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R2007-089 2007-06-11 RESOLUTION NO. R2007-89 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR INSTALLATION OF LANDSCAPING ALONG CULLEN BOULEVARD AND KIRBY DRIVE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City opened bids for landscaping services associated with the Cullen Blvd. and Kirby Drive extensions, and such bids have been reviewed and tabulated. Section 2. That the City Council hereby awards the bid to Gulfcoast Landscape in the amount of $290,500.00. Section 3. The City Manager or his designee is hereby authorized to execute a contract for landscape services associated with the Cullen Blvd. and Kirby Drive extensions. PASSED, APPROVED and ADOPTED this the 11th day of June, A.D., 2007. ~-~>lJ)0 TOM REID MAYOR ATTEST: APPROVED AS TO FORM: ~ ft_~ DARRIN M. COKER CITY ATTORNEY Exhibit "A" Resolution No. R2007-89 BID TABULATION 07-0041 Landscape Development for Cullen Blvd. & Kirby Drive Extension 5/30/2007 PLAN SET # 1 (CULLEN BLVD) I Gulf Coast Houstou I Spec I Landscape Landscape I Item No. Bid Item Description Unit Qtv Services Services BASE BID ITEMS 1 01505 Mobilization (Limit of 3% of Total Bid) LS I 2,500.00 843.00 2 01555 Traffic Control and Regulation During Construction, LS 1 Including Signs and Barricades, in Accordance with 3,800.00 2,250.00 MUTCD, Complete in Place 3 02811 Installation of Landscape Irrigation, complete LS 1 47,975.00 49,520.00 I 4 02931 Installation of Landscape Planting, complete LS 1 33,150.00 30,930.90 5 02811 1 year maintenance of planting (excluding grass) and LS 1 6,500.00 11,391.00 i 02931 irrigation from date of substantial completion 6 , 00610 Performance, Payment, and 1 year Maintenance Bonds LS 1 00611 (excluding grass) 2,875.00 2,303.07 00612 I SUB-TOTAL BASE BID - PLAN SET #1 (CULLEN BLVD.) 96,800.00 97,237.97 ADD ALTERNATE # 1 7 02931 1 year maintenance of grass from date of substantial 8,300.00 completion 22,500.00 8 00612 1 year maintenance bond for grass 700.00 207.50 SUB-TOTAL ADD ALTERNATE 1 - PLAN SET #1 (CULLEN BLVD.) 23,200.00 8,507.50 ! PLAN SET # 2 (KIRBY DRIVE EXTENSION) BASE BID ITEMS 9 01505 Mobilization (Limit of 3% of Total Bid) LS 1 3,000.00 2,150.00 10 01555 Traffic Control and Regulation During Construction, LS 1 Including Signs and Barricades, in Accordance with 5,200.00 4,500.00 MUTCD, Complete in Place 11 02811 Installation of Landscape Irrigation, complete LS I 1 79,875.00 96,475.00 I 12 02931 Installation of Landscape Planting, complete LS 1 I 92,200.00 78,952.50 I 13 02811 1 year maintenance of planting (excluding grass) and LS 1 I 7,800.00 21,132.00 02931 irrigation from date of substantial completion 14 00610 Performance, Payment, and 1 year Maintenance Bonds LS 1 00611 (excluding grass) 5,625.00 2,940.48 00612 i SUB-TOTAL BASE BID - PLAN SET #2 (KIRBY DRIVE EXTENSION) 193,700.00 206,149.98 ADD ALTERNATE # 1 I 15 02931 1 year maintenance of grass from date of substantial 36,120.00 19,357.00 completion 16 00612 1 year maintenance bond for grass 1,080.00 483.92 SUB-TOTAL ADD ALTERNATE #1- PLAN SET #2 (KIRBY DRIVE EXTENSION) 37,200.00 19,840.92 TOTAL BASE BID PROPOSAL (cumulative total ofItems 1- 6 and 9 - 14) 290,500.00 303,387.95 TOTAL ADD ALTERNATE # 1 PROPOSAL (cumulative total of Items 7 - 8 and 15 - 16) 60,400.00 28,348.42 James Carroll Kell - Landscape Architect, Inc. 2110 Briargreen Drive - Houston, Texas 77077 832-379-0482 II_I JaJnes Carroll Kell Landscape i\rchitect. Ine. -- 5/9/07 Cara Nesby City of Pearland 3519 Liberty Drive Pearland, TX 77581 Re: Cullen Blvd. & Kirby Drive Extension Landscape - Bid #2007-022 Cara, Since the City will be maintaining the grass at Cullen and and Kirby during the 1 year maintenance period after project acceptance, Add Alternate #1 is not needed. Therefore, the low bidder for the Base Bid is Gulf Coast Landscape Services at $290,500.00. I recommend that Gulf Coast's bid be accepted. Sincerely, J~ RECEIVED MAY 11 [ City of Pcarland Projects DrpL 2] 10 Briargreen Drive . Houston, Texas i'7077 832/379-0482 . fa': 832/379'1468 jkell(ghouslon.rr.com •t - j 4:R C Y ' Area .._,K •i ..z • - .. •-.L.: .•i,,•. 07,001l- 8 1 • .1'.'' _-3. :[•-^...• _ ,1! - - Project Manual for: Landscape Development for Cullen Blvd. & Kirby Drive Extension City of Pearland, Texas COP Project No.: T70012 & PM 6804 Bid No.: 2007 022 March, 2007 Prepared By: James Carroll Kell — Landscape Architect, Inc 2110 Briargreen Drive —Houston, TX 77077 832/379-0482 Of Project Manual for: Landscape Development for Cullen Blvd. & Kirby Drive Extension City of Pearland, Texas COP Project No.: T70012 & PM 6804 Bid No.: 2007-022 March, 2007 Prepared By: James Carroll Kell — Landscape Architect, Inc 2110 Briargreen Drive — Houston, TX 77077 832/3 79-0482 Project Manual for: Landscape Development for Cullen Blvd. & Kirby Drive Extension City of Pearland, Texas COP Project No.: T70012 & PM6804 Bid No.: 2007-022 March, 2007 Prepared By: James Carroll Kell — Landscape Architect, Inc. 2110 Briargreen Drive — Houston, TX 77077 832/379-0482 CITY OF PEARLAND ADDENDUM NO. # 1 PROJECT: BID NO.: BID DATE: FROM: Section 00900 ADDENDUM NO. # 1 Date: April 30, 2007 Landscape Development for Cullen Blvd. & Kirby Drive Extension 2007-022 May 3, 2007 at 2:00 p.m. James Carroll Kell President James Carroll Kell — Landscape Architect, Inc. 2110 Briargreen Drive Houston, TX 77077 832/379-0482 fax 832/379-1468 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. GENERAL Item no. 1 Questions/Responses from the Pre -Bid Meeting held April 26, 2007 are attached. CHANGES TO SPECIFICATIONS Item no. 2 Section 02921, Hydromulch Seeding: Delete all references to "Weed Control Agent". No herbicide will be required. Item no. 3 Section 02811, Landscape Irrigation: Change item 2.04, A, 1 to read "Rain Bird Model ESP-LX Modular". Item no. 4 Section 00300, Bid Proposal: Substitute the attached Bid Proposal for the Bid Proposal in the Project Manual. Note the addition of Add Alternate bid items. 07/2006 00900- 1 of 2 CITY OF PEARLAND ADDENDUM NO. # 1 Item no. 5 CHANGES TO CONSTRUCTION DRAWINGS Plan set #1 — Cullen Blvd.: Replace the Grass Note on sheets L 1-L4 with the following: "Grass Note: Fine grade all areas disturbed by planting operations and hydromulch per specifications." Item no. 6 Plan set #1 — Cullen Blvd.: Replace Note # 4 on sheets IR1-IR4 with the following note: "Fine grade all areas disturbed by irrigation operations and hydromulch per specifications." Item no. 7 Plan set #1 — Cullen Blvd.: Sheets L 1-L4 — Delete all references to "East Palatka Holly" and substitute "Savannah Holly". Item no. 8 Plan set #1 — Cullen Blvd.: Sheet L5, Plant List & Planting Details — Change Ilex opaca 'East Palatka' to Ilex x Attenuata `Savannah'. Change the size to 45 gallon, 1.5"-1.75" caliper, 8'-10' height. Item no. 9 Plan set #1 — Cullen Blvd.: Sheet L5, Plant List & Planting Details — Change the size of Basham's Pink Crape Myrtle to 45 gallon, 1.5" — 1.75" caliper, 10'-12' height. Item no. 10 Plan set #1 — Cullen Blvd.: Change all references to Rain Bird ESP-LX+ to read "Rain Bird ESP-LX modular." Item no. 11 Plan set #1 — Cullen Blvd.: Sheet IRl — Change Controller "A" to "8 stations (4 used)". Item no. 12 Plan set # 2 — Kirby Drive Extension: Replace Note # 1 on sheets Ll-L4 with the following note: "Fine grade all areas disturbed by planting operations and hydromulch per specifications." Item no. 13 Plan set # 2 — Kirby Drive Extension: Replace Note # 5 on sheets IRI -IR4 with the following note: "Fine grade all areas disturbed by irrigation operations and hydromulch per specifications." Item no. 14 Plan set # 2 — Kirby Drive Extension: Add the following to the plant list on sheet L5: Grass — 65,000 sf — Cynodon Dactylon (or as required by specifications) — Hydromulched seed — Rate per specifications." Item no. 15 Plan set # 2 — Kirby Drive Extension: Change all references to Rain Bird ESP-LX+ to read "Rain Bird ESP-LX modular." END OF ADDENDUM NO. #1 \\7— ,/ (Of Janes Carro e President James Carroll Kell —Landscape Architect, Inc. 07/2006 fse3d- 07 00900- 2 of 2 CITY OF PEARLAND BRAZORIA COUNTY, TEXAS Landscape Development for Cullen Blvd. & Kirby Drive Extension City of Pearland, Texas TABLE OF CONTENTS SECTION TITLE DIVISION 0 — BIDDING AND CONTRACT DOCUMENTS NO OF PAGES 00100 Invitation to Bid 2 00200 Instructions to Bidders 7 00300 Bid Proposal 4 00500 Standard Form of Agreement 7 00610 Perfounance Bond 2 00611 Payment Bond 2 00612 One -Year Mamtenance Bond 2 00700 General Conditions of Agreement 51 00800 Special Conditions of Agreement 1 00811 Wage Scale for Engineering Construction 2 DIVISION 1— GENERAL REQUIREMENTS 01100 Summary of Work 1 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 01500 Temporary Facilities and Controls 9 01505 Mobilization 1 01550 Stabilized Construction Exit 3 01555 Traffic Control and Regulation 4 01562 Waste Material Disposal 3 01570 Trench Safety System 4 01600 Material and Equipment 3 01630 Product Options and Substitutions 3 01730 Cutting and Patching 3 01750 Starting Systems 2 01760 Project Record Documents 2 01770 Contract Closeout 2 07/2006 00010 - 1 of 2 CITY OF PEARLAND TABLE OF CONTENTS DIVISION 2 — SITE WORK 02417 Augering Pipe or Casing for Water Lines 02811 Landscape Irrigation 02921 Hydromulch Seeding 02931 Landscape and Tree Planting END OF SECTION 6 8 4 10 07/2006 00010 - 2 of 2 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 City of Pearland City Secretary s Office, located at 3519 Liberty Drive, Pearland, Texas 77581 until 2:00 p.m., May 3, 2007, at which time they will be publicly opened and read aloud for: Landscape Development for Cullen Blvd and Kirby Drive Extension City of Pearland, Texas COP PN: T70012 and PM6804 BID NO : 2007-022 A mandatory pre -bid conference will be held at the City of Pearland City Hall at 3519 Liberty Drive, Pearland, Texas 77581 at 3:00 p.m. on April 26, 2007. The project will entail landscape planting and landscape irrigation as shown on the construction drawings prepared by James Carroll Kell — Landscape Architect, Inc. The Cullen Blvd project site extends from Northfork Drive on the south to F.M. 518 on the north. The Kirby Drive project site extends from F.M. 2234 on the south to the Sam Houston Tollway on the north. 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 Bidders may obtain a complete set of the Contract Documents, Technical Specifications and Plans from Ridgway s #14, 12907 Westheimer, Houston, Texas, 281/531-9261. The cost of printing the bid documents is to be paid to Ridgway's by the bidder. 07/2006 00100 - 1 of 2 CITY OF PEARLAND INVITATION TO BID 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 in the form of Cashier's Check, Certified Check, or Bid Bond 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 mcluded in the Contract Documents, in the amount of one hundred percent (100%) of the contract price, such bonds to be executed by a corporate surety duly authorized to do business in the State of Texas, and named in the current list of "Treasury Department Circular No. 570", naming the City of Pearland, Texas as Obligee. Additionally, the successful bidder may be required to provide a one year Maintenance Bond for the improvements installed as part of this work, as provided in the Special Conditions of Agreement. Equal Opportunity: All responsible bidders will receive consideration for award of contract without regard to race, color, religion, sex, or national origin. Selection Criteria: In determining to whom to award a contract, the City of Pearland may consider: 1) purchase price; 2) reputation of the Bidder and Bidder's goods or services; 3) quality of Bidder's goods or services; 4) extent to which the goods or services meet the Owner's needs; 5) Bidder s past relationship with the Owner; 6) impact on the ability of Owner to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities; 7) total long -tern 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. Young Lorfmg, TRMC City Secretary First Publication: April 18, 2007 Second Publication: April 25, 2007 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 in the Invitation to Bid may be obtained from the Engineer. 2.2 Complete sets of Bidding Documents must be used in preparing Bid Proposals; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bid Proposals on the Work, and do not confer a license or grant for any other use 3. Qualifications of Bidders 3.1 In determining to whom to award a contract, the City of Pearland may consider, m 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 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. 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 obtam any additional examinations, investigations, explorations tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid Proposal prices for performing and furnishing the Work in accordance with the Contract Time, Contract Price and other terms and conditions of the Contract Documents. 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 4.6 The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. 4.7 The submission of a Bid Proposal will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid Proposal is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5. Interpretations and Addenda 5.1 All questions about the meaning or intent of the Contract Documents are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than five (5) days prior to the date for opening of Bid Proposals may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. 6. Bid Security 6.1 Each Bid Proposal must be accompanied by bid security made payable to Owner in an amount of five percent (5%) of the Bidder's maximum Bid Proposal price, and in the form of a certified check, cashier's check or a Bid Bond ("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 Fonu- 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 by 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 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 10.4 Bid Proposals by partnerships must be executed in the partnership name and signed by a general partner, whose title must appear under the signature, and if a corporate general partner, executed as required above for corporations, and the official address of the partnership must be shown below the signature. 10.5 All names must be typed or printed below the signature 10.6 The Bid Proposal shall contain an acknowledgment of receipt of all Addenda (the number of which must be filled in on the Bid Proposal form). 10.7 The address and telephone number for communications regarding the Bid Proposal must be shown on the Bid Proposal form. 11. Submission of Bid Proposals The place, date and/or time designated for opening Bid Proposals may be changed in accordance with applicable laws, codes and ordinances. Bid Proposals shall be submitted in duplicate at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title and name and address of the Bidder and accompanied by Bid Security. If the Bid Proposal is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation 'BID ENCLOSED" on the face of it. Verbal, facsimile or electronic bids are invalid and will not be considered Bid Proposals submitted after the bid date and time will be returned to the Bidder unopened. 12. Modification and Withdrawal of Bid Proposals 12.1 Bid Proposals may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid Proposal must be executed) and delivered to the place where Bid Proposals are to be submitted at any time prior to the opening of Bid Proposals. A Bidder may not modify or withdraw its Bid Proposal by verbal facsimile or electronic means. A withdrawn Bid Proposal may be resubmitted prior to the designated time for opening Bid Proposals. 12.2 If within twenty-four (24) hours after Bid Proposals are opened any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material mistake in the preparation of its Bid. Proposal, that Bidder may request to withdraw its Bid Proposal and the bid security may be returned or forfeited at the discretion of the Owner. Thereafter, that Bidder will be disqualified from further bidding on the Project to be provided under the Contract Documents. 13. Opening of Bid Proposals 07/2006 00200 - 5 of 7 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS Bid Proposals will be opened and (unless obviously non -responsive) read aloud publicly. An abstract of the amounts of the base Bid Proposals and major alternates (if any) will be made available to Bidders after the opening of Bid Proposals. Bid Proposals, in their entirety, shall be open for public inspection after the contract is awarded, with the exception of any trade secrets or confidential information contained therein, provided Bidder has expressly identified any specific information contained therein as being trade secrets or confidential information. 14. Bid Proposals to Remain Subject to Acceptance All Bid Proposals will remain subject to acceptance for 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 improperly signs the Bid Proposal; 4) Bidder qualifies its Bid Proposal; 5) Bidder tardily or otherwise improperly submits its Bid Proposal 6) Bidder fails to submit the Qualifications of Bidder as required under section 3 of these Instructions to Bidders, or 7) Bid Proposal is otherwise non -responsive. In determining the best value for the Owner, and in determining to whom to award a contract, Owner may consider: 1) purchase price 2) reputation of the Bidder and Bidder's goods or services; 3) quality of Bidder's goods or services 4) extent to which the goods or services meet the Owner's needs 5) Bidder's past relationship with the Owner; 6) impact on the ability of Owner to comply with laws and rules relating to contracting with historically underutilized busmesses and nonprofit organizations employing persons with disabilities; 7) total long- term cost to Owner to acquire Bidder's goods or services; 8) the Qualifications of Bidder and 9) any other relevant criteria specifically listed in the Bidding Documents. Discrepancies in the Multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum_ 15.2 In evaluating Bid Proposals, Owner will consider the Qualifications of the Bidders, whether or not the Bid Proposals comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Proposal form or prior to the Notice of Award. 15.3 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid Proposal and to establish the responsibility, 07/2006 00200 - 6 of 7 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS qualifications and financial ability of Bidders, proposed Subcontractors, suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents, to Owner's satisfaction, within the Contract Time. 15.4 The contract is to be awarded to the lowest responsible Bidder or the Bidder who provides goods or services at the best value for the Owner. 16. Contract Security When the Successful Bidder delivers the executed Standard Form of Agreement to Owner, it must be accompanied by the Performance and Payment Bonds required by the Contract Documents. Bonds may be on the forms provided herein or an equal form containing no substantive changes, as determined by Owner. 