented by certificates of insurance, evidence of insurance, and endorsements issued by the insurance company or its legal agent, and must be furnished to the Owner prior to commencement of Work and not later than fifteen (15) days after receipt of this Agreement. New certificates of msurance, 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 00700A3-7 of 9 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 of Insurance" 6.3 Specifications. Such certificates of insurance, evidence of insurance, and endorsements shall specify. 6.3 1 The Owner as a certificate holder with correct mailing address. 6.3.2 Insured's name,which must match that on this Agreement. 6.3.3 Insurance companies affording each coverage, policy number of each coverage, policy dates of each coverage, all coverages and limits described herein, and signature of authorized representative of insurance company 6.3 4 Producer of the certificate with correct address and phone number listed. 6.3.5 Additional insured status required herein. 6.3 6 Amount of any deductibles and/or retentions. 6.3 7 Cancellation, non-renewal and material reduction in coverage notification as required by this Agreement. Additionally, the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon Company, it agents or representatives" shall be deleted from the cancellation provision of the ACORD 25 certificate of insurance form. 6.3 8 Designated Construction Project Aggregate Limits required herein. 6.3.9 Personal Injury contractual liability required herein. 6.3 10 Primary and non-contributing status required herein. 6.3 11 Waivers of subrogation required herein. 6 4 Required Endorsements. A copy of each of the required endorsements shall also be provided. 6.5 Failure to Obtain. Failure of any Owner Party to demand such certificate or other evidence of full compliance with these insurance requirements or failure of any Owner Party to identify a deficiency from evidence that is provided shall not be construed as a waiver of the Contractor's obligation to maintain such insurance. 6 6 Certified Copies. Upon request of any Owner Party,the Contractor shall provide to _ the Owner a certified copy of all insurance policies required herein within ten (10) days of any such request. Renewal policies, if necessary, shall be delivered to the Owner prior to the expiration of the previous policy 6 7 Commencement of Work. Commencement of Work without provision of the required certificate of insurance, evidence of insurance and/or required endorsements, or without compliance with any other provision of this Agreement, shall not constitute a waiver by any Owner Party of any rights. The Owner shall have the right, but not the obligation, of prohibiting the Contractor or any subcontractor from performing any Work until such certificate of insurance, evidence of insurance and/or required endorsements are received and approved by the Owner 7 Insurance Requirements of Contractor's Subcontractors 07/2006 00700A3-8 of 9 1 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT _ 7 1 Insurance similar to that required of the Contractor shall be provided by all C , 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 00700A3 -9 of 9 i; - 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. 1 01 OWNER, CONTRACTOR, AND ENGINEER. Add the following paragraph to the end of Article 1 01 The OWNER'S representative on the project site is. telephone 3 02 KEEPING OF PLANS AND TECHNICAL SPECIFICATIONS ACCESSIBLE. Delete 3 02 in its entirety and replace with the following: 3 02 KEEPING OF PLANS AND TECHNICAL SPECIFICATIONS ACCESSIBLE. The ENGINEER shall furnish the CONTRACTOR with an adequate and reasonable number of copies of all Plans and Technical Specifications, not to exceed five (5) sets, without expense to the s CONTRACTOR,and the CONTRACTOR shall keep one copy of the same constantly accessible on the Project Site,with the latest revisions noted thereon. The CONTRACTOR shall be responsible for C preserving the Plans and Technical Specifications for reference and review by the OWNER or the ENGINEER. 4 05 PERFORMANCE AND PAYMENT BONDS. Delete 4 05 in its entirety and replace with the following: 4 05 PERFORMANCE AND PAYMENT BONDS In the event the Contract Pnce shall be in excess of$25,000 00,the CONTRACTOR shall execute separate Performance,Payment,and One- Year Maintenance Bonds,each in the sum of one hundred percent(100%)of the total Contract Price, and a One-Year Surface Correction Bond in the sum of four percent(4%)of the total Contract Price, which shall be increased at any time to cover any change orders,additives or add-ons,in accordance with the provisions of Chapter 2253 of the Texas Government Code. If the Contract Price does not exceed$25,000 00,the statutory bonds will not be required. All required bonds shall be submitted on forms approved by the OWNER for this purpose,guaranteeing the faithful performance of the Work and fulfillment of any guarantees required,and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execution of the Contract. It is agreed that the Contract shall not be in effect until all such Bonds are furnished and approved by the OWNER. 4.20 OBSERVATION AND TESTING Add the following paragraph to the end of Article 4.20• All testing required by this Contract for acceptance of the Work shall be completed and indicate satisfactory results prior to issuance of a Certificate of Substantial Completion. 07/2006 00800- 1 of 2 CITY OF PEARLAND SPECIAL CONDITIONS OF AGREEMENT 5 01 TIME AND ORDER OF COMPLETION Add the following paragraph to the end of 5 01 All time worked on holidays,Sundays,and other than 7.30 AM to 4.30 PM Monday through Saturday (normal working hours) shall be considered overtime hours with respect to City personnel. CONTRACTOR shall pay all costs for overtime work by City personnel necessitated by CONTRACTOR'S election to work other than normal working hours as described above. END OF SECTION C C1 07/2006 00800-2 of 2 I � 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. c r- 1 07/2006 00811 - 1 of 2 1 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION r Table 00811-A l PREVAILING WAGE RATES FOR ENGINEERING CONSTRUCTION CLASSIFICATION RATE CLASSIFICATION RATE ASPHALT RAKER 8.28 ASPHALT PAVING MACHINE 10 05 i ASPHALT SHOVELER 7 45 BROOM OR SWEEPER OPERATOR 8.01 HATCHING 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 1 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 1 LABORER-UTILITY 8.53 FRONT END LOADER 9.29 C 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 i' PAINTER-STRUCTURES 14.00 ROLLER,STEEL WHEEL PLANT 9.25 }-- MIX PAVEMENTS PILEDRIVER 10.96 ROLLER,STEEL WHEEL OTHER 7.61 FLATWHEEL OR TAMPING , PIPE LAYER 8.49 ROLLER,PNEUMATIC, SELF PROPELLED 7.96 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 1 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 DRIVER-LOWBOY/FLOAT 11.29 WELDER 10 43 END OF SECTION ; 07/2006 00811 -2 of 2 1 CITY OF PEARLAND TECHNICAL SPECIFICATIONS DIVISION 1 J I t TECHNICAL SPECIFICATIONS DIVISION 1 C GENERAL REQUIREMENTS 07/2006 CITY OF PEARLAND SUMMARY OF WORK Section 01100 SUMMARY OF WORK 1.0 GENERAL 1.01 SECTION INCLUDES r- A A summary of the Work to be performed under this Contract,work by Owner,Owner furnished products, Work sequence, future Work, Contractor's use of Premises, and Owner occupancy 1.02 WORK COVERED BY CONTRACT DOCUMENTS A Work of the Contract is for the construction of the State Highway 35 Trunk Sanitary Sewer Project 2, from John Lizer Road to Industrial Drive including: 910 linear feet of 10-inch sanitary sewer,5,380 linear feet of 12-inch sanitary sewer, 1,990 linear feet of 18-inch sanitary sewer,3,217 linear feet of 24-mch sanitary sewer,4,383 linear feet of 30-inch sanitary sewer, with all necessary manholes and service reconnections; abandonment and demolition of an existing lift station, and site restoration. 1.03 WORK BY OWNER CA Owner will provide operations assistance with the existing lift station during abandonment. Owner may salvage lift station mechanical and electrical equipment following removal by Contractor 1.04 ALTERNATE BIDS A Volunteer alternates (any alternate not specified in the Bid Proposal) will not be considered in the evaluation of the Bid Proposals. 1.05 WORK SEQUENCE A Contractor shall limit the length of work zone along the State Highway 35 to no more than 1000-feet at a time. B Contractor to submit project schedule to Engmeer&Owner for approval as specified in Section 01300—Submittals. i C Contractor shall coordinate the Work with the Engineer and Owner as specified in Section 01040 - Coordination and Meetings. 1.06 CONTRACTOR'S USE OF PREMISES A Comply with procedures for access to the site and Contractor's use of rights-of-way as , specified in Section 01140- Contractor's Use of Premises. B Contractor shall be responsible for all utilities required for construction. 07/2006 01100- 1 of 2 1 11 CITY OF PEARLAND SUMMARY OF WORK C 1.07 OWNER OCCUPANCY A Cooperate with the Owner to minimize conflict, and to facilitate the Owner's operations. Coordinate Contractor's activities with Engineer B Schedule Work to accommodate this requirement. 