17. Signing of Agreement When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Standard Form of Agreement, and the required Performance and Payment Bond forms Within ten (10) days thereafter Contractor shall sign and deliver the required number of counterparts of the Standard Form of Agreement to Owner with the required Bonds. Within ten (10) days thereafter, Owner shall deliver one fully signed counterpart to Contractor. There shall be no contract or agreement between Owner and the Successful Bidder until proper execution and attestation of the Standard Form of Agreement by authorized representatives of the Owner. 18. Pre -bid Conference A pre -bid conference will be held as indicated in the Invitation to Bid. Attendance at the pre -bid conference is mandatory. 19. Retainage Provisions concerning retainage are set forth in the Contract Documents. END OF SECTION 07/2006 00200 - 7 of 7 CITY OF PErtRLAND BID PROPOSAL Section 00300 BID PROPOSAL Date: May 3, 2007 Bid of Gulfcoast Landscape Services, Inc. a i ;ndi�5d� 1 FfJ 1�'ip / a corporation organized and existing under the laws of the State of Texas. / a },W tMel kip vela; Issi6 erf• , for theconstruction of: Landscape Development for Cullen Blvd. & Kirby Drive Extension City of Pearland, Texas COP PN: T70012 & PM6804 BID NO. 2007-022 (Submitted in Duplicate) The Honorable Mayor and City Council of Pearland City of Pearland 3519 'Liberty Drive Pearland, l exas 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 Landscape Development for Cullen Blvd. & Kirby Drive 'Extension with all related appurtenances, complete, tested, and operational, to accordance with the Plans, and Specifications prepared by James Carroll Kell — Landscape Architect, Inc., 2110 Briargrcen Dnve, Houston, TX 77077, 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°%o) of the total Contract Price, according to the forrns included in the Contract Documents. The undersigned Bidder agrees to commence work within ten (10) days after the date of a written notice to commence work_ It is understood that the Work is to be Substantially Complete within one hundred twenty (120) days after the date of the notice to commence work. T for Bidder's Initial's: 409.a4--- 07/2006 00300. 1 of 4 CITY OF PEARLAND BID PROPOSAL Substantial Completionshall begin on the date established by the notice to commence work. 'I'hc Contractor willpay liquidated damages in the amount(s) specified in Document 00500 — Standard Form of Agreement in the event the Work is not Substantially Complete within this time limit. PLAN SET # 1 (CULLEN BLVD) Item No. Spec No. Bid Item Description Unit Quantity Bid Amount BASE BID ITEMS 1 01505 Mobilization (Limit of 3% of Total Bid) LS 1 $2,500.00 2 01555 Traffic Construction, Barr Complete cades, Control in in Including Place and Accordance Regulation Signs with and During MUrC:D, LS 1 $3,800.00 3 02811 Installation complete of Landscape LS 1 $47,975.00 Irrigation, 4 02931 Installation complete of Landscape Planting, LS 1 $33,150.00 5 02811 02931 t grass) year maintenance and irrigation completion of from planting date (excluding of LS 1 $6,500.00 substantial 6 00610 00611 00612 Performance, Maintenance Payment, Bonds and I year. LS 1 $2 g75.00 , (excluding grass) SUB -TOTAL BASE BID PLAN SET #1 (CULLEN BLVD.) $96,800.00 — ADD ALTERNATE # 1 7 02931 1 substantial year maintenance completion of grass from date of LS 1 $22,500.00 8 00612 J1 year maintenance bond for grass LS 1 $700.00 SUB -TOTAL ADI) ALTERNATE I PLAN SET #1. (CULLEN BLVD.) $23,200.00 — 07/2006 Bidder's Initial's: 00300-2of4 CITY OF PEARLAND BE» PROPOSAL PLAN SET II 2 (KIRBY DRIVE EXTENSION) Item No. Spec. No. I Bid Item Description Unit I Quantity Amount Bid BASE BID ITEMS 9 01505 Mobilization (Limit of 3% of Total Bid) 1,S 1 $3,000.00 10 01555 Control in in Place and Including Accordance Regulation Signs with and During MUTCD, LS 1 $5,200.00 Traffic Construction, Barricades, Complete 11 02811 Installation complete of Landscape Irrigation, LS 1 $79,875.00 12 02931 Installation complete of Landscape Planting, LS 1 $92,200.00 13 02811 02931 l year grass) substantial maintenance and irrigation completion of from planting date (excluding of LS 1 $7,800.00 14 00610 00611 00612 Performance, Maintenance Payment, Bonds (excluding and 1 year grass) LS 1 $5,625.00 SUB -TOTAL BASE BID - PLAN SET #2 (KIRBY DRIVE EXTENSION) $193,700.00 ADD ALTERNATE # 1 15 02931 1 substantial year completion of grass from date of LS 1 $36,120.00 maintenance 16 00612 1 year maintenance bond for grass LS 1 $1,080.00 SUB -TOTAL ADD ALTERNATE #I -- PLAN SET #2 (KIRBY EXTENSION) DRIVE 37,200.00 $ TOTAL BASE BID PROPOSAL Total bid price shall be a cumulative total of Items 1— 6 and 9 - 14 Two Hundred Ninety Thousand Five Hundred & no/100 (price in words) Dollars ($ 290,500.00 TOTAL ADD ALTERNATE # 1 PROPOSAL Total bid price shall be a cumulative total of Items 7 - 8 and 15 -16 ) Sixty Thousand Four Hundred & no/100 Dollars ($ $601400.00 ) (price in words) 07/2006 Bidder's Initial's: 00300-3of4 CITY OF PEARLAND BII) PROPOSAL It is agreedthat the Contract Price nuty 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. Care undersigned agrees that the amounts bid in this I3id Proposal will not be withdrawn or modified for sixty (60) days following date of Bid Proposal opening, or such longer period as may be agreedto in writing by the City of Pcarland and Bidder. It is understood that in the event the Successful bidder. fails to enter into the Standard Form of Agreement andior to furnish a Performance. Bond and Payment Bond, each in the amount of one hundred (100) percent or the Contract Price, within ten (10) days of. the Notice of Award, the Successful Bidder will forfeit the 13id Security as provided in the Instructions to Bidders. Unless otherwise expressly provided herein, all references to "day(s)" shall mean calendar day(s). Fhe following Addenda have been received. T c modifications to the Bidding Documents noted therein have been considered and all costs thereto are included in the Bid Proposal prices. Addendum No : One mate: 05/01/07 Addendum No.: [)ate: Addendum No.: Date: Addendum No.: Date: Addendum No.: Date: .---.--__.-. Addendum No.. Date: I3idder hereby represents that the only person or parttcs 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:Gulf Coast Landscape Services, Inc. A I"]'EST: By: Steven K. Arndt "ride: President AS.ttfre55: 5207 Milwee Street, Houston, TX 77092 Phone No: 713-688-9377 Renee D. Arndt (Typed or Printed Name) Signature aniitt (Seal, if Bidder is a Corporation) Date: A/ 3 ZOO-) END OF SECTION Bidder's Initial's. 07/2006 00300 - 4 of 4 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 Gulf Coast Landscape Services, Inc. (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: Landscape Development for Cullen Blvd. & Kirby Drive Extension City of Pearland, Texas COP PN: T70012 & PM6804 BID NO. 2007-022 Article 2. ENGINEER The Work has been designed by James Carroll Kell — Landscape Architect, Inc , 2110 Briargreen Drive, Houston, TX 77077 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 one hundred twenty (120) days (including weekends and holidays) from the date when the Contract Time commences to run as provided in paragraph 5.01 of the General Conditions (as revised in the Special Conditions if applicable), and completed and ready for Final Payment within one hundred fifty (150) 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 recognize the delays, expense, and difficulties involved in proving in a. legal or arbitration preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Two Hundred 07/2006 00500 - 1 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT Fifty dollars ($250.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time set out in the Certificate of Substantial Completion or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Two Hundred Fifty dollars ($250.00) for each day that expires after the time specified in the Certificate of Substantial Completion for completion and readiness for Final Payment. 3.3 Inspection Time Working hours for the Pearland Inspection personnel are from 7:30 a.m. to 4:30 p.m., Monday through Friday, excluding City approved holidays. The Contractor shall notify the OWNER of any required inspection overtime work at least 48 hours in advance and shall pay the overtime wages for the required City inspections. Article 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the Work in strict accordance with the Contract Documents in current funds $ 290,500.00 (the "Contract Price"). The Contract Price includes the Base as shown in Document 00300 — Bid Proposal. Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Section 6.0 "Measurement and Payment" of the General Conditions Application for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR' s Application for Payment as recommended by ENGINEER as provided below. All progress payments will be on the basis of the progress of the Work and actual quantity of Work completed, in accordance with Article 6 "Measurement and Payment" of the General Conditions. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage or actual quantity of Work complete, but, in each case less the aggregate of payments previously made and less such amounts as ENGINEER shall determine or OWNER may withhold, in 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 Agieement. 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 written recommendation of the ENGINEER pay a reasonable and equitable 07/2006 00500 - 2 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT 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. 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 familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. 7.2 CONTRACTOR has studied carefully all available surveys assessments, reports of explorations, investigations, and tests of subsurface conditions and drawings of physical conditions of the site. Such technical reports and drawings are not Contract Documents, and Owner makes no representations or warranties as to the accuracy of such documents or information, or to whether or not they are complete, comprehensive, or all-inclusive. 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, perfounance or furnishing of the Work ,and CONTRACTOR assumes the nsk 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 at or contiguous to the site and assumes responsibility for the accurate location of 07/2006 00500 - 3 of 7 CRY OF PEARLAND STANDARD FORM OF AGREEMENT said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and finish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the teu ns and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies in the Contract Documents of which Contractor knew or should have known, and CONTRACTOR shall perform the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including any written resolution of any such conflict, erroi or discrepancy by ENGINEER Article 8. CONTRACT DOCUMENTS The Contract Documents, which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work, consist of the following, each of which are incorporated herein by reference: 8.1 Standard Form 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 11 inclusive with attachments with each sheet bearing the following general title• Landscape Development for Cullen Blvd. Extension. 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. There are no Contract Documents other than those listed above in this Article 8. The 07/2006 00500 - 4 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT Contract Documents may only be amended, modified or supplemented as provided in the General Conditions. Article 9. MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Section 1, "Definitions and Interpretations ' of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representative to the other party hereto, its partners, successors assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 9.4 CONTRACTOR agrees to warranty the Work for a period of one (1) year from Substantial Completion against defects in materials and workmanship. CONTRACTOR agrees to repair or replace any defective work within this warranty period in an expeditious manner at no additional cost to OWNER 9.5 The Work will be completed according to the Contract Documents and in accordance with codes, ordinances, and construction standards of the City of 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 minimum period prescribed by applicable law, the notice period required shall be construed to be the minimum period prescribed by applicable law. 9.7 This Contract and the Contract Documents, insofar as they relate in any part or in any way to the Work undertaken therein, constitute the entire agreement between the parties hereto, and it is expressly understood and agreed that there are no agreements or promises by and between said parties, except as aforesaid, and that any additions thereto or changes shall be in writing. 9.8 The provisions of this Contract shall be applied and interpreted in a manner consistent with each other so as to carry out the purposes and the intent of the parties, but if for any reason any provision is unenforceable or invalid, such provisions shall be deemed severed from this Contract and the remaining provisions shall be carried out with the same force and effect as if the severed provision had not been part of this Contract. 07/2006 00500 - 5 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT 9.9 The headings of the paragraphs are included solely for the convenience of reference and if there is any conflict between the headings and the text of this Contract, the Contract text shall control. 9.10 The waiver of any breach hereof shall not constitute a waiver of any subsequent breach of the same or any other provision hereof. Failure by the OWNER in any instance to insist upon observance or performance by CONTRACTOR shall not be deemed a waiver by CONTRACTOR of any such observance or performance. No waiver will be binding upon OWNER unless in writing and then will be for the particular instance only. Payment of any sum by OWNER to CONTRACTOR with knowledge of any breach or default will not be deemed a waiver of such breach or default or any other breach or default. 9.11 The CONTRACTOR acknowledges that the OWNER (through its employee handbook) considers the following to be misconduct that is grounds for termination of an employee of the OWNER: 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 OWNER. The CONTRACTOR agrees that it will not, directly or indirectly, cause an employee of the OWNER to engage in such misconduct. 07/2006 00500 - 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 authorized representatives of the City of Pearland and upon the following date: June 11 , 2007 OWNER: CONTRACTOR: CITY OF PEARLAND By: Title: Date: e-eocuk \Nnopae3c-c L\ ?f)c)--1 sae oon‘v\tnisIlL1:144/11°10. ,/,/, SI.S. .0r • -"•"tjkir. • "4" 5:1- e i : U)� Pik\ eie e, ATTEST Address fo •iving otices 3519 Libcr4ytr. ?eat/land , —(1C "Ill Gulf Coast Landscape Services, Inc. By: Title: Steven K. Arndt - President Date: June 11, 2007 ATTEST (Corporate Seal) qettel P. akar Renee D. Arndt - Secretary Address for giving notices Gulf Coast Landscape Services, Inc. 5207 Milwee St. Houston, TX 77092 Phone: 2$1 -- Losleluto Phone: 713-688-9377 Fax: 2$1- 2-- VIOLA) Fax: 713-688-5331 Agent for service of process: Steven K. Arndt - President END OF SECTION 07/2006 00500 - 7 of 7 CITY OF PEARLAND PERFORMANCE BOND Section 00610 PERFORMANCE BOND Bond No.: 104788606 STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS: That Gulf Coast Landscape Services, Inc. of the City of Houston , County of Harris , and State of Texas, as principal, and Travelers Casualty and Surety Company of America 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 $ 290,500.00 for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of the 11 day of ,Tune , 20 07 , (the "Contract") to commence and complete the construction of certain improvements described as follows: Landscape Development for Cullen Blvd. & Kirby Drive Extension City of Pearland, Texas COP PN: T70012 & PM6804 BID NO. 2007-022 which Contract, including the Contract Documents as defined therein is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract Work and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions, and agreements in and by said Contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and Contract Documents, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the Work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. 07/2006 00610 - 1 of 2 CITY OF PEARLAND PERFORMANCE BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 1 �. th day of June , 20 jai. Principal: Gulf Coast Landscape Services, Inc. afe-, eltrar By: Surety: Travelers Casualt/ nd Surety Company of America By `. Title: Steven K. Arndt - President Title: As ley Britt, At orney-In-Fact Address: 1111 North Loop West, Suite 400, Address: 5207 Milwee St. Houston, Tx. 77092 Telephone: 7 13-688-93 7 7 713-688-5331 Fax: y-imminr Houston, TX 77008 - w Telephone: 713-880-7100 Fax: 713-880-7149 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 c 07/2006 00610 - 2 of 2 CITY OF PEARLAND PAYMENT BOND Section 00611 PAYMENT BOND Bond No.: 104788606 STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS: I'hat Gulf Coast Landscape Services, Inc. of the City of Houston , County of _ Harris , and State of Texas, as principal, and Travelers Casualty and Surety Company of America 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 $ 290,500.00 for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of the 11 day of June , 20 07 , (the "Contract") to commence and complete the construction of certain improvements described as follows: Landscape Development for Cullen Blvd. & Kirby Drive Extension City of Pearland, Texas COP PN: T70012 & PM6804 BID NO. 2007-022 which Contract, including the Contract Documents as defined therein, is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor or material to him or a subcontractor in the prosecution of the Work provided for in said Contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the Work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. 07/2006 00611 - 1 of 2 CITY OF PEA1t4ND PAYMENT BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 11th day of June , 20_01. Principal: Gulf Coast Landscape Services, Inc. By: Title: Steven K. Arndt - President Address: 5207 Milwee St. Surety: Travelers Casu sty and Surety Company of America ELy: ei-IA; Title; A hley Britt, �Cttorney-In-Fact Address: 1111 North Loop West, Suite 400, Houston, Tx 77092 Houston, TX 77008 Tel hone: 713-688-9377 713 -fi 8 8 -5 3 31 713-880-7149 Fax: Fax: Telephone: 713-880-7100 NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL -FREE TELEPHONE NUMBER; 1--8 00-252--34 3 9. END OF SECTION 07/2006 00611 - 2 of 2 CITY OF PEARLAND ONE-YEAR MAINTENANCE BOND Section 00612 ONE-YEAR MAINTENANCE BOND STATE OF TEXAS § COUNTY OF BRAZORIA § Bond No.: 104788606 KNOW ALL MEN BY THESE PRESENTS: That Gulf Coast Landscape Services, Inc. of the City of Houston , County of Harris , and State of Texas, as principal, and Travelers Casualty and Surety Company of Amer'ca 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 $ 290,500.00 for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of the 11 day of June' , 2007 , (the "Contract") to commence and complete the construction of certain improvements described as follows: Landscape Development for Cullen Blvd. & Kirby Drive Extension City of Pearland, Texas COP PN: T70012 & PM6804 BID NO 2007-022 which Contract is hereby referred to and made a part hereof as fully and to the sarne extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully correct all such work not in accordance with the Contract Documents discovered within the one-year period from the date of substantial completion, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. 07/2006 00612 - 1 of 2 CITY OF PEARLAND ONENEAR MAINTENANCE BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this I I t h day of June , 20 07. Principal: Gulf .Coast Landscape Services, Inc. Surety: Travelers Casu By 44idy B� Title: Steven K. Arndt -- President y and Surety Company of Ameri4 f Title: A • hley Britt, �' ttorney-In-Fact Address: Address: 5207 Milwee St. 1111 North Loop West, Suite 400, Houston, .Tx 77092 Houston, TX 77008 • 713--688-9377 Telephone: Telephone: 713-880-7100 - 713--688- 5331 Fax: Fax: 713-880-7149 NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL -FREE TELEPHONE NUMBER; 1-800-m252-3439. END OF SECTION 07/2006 00612 - 2 of 2 TRAVELERS WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company Attorney -In Fact No. 217999 St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate N^ 001.297570 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Barry K. McCord, David G. Miclette, Edward G Britt, Kristi Lovett, Robert S. Winter, Vickie Byus, Robert C. Davis, Kristy Knapp, Ashley Britt, and David T. Miclette of the City of Houston , State of Texas , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory 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, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 14th day of November 2006 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company WCORPORATED 1951 a State of Connecticut City of Hartford ss. On this the 14th day of November 2006 By: St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company onnoisam....„44 %NSV .'•• • 'J •� :I'n •s CI:'c e • =s-.:_SEAL ;•i1 ' r Georg 1 Thompson, `enior ice President , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. VkaAtAlt e • i4rkfteetafte Marie C. Tetreault, Notary Public 58440-8-06 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St.Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I,Kori M.Johanson,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked. EN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this day of A-- `-4 ,20 Kori M.Johans Assistant Secretary h5U ,,�tTY 1'llyl. ) 01,E 4 *M.!M 1N3 tr qN G �( .3=' yQ., -SG 0...._!!q' 9,,n� 09 rya wq;ry, $$§ 11gFinTJ,9s o i 1977 �927 °h ^ z: WNaFirwFD, w ,,1 (S) Sa* LJy � ' E 1951 ma # y ! o. �`S E AL�o J ��581<L:'; W carN. it 10 j * • .4 Aa'0 .v soFCE" ''lS.AM?r a'lr........: a 'a / J To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.stpaultravelersbond.com.Please refer to the Attorney-In-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER STPAUL TRAVELERS IMPORTANT NOTICE TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty & Surety Company of America, Travelers Casualty & Surety Company, Traveleis Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at: Tiavelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675-3057 (267) 675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 (800) 252-3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT • Section 00700 GENERAL CONDITIONS OF AGREEMENT TABLE OF CONTENTS Page No. 1.0 DEFINITIONS AND INTERPRETATIONS 1.01 Owner, Contractor and Engineer 1.02 Contract Documents 1.03 Subcontractor 1.04 Written Notice 1.05 Work 1.06 Extra Work 1.07 Working Day 1.08 Calendar Day 1.09 Substantially Completed 1.10 Interpretation of Words and Phrases 1.11 Referenced Standards 1 1 1 2 2 2 2 2 2 3 3 3 2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER 3 2.01 Adequacy of Design 2.02 Right of Entry 2.03 Ownership of Drawings 3 4 4 2.04 Changes and Alterations 4 2.05 Damages 3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 3.01 Owner -Engineer Relationship 3.02 Keeping of Plans and Specifications Accessible 07/2006 00700 - 4 5 5 5 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 3.03 Preliminary Approval 3.04 Inspection by Engineer 3.05 Determination of Questions and Disputes 3.06 Recommendation of Payment 4.0 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 4.01 Independent Contractor 4.02 Contractor's Understanding 4.03 Laws and Ordinances 4.04 Assignment and Subletting 4.05 Performance and Payment Bonds 4.06 Insurance 4.07 Permits and Fees 4.08 Texas State Sales Tax 4.09 Contractor's Duty and Superintendence 4.10 Character of Workers 4.11 Labor, Equipment, Materials, Construction Plant and Buildings 4.12 Sanitation 4.13 Cleaning and Maintenance 07/2006 6 6 7 7 7 7 8 8 8 8 9 9 9 9 10 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 00700 - ii CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.21 Liability for Proper Performance 4.22 Protection Against Accident To Employees and the Public 4 23 Protection of Adjoining Property 4.24 Protection against Claims of Subcontractors, Laborers, Materialmen, and Furnishers of Machinery and Supplies 12 13 14 14 4.25 Protection Against Royalties or Patented Invention 15 4.26 Indemnification 15 4.27 Losses From Natural Causes 4.28 Guarantee 5.0 PROSECUTION AND PROGRESS 5.01 Time and Order of Completion 5.02 Extension of Time 5.03 Hindrances and Delays 5.04 Suspension of Work 5.05 Liquidated Damages for Delay 16 16 17 17 17 18 18 18 6.0 MEASUREMENT AND PAYMENT 19 6.01 Discrepancies and Omissions 6.02 Quantities and Measurements 6.03 Estimated Quantities 6.04 Price of Work • 6.05 Payments 6.06 Partial Payments 6.07 Use of Completed Portions & Punchlist 19 19 19 19 20 20 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 7.02 Minor Changes 7.03 Extra Work 7.04 Time of Filing Claims 8.0 DEFAULT 8.01 Default by Contractor 8.02 Supplementation of Contractor Forces 8.03 Cumulative Remedies & Specific Performance 8.04 Cross -Default 8.05 Insolvency 8.06 Contingent Assignment 8.07 Waiver of Consequential Damages 8.08 Termination for Convenience 24 25 25 26 27 27 29 29 29 29 30 30 30 8.09 Default by Owner 31 9.0 DISPUTE RESOLUTION 31 ATTACHMENT NO. 1: WORKERS' COMPENSATION INSURANCE COVERAGE Al ATTACHMENT NO. 2: AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S SWORN RELEASE BI ATTACHMENT NO. 3: OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR Cl 07/2006 00700 - iv CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Section 00700 GENERAL CONDITIONS OF AGREEMENT 1.0 DEFINITIONS AND INTERPRETATIONS 1.01 OWNER, CONTRACTOR AND ENGINEER The OWNER, the CONTRACTOR and the ENGINEER are those persons or organizations identified as such in the Agreement. The term ENGINEER as used in these General Conditions shall refer to the Engineer or Architect identified in the Agreement, as applicable, and means a person authorized to act as a representative of the entity designated by the OWNER to provide professional services required in connection with the preparation and performance of this Contract. 1.02 CONTRACT DOCUMENTS. The Contract Documents shall consist of all of the documents identified in Article 8 of the Standard Form of Agreement, which documents, excluding the Plans and such documents as may be delivered or issued after the Effective Date of the Agreement, as referenced in Article 8, shall be bound together in a Project Manual for the Work All references to the "Contract" or the "Agreement" m these General Conditions of Agreement shall include the Contract Documents. The Contract Documents are complementary, and what is required by one shall be binding as if required by all. In the event of any conflict among the Contract Documents, the Contract Documents shall govern in the following order: (1) Modifications in writing and signed by both parties, including any Change Orders; (2) Standard Form of Agreement; (3) Special Conditions of Agreement; (4) General Conditions of Agreement, including Attachment No. 1 — Workers' Compensation Insurance Coverage, Attachment No. 2 — Agreement for Final Payment and CONTRACTOR'S Sworn Release, and Attachment No. 3 — Owner's Insurance Requirements of Contractor; (5) (6) (7) (8) (9) Addenda, if any; Plans and Specifications referenced or included in the Project Manual; Instructions to Bidders, Bid Proposal; and Exhibits: The following Exhibits, attached hereto, are incorporated herein, and are a part of this Contract: In the event a conflict or inconsistency remains between or within the Plans and Specifications or other Contract Documents, or the Contract Documents and applicable standards, codes and ordinances, CONTRACTOR shall provide the greater quantity or better quality, or 07/2006 00700 - 1 of 31 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT CONTRACTOR shall comply with the more stringent requirements, as determined by ENGINEER Terms or phrases used in the Contract Documents with a well-known technical or construction industry meaning shall have such recognized meanings. References to standards specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, shall mean the latest in effect on the effective date of the Contract, unless otherwise stated in the Contract Documents. 1 .03 SUBCONTRACTOR. The term "subcontractor", as employed herein, includes those having a contract with the CONTRACTOR or a subcontractor for performance of work on the Project contemplated by these Contract Documents. OWNER shall have no responsibility to any subcontractor for performance of work on the Project contemplated by these Contract Documents, and any such subcontractor shall look exclusively to CONTRACTOR for any payments due subcontractor. 1.04 WRITTEN NOTICE Written Notice shall be deemed to have been duly served if delivered in person to the individual or to a partner of the partnership or joint venture, or to an officer of the corporation or company for whom it is intended, or if delivered at or sent by Certified Mail, Return Receipt Requested, to the last known business address or registered office of such individual, partnership, joint venture or corporation or company, or to the address for giving notices listed in the Standard Foam of Agreement. 1.05 WORK. Unless otherwise stipulated, the CONTRACTOR shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, services, insurance, and all water light, power, fuel, transportation and all other facilities or services of any nature whatsoever necessary for the execution and completion of the Work described in the Standard Form of Agreement. Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of good quality. The CONTRACTOR shall, if required by the ENGINEER as representative of the OWNER, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well-known, technical or trade meaning shall be held to refer to such recognized standards. All work shall be done and all materials shall be furnished in strict conformity with the Contract Documents. 1.06 EXTRA WORK The term `Extra Work", as used in this Contract, shall be understood to mean and include all work that may be required by the ENGINEER as representative of the OWNER, to be done by the CONTRACTOR to accomplish any change, alteration or addition to the work shown upon the plans or reasonably inferable from the plans and/or specifications and which shall, prior to the commencement of such work, be authorized in writing by the ENGINEER 1.07 WORKING DAY. A "Working Day" is defined as any day not including Saturdays, Sundays or any legal holidays, in which weather or other conditions not under the control of the CONTRACTOR, will permit construction of the principal units of the Work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. 1.08 CALENDAR DAY. A "calendar day' is any day of the week or month, no days being excepted. Unless otherwise expressly provided, all references to ` day(s)" shall mean calendar day(s). 07/2006 00700 - 2 of 31 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 1 .09 SUBSTANTIALLY COMPLETED. The terms "Substantially Completed", or "Substantially Complete" or "Substantial Completion' as used in this Contract, mean that the structure, facility, improvement or project contemplated by the Contract Documents has been made suitable for use and occupancy including issuance of any necessary certificate of occupancy or similar document, or with regard to such projects as would not be occupied (i.e. roads, etc.) is in a condition to serve its intended purpose, requiring only minor miscellaneous work and adjustment to achieve Final Completion, as determined by the ENGINEER. 1.10 INTERPRETATION OF WORDS AND PHRASES Whenever the words "directed", "permitted', ` designated , "required' , "ordered", ` considered necessary", "prescribed" or words of like import are used, it shall be understood that the direction, requirement, permission, order, opinion designation or prescription of the ENGINEER as the OWNER's representative is intended. Similarly, the words "approved", ` acceptable' , `satisfactory" or words of like import shall mean that no exception is taken by ENGINEER, but does not relieve CONTRACTOR of responsibility for compliance with the Contract Documents. Whenever in the Specifications or Drawings of the Contract Documents, the terms of description of various qualities relative to finish, workmanship or other qualities of similar kind which cannot, from their nature, be specifically and clearly described and specified, but are necessarily described in general terms, the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the fulfillment of said Specifications shall be decided by the ENGINEER as the OWNER's representative, and said work shall be done in accordance with his interpretations of the meaning of the words, terms or clauses defining the character of the work. 1.11 REFERENCED STANDARDS No provision of any referenced standard specification, or manual shall be effective to change the duties and responsibilities of the Owner, Engineer, Contractor, or their consultants, employees, or representatives from those set forth in the Contract Documents, nor shall it be effective to assign to the Engineer or its consultants, employees, or representatives any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibilities contrary to provisions of the Contract Documents. 2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER 2.01 NO WARRANTY OF DESIGN. It is understood that the OWNER MAKES NO WARRANTY OF THE ADEQUACY ACCURACY OR SUFFICIENCY OF THE PLANS AND SPECIFICATIONS OR ANY OTHER DESIGN DOCUMENTS, AND OWNER HEREBY EXPRESSLY DISCLAIMS ANY SUCH WARRANTY, EXPRESS OR IMPLIED. Prior to commencing each portion of the Work, CONTRACTOR shall carefully study and compare the relevant Contract Documents, shall observe conditions at the site affecting the Work, and shall take field measurements of existing conditions related to the Work. Any errors, omissions or mconsistencies 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 Infoiination, 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 mterpreted by the ENGINEER 2.02 RIGHT OF ENTRY. The OWNER reserves the right to enter the property or location on which the work herein contracted for is to be performed, constructed or installed, for itself or such agent or agents as it may select, for the purpose of inspecting the work, or for the purpose of performing, constructing or installing such collateral work as the OWNER may desire. The OWNER shall have the right to make inspections at all reasonable times, and the CONTRACTOR hereby waives any claims for extension of time and/or compensation for any loss or damage if his work shall be delayed by reason of such inspection, performance, construction or installation of collateral work. 2.03 OWNERSHIP OF DRAWINGS. All drawings, specifications and copies thereof furnished by the OWNER shall not be reused on other work and, with the exception of the sets forming the part of the signed Contract Documents, are to be returned to the OWNER on request at the completion of the Work All drawings and models are the property of the OWNER. 2.04 CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that the Owner may make such changes mid alterations additions and deletions as the OWNER may see fit, in the Work, including but not limited to changes in line grade, foiin, 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 furnishedor 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 I'he 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 shallkeep one copy of the same constantly accessible on the job site, with the latest revisions noted thereon. The CONTRACTOR shall be responsible for preserving the Plans and Specifications, timely and accurately updated, for reference and review by the OWNER or the ENGINEER. 