2.0 PRODUCTS-NotUsed 3.0 EXECUTION-NotUsed END OF SECTION 07/2006 01100-2 of 2 CITY OF PEARLAND TECHNICAL SPECIFICATIONS DIVISION 2 r TECHNICAL SPECIFICATIONS DIVISION 2 SITE WORK I- 07/2006 CITY OF PEARLAND SPECIAL PROVISION- CONCRETE MANHOLES AND ACCESSORIES SPECIAL PROVISION Section SP02542 CONCRETE MANHOLES AND ACCESSORIES The following special provision modifies Standard Technical Specification Section 02542. Where a portion of the Standard Specification is expanded,modified, or deleted by this Special Provision, the unaltered portions of the Standard Specification remains in effect. 1 Delete Paragraph 2.09 in its entirety and replace with the following: 2.09 CORROSION PROOF& CORROSION RESISTANT MANHOLE MATERIALS A Provide one of the following as indicated on the Plans. 1 Corrosion Proof-Precast cylindrical polymer concrete manhole sections,base sections, and cone sections by one of the following, or approved equal. a. Fabri-Kast® SCP Manhole Components by United Polymer Technology b Meyer Polycrete Manholes by Amitech USA,LLC. 2. Corrosion Resistant-Precast cylindrical portland cement concrete manhole sections, base sections, and cone sections with one of the following factory applied internal coatings, or approved equal. a. NeoPoxyTM NPR-5300 Series "PureEpoxy" spray on epoxy liner and other required fillers/sealants per manufacturer's recommendations. 1) NeoPoxy NPR-3501 high tensile elongation epoxy elastomeric gout and sealant. 2) NeoPoxy NPR-5305 trowelable epoxy filler, grout and sealant, 3) Chemical and cementitious rapid set hydraulic grouts such as Strong-Plug, Strong-Seal QSR,Quadex Hyperform and Quadex Hydro-Plug,or other equivalents pre-approved by the engineer 4) NeoPoxy P-88 ultraviolet light resistant topcoat. b EMACO liner(contact City of Pearland Public Works Department for specific type and required thickness) {- c Raven liner (contact City of Pearland Public Works Department for specific type and required thickness). END OF SPECIAL PROVISION 07/2006 SP02542- 1 of 1 L- CITY OF PEARLAND APPENDIX A ,1 r { 1 ' APPENDIX A C. 07/2006 CITY OFPEARLAND STORM WATER POLLUTION PREVENTION PLAN I STORM WATER POLLUTION PREVENTION PLAN 07/2006 Appendix A_SWPPP- 1 of 15 r CITY OF PEARLAND STORM WATER POLLUTION PREVENTION PLAN C STORM WATER POLLUTION PREVENTION PLAN This Storm Water Pollution Prevention Plan (SWPPP) is prepared in accordance with the TPDES General Permit for Storm Water Discharges from Construction Sites. A copy of this page shall be posted at the project site in addition to the Notice of Intent: PROJECT DESCRIPTION State Highway 35 Trunk Sanitary Sewer Project 2 from John Lizer Road to Industrial Drive (Project Name) Topography is relatively flat with a down slope in a southeasterly direction. The John Lizer Road 24" Sanitary Sewer improvements are to install a samtary sewer system between Main Street (State Highway 35) and Pearland Parkway Existing drainage is roadside ditches. Project Name and Location f,._. Name State Highway 35 Trunk Sanitary Sewer Project 2 from John Lizer Road to Industrial Drive Location. Latitude: 29°34'57" Longitude 95°16'35" Brazoria County,Texas Owner Name and Address The City of Pearland ' 3519 Liberty Drive, 3rd Floor Pearland, Texas 77581 , State Highway 35 Trunk Sanitary Sewer Project 2 - SWPPP PLAN from John Lizer Road to Industrial Drive (Project Name) C 07/2006 Appendix A_SWPPP-2 of 15 _ CITY OFPEARLAND STORM WATER POLLUTION PREVENTION PLAN ! i 1. SITE DESCRIPTION: A. Description of Construction Activity Work of the Contract is for the construction of the State Highway 35 Trunk Sanitary Sewer. Project 2, from John Lizer Road to Industrial Drive including: 910 linear feet of 10-inch sanitary sewer, 5,380 linear feet of 12-inch sanitary sewer, 1,990 linear feet of 18-inch sanitary sewer, 3,217 linear feet of 24-inch sanitary sewer, 4,383 linear feet of 30-inch sanitary sewer, with all necessary manholes and service reconnections, abandonment and demolition of an existing lift station, and site restoration. B Sequence of Major Activities r The project is expected to take approximately 14 months, depending on weather conditions. The stabilized construction access, staging, field office, and parking will be constructed first. 1 Proposed sanitary sewer lines and existing utilities will be located at the site. 2. Excavation for proposed sanitary sewer system. —C 3 Install proposed sanitary sewer system 4 Fill&compact soil to match existing grade. 5 Seed/Repair and replace pavement C. Estimated Total Site,Disturbed Area. The total project site is approximately 16 4 acres (±15,900' by ±45'). The disturbed portion of this project includes existing vegetated areas that will be seeded to match that of original condition. The total disturbed area is 9 1 acres. The total 16 4 acre project site will drain to existing roadside drainage systems. { D Runoff Coefficient: 1) The runoff coefficient "C" prior to beginning construction of the proposed project is approximately 0.33 See calculations below Runoff Coefficient Description Percentage of Land 0 95 Concrete/Asphalt 2 Ac. = 12% 0.25 Flat,Pasture 14 4 Ac. = 88% 12% (0.95)+88%(0.25)=0.33 07/2006 Appendix A_SWPPP-3 of 15 f � CITY OFFEARLAND STORM WATER POLLUTION PREVENTION PLAN 2) There will be a net export of excavated soils from the site, due to installation of sewer pipe below natural ground. Since the topography will not be altered,the runoff coefficient will remain the same. E. Site Map Site Construction Plans. F Name of Receiving Water and Extent of Wetlands. - i The site drains to Clear Creek. There are no wetlands on this project. 2. EROSION AND SEDIMENTATION CONTROLS Major erosion and sediment controls used on this project. A. Stabilization Practices 1) Stabilized construction exits will be provided at major access points using crushed stone. 2) The on-site staging and parking area will be stabilized using crushed stone. 3) At the completion of work, all disturbed areas that are not paved will be hydromulch seeded. 4) All disturbed areas which are to be free from construction activity for 21 days or more shall be stabilized with temporary seeding within 14 days of f ' the end of the construction activity B Structural Practices ! ! 1) Reinforced Filter Fabric Barriers will be placed across and perpendicular to the roadside ditches at intervals not to exceed 1,000' to collect sediment. 2) Filter fabric fences shall be constructed along disturbed that slope away from the construction area to collect sediment before runoff enters drainage ditches. 3) Stabilized construction exit with crushed stone will be established near the staging/parking area for trucks and equipment leaving the site. In the event wash water is used, the wash water will be routed to a sediment pit or trap prior to release into a drainage swale or storm sewer 4) Water pumped from trenches during dewatenng operations will be discharged into a sediment pit or trap with eventual discharge into the drainage swales or storm sewer 07/2006 Appendix A_SWPPP-4 of 15 CITY OF PEARLAND STORM WATER POLLUTION PREVENTION PLAN 5) Trench excavation spoils not immediately hauled off will be backfilled into the trenches in a continuous operation. Excavated material required for backfilling will be placed next to the trenches, but no closer than half the depth of the trench,for safety reasons. C. Storm Water Management 1) Reinforced Filter Fabric Barriers will be placed across and perpendicular to the roadside ditches where ditches enter/leave the project site to collect sediment to the extent practicable. D Other Controls 1) Waste Materials - All waste materials will be collected and stored in the dumpsters meeting all local and state solid waste management regulations prior to removal from site. The trash and debris will be hauled to an { approved landfill site and no construction debris will be buried on site. 2) A stabilized construction entrance/exit will be provided to help reduce vehicle tracking of sediments. 3) Street sweeping will be done on a daily basis during the construction period on all paved street surfaces adjacent to the project site, and to the extent necessary to keep adjacent streets clean of construction debris and soils as per specification Section 01566 - Source Controls for Erosion and Sedimentation. 4) The proposed project will be in compliance with applicable state and local waste disposal and sanitary sewer regulations. 5) Wash water/concrete truck wash water, if used, will be directed to a sediment pit or trap with eventual discharge into drainage swales or storm sewers. E. There is no approved state or local site plan requirement for storm water management or erosion and sediment control. 3. MAINTENANCE A. Maintenance and repair for all stabilization, erosion and sediment control measures will be conducted within 24 hours of inspection report(see Paragraph 4 below). B Sediment will be removed from behind the filter fabric fences when it becomes about 1/3 the height of device. 07/2006 Appendix A_SWPPP-5 of 15 CITY OFFEARLAND STORM WATER POLLUTION PREVENTION PLAN C. Sediment will be removed from sediment traps or basin when storage capacity has been approximately 50%filled. D All temporary controls will be removed after the disturbed areas have been stabilized and a vegetative cover density of 70%is established. E. Any sediment in the storm sewer inlets will be removed. 