3.03 PRELIMINARY APPROVAL The ENGINEER shall not have the power to waive the obligations imposed under this Contract for the furnishing by the CONTRACTOR of new material of good quality, and for good and workmanlike performance of the Work as herein described, and in full accordance with the Contract Documents, without alteration, deletion or change. No failure or omission of the ENGINEER to discover, object to or condemn any non- conforming or defective work or material, or to stop work, shall release the CONTRACTOR from the obligation to fully and properly perform the Contract, including without limitation, the obligation to at once tear out, remove and properly replace any defective work or material at any time prior to final acceptance, upon discovery of such non -conforming or defective work or material. Any questioned Work may be ordered taken up or removed for inspection by the ENGINEER prior to final acceptance, and if found not to be in accordance with the Contract Documents, all expense of removing, inspection and repair or replacement shall be borne by the CONTRACTOR, otherwise the expense thus incurred shall be allowed as Extra Work and shall be paid for by the OWNER, provided that where inspection or approval is specifically required by the Specifications prior to performance of certain work, should the CONTRACTOR proceed with such work without requesting prior inspection or approval, he shall bear all expense of taking up, removing and replacing this work if so directed by the ENGINEER 3.04 INSPECTION BY ENGINEER. The ENGINEER shall make periodic visits to the site to observe the progress and quality of the executed Work and to determine if such Work generally meets the essential performance and design features and the technical, functional mid/or 07/2006 00700 - 5 of 31 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT engineering requirements of the Contract Documents, and is in all other respects being performed in compliance with the Contract Documents. However, the ENGINEER shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on -site inspections to check the quality and/or quantity of the work, nor shall the ENGINEER be in any way responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quality, procedures programs, safety precautions or lack of same incident to the Work being performed or any part thereof. The ENGINEER shall use reasonable care to prevent deviation from the intent and substance of the Contract Documents by the CONTRACTOR in the performance of the Work and any part thereof and, on the basis of such on -site observations, will keep the OWNER informed of the progress of the work and will endeavor to guard the OWNER against defects and deficiencies m the Work of the CONTRACTOR Notwithstanding any other provision of this Agreement or any other Contract Document, the ENGINEER shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the CONTRACTOR, any subcontractors, agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the Work. 3.05 DETERMINATION OF QUESTIONS AND DISPUTES. In order to prevent delays and disputes and to discourage litigation, it is agreed that the ENGINEER shall, in all cases, determine the quantities and qualities of the several kinds of Work, which are to be paid for under this Contract The ENGINEER shall determine all questions in relation to said Work and the construction thereof, as well as all claims, disputes and other matters in question between the CONTRACTOR and the OWNER relating to the execution or progress of the Work or the interpretation of the Contract Documents. In the event the ENGINEER shall become aware of or shall receive information that there is a dispute or a possible dispute as to the reasonable interpretation of the terms and conditions of the Contract Documents, or any other dispute or question, the ENGINEER shall, within a reasonable time, provide a written interpretation of the Contract Documents or a written decision on all questions arising relative to the execution of the Work, copies of which shall be delivered to all parties to the Contract. If the CONTRACTOR or OWNER desires to take exception to any directions, order, interpretation or instructions of the ENGINEER, CONTRACTOR or OWNER shall present any such claim to the ENGINEER in accordance with the provisions of Section 7.04. 3.06 RECOMMENDATION OF PAYMENT. The ENGINEER shall review the CONTRACTOR's application for payment and supporting documents, shall determine the amount owed to the CONTRACTOR and shall provide written recommendation to the OWNER for payment to the CONTRACTOR in such amount. Such recommendation of payment to CONTRACTOR shall constitute a representation to the OWNER of the ENGINEER's judgment that the work has progressed to the point indicated, to the best of his knowledge, information and belief; however, such recommendation of an application for. payment to CONTRACTOR shall not be deemed an acceptance of any defective or non -conforming Work. Any recommendation of payment by the ENGINEER shall be subject to OWNER's rights to withhold payment under Section 6.11 and as otherwise provided in the Contract. 4.0 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 4.01 INDEPENDENT CONTRACTOR, CONTRACTOR is, and shall remain, an independent contractor, solely responsible for the manner and method of completing the Work under this Contract, with full and exclusive power and authonty to direct, supervise and control his own employees and to determine the means, method and manner of performing such Work, so 07/2006 00700 - 6 of 31 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT long as such methods comply with the requirements of the Contract Documents, and do not adversely affect the completed improvements or any other property abutting or adjoining the Work area, the OWNER and ENGINEER being interested only in the result obtained and conformity of such completed improvements to the Plans, Specifications and Contract Documents. The fact that the OWNER or ENGINEER as the Owner's representative shall have the right to observe CONTRACTOR's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the OWNER and the ENGINEER hereunder, is not intended to and shall not at any time change or affect the status of the CONTRACTOR as an independent contractor with respect to either the OWNER or the ENGINEER as the OWNER's representative or to the CONTRACTOR's own employees or to any other person, firm or corporation 4.02 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the Work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the Work, the general and local conditions including but not limited to weather, access, lay down and storage areas, and all other matters which in any way affect the Work under this Contract. It is further understood that the CONTRACTOR has satisfied himself as to the terms, meaning, intent and requirements of all of the Contract Documents, and applicable laws, codes, regulations and ordinances. CONTRACTOR hereby warrants and represents that it has taken into consideration all of the foregoing factors, and CONTRACTOR shall perform the Work for the Contract Price and within the Contract Time. No verbal agreement or conversation with any officer, agent or employee of the OWNER or the ENGINEER, either before or after the execution of this Contract shall affect or modify any of the terms or obligations herein contained. 4.03 LAWS AND ORDINANCES The CONTRACTOR shall at all times observe and comply with all federal, state or local laws, codes, ordinances, permits and regulations, regardless of whether the same are adopted before or after the execution of this Contract, which in any manner affect the Contract or the work, and shall indemnify, save and hold harmless the OWNER and the ENGINEER against any claim arising out of the violation of any such laws, ordinances and regulations, whether by the CONTRACTOR or his agents, employees, subcontractors or vendors. If the CONTRACTOR observes that the Plans and Specifications are at variance with federal or state laws or codes or the ordinances or regulations of the City, he shall promptly notify the ENGINEER in writing and any necessary changes shall be made as provided in the Contract for changes in the work. If the CONTRACTOR performs any work knowing it to be contrary to such laws, codes, ordinances, rules or regulations, or if CONTRACTOR reasonably should have known of any such violation, and without such notice to the ENGINEER, CONTRACTOR shall bear all costs arising therefrom. The OWNER is a Political Subdivision of the State of Texas, and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the OWNER may enter into contracts, shall be controlling and shall be considered as part of this Contract to the same effect as though embodied herein. Neither the act of OWNER entering into this Contract, nor OWNER's performance hereunder, shall constitute a waiver of any immunity from suit enjoyed by OWNER under applicable law, all such rights and defenses being hereby expressly reserved, notwithstanding any term or provision herein to the contrary The Code of Ordinances and other applicable regulations of the OWNER shall be deemed to be embodied in this Contract. 07/2006 00700 - 7 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 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 CITYOFPEARLAND 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 m the performance of the type of work required under this Contract, to do the Work, and agrees that whenever the ENGINEER shall inform him in writing that any worker or workers on the Work are, in his opinion, incompetent, unfaithful or disorderly, or in the ENGINEER's opinion, are not using their best efforts for the progress of the Work, such worker or workers shall be discharged from the Work and shall not again be employed on the Work without the ENGINEER's written consent. 4.11 LABOR, EQUIPMENT, MATERIALS, CONSTRUCTION PLANT, AND BUILDINGS The CONTRACTOR shall provide all labor, services, tools, equipment, machinery, supplies, facilities, utilities and materials necessary in the prosecution and completion of this Contract where it is not otherwise specifically provided that the OWNER shall furnish same, and further, the CONTRACTOR shall be responsible for the care, preservation, conservation and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction and any and all parts of the Work, whether the CONTRACTOR has been paid, partially paid or not paid for such Work, until the entire Work is completed and accepted. The building or placement of structures for housing workers or offices, or the erection of tents or other forms of protection, will be permitted only with the ENGINEER's written permission, and at such places as the ENGINEER shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the ENGINEER. Any structures of any nature constructed, placed or erected by the CONTRACTOR for the purposes herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper erection, placement or construction thereof; and the CONTRACTOR agrees to indemnify and hold the ENGINEER or OWNER harmless from any claims of any nature whatsoever brought against either of them for damages allegedly sustained by anyone by reason of the erection, placement, construction or maintenance of CONTRACTOR's buildings or structures 4.12 SANITATION. Necessary sanitary conveniences for the use 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'Srepresentative, may order the CONTRACTOR in writing to supplement its forces and/or equipment, or work shifts or overtime, or otherwise improve its efficiency and rate of progress to achieve Substantial Completion of the Work within the Contract Time, and the CONTRACTOR shall comply with such order, at its own cost and expense 4.16 LAYOUT OF WORK. Except as specifically provided herein, the CONTRACTOR shall be responsible for laying out work and shall accomplish this work in a manner acceptable to the ENGINEER and in conformance with the Contract Documents. 4.17 SHOP DRAWINGS. The CONTRACTOR shall submit to the ENGINEER, with such promptness as to cause no delay in his own Work or in that of any other contractor, six (6) checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades. Contractor will check and approve shop drawings for compliance with requirements of Contract Documents and will so certify by stamp on each drawing prior to submittal to ENGINEER. Any drawings submitted without Contractor s stamp of approval will not be considered and will be returned io 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 Such review by the ENGINEER shall be for the sole purpose of determining the apparent sufficiency of said drawings or schedules to result in finished improvements in conformity with the Plans and Specifications and Contract Documents, and shall not relieve the CONTRACTOR of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the ENGINEER does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during CONTRACTOR's performance hereunder, and any action taken by the ENGINEER shall not relieve the CONTRACTOR of his responsibility and liability to comply with the Contract Documents. 4.18 ENGINEER -CONTRACTOR RELATIONSHIP; OBSERVATIONS. It is agreed by the CONTRACTOR that the ENGINEER, as the OWNER's representative, shall be and is hereby authorized to appoint such subordinate engineers, representatives or observers as the said ENGINEER may from time to time deem proper to observe the materials furnished and the Work done under this Agreement. The CONTRACTOR shall furnish all reasonable aid and assistance required by the subordinate engineers, representatives or observers for the proper observation and examination of the work. The CONTRACTOR shall regard and obey the directions and instructions of any subordinate engineers, representatives or observers so appointed, when such directions and instructions are consistent with the obligations of this Agreement and the Plans and Specifications and Contract Documents, provided, however, should the CONTRACTOR object to any orders by any subordinate engineer representative or observer the CONTRACTOR may, within three (3) days, make written appeal to the ENGINEER for his decision. 4.19 OBSERVATION AND TESTING. The OWNER or the ENGINEER as the OWNER's representative shall have the right at all reasonable times to observe, inspect and test the Work. The CONTRACTOR shall make all necessary arrangements and provide proper facilities and access for such observation, inspection and testing at any location wherever Work is in preparation or progress. The CONTRACTOR shall ascertain the scope of any observation, inspection or testing which may be contemplated by the OWNER or the ENGINEER and shall give ample notice as to the time each part of the Work will be ready for such observation, inspection or testing. The OWNER or the ENGINEER may reject any Work found to be defective or not in accordance with the Contract Documents, regardless of the stage of its completion or the time or place of discovery of such deficiencies, and regardless of whether the ENGINEER has previously accepted the Work through oversight or otherwise If any Work is covered without approval or consent of the OWNER, it must, if requested by the OWNER or the ENGINEER, be uncovered for examination, at the sole expense of the CONTRACTOR. In the event that any part of the Work is being fabricated or manufactured at a location where it is not convenient for the OWNER or the ENGINEER to make observations of such Work or require testing of said Work, then in such event, the OWNER or the ENGINEER may require the CONTRACTOR to furnish the OWNER or the ENGINEER with certificates of inspection testing or approval made by independent persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the Contract Documents. If any Work, which is required to be inspected, tested or approved, is covered up without written approval or consent of the OWNER or the ENGINEER, it must, if requested by the OWNER or the ENGINEER, be uncovered for observation and testing, at the sole expense of the 07/2006 00700 - 11 of 31 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT CONTRACTOR. The cost of all such inspections, tests and approvals shall be borne by the CONTRACTOR unless otherwise provided herein. Any Work which fails to meet the requirements of such tests, inspections or approval, and any Work which meets the requirements of any such tests or approval but does not meet the requirements of the Contract Documents shall be considered defective. Such defective Work and any other work affected thereby shall be corrected at the CONTRACTOR'S expense. Neither observations by the OWNER or by the ENGINEER, nor inspections, certifications, tests or approvals made by the OWNER, the ENGINEER or other persons authorized under this Agreement to make such inspections, tests or approvals, shall relieve due CONTRACTOR from his obligation to perform the Work in accordance with the requirements of the Contract Documents. 4.20 DEFECTS AND THEIR REMEDIES. It is further agreed that if the Work or any part thereof or any material brought on the site of the Work for use in the Work or selected for the same, shall be deemed by the ENGINEER as unsuitable or not in conformity with the Plans and Specifications or Contract Documents, the CONTRACTOR shall, after receipt of written notice thereof from the ENGINEER, forthwith remove such material and rebuild or otherwise remedy such Work so that it shall be in full accordance with this Contract, It is further agreed that any such remedial action contemplated herein shall be at CONTRACTOR's expense 4.21 LIABILITY FOR PROPER PERFORMANCE Engineering construction drawings and specifications, as well as any additional instructions and information concerning the Work to be performed, passing from or through the ENGINEER, shall not be interpreted as requiring or allowing the CONTRACTOR to deviate from the Plans and Specifications or the Contract Documents, the intent of such drawings, specifications and any other such instructions being to define with particularity the agreement of the parties as to Work the CONTRACTOR is to perform. CONTRACTOR shall be fully and completely liable and contractually bound at his own expense, for design, construction, installation and use or non-use of all items and methods instant to the performance of the Contract, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, similar items or devices used by h'm during construction, and work performed either directly or incident to construction, and for all loss, damage or injury incident thereto, either to person or property, whether such damage be suffered by the ENGINEER, the OWNER or any other person not a party to this Contract. Any review of Work in progress or any visit or observation during construction, or any clarification of Plans and Specifications or Contract Documents by the ENGINEER or OWNER, or any agent, employee or representative of either of them, whether through personal observation on the Project site or by means of approval of shop drawings for construction or construction processes, or by other means or methods, is agreed by the CONTRACTOR to be for the purpose of observing the extent and nature of Work completed or being performed, as measured against the Plans and Specifications and Contract Documents, or for the purpose of enabling the CONTRACTOR to more fully understand the Plans and Specifications and Contract Documents so that the completed construction Work will conform thereto, and shall in no way relieve the CONTRACTOR from full and complete responsibility for proper performance of his Work on the Project, including, without limitation, the propriety of means and methods of the CONTRACTOR m 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. No alcoholic beverages, non-prescription drugs, or unsafe practices will be allowed on the Work site. CONTRACTOR shall dismiss anyone participating in any of the above from the Work site for the duration of the Project. Only prescription drug uses with a doctor's authorization to perform construction activities will be allowed on the Work site. Violation of this provision is a default under the Contract. The use possession, sale, transfer, purchase or being under the influence of alcohol, drugs or any other illegal or unlawful substance by CONTRACTOR or CONTRACTOR's employees, or CONTRACTOR's subcontractors and employees at any time at the Work site or while on company business is prohibited. CONTRACTOR shall institute and enforce appropriate drug testing guidelines and program. All accidents or injuries to CONTRACTOR's employees working on the job site must be reported verbally and in writing to the ENGINEER immediately, and within no more than eight (8) hours The safety precautions actually taken and their adequacy shall be the sole responsibility of the CONTRACTOR, in his sole discretion as an independent contractor Inclusion of this paragraph in the Agreement, as well as any notice which may be given by the OWNER or the ENGINEER as the OWNER's representative concerning omissions under thus paragraph as the Work progresses, are intended as reminders to the CONTRACTOR of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the CONTRACTOR or any of his subcontractors. 4.23 PROTECTION OF ADJOINING PROPERTY. The CONTRACTOR shall employ proper means to protect the adjacent or adjoining property or properties in any way encountered which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, from any damage or injury by reason of said process of 07/2006 00700 - 13 of 31 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent or adjoining property. THE CONTRACTOR AGREES TO INDEMNIFY, DEFEND, SAVE AND HOLD HARMLESS THE OWNER AND ENGINEER AGAINST ANY CLAIM OR CLAIMS FOR DAMAGES, LOSS, COSTS OR EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES, DUE TO ANY INJURY TO ANY ADJACENT OR ADJOINING PROPERTY, ARISING OR GROWING OUT OF THE PERFORMANCE OF THE CONTRACT, REGARDLESS OF WHETHER OR NOT SUCH DAMAGE, LOSS, COST OR EXPENSE IS CAUSED IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE OR STRICT LIABILITY OF OWNER AND/OR ENGINEER. 4.24 PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES. THE CONTRACTOR AGREES THAT HE WILL PROMPTLY PAY WHEN DUE AND WILL INDEMNIFY, SAVE AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ALL CLAIMS GROWING OUT OF THE DEMANDS OF SUBCONTRACTORS, LABORERS, WORKERS, MECHANICS, MATERIALMEN AND FURNISHERS OF MACHINERY AND PARTS THEREOF EQUIPMENT, POWER TOOLS AND ALL SUPPLIES, INCLUDING COMMISSARY, INCURRED IN THE FURTHERANCE OF THE PERFORMANCE OF THIS CONTRACT. When so desired by the OWNER, the CONTRACTOR shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the CONTRACTOR fails to do so, then the OWNER may, at the option of the OWNER, either pay directly any unpaid bills of which the OWNER has written notice, or withhold from the CONTRACTOR's unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all such claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payments to the CONTRACTOR shall be resumed in full, in accordance with the terms of this Contract. Any and all communications between any parties under this paragraph shall be in writing. Nothing contained in this paragraph or this Agreement shall create, establish or impose any relationship, contractual or otherwise, between OWNER and any subcontractor, laborer or supplier of CONTRACTOR, nor shall it create, establish or impose any duty upon OWNER to 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 PATENT OR COPYRIGHT AND FAILED TO PROMPTLY NOTIFY OWNER IN WRITING, THEN THE CONTRACTOR SHALL INDEMNIFY DEFFND, 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 in plans, designs or specifications prepared, approved or used by the ENGINEER, or negligence of the 07/2006 00700 - 15 of 31 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ENGINEER in the rendition or conduct of professional duties called for or arising out of any construction contract and the plans, designs or specifications that are a part of the construction contract, and arises from personal injury or death, property injury, or any other expense that arises from personal injury, death, or property injury. This indemnity agreement is a continuing obligation, and shall survive notwithstanding completion of the Work, Final. Payment, expiration of the warranty period, termination of the Contract, and abandonment or takeover of the Work. CONTRACTOR's indemnification obligations hereunder shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or a subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts, and shall not be limited by any limitation on amounts or coverage of insurance provided or to be provided under this Contract. 4.27 LOSSES FROM NATURAL CAUSES All loss, cost, expense or damage to the CONTRACTOR arising out of the nature of the Work to be done or from any unforeseen circumstances in the prosecution of the same, or from the action of the elements, or from unusual obstructions or difficulties which may be encountered in the prosecution of the Work, shall be sustained and borne by the CONTRACTOR at his own cost and expense. 4.28 GUARANTEE The CONTRACTOR hereby guarantees all the Work under the Contract to be free from defects or deficiencies in material in every particular and free from defects or deficiencies in workmanship; and against unusual damage from proper and usual use; and agrees to replace or to re -execute without cost to the OWNER such Work as may be found to be defective, deficient or otherwise not in conformance with the Contract Documents, and to make good all damages caused to other work or material, due to such defective Work or due to its required replacement or re -execution. This guarantee shall cover a period of one year from the date of Substantial Completion of Work under the Contract, as evidenced by the Certificate of Substantial Completion. Neither the Certificate of Substantial Completion, Final Payment, nor any provision in the Contract Documents shall relieve the CONTRACTOR of the responsibility for defective, deficient or non -conforming material or workmanship during the period covered by the guarantee. I'he 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 or such other contractors. The CONTRACTOR shall submit, at such times as may reasonably be requested by the ENGINEER, schedules which shall show the order in which the CONTRACTOR proposes to carry on the Work, with dates on which the CONTRACTOR will start the several parts of the work, and estimated dates of completion of the several parts. Such schedules shall show completion of the Work within the Contract Time, and/or shall show such recovery efforts as CONTRACTOR intends to undertake in the event Substantial Completion of the Work is delayed. 5.02 EXTENSION OF TIME The CONTRACTOR agrees that he has submitted his Bid Proposal in full recognition of the time required for the completion of this Project, takmg 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 for which CONTRACTOR is responsible, or to the extent an adjustment is made or denied under another provision of the Contract Documents. 5.05 LIQUIDATED DAMAGES FOR DELAY. It is understood and agreed that time is of the essence, and that the CONTRACTOR will commence the Work on the date specified herein or in any Notice to Proceed, and will Substantially Complete the Work within the Contract Time. It is expressly understood and agreed by and between the CONTRACTOR and the OWNER, that the time for the Substantial Completion of the Work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The CONTRACTOR further agrees that a breach of this Contract as to completion on time will cause damage to the OWNER and that such damages cannot be accurately measured or that ascertainment will be difficult. Therefore, the parties agree that for each and every calendar day the Work or any portion thereof shall remain uncompleted after the expiration of the Contract Time, the CONTRACTOR shall pay, as liquidated damages and as a reasonable estimate of OWNER's damages, and not as a penalty, the amount set out in the Standard Form of Agreement. However, the foregoing agreement as to liquidated damages constitutes only an agreement by the OWNER and the CONTRACTOR as to the amount of damages which the OWNER will sustain by reason 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 PEARL AND 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/orany 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 m 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 perfoiinance of the Work and the whole thereof in the manner and according to this Agreement, the Plans and Specifications and Contract Documents, and the requirements 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 m 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 agamst 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 m 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 hst 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 five percent (5%) 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 m 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 responsibihty 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) (g) CONTRACTOR delivers to OWNER all building certificates required prior to occupancy and all other required inspections / approvals / acceptances by city, county, state governmental entities or other authorities having jurisdiction; 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 foiui attached hereto as Attachment No. 2, executed by CONTRACTOR; (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 deteuumed 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 obhgation for correction of defective or non- conforming Work, or for fulfillment of any warranty, which may be required by law or by the Contract Documents. 6.09 CORRECTION OF WORK BEFORE FINAL PAYMENT. The CONTRACTOR shall promptly remove from OWNER's premises all materials, equipment or Work which is defective or otherwise not in conformance with the Contract Documents, whether actually incorporated in the Work or not, and CONTRACTOR shall, at his own expense, promptly replace such materials, equipment or Work with other materials conforming to the requirements of the Contract. The CONTRACTOR shall also bear the expense of restoring all work of CONTRACTOR or other contractors damaged by any such removal or replacement. If CONTRACTOR does not remove and replace any such unsuitable Work within a reasonable time after receipt of a written notice from the OWNER or the ENGINEER, the OWNER may remove, replace and remedy such work at CONTRACTOR's expense 6.10 CORRECTION OF WORK AFTER FINAL PAYMENT. If within one (1) year from the date of Substantial Completion or such longer period of time as may be prescribed by law 07/2006 00700 - 22 of 31 CITY OF PEARLAND• GENERAL CONDITIONS OF AGREEMENT or by the terms of any applicable special warranty required by the Contract Documents any of the Work is found to be defective or not in accordance with the Contract Documents, CONTRACTOR shall, at its sole cost, correct it and any other work affected thereby promptly after receipt of a written notice from OWNER to do so. In addition, CONTRACTOR shall be responsible for any damage to building contents, when such damage results from the CONTRACTOR's use of faulty materials or defective workmanship, to the extent such damage is not covered by OWNER's insurance. This warranty period shall renew and recommence for each corrected item of Work upon completion of the remedial work. This time period for correction by CONTRACTOR is in addition to, and not in lieu of all warranties or remedies, which exist at common law or by statute. These warranty obligations shall survive the termination of this Contract, and shall be enforceable by a decree of specific performance, in addition to such other rights and remedies available to OWNER at law or in equity. 6.11 PAYMENTS WITHHELD. The OWNER may withhold, or on account of subsequently discovered evidence nullify and demand immediate repayment of, the whole or part of any certificate for payment or payment, to such extent as may be necessary to protect OWNER from loss on account of: (a) Defective or non -conforming Work not remedied; (b) Claims filed or reasonable evidence indicating probable filing of claims; (c) Failure of the CONTRACTOR to make payments promptly to subcontractors or for material or labor; (d) Damage to another contractor, OWNER, existing improvements on the site, or to adjacent or adjoining property; (e) Reasonable doubt that the Work can be completed for the unpaid balance of the Contract amount; (f) (g) Reasonable indication that the Work will not be completed within the Contract Time; 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 m 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 mmor 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 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT In the event said Extra Work or Change Order or Work Change Directive work is performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "Actual Field Cost" is hereby defined as the cost to the CONTRACTOR of all workers, such as foremen, timekeepers, mechanics and laborers, and materials, supplies, trucks, rentals of machinery and equipment, for the time actually employed or used on such alleged Extra Work or Change Order or Work Change Directive work, plus actual transportation charges necessarily incurred together with all power, fuel, lubricants, water and similar operating expenses, plus all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security, Old Age Benefits and other payroll taxes, and a rateable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation, and all other insurance as may be required by law or ordmance, 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 andexpense not embraced within the "Actual Field Cost" as herein defined, save that where the CONTRACTOR's field office must be mamtained 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 fmal and conclusive and bindmg upon the parties If the ENGINEER shall fail to respond in writing to CONTRACTOR s claim within thirty (30) days of the date of submission, or if CONTRACTOR shall dispute or object to ENGINEER's decision on any claim, and CONTRACTOR fails to file a Request for Mediation of such claim in accordance with the provisions of Article 9.0, within sixty (60) days after the date of submission to the OWNER, or 07/2006 00700 - 25 of 31 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT such longer period as the parties may agree to in writing, the CONTRACTOR shall lose and forfeit his right to make such claim for Extra Work at any later date, and all such claims held by the CONTRACTOR shall be deemed waived, forfeited and forever barred. CONTRACTOR shall continue to diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. 7.04 TIME OF FILING CLAIMS Except as otherwise provided herein, all questions of dispute or adjustment shall be in writing and filed with the ENGINEER within three (3) days after the ENGINEER has given any directions, order or instruction to which the CONTRACTOR desires to take exception. The ENGINEER shall reply within thirty (30) days to such written exceptions, and render his fmal 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 meetmg 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'sfailure to timely file a Request for Mediation shall constitute a waiver, forfeit and fmal bar of all such claims held by the CONTRACTOR against the OWNER CONTRACTOR shall continue to diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. 8.0 DEFAULT 8.01 DEFAULT BY CONTRACTOR. In case the CONTRACTOR should abandon and fail or refuse to resume Work within five (5) days after written notification from the OWNER or the ENGINEER, or if the CONTRACTOR fails to comply with the orders of the ENGINEER when such orders are consistent with the Contract Documents, or if the CONTRACTOR otherwise defaults on its obligations under the Contract, OWNER shall have the right, if it so elects and without prejudice to any other rights it may have, after givmg 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 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 incurrmg an obligation to make payment hereunder, shall have such statement of completion attested to by the CONTRACTOR and the surety as accurate, and in exchange for payment of the sum stated therein, the OWNER shall be entitled to a full and final release of any claims or demands by the CONTRACTOR or the surety. 07/2006 00700 - 27 of 31 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the OWNER had the work been completed by the CONTRACTOR under the terms of this Contract, or when the CONTRACTOR and/or his surety shall pay the balance shown to be due by them to the OWNER, then all machinery, equipment, tools or supplies left on the site of the Work shall be turned over to the CONTRACTOR and/or his surety. Should the cost to complete the Work exceed the Contract Price, and the CONTRACTOR and/or his surety fail to pay the amount due the OWNER within the time designated above, and there remains any machinery, equipment, tools, materials or supplies which are the property of CONTRACTOR on the site of the Work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the CONTRACTOR and his surety at the respective addresses designated in the Contract, provided, however, that actual written notice given in any manner will satisfy this condition After mailing or other giving of such notice such property shall be held at the risk of the CONTRACTOR and his surety, subject only to the duty of the OWNER to exercise ordinary care to protect such property. After fifteen (15) days from the date of such notice, the OWNER may sell such property, equipment, tools, materials or supplies, and apply the net sum derived from such sale to the credit of the CONTRACTOR and his surety. Such sale may be made at either public or private sale, with or without notice, as the OWNER may elect. The OWNER shall release any machinery, equipment, tools, materials or supplies, which remain on the Work, and belong to persons other than the CONTRACTOR or his surety, to their reputed owners. 8 02 SUPPLEMENTATION OF CONTRACTOR FORCES If CONTRACTOR at any timeshall, in OWNER'S sole opuuon, fail to furnish skilled workers, suitable materials, supplies or adequate equipment sufficient for the prompt, timely and diligent prosecution of the Work in accordance with OWNER's direction, OWNER shall have the right, without prejudice to the exercise of other remedies for the same default and without fully taking over the Work, to supplement CONTRACTOR's forces and to expedite delivery of and to procure and furnish such workers, materials, tools, supplies or equipment for CONTRACTOR's account by employing other contractors and suppliers engaged in the same class of work and charge the entire cost thereof to CONTRACTOR, said cost to be deducted from sums due or to become due to CONTRACTOR under the Contract or any other agreement with OWNER or any parent, subsidiary or affiliate of OWNER 8.03 CUMULATIVE REMEDIES & SPECIFIC PERFORMANCE. All rights and remedies of OWNER, under the terms of the Contract and/or available at law or in equity, are cumulative. In the event CONTRACTOR or any of its subcontractors, vendors or suppliers fails or refuses for any reason to provide timely manufacture, fabrication, delivery, installation, erection, construction or completion of any supplies, materials, expendables equipment, machinery, accessories or appurtenances to be furnished hereunder, CONTRACTOR acknowledges and agrees that such items are required, necessary, essentially unique to the Project and the Work and will cause irreparable harm to OWNER and the Project if not furnished in accordance with the Contract, and OWNER shall have the right to obtain a decree of specific performance and mandatory injunctive relief from any Court of competent jurisdiction to ensure the timely furnishing of such items. 