4. INSPECTIONS A. Each Contractor will designate a qualified person or persons to perform the following inspections. 1) Disturbed areas and areas used for storage of materials that are exposed to precipitation will be inspected for evidence of, or the potential for, pollutants entering the drainage system. 2) Erosion and sediment control measures identified in the plan will be observed to ensure that they are operating correctly 3) Where discharge locations or points are accessible,they will be inspected to ascertain whether erosion control measures are effective in preventing _r significant impacts to receiving waters. 4) Locations where vehicles enter or exit the site will be inspected for evidence —4 of off-site sediment tracking. This inspection will be conducted by the responsible person at least once every 7 calendar days and within 24 hours after storm of 0.5 inch or greater After a portion of the site is finally stabilized, inspection will be conducted at least once every month. _ B. Based on the results of the inspection, the site description (Section 1) and control measures (Section 2) of the SWPPP will be revised as appropriate, but in no case later than 7 calendar days following the inspection. C A report summarizing the scope of the inspection, names(s) and qualifications of personnel making the inspection, the date(s) of the inspection, major observations relating to the implementation of the storm water pollution plan, and actions taken in accordance with item "B" above will be made and retained as part of the storm water pollution prevention plan for at least three years from the date of the site is finally stabilized. The report will be signed in accordance with Part VI. G of the TPDES General Permit. C, Copies of the forms to be used for the Inspection and Maintenance report are included herein as a part of this SWPPP 07/2006 Appendix A_SWPPP-6 of 15 CITY OFFEARLAND STORM WATER POLLUTION PREVENTION PLAN 5. NON-STORM WATER DISCHARGES. A. All water discharged from fire hydrants and water lines will be discharged onto a impervious material (i.e., concrete pavement) and routed through an inlet protection barrier prior to entering storm sewer B Excess water from vehicle cleaning areas will be routed to sediment pit or traps prior to entrance into storm sewer C. All excess water from dust control, temporary or permanent seeding, sodding, and landscaping will be routed to sediment traps or inlet protection barriers prior to routing into storm sewer 6. CONSTRUCTION SITE HOUSEKEEPING BEST MANAGEMENT PRACTICES (BMP'S) Spill Prevention The following are the material management practices that will be used to reduce the risk of spills or other accidental exposure of materials and substances to storm water runoff. Good Housekeeping ,C The following good housekeeping practices will be followed on-site during the construction project. A. An effort will be made to store only enough product required to do the job. jB All materials stored on-site will be stored in a neat, orderly manner in the appropriate containers and, if possible,under a roof or other enclosure. C. Products will be kept in their original containers with the original manufacturer's label. ( D Substances will not be mixed with one another unless recommended by the manufacturer E. Whenever possible, all of a product will be used up before disposing of the container F Manufacturers recommendations for proper use and disposal will be followed. G The site superintendent will inspect daily to ensure proper use and disposal of materials on-site. 07/2006 Appendix A_SWPPP-7 of 15 ICI CITY OFPEARLAND STORM WATER POLLUTION PREVENTION PLAN H. All spills, regardless of size, will be cleaned-up expediently and within the regulations of state and local rules and regulations. I. Reportable quantity spills will be reported to the State of Texas and the EPA immediately J All materials used to clean-up spills of fuels, lubricants, solvents, fertilizers, herbicides, and other related items will be disposed of off-site in appropriate hazardous waste landfill. K. Separate areas to be used for equipment fueling, maintenance, and lubrication will be designated. Area will contain within a berm to prevent the flow of material to storm water L. On-site storage of raw or bulk material will be kept to a minimum. Any such i materials will be surrounded with a filter fabric fence. 7. CERTIFICATIONS Certification forms required to be executed by the Contractor as required in the General Permit are provided herem. The Contractor and the City of Pearland are listed as co- permittees for the General Permit and each will be required to execute a Notice of Intent (NOI) form. li The Contractor shall complete and submit to the City of Pearland a Contractor/Sub-Con- tractor list of names and addresses which will identify the responsibilities for construction activity during the contract. Each sub-contractor's responsibility with regard to the Storm Water Pollution Prevention Plan will be identified. A copy of the names and address list is included herein. 8. TERMINATION OF COVERAGE Upon completion of the construction and after site stabilization has met all requirements and storm water discharges authorized by permit are eliminated, the City of Pearland and Contractor shall submit a Notice of Termination (NOT). A copy of the NOT form is included herein. 07/2006 Appendix A_SWPPP-8 of 15 CITY OF PEARRLANJ) STORM WATER POLLUTION PREVENTION PLAN OPERATOR'S INFORMATION Owner's Name and Address. City of Pearland 3519 Liberty Drive Pearland, Texas Telephone: Contractor's Names and Addresses: General Contractor Telephone: Site Superintendent: Telephone: Erosion Control and Maintenance Inspection: Telephone: Subcontractor's Names and Addresses. Telephone: Telephone: ( 07/2006 Appendix A_SWPPP-9 of 15 1 CITY OF PEARLAND STORM WATER POLLUTION PREVENTION PLAN CERTIFICATION FOR TPDES PERMITTING I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system to assure that qualified personnel properly gathered and evaluated the information submitted, Based on my inquiry of the person or persons who manage the system,or those persons directly responsible for gathering the information,the information submitted is,to the best of my knowledge and belief,true,accurate and complete. I am aware that there are significant , penalties for submitting false information,including the possibility of fine and imprisonment for knowing violations. Signature: Name: (printed or typed) Title: City of Pearland Date: 07/2006 Appendix A_SWPPP- 10 of 15 CITY OFFEARLAND STORM WATER POLLUTION PREVENTION PLAN CONTRACTOR'S I SUBCONTRACTOR'S CERTIFICATION I certify under penalty of law that I understand the terms and conditions of the general Texas Pollutant Discharge Elimination System(TPDES)permit that authorizes the storm water discharges associated with industrial activity from the construction site identified as part of this certification.. Signature: Name- (printed or typed) Title: Company- Address. Signature: Name- (printed or typed) C Title: Company: Address: r Signature: Name: (printed or typed) Title: Company: Address: 07/2006 Appendix A_SWPPP- 11 of 15 CITY OFPEARLAND STORM WATER POLLUTION PREVENTION PLAN EROSION CONTROL CONTRACTOR'S INSPECTION AND MAINTENANCE CERTIFICATION I certify under penalty of law that I understand the terms and conditions of the general Texas Pollutant Discharge Elimination System(TPDES)permit that authorizes the storm water discharges associated with industrial activity from the construction site identified as part of this certification. Signature: Name: (printed or typed) Title: Company Address. Date: _i ii 07/2006 Appendix A_SWPPP- 12 of 15 CITY OFFEARLAND STORM WATER POLLUTION PREVENTION PLAN AUTHORIZATIION TO INSPECT CONSTRUCTIONPROJECT FOR COMPLIANCE WITH THE STORM WATER POLLUTION PREVENTION PLAN UNDER THE PROVISIONS OF I I NPDES CONSTRUCTION GENERAL PERMIT (TXR150000) FOR STORM WATER DISCHARGES FROM CONSTRUCTION ACTIVITIES. PROJECT DESCRIPTION Project Name: John Lizer Road 24" Sanitary Sewer—Main Street(SH 35)to Pearland Parkway Address: 3000 John Lizer Road City Pearland State: Texas Code• 77581 Latitude: 29°34' 57" Longitude. 