8.04 CROSS -DEFAULT If, for any reason, CONTRACTOR is declared in default and/or terminated by OWNER under any other agreement with OWNER, whether related to the Project or not related to the Project, OWNER shall have the right to offset and apply any amounts 07/2006 00700 - 28 of 31 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT which might be owed to OWNER by CONTRACTOR under any other such agreements against any earned but unpaid amounts owing to CONTRACTOR by OWNER under the Contract, any retainage earned by CONTRACTOR under the Contract or any unearned, unpaid amount under the Contract. 8.05 INSOLVENCY. It is recognized that if CONTRACTOR becomes a debtor in voluntary or involuntary bankruptcy proceedings, makes a general assignment for the benefit of creditors, or if a receiver is appointed on account of his insolvency, such events could seriously impair or frustrate CONTRACTOR's performance of the Work. Accordingly, it is agreed that should CONTRACTOR become a debtor in bankruptcy, either voluntary or involuntary, CONTRACTOR shall notify OWNER m 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 in the event the performance bond surety fails to complete the Contract, or if OWNER otherwise so elects in its sole discretion, accept such assignment by written notice of such acceptance to CONTRACTOR and subcontractor, and may require subcontractors to perform all of the then unperformed duties and obligations under the subcontract, for the direct benefit of OWNER. In the event OWNER requires such performance by a subcontractor, then OWNER shall be obligated to pay such subcontractor any amounts due and owing under the terms of the subcontract/purchase order, at the subcontract prices and rates, and subject to any rights of withholding or offset and other tenus 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 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 fmancing, 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 busmess 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 pnces 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 suppher, OWNER or CONTRACTOR may join such subcontractor or supplier as a party to any mediation proceeding between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts and/or purchase orders related to the Work a specific provision whereby the subcontractor or supplier consents to being joined in mediation between OWNER and CONTRACTOR involving the work of such subcontractor or supplier. This Contract shall be governed by the laws of the State of Texas and shall be considered performable in Brazoria County, Texas, for venue purposes. Further, the OWNER and CONTRACTOR stipulate that venue for any dispute resolution proceeding involving or touching upon the Contract other than the conduct of an arbitration hearing shall be in Brazoria County, Texas, or, if such choice of venue is prohibited or unenforceable by law, shall be held in the county where the Project is located. CONTRACTOR agrees to pay OWNER all reasonable attorneys' fees incurred by OWNER in the event OWNER seeks to enforce any provision of this Contract whether by arbitration or other dispute resolution process. Further, in the event OWNER defends any claim instituted by CONTRACTOR against OWNER, whether in arbitration or other dispute resolution process, CONTRACTOR agrees to pay OWNER all reasonable attorneys' fees incurred by OWNER in defending such claim provided OWNER is the prevailing party, in whole or in part, in such proceeding. 07/2006 00700 - 31 of 31 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO. 1 TO GENERAL CONDITIONS WORKERS' COMPENSATION INSURANCE COVERAGE A. DEFINITIONS: Certificate of coverage ("certificate") . A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC81, TWCC-82, TWCC-83 or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project for the duration of the Project. Duration of the Project . includes the time from the beginning of the Work on the Project until the contractor s/person's work on the Project has been completed and the Project warranty period has expired. Persons providing services on the project includes persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with due contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors subcontractors, motor carriers and owner - operators, (as defined at Section 406.121 of the Texas Labor Code), leasing companies, and employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or. delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The CONTRACTOR shall provide coverage, basedon proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Title 5 Workers' Compensation, Subtitle A Texas Workers' Compensation Act, for employees of the contractor providing services on the project, for the duration of the project. C. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the Contract. D. If the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the duration of the project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. E The CONTRACTOR shall obtain from each subcontractor or other person providing services on a project, and provide to the OWNER* (I) a certificate of coverage, prior to that person beginning work on the Project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 07/2006 00700 - A 1 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (2) no later than seven days after receipt by the CONTRACTOR and prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The CONTRACTOR shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within 10 days after the CONTRACTOR knew or should have known, of any changes that materially affect the provision of coverage of any person providing services on the Project. H. The CONTRACTOR shall post on each Project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. NOTICE REQUIRED WORKERS COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512) 440- 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." I. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, too: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Title 5 Workers' Compensation, Subtitle A Texas Workers Compensation Act, for all of its employees providing services on the Project, for the duration of the Project; (2) provide to the CONTRACTOR, prior to that person beginning work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the Project: 07/2006 00700 - A2 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; (4) obtain from each other person with whom it contracts, and provide to the CONTRACTOR: (a) a certificate of coverage, prior to the other person beginning work on the Project; and (b) a new certificate of coverage showing extension of coverage prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project (5) retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; (6) notify the OWNER in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providmg 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 admmistrative penalties, criminal penalties, civil penalties, or other civil actions. K. The CONTRACTOR's failure to comply with any of these provisions is a breach of contract by the CONTRACTOR, which entitles the OWNER to pursue all rights and remedies available to it under the Contract, at law or in equity, if the CONTRACTOR does not remedy the breach within ten days after receipt of notice of breach from the OWNER 07/2006 00700 - A3 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO. 2 TO GENERAL CONDITIONS AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S SWORN RELEASE In consideration of the Final Payment under that certain contract between (hereafter "CONTRACTOR') and the City of Pearland (hereafter "OWNER") for the Project known as Landscape Development for Cullen Blvd. & Kirby Drive Extension (the "Contract"), the CONTRACTOR makes the following representations to OWNER, either individually if a proprietorship or jointly and severally by all general partners if a partnership, or if a corporation, by action of the president and secretary of said corporation, as duly authorized by appropriate action of the stockholders and/or board of directors of said corporation, their signatures hereon constituting a representation under oath by said individuals that they have the authority to execute this Agreement for and on behalf of the said corporation: 1. The undersigned CONTRACTOR represents to OWNER that the Application for Payment for the Final Payment under the Contract, and the final Change Order issued under the Contract if any, whether or not modified, corrected or changed in some way by the ENGINEER the CONTRACTOR or the OWNER, a copy of which are attached hereto and marked Exhibit "A", are true, correct and accurate and that CONTRACTOR has received payment in full for all other Applications for Payment submitted under the Contract, and that CONTRACTOR has been fully compensated for all labor, materials, equipment and/or services furnished in connection with the Contract, except for the Final Payment. 2. It is agreed and stipulated by the undersigned CONTRACTOR that upon the receipt of Final Payment in the amount as set out on the attached Application for Payment, the CONTRACTOR, by execution of this instrument of release, does, therefore, RELEASE and FOREVER DISCHARGE OWNER of and from all manner of debts claims, demands, obligations, suits, liabilities and causes of action of any nature whatsoever, at law or in equity, in contract or in tort, now existing or which may hereafter accrue, arising out of or related to the Contract, any Change Orders or Work Orders, the Work, or any labor, materials, equipment or services furnished by CONTRACTOR to OWNER. 3. The CONTRACTOR, acting by and through the person or persons whose names are subscribed hereto, does solemnly swear and affiiuu 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 Conti actor's Sworn Release shall constitute a supplement thereto for the additional protection of OWNER 07/2006 00700 - B 1 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT SIGNED and EXECUTED this, the day of , 20 . CONTRACTOR: By: S ignature 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 a meeting of said corporation regularly called and held. CONTRACTOR: By President ATTEST: Corporate Secretary (Corporate Seal) • [This form is for use by either a proprietorship or a partnership. In the event CONTRACTOR is a partnership or a joint proprietorship, additional signature lines should be added for each individual ] 07/2006 00700 - B2 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT STATE OF TEXAS § COUNTY OF § AFFIDAVIT 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 Ft.xpires: [This form is for use in the event CONTRACTOR is a corporation.] 07/2006 00700 - B3 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 m the corporation as set out above, and each state under oath that we have the authority to execute this Agreement for Final Payment and Contractor's Sworn Release for and on behalf of said corporation, pursuant to authority granted to us in the Charter of said corporation, the By -Laws of said corporation and/or the Minutes of said corporation; and the facts, statements and representations as set out in the instrument to which this Affidavit is attached, are true and correct. SWORN TO AND SUBSCRIBED TO before me this, the day of 20 . Notary Public, State of Texas My Commission Expires: 07/2006 00700 - B4 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 m this Agreement nor represent in any manner a determination of the insurance coverages the Contractor should or should not maintain for its own protection; and 2.1.2 are being, or have been, obtained by the Contractor in support of the Contractor's liability and indemnity obligations under this Agreement. Neither the requirements as to insurance to be carried as provided for herein, the insolvency, bankruptcy or failure of any insurance company carrying insurance of the Contractor, nor the failure of any insurance company to pay claims accruing, shall be held to affect, negate or waive any of the provisions of this Agreement. 2.2 Failure to obtain and maintain the required insurance shall constitute a material breach of, and default under, this Agreement. If the Contractor shall fail to remedy such breach within five (5) business days after notice by the Owner, the Contractor will be liable for .any and all costs, liabilities, damages and penalties resulting to the Owner Parties from such breach, unless a written waiver of the specific insurance requirement(s) is provided to the Contractor by the Owner. In the event of any failure by the Contractor to comply with the provisions of this Agreement, the Owner may, without in any way compromising or waiving any right or remedy at law or in equity, on notice to the Contractor, purchase such insurance, at the Contractor's expense, provided that the Owner shall have no obhgation 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 00700 - Cl 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 m comphance 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 m Coverage. All insurance coverage shall contain the following express provision: In the event of cancellation, non -renewal, or material reduction in coverage affecting the certificate holder, thirty (30) days prior written notice shall be given to the certificate holder by certified mail or registered mail, return receipt requested. 3.6 Waiver of Subrogation The Contractor hereby agrees to waive its rights of recovery from the Owner Parties with regard to all causes of property and/or liability loss and shall cause a waiver of subrogation endorsement to be provided in favor of the Owner Parties on all insurance coverage carried by the Contractor, whether required herein or not. 3.7 Deductible/Retention. Except as otherwise specified herein, no insurance required herein shall contain a deductible or self -insured retention in excess of $25,000 without prior written approval of the Owner. All deductibles and/or retentions shall be paid by assumed by, for the account of, and at the Contractor's sole risk. The Contractor shall not be reimbursed for same. 4. Maintenance of Insurance. The following insurance shall be maintained in effect with limits not less than those set forth below at all times during the term of this Agreement and thereafter as required 4.1 Commercial General Liability Insurance 4.1.1 Coverage. Such insurance shall cover liability arising out of all locations and operations of the Contractor, including but not limited to liability assumed under this contract (including the tort liability of another assumed in a business contract). Defense shall be provided as an additional benefit and not included within the limit 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 00700 - C2 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.1.3 Amount of Insurance. Coverage shall be provided with limits of not less than: Each Occurrence Limit General Aggregate Limit Product -Completed Operations Aggregate Limit Personal and Advertising Injury Limit 4.1.4 Required Endorsements $1,000,000 $2,000,000 $2,000,000 $1,000,000 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-Contributmg Liability. It is the intent of the parties to this Agreement that all insurance required herein shall be primary to all insurance available to the Owner Parties. The obligations of the Contractor s insurance shall not be affected by any other insurance available to the Owner Parties and shall seek no contribution from the Owner Parties' insurance, whether primary, excess contingent or on any other basis. The Contractor's insurance coverage shall be endorsed to provide such primary and non-contributing liability. f. Waiver of Subrogation, as required in 3.6, above. 4.1.5 Continuing Commercial General Liability Insurance. The Contractor shall maintain such insurance in identical coverage, form and amount including required endorsements, for at least one (1) year followmg 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 four (at least as broad as an unmodified ISO CA 0001 or its equivalent) 07/2006 00700 - C3 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.2.3 Amount of Insurance. Coverage shall be provided with a limit of not less than $1,000,000. 4.2.4 Required Endorsements a. Notice of Cancellation, Nonrenewal or Material Reduction in Coverage, as required in 3.5, above. b. Waiver of Subrogation, as required in 3.6, above. than: 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 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 in 3.6, above. 4.4 Umbrella Liability Insurance 4.4.1 Coverage. Such insurance shall be excess over and be no less broad than all coverages described above and shall include a drop -down provision for exhaustion of underlying limits. 4.4.2 Form This policy shall have the same inception and expiration dates as the commercial general liability insurance required above. 4.4.3 Amount of Insurance. Coverage shall be provided with a limit of not less than $5,000,000. 4.4.4 Continuing Umbrella Liability Insurance. The Contractor shall maintain such insurance in identical coverage, form and amount, including required endorsements for at least one (1) year following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to the Owner stating Work completion date. 4.5 Professional Liability Insurance 4.5.1 Coverage. The Contractor shall provide professional liability insurance for claims arising from the negligent performance of professional services of any type, including but not limited to design or design/build services as part of the Work to be performed. 07/2006 00700 - C4 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.5.2 Form. This insurance shall include prior acts coverage sufficient to cover all services rendered by the Contractor and by ,its consultants under this Agreement. It is recognized that this coverage may be provided on a Claims -Made basis. 4.5.3 Amount of Insurance. Coverage shall be provided with a limit of not less than $1,000,000. 4.5.4 Continuing Professional Liability Insurance. The Contractor shall maintain such insurance in identical coverage, form and amount for at least one (1) year following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to the Owner stating Work completion date. 4.6 Builder's Risk 4.6.1 Insureds. Insureds shall include: a. Owner, General Contactor and all Loss Payees and Mortgagees as Named Insureds; and b. subcontractors of all tiers in the Work as Additional Insureds. 4.6.2 Covered Property. Such insurance shall cover: 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., fencing, 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. 