95° 16' 35" STATEMENT OF AUTHORIZATION , as the of (print name) (title) (company name) and authorized signatory under the provisions of paragraph VI.G 1 of the NPDES General Permit for Storm Water Discharges from Construction Activities to execute the certifications for the Storm Water Pollution Prevention Plan(SWPPP),Notice of Intent(NOI),Notice of Termination (NOT), and any other documentation required by the General Permit; and as the operator(General • Contractor)with day-to-day operational control over the site activities for the above described construction project; in accordance with paragraph VI.G.2 of the General Permit,do hereby designate and authorize: ,the , for the project, (print name) (title or position) as the individual responsible for performing the required site inspections for compliance with the provisions of the SWPPP, completing and maintaining the associated inspection reports,and executing the required inspection certifications. Signature: Date: Attachment: Qualifications of Inspector I 07/2006 Appendix A_SWPPP- 13 of 15 CITY OFFEARLAND STORM WATER POLLUTION PREVENTION PLAN STORM WATER POLLUTION PREVENTION PLAN REPORT OF INSPECTION [Page One] �- Project: Type of Inspection. Regular(7-day) (check all that apply) Permanently Stabilized Areas (30-day) Storm Related(24-hour) Special. Initial Inspection Routine Maintenance Follow-Up Storm Repair Follow-Up SWPPP Modification Implementation Follow-Up SWPPP Non-Compliance Follow-Up Final Inspection Results of Inspection. No Action Required (check all that apply) Routine Maintenance Required _1 Storm Related Repairs Required SWPPP Modifications Required Remarks. Next Inspection Date/Type: (check one) Scheduled Inspection(7-day or 30-day) —� Routine Maintenance Follow-Up _ Storm Repair Follow-Up SWPPP Modification Implementation Follow-Up SWPPP Non-Compliance Follow-Up Signature: Date: Attachment: Individual Inspection Forms Note: This Report Totals Pages. 07/2006 Appendix A_SWPPP- 14 of 15 CITY OFFF.ARLAND STORM WATER POLLUTION PREVENTION PLAN STORM WATER POLLUTION PREVENTION PLAN REPORT OF INSPECTION [Final Page] Project: DETERMINATION OF COMPLIANCE Determination of the Inspection,the Project Site is in. (check one) Compliance with the SWPPP Non-Compliance with the SWPPP Remarks. NOTE. For guidance in completmg this section. If,for example,the site Erosion and Sedimentation Controls require only routine maintenance or storm related repairs, C_ the Project is still in Compliance as long as these items are addressed per the appropriate provisions of the SWPPP However,if for example,the SWPPP has not been implemented as scheduled on a portion of the site or if violations of Construction Site Housekeeping Best Management Practices are occurring,the Project is in Non-Compliance. STATEMENT OF COMPLIANCE I certify under penalty of law that this document and all attachments were reared under prepared my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information,the information submitted is,to the best of my knowledge and belief,true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. Signature: Date: 07/2006 Appendix A_SWPPP- 15 of 15 City of Pearland B2004-082 John Lizer Road 24"Sanitary Sewer-Main Street(SH 35)To Pearland Parkway Storm Water Pollution Prevention Plan Inspection and Maintenance Report Inspector: Date: Since Last Rainfall: Amount of Last Rainfall Inches ti Stabilization Measures Date since Date of Next Stabilized Location Last Disturbance Stabilized? With? Condition Disturbed Page of City of Pearland B2004-082 John Lizer Road.24" Sanitary Sewer-Main Street(SH 35)To Pearland Parkway Stabilization Required: r Inspection Performed By: On Or Before: Page of City of Pearland B2004-082 John Lizer Road.24" Sanitary Sewer-Main Street(SH 35)To Pearland Parkway Storm Water Pollution Prevention Plan Inspection and Maintenance Report Structural Controls Reinforced Filter Fabric Barrier Location Bottom of Fabric Fabric Torn Or Posts Tipping How Deep Is The Still Buried? Sagging? Over? Sediment? Page of City of Pearland B2004-082 John Lizer Road 24"Sanitary Sewer-Main Street(SH 35)To Pearland Parkway Maintenance Required For Reinforced Filter Fabric Barrier; Inspection Performed By: On Or Before: Page of City of Pearland B2004-082 John Lizer Road 24"Sanitary Sewer-Main Street(SH 35)To Pearland Parkway Storm Water Pollution Prevention Plan Inspection. and Maintenance Report Structural Controls Inlet Protection Barriers Location In Depth Of Condition Of Place/Condition? Sediment Inlet C Page of City of Pearland B2QQ4-Q82 John Lizer Road 24" Sanitary Sewer-Main Street(SH 35)To Pearland Parkway Maintenance Required For Inlet Protection Barrier: C, Inspection Performed By: On Or Before: Page of City of Pearland B2004-082 John Lizer Road 24" Sanitary Sewer-Main Street(SH 35)To Pearland Parkway Storm Water Pollution Prevention Plan Inspection. and Maintenance Report Changes Required For the Pollution Prevention Plan: Inspection Performed By: On Or Before: Page of City of Pearland B2004-082 John Lizer Road 24"Sanitary Sewer-Main Street(SH 35)To Pearland Parkway Reasons For Changes: Inspection Performed By: On Or Before: Page of , Notice of Intent(NOI)for Storm Water TCEQ Office Use Only 1 Discharges Associated with Construction TPDES Permit Number TXR15I—I—I—I—I Activity under the TPDES General Permit GIN Number I I I I I I I I Fee Receipt No. TCEQ IMPORTANT •Use the attached INSTRUCTIONS when completing this form. •After completing this form,use the attached CUSTOMER CHECKLIST to make certain all items are complete and accurate. •Missing,illegible,or inaccurate items may delay fmal acknowledgment or coverage under the general permit. Application Fee:You must submit the$100 NOI Application Fee to TCEQ under separate cover(see instructions)using the attached Application Fee submittal form.(DO NOT SEND A COPY OF THE NOI WITH THE APPLICATION FEE SUBMITTAL FORM) Tell us how you paid for this fee: Check/Money Order No. Name Printed on Check: r � ;1‘,,,rr ° �r A. OPERATOR 1. TCEQ Issued Customer Number(CN)(if available): 2. Legal Name(spelled exactly as filed with the Texas Secretary of State,County,or legal document that was used in forming the entity): 3. Mailing Address: Suite No.B1dg.No. 1 City• State: ZIP Code: 4. Phone No. ( ) - Extension: 1 L,' FAX No. E-mail Address: 6. Type of Operator ❑Individual ❑Sole Proprietorship-D.B.A. ❑Partnership El Corporation ❑Federal Government ❑State Government ❑County Government 0 City Government ❑Other 7 Independent Operator ❑Yes ❑No (If governmental entity or a subsidiary or part of a larger corporation,check"NO") 8. Number of Employees: ❑0-20; ❑21-100; ❑101-250; ❑251-500;or ❑501 or higher 9 Business Tax and Filing Numbers(not applicable to Individuals,Government,General Partnerships,and Sole Proprietorship-D.B.A). State Franchise Tax ID Number Federal Tax ID: TX SOS Charter(filing)Number DUNS Number (If known) , B. BILLING ADDRESS (The Operator is responsible for paying the annual fee.) ❑ Same As Operator(check if address is the same,then proceed with Section C.) 1. Billing Mailing Address: Suite No.Bldg.No. City• State: ZIP Code: 2. Billing Contact(Attn or C/O): 3. Country Mailing Information(if outside USA)Territory. Country Code: Postal Code: 1 - 4. Phone No. ( ) - Extension: ( 5 FAX No. E-mail Address: x. / r TCEQ-20022(07/12/2004) Page 1 of 3 C. APPLICATION CONTACT(If TCEQ needs additional information regarding this application,who should be contacted? 1. Name: Title: Company. C2. Phone No. ( ) - Extension: 3. FAX No. E-mail Address: D. REGULATED ENTITY(RE)INFORMATION ON PROJECT OR SITE 1. TCEQ Issued RE Reference Number(RN)(if available): 2. Name of Project or Site: 3. Physical Address of Project or Site: (enter in spaces below) Street Number Street Name: City(nearest to the site): ZIP Code(nearest to the site): County(Counties if>1): 4 If no physical address(Street Number&Street Name),provide a written location access description that can be used for locating the site: (Ex. 2 miles west from intersection of Hwy 290&IH35 on Hwy 290 South) 5. Latitude: N Longitude: W 6. Standard Industrial Classification(SIC)code: 7 Describe the activity related to the need for this authorization at this site(do not repeat the SIC and NAICS code) C8. Is the project/site located on Indian Country Lands? l Yes No If Yes,you must obtain authorization through EPA,Region VI. E. SITE MAILING ADDRESS(address for receiving mail at the site) 0 Same As Operator(check if address is the same,then proceed with Section F) Mailing Address: Suite No.Bldg.No. City State: ZIP Code: F GENERAL CHARACTERISTICS 1. Has a Pollution Prevention Plan been prepared as required in the general permit? D Yes El No If No,coverage may be denied as the PPP is required at the time the NOI is submitted to TCEQ 2. Provide the estimated area of land disturbed(to the nearest acre): Acres 3. Provide the name of the receiving water body(local stream,lake,drainage ditch),MS4 Operator(if applicable)and the segment number where storm water runoff will flow from the construction site. MS4 Operator Receiving Water Body Segment TCEQ-20022(07/12/2004) Page 2 of 3 G. CERTIFICATION C I, Typed or printed name Title(Required) certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system,or those persons directly responsible for gathering the information,the information submitted is,to the best of my knowledge and belief,true,accurate, and complete. I am aware there are significant penalties for submitting false information,including the possibility of fine and imprisonment for knowing violations. I further certify that I am authorized under 30 Texas Administrative Code§305.44 to sign and submit this document,and can provide documentation in proof of such authorization upon request. Signature: Date: (Use Blue Ink) � 1 TCEQ-20022(07/12/2004) Page 3 of 3 Did you complete everything? Use this checklist to be sure! �- Are you ready to mail your form to TCEQ? Go to the General Information Section of the Instructions for mailing addresses. Have you also mailed your check and Payment Submittal Form to the Cashier's office? Go to the end of this document for the Payment Submittal Form. Customer GP TXR150000 Notice of Intent Checklist d This checklist is for use by the operator to ensure a complete application. Missing information may result in denial of coverage under the general permit.(See NOI Process description in the Instructions) ElApplication Fee was sent to TCEQ's Financial Administration and the check information is listed. OPERATORINFORMATION-Confirm each item is complete: ❑ Customer Number issued by TCEQ Central Registry(if you have it) ❑ Legal Name as filed to do business in Texas (Call TX SOS 512/463-5555) ❑ Operator Mailing Address is complete&verifiable with USPS. www.usps.com ❑ Phone Numbers/E-mail ❑ Type of Operator(Entity Type) ❑ Independent Operator ❑ Number of Employees ❑ For Corporations or Limited Partnerships-Tax and Filing numbers ElBilling Address is complete&verifiable with USPS. www.usps.com ElApplication Contact-a contact person for TCEQ to call is listed REGULATED ENTITY(RE)INFORMATION-Confirm each item is complete: ❑ Regulated Entity Reference Number(RN) (if you have it) ❑ Site/Project Name/Regulated Entity ❑ Site/Project(RE)Physical Address Please do not use a rural route or post office box for a site location ❑ Latitude and Longitude http://www.tnrcc.state.tx.us/gis/drgview.html or www.terraserver.microsoft.com/advfind.aspx. ❑ Standard Industrial Classification(SIC)code http://www.osha.gov/oshstats/sicser.html and business description ❑ Indian Country Lands-your answer was NO 1 ❑ Site Mailing Address(checked same as operator or gave a complete&verifiable with USPS. www.usps.com GENERAL CHARACTERISTICS-Confirm each item is complete: ❑ Pollution Prevention Plan(PPP)must be"Yes" ❑ Area of Land Disturbed(nearest acre) ❑ MS4 Operator,Receiving Water Body or Segment ❑ CERTIFICATION Signature meets 30 Texas Administrative Code(TAC)§305.44 and is original. TCEQ-20022-Customer Checklist (07/12/2004) Pagel of 1 I _i Notice of Intent(NOI)for Storm Water Discharges Associated with Construction Activity under the TPDES General Permit(TXR150000) TCEQ General Information and Instructions GENERAL INFORMATION Where to Send the Notice of Intent(NOI): BY REGULAR U.S.MAIL BY OVERNIGHT/EXPRESS MAIL Texas Commission on Environmental Quality Texas Commission on Environmental Quality Storm Water&Pretreatment Team;MC-228 Storm Water&Pretreatment Team;MC-228 P.O.Box 13087 12100 Park 35 Circle Austin,Texas 78711-3087 Austin,TX 78753 It is recommended that the NOI be mailed using a method that documents the date mailed. TCEQ Contact list: Application Processing Questions relating to the status and form requirements: 512/239-3700&E-mail at"swpermit@tceq.state.tx.us" Technical Questions relating to the general permit: 512/239-4671 Environmental Law Division: 512/239-0600 Central Records for obtaining copies of forms submitted to TCEQ. 512/239-0900 Information Services for obtaining reports from program data bases(as available): 512/239-DATA(3282) Financial Administration's Cashier's office for receipt of payment: 512/239-0357 or 512/239-0187 Notice of Intent Process: When your NOI is received by the program,the form will be processed as follows: 1. Administrative Review Each item on the form will be reviewed for a complete response.In addition,the operator's legal number must be verified with Texas Secretary of State as valid and active(when applicable). The address on the form must be verified with the US Postal service as an address receiving regular mail delivery(never give an overnight/express mailing address). 2. Notice of Deficiency If an item is incomplete or not verifiable as indicated above,a notice of deficiency(NOD)will be mailed to the operator. The operator will have 30 days to respond to the NOD The response will be reviewed for completeness;and if complete, 3. Acknowledge Coverage: We will mail an Acknowledgment Certificate to the operator. This certificate acknowledges coverage under the general permit. -or- Denial of Coverage: If the operator fails to respond to the NOD,we may deny coverage under the general permit. If coverage is denied,we will notify the operator. General Permit(Your Permit) Provisional coverage under the general permit begins two days followingthe datethat the NOI was postmarked. You should have a copy of the general permit when submitting your application. You may view and print the general permit for which you are seeking coverage on the TCEQ web site www.tceq.state.tx. General Permit Forms The Notice of Intent and Notice of Termination forms(with instructions)are available in Adobe Acrobat PDF format on the TCEQ web site www.tceq.state.tx.us. Change in Operator An authorization under the general permit is not transferable. If the operator of the regulated entity changes,the present permittee must submit a Notice of Termination and the new operator must submit a Notice of Intent. The NOT and NOI must be submitted not later than 10 days prior to the change in ( operator status. TCEQ-20022-Instructions (07/12/2004) Page 1 of 6 Notice of Change A Notice of Change letter must be submitted with supplemental or corrected information within 14 days following the time when the operator becomes aware that it failed to submit any relevant facts or incorrect information in the NOI,or the time when relevant facts in the NOI change(i.e.addresses,or phone numbers). Notice of Termination A permittee shall terminate coverage under this general permit through the submittal of a NOT when the operator or owner of the facility changes,the discharge becomes authorized under an individual permit,or the use of the property changes and is no longer subject to regulation under this general permit. TCEQ Central Registry Core Data Form The Core Data From has been incorporated into this form. Do not complete and attach a core data form when submitting this application. After final acknowledgment of coverage under the general permit,the program will transfer the core data to the agency Central Registry for assignment of a Customer Number and Regulated Entity Number. You can find this information on our web site atwww.tceq.state.tx.us.where you can query the Central Registry under the regulated entity number,or by your permit number under the search field labeled "Additional ID" Fees are associated with a General Permit The general permit refers to two different fees that apply to operators required to submit a Notice of Intent(NOI). Payment of the fees may be made by check or money order,payable to TCEQ BY REGULAR U.S.MAIL BY OVERNIGHT/EXPRESS MAIL Texas Commission on Environmental Quality Texas Commission on Environmental Quality Financial Administration Division Financial Administration Division Cashier's Office,MC-214 Cashier's Office,MC-214 P.O.Box 13088 12100 Park 35 Circle Austin,TX 78711-3088 Austin,TX 78753 Application Fee:This is a fee that is required to be paid at the time the NOI is submitted. Failure to submit the payment at the time the application is filed will cause delays in acknowledging coverage or denial of cover under the general permit. This payment must be submitted separately using the Payment Submittal Form. If submitting one check or money order for multiple NOI's,list each site name and location exactly as provided on the NOI. Annual Water Quality Fee:This is a fee that is assessed to operators with an active authorization under the general permit on September 1 of each year. The operator will receive an invoice for payment of the annual fee in November of each year. The payment will be due 30 days from the invoice date.A 5% penalty will be assessed if the payment is received by TCEQ after the due date. Annual fee assessments cannot be waived as long as the authorization under the general permit is active on September 1. It's important for the operator to submit allotice of Termination(NOT)when coverage under the general permit is no longer required.A NOT is effective on the postmarked date of mailing the form to TCEQ. It is recommended that the NOT be mailed using a method that documents the date mailed. INSTRUCTIONS FOR FILLING OUT THE FORM A. OPERATOR (As defined in the general permit.) 1. TCEQ Issued Customer Number(CN) TCEQ's Central Registry will assign each customer a number that begins with"CN,"followed by nine digits.This is not a permit number,registration number,or license number • If this customer has not been assigned a Customer Reference Number,leave the space for the Customer Reference Number blank. • If this customer has already been assigned this number,enter the operator's Customer Reference Number in the space provided. 