07/2006 00700 - C5 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.6.3 Form a. Coverage shall be at least as broad as an unmodified ISO Special form, shall be provided on a completed -value basis and shall be primary to any other coverage insurance available to the msured 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 completion of project (where applicable) ii. Agreed value iii. Damage arising from error, omission or deficiency in construction methods, design, specifications, workmanship or materials, includmg collapse iv. Debris removal additional limit v. Earthquake (where applicable) vi. Earthquake sprinkler leakage (where applicable) vii. Expediting expenses viii. Flood (where applicable) ix. Freezing x. Mechanical breakdown, including hot & cold testing (where applicable) xi. Notice of cancellation, non -renewal or material reduction — 60 days prior written notice to each insured xii. Occupancy clause, as required in F, below xiii. Ordinance or law xiv. Pollutant clean-up and removal xv. Preservation of property xvi. Replacement cost xvii. Theft xviii. Waiver of subrogation as required in G, below. $ TBD Included without sublimit Included without sublimit 25% of direct damage loss $ TBD $TBD $ TBD $ TBD Included without sublimit Included without sublimit Included Included Included without sublimit $ TBD Included without sublimit Included Included without sublimit Included 4.6.4 Amount of Insurance. Coverage shall be provided in an amount equal at all times to the full replacement value and cost of debris removal for any single occurrence. 07/2006 00700 - C6 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.6.5 Deductibles. Deductibles shall not exceed the following: a. All Risks of Direct Damage, Per $5,000 Occurrence, except b. Delayed Opening 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 bemg constructed so long as such occupancy does not exceed 20% of the usable area of the property. This insurance shall be maintained in effect, unless otherwise provided for in the Contract Documents, until the earliest of the following dates: a. the date on which all persons and organizations who are insureds under the policy agree that it shall be terminated; b. the date on which final payment as provided for in the Agreement to which this Exhibit is attached, has been made; or c. the date on which the insurable interests in the Covered Property of all insureds other than Contractor have ceased. 4.6.7 Waiver of Subrogation. The waiver of subrogation 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 insurance, evidence of insurance, and endorsements shall be provided to the Owner prior to the termination date of the current certificates of insurance, evidence of insurance, and endorsements. 07/2006 00700 - C7 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6.2 Form 6.2.1 All property insurance required herein shall be evidenced by ACORD form 28, "Evidence of Property Insurance". 6.2.2 All liability insurance required herein shall be evidenced by ACORD form 25, "Certificate 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 provided. Required Endorsements. A copy of each of the required endorsements shall also be 6.5 Failure to Obtain. Failure of any Owner Party to demand such certificate or other evidence of full compliance with these insurance requirements or failure of any Owner Party to identify a deficiency from evidence that is provided shall not be construed as a waiver of the Contractor's obligation to maintain such insurance. 6.6 Certified Copies. Upon request of any Owner Party, the Contractor shall provide to the Owner a certified copy of all insurance policies required herein within ten (10) days of any such request. Renewal policies, if necessary, shall be delivered to the Owner prior to the expiration of the previous policy 6.7 Commencement of Work.. Commencement of Work without provision of the required certificate of msurance, evidence of insurance and/or required endorsements, or without compliance with any other provision of this Agreement, shall not constitute a waiver by any Owner Party of any rights. The Owner shall have the right, but not the obligation of prohibiting the Contractor or any subcontractor from performing any Work until such certificate of insurance, evidence of insurance and/or required endorsements are received and approved by the Owner. 7. Insurance Requirements of Contractor's Subcontractors 07/2006 00700 - C8 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 7.1 Insurance similar to that required of the Contractor shall be provided by all subcontractors (or provided by the Contractor on behalf of subcontractors) to cover operations performed under any subcontract agreement. The Contractor shall be held responsible for any modification in these insurance requirements as they apply to subcontractors. The Contractor shall maintain certificates of insurance from all subcontractors containing provisions similar to those listed herein (modified to recognize that the certificate is from subcontractor) enumerating, among other things, the waivers of subrogation, additional insured status, and primary liability as required herein, and make them available to the Owner upon request. 7.2 The Contractor is fully responsible for loss and damage to its property on the site, including tools and equipment, and shall take necessary precautions to prevent damage to or vandalism, theft, burglary, pilferage and unexplained disappearance of property. Any insurance covering the Contractor's or its subcontractor's property shall be the Contractor's and its subcontractor's sole and complete means or recovery for any such loss. To the extent any loss is not covered by said insurance or subject to any deductible or co-insurance, the Contractor shall not be reimbursed for same. Should the Contractor or its subcontractors choose to self insure this risk, it is expressly agreed that the Contractor hereby waives, and shall cause its subcontractors to waive, any claim for damage or loss to said property in favor of the Owner Parties. 8. Use of the Owner's Equipment. The Contractor, its agents, employees, subcontractors or suppliers shall use the Owner's equipment only with express written permission of the Owner s designated representative and in accordance with the Owner's terms and condition for such use If the Contractor or any of its agents, employees, subcontractors or suppliers utilize any of the Owner's equipment for any purpose, including machinery, tools, scaffolding, hoists lifts or similar items owned, leased or under the control of the Owner, the Contractor shall defend, indemnify and be liable to the Owner Parties for any and all loss or damage which may arise from such use. 9. Release and Waiver. The Contractor hereby releases, and shall cause its subcontractors to release, the Owner Parties from any and all claims or causes of action whatsoever which the Contractor and/or its subcontractors might otherwise now or hereafter possess resulting in or from or in any way connected with any loss covered by insurance, whether required herein or not or which should have been covered by insurance required herein, including the deductible and/or uninsured portion thereof maintained and/or required to be maintained by the Contractor and/or its subcontractors pursuant to this Agreement. 07/2006 00700 - C9 ACORDTh, CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDNYYY) 7/10/2007 PRODUCER Bowen, Miclette & Britt, Inc. 1111 North Loop West Suite 400 Houston TX 77008 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIL# INSURED Gulf Coast Landscape Services, Inc. Steven K. Arndt, Ind. P. 0. Box 800151 Houston TX 77280-0151 INSURER Hartford Fire Ins Co. 19682 INSURERB:Hartford Casualty INSURERC:Texas Mutual Ins. Co. 22945 INsuRERD:Travelers Lloyds Ins Co INSURER E: 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. INSRADD'L POLICY NUMBER POLICY EFFECTIVE DATE(MM/DDNY) POLICYEXPIRATION DATE(MM/DD/YY) LIMITS LTR NSRD TYPEOFINSURANCE A GENERAL LIABILITY 61UUNSR5031 10/1/2006 10/1/2007 EACH OCCURRENCE $ 1, 000, 000 DAMAGE $300, 000 X COMMERCIAL GENERAL LIABILITY PREMISES (Eaoccurence) CLAIMS MADE X OCCUR MED EXP (Any one person) $ 10 , 000 PERSONAL 84 ADV INJURY $ 1, 000, 000 GENERAL AGGREGATE $ 2, 000, 000 PRODUCTS - COMP/OP AGG $ 2,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: PET POLICY LOC A AUTOMOBILELIABILITY 61UUNSR5031 10/1/2006 10/1/2007 COMBINEDSINGLELIMIT (Eaaccident) $ 1, 000, 000 X ANY AUTO BODILY INJURY (Per person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Peraccident) $ X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ AUTO ONLY -EAACCIDENT $ GARAGE LIABILITY OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ B EXCESS/UMBRELLA LIABILITY 61HHUSR5032 10/1/2006 10/1/2007 EACH OCCURRENCE $ 5, 000, 000 AGGREGATE $ 5 , 0 00 , 0 00 X OCCUR CLAIMS MADE $ $ DEDUCTIBLE $ X RETENTION $ 1 0 , 000 WORKERS EMPLOYERS' ANY OFFICER/MEMBER If SPECIAL yes, PROPRIETOR/PARTNER/EXECUTIVE describe PROVISIONS COMPENSATION LIABILITY under EXCLUDED? below AND 10/1/2006 10/1/2007 X STATU-C TSF0001122576 TORY LIMITSOER E.L. EACH ACCIDENT $ 1, 0001 000 E.L. DISEASE - EA EMPLOYEE $ 1 , 0 0 0 , 0 0 0 E.L. DISEASE -POLICY LIMIT $ 1, 000, 000 D OTHER Equipment ment - Leased/Rented q p QT6600655C212 10/1/2006 10/1/2007 $250,000 - Per Item $250,000 - Max Limit DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES/ EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS RE: Landscape Development of Cullen Blvd and Kirby Drive Ext COP Project-T70012 City Pearland, its Engineer, & PM6804. such or of successors and assigns, and any officers, employees, or agents of persons entities are named Additional Insured on General and Auto Liability with Waiver of Subrogation on all policies as required by written contract. CERTIFICATE HOLDER CANCELLATION*EXCEPT 10 DAYS FOR NON-PAYMENT City of Pearland Projects Department 3519 Liberty Drive Pearland TX 77581 ACORD 25 (2001/08) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE a_- ®ACORD CORPORATION 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) 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. 1.0 Protection of Existing Property: The Contractor shall be responsible for protecting from damage all existing structures pavement, and other facilities as well as ground areas not scheduled for improvements 3.0 Protection of Work: Unless stated otherwise in this project manual, the Contractor shall be responsible for protection of his matenals and equipment from theft, vandalism, animals, fire, and any eventuality other than acts of God while said materials and equipment are on the project site, whether stored or installed in -place, until the project has been accepted by the Owner or his representative. In like manner, the Contractor shall protect all of his earthwork. END OF SECTION 07/2006 00800 - 1 of 1 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION Section 00811 WAGE SCALE FOR ENGINEERING CONSTRUCTION 1.01 In accordance with the Prevailing Wage law on Public Works (Article 2258 of the Texas Government Code), the public body awarding the contract does hereby specify the rates shown in Table 00811-A following to be the general prevailing rates in the locality in which the work is being performed. 1.02 This prevailing wage rate does not prohibit the payment of more than the rates stated. 1.03 The wage scale for engineering construction is to be applied to all site work greater than five (5) feet from an exterior wall of new building under construction or from an exterior wall of an existing building. 07/2006 00811 - 1 of2 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION Table 00811-A PREVAILING WAGE RATES FOR ENGINEERING CONSTRUCTION RATE CLASSIFICATION RATE CLASSIFICATION 10.05 ASPHALT RAKER 8.28 ASPHALT PAVING MACHINE ASPHALT SHOVELER 7.45 BROOM OR SWEEPER OPERATOR 8.01 9.91 BATCHING PLANT WEIGHER 11.11 BULLDOZER 8.80 CARPENTER 10.35 CONCRETE CURING MACHINE 11.79 CONCRE 1 E FINISHER -PAVING 9.87 CONCRE I'E FINISHING MACHINE 10.50 CONCRE I FINISHER -STRUCTURES 9.86 CONCRE i'E JOINT SEALER 9.30 CONCRETE RUBBER 9.00 CONCRETE PAVING FLOAT 10.01 ET FCTRICIAN 16.15 CONCRETE PAVING SAW 9.32 FLAGGER 6.66 CONCREIE PAVING SPREADER 9.20 FORM BUILDER (STRUCTURES) 9.96 SLIPFORM MACHINE OPERATOR 11.35 FORM LINER -PAVING & CURB 9.03 CRANE, CLAMSHET T,, BACKHOE, DERRICK, DRAGLINE, SHOVEL 11.00 FORMSETI'ER (PAVING/CURB) 8.86 CRUSHER/SCREENING PLAN 12.59 FORM SETTER -STRUCTURES 9.05 FOUNDATION CRAWLER MOUNTED DRILL OPERATOR, 12.73 LABORER -COMMON 7.45 FOUNDATION DRILL OPERATOR TRUCK MOUNTED 9.29 LABORER -UTILITY 8.53 FRONT END LOADER LINEPERSON 7.50 MILLING MACHINE OPERATOR 10.43 7.94 MANHOLE BUILDER (BRICK) 8.49 MIXER 11.11 MECHANIC 11.38 MOTOR GRADER (FINE GRADE) OILER 9.56 MOTOR GRADER 10:67 7.45 SERVICER 9.51 PAVEMENT MARKING MACHINE 9.25 PAIN I'ER-STRUCTURES 14.00 ROLLER, S PEEL WHEEL PLANT MIX PAVEMENTS 7.61 PILEDRIVER 10.96 ROLLER, S HEEL WHEEL OTHER FLATWHEEL OR TAMPING 7.96 PIPE LAYER 8.49 ROLLER, PNEUMATIC, SELF PROPELLED 8.69 ASPHALT DISTRIBUTOR 9.47 SCRAPER 8.99 TRACTOR -CRAWLER TYPE 10.12 TRACTOR -PNEUMATIC 10.50 TRAVELING MIXER 9.35 TRENCHING MACHINE -LIGHT 10.15 TRENCHING MACHINE -HEAVY 13.56 WAGON -DRILL, BORING MACHINE 12.47 REINFORCING S PEEL SE I'1'ER (PAVING) 12.50 REINFORCING S i'EEL SETTER S 1'RUCTURES 10.06 STEEL WORKER -STRUCTURAL 10.35 SIGN ERECTOR 7.45 SPREADER BOX OPERATOR 9.08 SIGN INSTALLER 8.15 WORK ZONE BARRICADE 7.45 TRUCK DRIVER -SINGLE AXLE LIGHT 8.00 TRUCK DRIVER -SINGLE AXLE HEAVY 8.76 TRUCK DRIVER -TANDEM AXLE SEMI TRAILER 10.43 1'RUCK DRIVER-LOWBOY/FLOAT 11.29 WELDER END OF SECTION 07/2006 00811 - 2 of2 CITY OF PEARLAND TECHNICAL SPECIFICATIONS DIVISION 1 TECHNICAL SPECIFICATIONS DIVISION 1 GENERAL REQUIREMENTS 07/2006 CITY OF PEARLAND SUMMARY OF WORK 1.0 GENERAL 1.01 SECTION INCLUDES Section 01100 SUMMARY OF WORK 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: Landscape planting and landscape irrigation. 1.03 WORK SEQUENCE A Contractor to submit project schedule to Engineer & Owner for approval as specified in Section 01300 — Submittals. B Contractor shall coordinate the Work with the Engineer and Owner as specified in Section 01040 - Coordination and Meetings. 1.04 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. 1.05 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 - 1 of 1 CITY OF PEARLAND 1.0 GENERAL CONTRACTOR'S USE OF PREMISES Section 01140 CONTRACTOR'S USE OF PREMISES 1.01 SECTION INCLUDES A General use of the Project Site including properties inside and outside of the limits of construction, work affecting roads, ramps, streets and driveways and notification to adjacent occupants. B References to Technical Specifications: 1. Section 01350 — Submittals 2. Section 01730 — Cutting & Patching 3. Section 01555 — Traffic Control & Regulation 4. Section 01562 — Waste Material Disposal 5. Section 02921 — Hydromulch Seeding 1.02 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 Submittals. 1.03 LIMITS OF CONSTRUCTION A Confine access, operations, and storage areas to limits of construction as shown on the Plans provided by Owner as stipulated in Section 00700 — General Conditions of Agreement; trespassmg on abutting lands or other lands in the area is not allowed. B Contractor may make arrangements, at Contractor's cost, for temporary use of private properties, in which case Contractor and Contractor's surety shall indemnify and hold harmless the Owner against claims or demands arising from such use of properties outside of the limits of construction. C Restrict total length which materials may be distributed along the route of the construction at any one time to 1,000 linear feet unless otherwise approved by Engineer. 1.04 PROPERTIES OUTSIDE OF LIMITS OF CONSTRUCTION A Altering the condition of properties adjacent to and along the limits of construction will not be permitted unless authorized by the Engineer and property owner(s). B Means, methods, techniques, sequences, or procedures which will result in damage to properties or improvements in the vicinity outside of the limits of construction will not be permitted 07/2006 01140 - 1 of4 CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES C Any damage to properties outside of the limits of construction shall be repaired or replaced to the satisfaction of the Engineer and at no cost to the Owner. 1.05 USE OF SITE A Obtain approvals of governing authorities prior to impeding or closing public roads or streets. Do not close consecutive intersections simultaneously B Notify Engineer 48 hours prior to closing a street or a street crossing. Permits for street closures are required in advance and are the responsibility of the Contractor. C Maintain access for emergency vehicles including access to fire hydrants. D Avoid obstructing drainage ditches or inlets when obstruction is unavoidable due to requirements of the Work, provide gradmg and temporary drainage structures to maintain unimpeded flow. E Locate and protect private lawn sprinkler systems which may exist on rights -of -ways within the Project Site. Repair or replace damaged systems to condition equal to or better than that existing at start of the Work. When required by the Work, cutting, patching, and fitting of Work to existing facilities, accommodating installation or connection of Work with existing facihties, or uncovering Work for access, inspection, or testing shall be performed in accordance with Section 01730 — Cutting & Patching. G Fires are not permitted on the Project Site. 1.06 NOTIFICATION TO ADJACENT OCCUPANTS A Notify individual occupants in areas to be affected by the Work of the proposed construction and time schedule. Notification shall be 24 hours, 72 hours and 2 weeks prior to work being performed within 200 feet of the homes or businesses. B Include in notification names and telephone numbers of two representatives for resident contact, who will be available on 24-hour call. Include precautions which will be taken to protect private property and identify potential access or utility inconvenience or disruption. C Submit proposed notification to Engineer for approval. Consideration shall be given to the ethnicity of the neighborhood where English is not the dominant language. Notice shall be in an understandable language. 1.07 EXCAVATION IN STREETS AND DRIVEWAYS A Avoid hindering or needlessly inconveniencing public travel on a street or any intersecting alley or street for more than two blocks at any one time, except by permission of the Engineer. 07/2006 01140 - 2 of 4 CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES B Obtain the Engineer s approval when the nature of the Work requires closing of an entire street. Permits required for street closure are the Contractor's responsibility. Avoid unnecessary inconvenience to abutting property owners. C Remove surplus materials and debris and open 1000 feet or less for public use as work in that block is complete. D Acceptance of any portion of the Work will not be based on return of street to public use E Avoid obstructing driveways or entrances to private property. F Provide temporary crossing or complete the excavation and backfill in one continuous operation to minimize the duration of obstruction when excavation is required across drives or entrances. G Provide barricades and signs in accordance with Section 01555 — Traffic Control & Regulation. 