2. Legal Name Provide the legal name of the facility operator,as authorized to do business in Texas. The name must be provided exactly as filed with the Texas Secretary of State(SOS),or on other legal document formingthe entity that is filed in the county where doing business. You may contact the SOS at 512/463-5555,for more information related to filing in Texas. If filed in the county where doing business,provide a copy of the legal documents showing the legal name. TCEQ-20022-Instructions (07/12/2004) Page 2 of 6 3. Operator Mailing Address Provide a complete mailing address for this customer to receive mail from the TCEQ. The address must be verifiable with the US Postal Service at www.usus.com. for regular mail delivery(not overnight express mail). If you find that the address is not verifiable usingthe USPS web search,please indicate the address is used by the USPS for regular mail delivery If this is a street address,please follow US Postal Service standards.In brief,these standards require this information in this order: # the"house"number—for example,the 1401 in 1401 Main St if there is a direction before the street name,the one-or two-letter abbreviation of that direction(N,S,E,W,NE,SE,SW,or NW) the street name(if a numbered street,do not spell out the number—for example,6th St,not Sixth St) # an appropriate abbreviation of the type of street—for example,St,Ave,Blvd,Fwy,Exwy,Hwy,Cr,Ct,Ln # if there is a direction after the street name,the one-or two-letter abbreviation of that direction(N,S,E,W,NE,SE,SW,or NW) # if there is a room number,suite number,or company mail code City,State,and ZIP Code Enter the name of the city,the two-letter USPS abbreviation for the state(for example,TX),and the ZIP Code.(Enter the full ZIP+4 if you know it.) Country Mailing Information If this address is outside the United States,enter the territory name,country code,and any non-ZIP mailing codes or other non—U.S.Postal Service features here.If this address is inside the United States,leave these spaces blank. Operator Electronic Communications 4. Phone Number This number should correspond to this customer's mailing address given earlier.Enter the area code and phone number here.Leave"Extension"blank if this customer's phone system lacks this feature. 5. Fax Number and E-mail Address This number and E-mail address should correspond to operator's mailing address given earlier.(Optional Information) 'C' 6. Type of Operator Check only one box that identifies the type of entity Use the descriptions below to identify the appropriate entity type: Individual is a person and has not established a business to do whatever causes them to be regulated by us. Sole Proprietorship—D.B.A. is a business that is owned by only one person and has not been incorporated.This business may • be under the person's name • have its own name("doing business as,"or d.b.a.) • have any number of employees Partnership is a business that is established as a partnership as defined by the Texas Secretary of State's Office. Corporation meets all of these conditions: • is a legally incorporated entity under the laws of any state or country • is recognized as a corporation by the Texas Secretary of State • has proper operating authority to operate in Texas. Federal,state,county, or city government(as appropriate) is either an agency of one of these levels of government or the governmental body itself. Other fits none of the above descriptions.Enter a short description of the type of customer in the blank provided. 7 Independent Operator Check"No"if this customer is a subsidiary,part of a larger company, or is a governmental entity Otherwise,check"Yes." 8. Number of Employees Check one box to show the number of employees for this customer's entire company,at all locations.This is not necessarily the number of employees at ( the site named in this NOI. TCEQ-20022-Instructions (07/12/2004) Page 3 of 6 9. State Franchise Tax ID Number Corporations and limited liability companies that operate in Texas are issued a franchise tax identification number.If this customer is a corporation or limited liability company,enter this number here. Federal Tax ID All businesses,except for some small sole proprietors,should have a federal taxpayer identification number(TIN). Enter this number here.Use no prefixes,dashes,or hyphens.Individuals and sole proprietors do not need to provide a federal tax M. TX SOS Charter(filing)Number Corporations and Limited Partnerships required to register with the Texas Secretary of State are issued a charter or filling number. You may obtain further information by calling SOS at 512/463-5555 or www.sos.state.tx.us DUNS Number Most businesses have aDUNS(DataUniversal Numbering System)number issued by Dun and Bradstreet Corp.If this customer has one,enter it here. •.v B. BILLING ADDRESS An annual fee is assessed to an operator holding an active authorization under the general permit September 1 of each year. Provide the complete mailing address where the annual fee invoice should be mailed.Verify the address with the USPS ensuring it to be an address for delivery of regular mail(not overnight express mail). Also,provide a phone number of the office responsible for payment of the invoice.The operator is the responsible billing client for payment of annual fee. er; «,..,.....i+................ n...... :...i.., a ,.a..,, s. ,i..l.. .., „1�' ; r... e C. APPLICATION CONTACT Provide the name,title and communication information of the person that TCEQ can contact for additional information regarding this application. v: D. REGULATED ENTITY(RE)INFORMATIO ON PROJECT OR SITE 1. Regulated Entity Reference Number(RN) This is anumberissued by TCEQ's Central Registry to sites regulated by TCEQ (a location where a regulated activity occurs).This is not a permit number, registration number,or license number • If this Regulated Entity has not been assigned a Regulated Entity Number,leave the space for the Regulated Entity Number blank. If this customer has already been assigned this number,enter the operator's Regulated Entity Number. 2. Site/Project Name/Regulated Entity Provide the name of the site as known by the public in the area where the site is located. The name you provide on this application will be used in the TCEQ Central Registry as the Regulated Entity A regulated entity number will be assigned by Central Registry,if this is a new site(not currently regulated by TCEQ). 3. Site/Project(RE)Physical Address Enter the complete address of where the site is located. This address must be validated through US Postal Service or your local police(911 service)as avalid address. Please confirm this to be a complete and valid address. In some rural areas,new addresses are being assigned to replace rural route addresses. Please do not use a rural route or post office box for a site location. Provide the county,city and ZIP code of the area where the project/site is located. This is information is required to complete the processing of your form. 4. No Physical Address If a site does not have an actual physical address that includes a street(or house)number and street name,enter NO ADDRESS for the street name. Then provide a complete written location access description. For example:"The site is located 2 miles west from intersection of Hwy 290&IH35,locate on the southwest corner of the Hwy 290 South bound lane." For projects/sites that includes a large project area,describe the project. For example:"State Highway 45 road project between Highway 620 and IH 35." TCEQ-20022-Instructions (07/12/2004) Page 4 of 6 5. Latitude and Longitude Enter the latitude and longitude of the site in either degrees,minutes,and seconds or decimal form.For help obtaining the latitude and longitude,go to: http://www.tnrcc.state.tx.us/gis/draview.html or www.terraserver.microsoft.com/advfind.asux. C6. Standard Industrial Classification(SIC)code Provide the SIC code that best describes the activity being conducted at the site. Common SIC Codes related to construction activities include:1521 Construction of Single Family Homes;1522 Construction of Residential Bldgs.Other than Single Family Homes;1541 Construction of Industrial Bldgs.and Warehouses;1542 Construction of Non-residential Bldgs.other than Industrial Bldgs.and Warehouses;1611 Highway&Street Construction,except Highway Construction;1622 Bridge,Tunnel,&Elevated Highway Construction; 1623 Water,Sewer,Pipeline&Communications,and Power Line Construction. For help with SIC codes,go to: http://www.osha.gov/oshstats/sicser.html 7 Description of Activity Regulated Provide a description of the activity being conducted at the site. This must be a description specific to what you are doing that requires this authorization. (Do not repeat the SIC Code) 8. Indian Country Lands Ifyour site is located on Indian Country Lands,the TCEQ does not have authority to process your application.You must obtain authorization through EPA, Region VI,Dallas. Do not submit this form to TCEQ. E. SITE MAILING ADDRESS Provide a complete mailing address to be used by TCEQ for receiving mail at the site. In most cases,the address is the same as the operator. If so,simply place a check mark in the box. If you provide a different address,please verify the address with USPS as noted above for the operator address. e r � r F GENERAL CHARACTERISTICS 1. Pollution Prevention Plan(PPP) This plan identifies the areas and activities that could produce contaminated runoff at your site and then tells how you will ensure that this contamination is mitigated.For example,in describing your mitigation measures,your site's plan might identify the devices that collect and filter storm water,tell how those ' devices are to be maintained,and tell how frequently that maintenance is to be carried out.You must develop this plan in accordance with the TCEQ general permit requirements. This plan must be developed and implemented before you complete this NOI. This plan must be available for aTCEQ investigator to review on request. 2. Estimated Area of Land Disturbed Provide the approximate number of acres that the construction site will disturb. Construction activities that disturb less than one acres,unless they are part of a larger common plan that disturbs more than one acre,do not require permit coverage. Construction activities that disturb between one and five acres,unless they are part of a common plan that disturbs more than five acres,do not require submission of an NOI. Therefore,the estimated area of land disturbed should not be less than five,unless the project is part of a larger common plan that disturbs five or more acres. If the acreage is less than 1, enter 1. "Disturb"means any clearing,grading,excavating,or other similar activities. If you have any questions about this item,please call the storm water technical staff at(512)239-4671. 3. Receiving Water Body The storm water from your site eventually reaches a receiving water body such as a local stream or lake,possibly via a drainage ditch. The discharge may initially be into a municipal separate storm sewer system(MS4). If applicable,provide the name of the entity that operates the MS4 where the storm water discharges.An MS4 operator is often a city,town,or utility district,but possibly another form of government. You must provide the name of the water body that receives the discharge from the construction site(a local stream or lake). Storm water may be discharged directly to a receiving stream or through a MS4 If known,please include the segment number if the discharge is to a classified water body TCEQ-20022-Instructions (07/12/2004) Page 5 of 6 G. OPERATOR CERTIFICATION The certification must bear an original signature of a person meeting the signatory requirements specified in under 30 Texas Administrative Code(TAC) §305.44. The printed name and title of the person signing the form must be provided. NOI forms with stamped or copied signatures will not be IC processed. IF YOU ARE A CORPORATION: i The regulation that controls who may sign an NOI or similar form is 30 Texas Administrative Code§305.44(a)(1)(see below). According to this code provision,any corporate representative may sign an NOI or similar form so long as the authority to sign such a document has been delegated to that person in accordance with corporate procedures. By signing the NOI or similar form,you are certifying that such authority has been delegated to you. The TCEQ may request documentation evidencing such authority IF YOU ARE A MUNICIPALITY OR OTHER GOVERNMENT ENTITY The regulation that controls who may sign an NOI or similar form is 30 Texas Administrative Code§305.44(a)(3)(see below). According to this code provision,only a ranking elected official or principal executive officer may sign an NOI or similar form. Persons such as the City Mayor or County Commissioner will be considered ranking elected officials. In order to identify the principal executive officer of your government entity,it may be beneficial to consult your city charter,county or city ordinances,or the Texas statute(s)under which your government entity was formed.An NOI or similar document that is signed by a government official who is not a ranking elected official or principal executive officer does not conform to§305.44(a)(3).The signatory requirement may not be delegated to a government representative other than those identified in the regulation.By signing the NO1 or similar form,you are certifying that you are either a ranking elected official or principal executive officer as required by the administrative code.Documentation demonstrating your position as a ranking elected official or principal executive officer may be requested by the TCEQ. If you have any questions or need additional information concerning the signatory requirements discussed above,please contact the Texas Commission on Environmental Quality's Environmental Law Division at 512/239-0600. 30 Texas Administrative Code §305.44. Signatories to Applications. (a) All applications shall be signed as follows. C (1)For a corporation,the application shall be signed by aresponsible corporate officer.For purposes of this paragraph,a responsible corporate officer means apresident,secretary,treasurer,or vice-president of the corporation in charge of a principal business function,or any other person who performs similar policy or decision-making functions for the corporation;or the manager of one or more manufacturing,production,or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding$25 million(in second-quarter 1980 dollars),if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. Corporate procedures governing authority to sign permit or post-closure order applications may provide for assignment or delegation to applicable corporate positions rather than to specific individuals. (2) For a partnership or sole proprietorship,the application shall be signed by a general partner or the proprietor,respectively (3) For a municipality,state,federal,or other public agency,the application shall be signed by either a principal executive officer or a ranking elected official. For purposes of this paragraph,a principal executive officer of a federal agency includes the chief executive officer of the agency,or a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency(e.g.,regional administrator of the EPA). TCEQ-20022-Instructions (07/12/2004) Page 6 of 6 Texas Commission on Environmental Quality General Permit Payment Submittal Form Use this form to submit your Application Fee. •Complete items 1 through 4 below. •Staple your check in the space provided at the bottom of this document. •Do not mail this form with your NOI form. 'Do not mail this form to the same address as your NOI. Instead,mail this form and your check to: BY REGULAR U.S.MAIL BY OVERNIGHT/EXPRESS MAIL Texas Commission on Environmental Quality Texas Commission on Environmental Quality Financial Administration Division Financial Administration Division Cashier's Office,MC-214 Cashier's Office,MC-214 P O.Box 13088 12100 Park 35 Circle Austin,TX 78711-3088 Austin,TX 78753 To confirm receipt of payment,call the Cashier's office at 512/239-0357 or 239-0187 Fee Code:GPA General Permit:TXR150000 1. Check/Money Order No: 2. Amount of Check/Money Order: 3. Date of Check or Money Order: 4 Name on Check or Money Order: c 5. NOI INFORMATION If the check is for more than one NOI,list each Project/Site(RE)Name and Physical Address exactly as provided on the NOI. DO NOT SUBMIT A COPY OF 1'HE NOI WITH THIS FORM AS IT COULD CAUSE DUPLICATE PERMIT ENTRIES. El See Attached List of Sites (If more space is needed,you may attach a list.) Project/Site(RE)Name: Project/Site(RE)Physical Address: Staple Check In This Space ,( TCEQ-20134 (07/12/2004) Page 1 of 1 Completing the Notice of Termination for Storm Water Discharges Associated with Construction Activity under the TPDES Construction General Permit (TXR150000) CWho May File a Notice of Termination(NOT)Form B. Construction Site Operator Information - Permittees disturbing 5 acres or more(or part of a larger Customer Reference Number I common plan of development or sale disturbing 5 acres or This number designates the operator's status as a TCEQ more)who are presently covered under the Texas "customer"—in other words,an individual or business that is Pollutant Discharge Elimination System(TPDES) involved in an activity that we regulate.We assign each customer Construction General Permit must submit a Notice of a number that begins with"CN,"followed by nine digits.This is not a permit number,registration number,or license number Termination(NOT)when final stabilization has been In the remainder of this section,we will use"this customer'to achieved on all portions of the site that is the responsibility mean the operator for Part B of the form. of the permittee;or another permitted operator has ■ If this customer has not been assigned a Customer assumed control over all areas of the site that have not Reference Number, leave the space for the Customer been finally stabilized and all silt fences and other Reference Number blank. temporary erosion controls have either been removed, • If this customer has already been assigned this scheduled for removal as defined in the SWP3,or number, enter the operator's Customer Reference transferred to a new operator if the new operator has Number sought permit coverage. Erosion controls that are • Do not enter a permit number,registration designed to remain in place for an indefinite period, such number,or license number in place of the as mulches and fiber mats,are not required to be removed Customer Reference Number or scheduled for removal. Final Stabilization occurs when either of the following Name conditions are met: Enter the legal name of this customer as authorized to do business in Texas. Include any abbreviations(LLC, Inc., (a) All soil disturbing activities at the site have been etc.). completed and a uniform(e.g, evenly distributed, Mailing Address without large bare areas)perennial vegetative cover Enter a central and general mailing address for this with a density of 70%of the native background customer to receive mail from the TCEQ. For example,if vegetative cover for the area has been established on this customer is a large company,this address might be all unpaved areas and areas not covered by the corporate or regional headquarters. On the other hand, C' permanent structures, or equivalent permanent for a smaller business,this address could be the same as stabilization measures(such as the use of riprap, the site address. gabions, or goetextiles)have been employed. (b) For individual lots in a residential construction site by If this is a street address,please follow US Postal either Service standards. In brief,these standards require this information in this order (1) the homebuilder completing final stabilization as ■ the"house"number—for example,the 1401 in specified in condition(a) above;or 1401 Main St • if there is a direction before the street name, (2) the homebuilder establishing temporary the one-or two-letter abbreviation of that stabilization for an individual lot prior to the time direction (N, S, E,W, NE,SE,SW,or NW) of transfer of the ownership of the home to the • the street name(if a numbered street,do not buyer and after informing the homeowner of the spell out the number—for example,6th St, not need for,and benefits of,final stabilization. Sixth St) (c) For construction activities on land used for agricultural • an appropriate abbreviation of the type of purposes(e.g. pipelines across crop or range land), street—for example,St,Ave, Blvd, Fwy, Exwy, Cr,final stabilization may be accomplished by returning Hwy, disturbed land to its preconstruction agricultural • if theree is a a direction after the street name,the one- theor two-letter abbreviation of that direction(N,S, E, use. Areas disturbed that were not previously used for W, NE,SE, SW,or NW) agricultural activities,such as buffer strips immediately • if there is a room number,suite number,or adjacent to a surface water and areas which are not company mail code being returned to their preconstruction agricultural use must meet the final stabilization conditions of condition City,State,and ZIP Code (a)above. Enter the name of the city,the two-letter USPS A.TPDES Permit Number abbreviation for the state(for example,TX), and the ZIP Provide the TPDES permit number assigned to the Code. (Enter the full ZIP+4 if you know it.) operator of the construction site. TCEQ-20023-Instructions(09/02) Page 1 of 2 Country Mailing Information E. Certification If this address is outside the United States,enter the The operator must sign and date this statement to validate territory name, country code, and any non-ZIP mailing this NOI Be sure to enter the full legal name of the person codes or other non—U.S. Postal Service features here. If signing the form and the relevant title—for example, this address is inside the United States, leave these "Operator,""Operator's attorney,"or"Senior Site spaces blank. Manager"Use the"Prefix"blank for such titles as Dr., Mr, or Ms., as desired. Use the"Suffix"blank for such Phone Number and Extension designations as Ph.D.,Jr.,Sr, Ill,or J.D., if applicable. This number should correspond to this customer's mailing address given earlier Enter the area code and phone For a corporation,the application shall be signed by a number here. Leave"Extension" blank if this customer's responsible corporate officer A responsible corporate phone system lacks this feature. officer means a president,secretary,treasurer,or vice- president of the corporation in charge of a principal Fax Number business function,or any other person who performs This number should correspond to this customer's mailing similar policy or decision-making functions for the address given earlier Enter the area code and fax number corporation; or the manager of one or more manufacturing, here. production,or operating facilities employing more than 250 persons or having gross annual sales or expenditures E-mail Address exceeding$25 million(in second-quarter 1980 dollars), if As with the mailing address,this should be a general authority to sign documents has been assigned or address that is appropriate for e-mail to this customer's delegated to the manager in accordance with corporate central or regional headquarters, if applicable. procedures. Corporate procedures governing authority to sign permit applications may provide for assignment or C. Project/Site Information delegation to applicable corporate positions rather than to Regulated Entity Reference Number specific individuals. This number designates this site's status as a TCEQ "regulated entity"—in other words,a location where an For a partnership or sole proprietorship,the application activity that we regulate occurs.We assign each regulated shall be signed by a general partner or the proprietor, entity a number that begins with"RN,"followed by nine respectively digits. This is not a permit number,registration number,or license number For a municipality, state,federal, or other public agency, • If this site has not been assigned a Regulated Entity the application shall be signed by either a principal Reference Number, leave the space for the Regulated executive officer or a ranking elected official. For purposes IC Entity Reference Number blank. of this application,a principal executive officer of a federal • If this site has already been assigned this number, agency includes the chief executive officer of the agency, enter the Regulated Entity Reference Number or a senior executive officer having responsibility for the • Do not enter a permit number,registration number, overall operations of a principal geographic unit of the or license number in place of the Regulated Entity agency(e.g. regional administrator of the United States Reference Number Environmental Protection Agency). Name Questions? Enter the name by which you want this site to be known to If you have questions about any of the information on this the TCEQ. form,contact our Storm Water Program at 512/239-4671 or look for"Storm Water"on our Web site: Physical Address www.tceq.state.tx.us Enter the physical address of the site itself TCEQ staff should be able to use this address to find the site. Location Description Enter a physical description of the location of the site based on highway intersections and/or permanent landmarks. City,County,and ZIP Code Enter the name of the city,the county, and the ZIP Code. (Enter the full ZIP+4 if you know it.) D. Contact Give all the relevant information for the person whom TCEQ can contact if there are questions about any of the information on this form—perhaps the same person who completed the form. TCEQ-20023-Instructions(09/02) Page 2 of 2 Notice of Termination (NOT) for Storm TCEQ Office Use Only Water Discharges Associated with TPDES Permit Number TXR15•• •• •• •• ••-NO Construction Activity under the TPDES GIN Number •• •• •• •• •• •• •• •• Construction General Permit(TXR150000) TCEQ . For help completing this application,read the TXR150000 NOI Instructions(TCEQ-20023-Instructions). A. TPDES Permit Number TXR15 B. Construction Site Operator Customer Reference Number CN Name: Mailing Address: City' State:-- Zip Code: Country Mailing Information (if outside USA)Territory' Country Code: Postal Code: Phone Number: Extension: Fax Number E-mail Address: C. Project/Site Information Regulated Entity Reference Number RN Name: Physical Address: Location Access Description: City' County' -- Zip Code: D Contact-If the TCEQ needs additional information regarding this termination,who should be contacted? Name: Title: Phone Number Extension: Fax Number E-mail Address: E. Certification I certify under penalty of law that authorization under the TPDES Construction General Permit(TXR150000)is no longer necessary based on the provisions of the general permit. I understand that by submitting this Notice of Termination, I am no longer authorized to discharge storm water associated with construction activity under the general permit TXR150000, and that discharging pollutants in storm water associated with construction activity to waters of the U S is unlawful under the Clean Water Act where the discharge is not authorized by a TPDES permit. I also understand that the submittal of this Notice of Termination does not release an operator from liability for any violations of this permit or the Clean Water Act. Construction Site Operator Representative: Prefix: First: Middle: Last: Suffix: Title: Signature: Date: If you have questions on how to fill out this form or about the storm water program, please contact us at(512)239-4671 Individuals are entitled to request and review their personal information that the agency gathers on its forms. They may also have any errors in their information corrected.To review such information, contact us at(512)239-3282. The completed NOT must be mailed to the following address: Texas Commission on Environmental Quality Storm Water&General Permits Team, MC -228 P O. Box 13087 Austin, Texas 78711-3087 TCEQ-20023(02/03) Page 1 of 1