1.08 CLEAN-UP A Maintain Project Site in a neat and orderly manner. B Perform daily clean-up in and around construction zone of dirt, debris, scrap materials, other disposable items. C Leave streets, driveways, and sidewalks broom -clean or its equivalent at the end of each work day. D Promptly remove barriers, signs, and components of other control systems that are no longer being utilized. E Dispose of waste and excess materials in accordance with requirements of Section 01562 — Waste Material Disposal. 1.09 RESTORATION A Restore damaged permanent facilities to pre -construction conditions unless replacement or abandonment of facilities is indicated on the Plans. B Repair/Replace removed or damaged pavement in accordance with Section 02980 — Pavement Repair and removed or damaged curbs, gutters, and headers in accordance with Section 02770 — Curbs, Curb & Gutter, & Headers. Repair/Replace with like materials to match existing style, lines, grades, etc., unless otherwise directed by Engineer. Repair turf areas which become damaged by Contractor's operations at no additional cost to Owner. 1. Level with bank sand or topsoil, conforming to Section 02255 — Bedding, Backfill, & Embankment Materials, as approved by the Engineer. 07/2006 01140 - 3 of 4 CITYOFPEARLAND CONTRACTOR'S USE OF PREMISES 2. Provide sodding in areas of residential land use over the surface of ground disturbed during construction and not paved, or not designated to be paved, in accordance with Section 02922 — Sodding. Use only block sodding; do not use spot sodding or sprigging 3. Provide hydromulch seeding in areas of commercial, industrial or undeveloped land use over the surface of ground disturbed during construction and not paved, or not designated to be paved, in accordance with Section 02921 — Hydromulch Seeding. 4. Water and level newly sodded areas with adjoining turf using steel wheel rollers appropriate for sodding. 2.0 PRODUCTS - NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 07/2006 01140 - 4 of4 CITY OF PEARLAND MEASUREMENT AND PAYMENT PROCEDURES Section 01200 MEASUREMENT AND PAYMENT PROCEDURES 1.0 GENERAL 1.01 SECTION INCLUDES A Procedures for measurement and payment of Work. B Conditions for nonconformance assessment and nonpayment for rejected products. C References to Technical Specifications: None D Reference Standards: . 1. Concrete Reinforcing Steel Institute (CRSI) 2. American Institute of Steel Construction (AISC) 1.02 AUTHORITY A Units and methods delineated in this Section are intended to complement the criteria of the Technical Specifications and Section 00300 — Bid Proposal. B In the event of conflict, the unit specified for Bid Items in Section 00300 — Bid Proposal shall govern. C Measurements and quantities submitted by the Contractor will be verified by the Engineer. D Contractor shall provide necessary equipment, workers, and survey personnel as required by Engineer to verify quantities. 1.03 UNIT QUANTITIES SPECIFIED A Quantity and measurement estimates stated in Section 00300 — Bid Proposal are for contract purposes only. Quantities and measurements supphed or placed in the Work, authorized and verified by Engineer shall determine payment as stated in Section 00700 — General Conditions of Agreement. B If the actual Work requires greater or lesser quantities than those quantities indicated in Section 00300 — Bid Proposal, provide the required quantities at the unit prices contracted except as otherwise stated in Section 00700 — General Conditions . of Agreement or in executed Change Order. 1.04 MEASUREMENT OF QUANTITIES A Measurement by Weight: Reinforcing steel, rolled or aimed steel or other metal shapes will be measured by CRSI or AISC Manual of Steel Construction weights. Welded assemblies will be measured by CRSI or AISC Manual of Steel Construction or scale weights. BOILER PLATE: JUNE 2006 01200 - 1 of 3 CITY OF PEARLAND MEASUREMENT AND PAYMENT PROCEDURES B Measurement by Volume: 1. Stockpiles Measured by cubic dimension using mean length, width, and height or thickness. 2. Excavation and Embankment Materials: Measured by cubic dimension using the average end area method. C Measurement by Area: Measured by square dimension using mean length and width or radius. D Linear Measurement: Measured by linear dimension, at the item centerline or mean chord. E Stipulated Price Measurement: By unit designated in the agreement. F Other: Items measured by weight, volume, area, or lineal means or combination, as appropriate, as a completed item or unit of the Work. 1.05 PAYMENT A Payment includes full compensation for all required supervision, labor, products tools, equipment, plant, transportation, services, and incidentals; and erection application or installation of an item of the Work; and Contractor's overhead and profit The price bid shall include the total cost for required Work. Claims for payment as Unit Price Work not specifically covered in Section 00300 — Bid Proposal will not be accepted. B Progress Payments for Unit Price Work will be based on the Engineer's observations and evaluations of quantities incorporated in the Work multiplied by the unit price. Progress Payments for Lump Sum Work will be based on the Engineer's observations and evaluations of the percentage of quantities included in the schedule of values incorporated in the Work. D Final Payment for Work governed by unit prices will be made on the basis of the actual measurements and quantities determined by Engineer multiplied by the unit price for Work which is incorporated in or made necessary by the Work. 1.06 NONCONFORMANCE ASSESSMENT A Remove and replace the Work, or portions of the Work, not conforming to the Contract. Documents. B If, in the opinion of the Engineer, it is not practical to remove and replace the Work, the Engineer will direct one of the following remedies: 1. The nonconforming Work will remain as is, but the unit price will be adjusted to a lower price at the discretion of the Engineer 2. The nonconforming Work will be modified as authorized by the Engineer, and the unit price will be adjusted to a lower price at the discretion of the Engineer, if the modified Work is deemed to be less suitable than originally specified BOILER PLATE: JUNE 2006 01200-2of3 CITY OF PEARLAND MEASUREMENT AND PAYMENT PROCEDURES C Individual Technical Specifications may modify these options or may identify a specific formula or percentage price reduction. The authority of the Engineer to assess the nonconforming Work and identify payment adjustment is final. 1.07 NONPAYMENT FOR REJECTED PRODUCTS A Payment will not be made for any of the following: 1. Products wasted or disposed of in a manner that is not acceptable to Engineer. 2. Products determined as nonconforming before or after placement. 3. Products not completely unloaded from transporting vehicle. 4. Products placed beyond the lines and levels of the required Work. 5. Products remaining on hand after completion of the Work, unless specified otherwise. 6. Loading, hauling, and disposing of rejected products. 2.0 PRODUCTS -NotUsed 3.0 EXECUTION - NotUsed END OF SECTION BOILER PLATE: JUNE 2006 01200 - 3 of3 CITY OF PEARLAND CHANGE ORDER PROCEDURES Section 01290 CHANGE ORDER PROCEDURES 1.0 GENERAL 1.01 SECTION INCLUDES A Procedures for processing Change Orders, including: 1. Assignment of a responsible individual for approval and communication of changes in the Work; 2. Documentation of change in Contract Price and Contract Time; 3. Change procedures, using proposals and construction contract modifications, Work .Change Directive, Stipulated Price Change Order, Unit Price Change Order, Time and Materials Change Order; 4. Execution of Change Orders; 5. Correlation of Contractor Submittals. References to Technical Specifications: 1. Section 01350 — Submittals 2. Section 01760 — Project Record Documents C Other References: 1. Rental Rate Blue Book for Construction Equipment (Data Quest Blue Book). Rental Rate is defined as the full unadjusted base rental rate for the appropriate item of construction equipment. 1.02 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 1.03 RESPONSIBLE INDIVIDUAL A Contractor shall provide a letter indicating the name and address of the individual authorized to execute change documents, and who shall also be responsible for informing others in Contractor's employ and Subcontractors•of changes to the Work. The information shall be provided at the Preconstruction Conference. 1.04 DOCUMENTATION OF CHANGE IN CONTRACT PRICE AND CONTRACT TIME A Provide full information required for identification and evaluation ofproposed changes, and to substantiate costs of proposed changes in the Work. B Contractor shall document each Proposal for Change in cost or time with sufficient data to allow for its evaluation. 07/2006 01290 - 1 of4 CITY OF PEARLAND CHANGE ORDER PROCEDURES C Proposal for Change shall include, as a minimum, the following information as applicable: 1. Original Quantities of items in Section 00300 — Bid Proposal with additions, reductions, deletions, and substitutions. 2. When Work items were not included in Section 00300 — Bid Proposal, Contractor shall provide unit prices for the new items, with supporting information as required by the Engineer. 3. Justification for any change in Contract Time. 4. Additional data upon request. For changes in the Work performed on a time -and -material basis, the following additional information may be required: 1. Quantities and description of products and equipment. 2. Taxes, insurance and bonds 3. Overhead and profit as noted in Section 00700 — General Conditions of Agreement, 7.03 ` Extra Work". 4. Dates and times work was performed, and by whom. 5. Time records and certified copies of applicable payrolls. 6. Invoices and receipts for products, rented equipment, and subcontracts, similarly documented. E Rented equipment will be paid to the Contractor by actual invoice cost for the duration of time required to complete the extra work. If the extra work comprises only a portion of the rental invoice where the equipment would otherwise be on the site, the Contractor shall compute the hourly equipment rate by dividing the actual monthly invoice by 176. (One day equals 8 hours and one week equals 40 hours) Operating costs shall not exceed the estimated operating costs given for the item of equipment in the Blue Book F For changes in the work performed on a time -and -materials basis using Contractor - owned .equipment, compute rates with the Blue Book as follows: 1. Multiply the appropriate Rental Rate by an adjustment factor of 70 percent plus the full rate shown for operating costs. The Rental Rate utilized shall be the lowest cost combination of hourly, daily, weekly or monthly rates. Use 150 percent of the Rental Rate for double shifts (one extra shift per day) and 200 percent of the Rental Rate for more than two shifts per day. No other rate adjustments shall apply. 2. Standby rates shall be 50 percent of the appropriate Rental Rate shown in the Blue Book. Operatmg costs will not be allowed. 1.05 CHANGE PROCEDURES A Changes to Contract Price or Contract Time can only be made by issuance of a Change Order. Issuance of a Work Change Directive or written acceptance by the Engineer of changes will be formalized into Change Orders All such changes will be in accordance with the requirements of Section 00700 — General Conditions of Agreement, 7.01 "Change Orders". 07/2006 01290-2of4 CITY OF PEARLAND CHANGE ORDER PROCEDURES B The Engineer will advise Contractor of Minor Changes in the Work not involving an adjustment to Contract Price or Contract Time as authorized by Section 00700 — General Conditions of Agreement, 7.02 "Minor Changes", by issuing supplemental instructions. C Contractor may request clarification of Plans, Technical Specifications or Contract Documents or other information. Response by the Engineer to a Request for Information does not authorize the Contractor to perform tasks outside the scope ofthe Work. All changes must be authorized as described in this Section. 1.06 PROPOSALS FOR CHANGE AND CONTRACT MODIFICATION A The Engineer may issue a Request for Proposal, which includes a detailed description of a proposed change with supplementary or revised Plans and Technical Specifications. TheEngineer may also request a proposal in the response to a Request for Information. Contractor will prepare and submit its Proposal for Change within 7 days or as specified in the request. B The Contractor may propose an unsolicited change by submitting a Proposal for Change to the Engineer describing the proposed change and its full effect on the Work, with a statement describing the reason for the change and the effect on the Contract Price and Contract Time including full documentation. 1.07 WORK CHANGE DIRECTIVE A Engineer may issue a signed Work Change Directive instructing the Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. B 1'he document will describe changes in the Work and will designate a method of determining any change in Contract Price or Contract Time. C Contractor shall proceed promptly to execute the changes in the Work in accordance with the Work Change Directive. 1.08 STIPULATED PRICE CHANGE ORDER A A Stipulated Price Change Order will be based on an accepted Proposal for Change including the Contractor s lump sum price quotation. 1.09 UNIT PRICE CHANGE ORDER A Where Unit Prices for the affected items of the Work are included in Section 00300 - Bid Proposal , the Unit Price Change Order will be based on unit prices as originally bid, subject to provisions of Section 00700 — General Conditions of Agreement. B Where unit prices of the Work are not pre -determined in Section 00300 —Bid Proposal, Work Change Directive or accepted Proposal for Change will specify the umt prices to be used. 07/2006 01290 - 3 of 4 CITY OF PEARLAND CHANGE ORDER PROCEDURES 1.10 TIME -AND -MATERIAL CHANGE ORDER A Contractor shall provide an itemized account and supporting data after completion of change, within time limits indicated for claims in Section 00700 --General Conditions of Agreement. B Engineer will determine the change allowable in Contract Price and Contract Time as provided in Section 00700 — General Conditions of Agreement. C Contractor shall maintain detailed records of work done on time -and -material basis as specified in this Section, 1.04 ` Documentation of Change in Contract Price and Contract Time". D Contractor shall provide full information required for evaluation of changes, and shall substantiate costs for changes in the Work. 1.11 EXECUTION OF CHANGE DOCUMENTATION A Engineer will issue Change Orders, Work Change Directives, or accepted Proposals for Change for signatures of parties named in Section 00500 — Standard Form of Agreement. 1.12 CORRELATION OF CONTRACTOR SUBMITTALS A For Stipulated Price Contracts, Contractor shall promptly revise Schedule of Values and Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Price. B For Unit Price Contracts, the next monthly Application for Payment of the Work after acceptance of a Change Order will be revised to include any new items not previously included and the appropriate unit rates. C Contractor shall promptly revise progress schedules to reflect any change in Contract Time, and shall revise schedules to adjust time for other items of work affected by the change, and resubmit for review. Contractor shall promptly enter changes to the on -site and record copies of the Plans, Technical Specifications or Contract Documents as required in Section01760—Project Record Documents. 2.0 PRODUCTS - NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 07/2006 01290 - 4 of 4 CITY OF PEARLAND COORDINATION AND MEETINGS Section 01310 COORDINATION AND MEETINGS 1.0 GENERAL 1.01 SECTION INCLUDES A Section includes general coordination including Preconstruction Conference, Site Mobilization Conference, and Progress Meetings. B References to Technical Specifications: 1. Section Ol 100 — Summary of Work 1.02 RELATED DOCUMENTS A Coordination is required throughout the documents. Refer to all of the Contract Documents and coordinate as necessary. 1.03 ENGINEER AND REPRESENTATIVES A The Engineer may act directly or through designated representatives as defined in Section 00700 — General Conditions of Agreement, 1.01 "Owner, Contractor, and Engineer' , and as identified by name at the Preconstruction Conference. 1.04 CONTRACTOR COORDINATION A Coordinate scheduling, submittals, and work of the various Technical Specifications to assure efficient and orderly sequence of installation of interdependent construction elements. B Coordinate completion and clean up of the Work for Substantial Completion and for portions of the Work designated for Owner's partial occupancy. C Coordinate access to Project Site for correction of nonconforming work to minimize disruption of Owner's activities where Owner is in partial occupancy. 1.05 PRECONSTRUCTION CONFERENCE A Engineer will schedule a Preconstruction Conference. B Attendance Require& Engineer's representatives, Consultants, Contractor, and major Subcontractors C Agenda: 1. Distribution of Contract Documents. 2. Designation of personnel representing the parties to the Contract, and the Consultant. 3. Review of insurance. 07/2006 01310 - 1 of 3 CITY OF PEARLAND COORDINATION AND MEETINGS 4. Discussion of formats proposed by the Contractor for Schedule of Values, and Construction Schedule. 5. Discussion of required Submittals, including, but not limited to, Work Plans, Traffic Control Plans, Safety Programs, Construction Photographs. 6. Procedures and processmg of Shop Drawings and other submittals, substitutions, Applications for Payment, Requests for Information, Request for Proposal, Change Orders, and Contract Closeout. 7. Scheduling of the Work and coordination with other contractors. 8. Review of Subcontractors. 9. Appropriate agenda items listed in this Section, 1.06 "Site Mobilization Conference", when Preconstruction Conference and Site Mobilization Conference are combined. 10. Procedures for testing. 11. Procedures for maintaining Project Record Documents. 12. Designation of the individual authorized to execute change documents and their responsibihties. 13. Discussion of requirements of a Trench Safety Program. 1.06 .SITE MOBILIZATION CONFERENCE A When required by Section 01100 — Summary of Work, Engineer will schedule a Site Mobilization Conference at the Project Site prior to Contractor occupancy. Attendance Required: Engineer representatives, Consultants, Contractor's Superintendent, and major Subcontractors. C Agenda: 1. Use of premises by Owner and Contractor 2. Safety and first aid procedures 3. Construction controls provided by Owner 4. Temporary utilities 5. Survey and layout 6. Security and housekeeping procedures 1.07 PROGRESS MEETINGS A Progress Meetings shall be held at Project Site or other location as designated by the Engineer. Meeting shall be held at monthly .intervals, or more frequent intervals if directed by Engineer. B Attendance Required: Job superintendent, major Subcontractors and suppliers, Engineer representatives, and Consultants as appropriate to agenda topics for each meeting. C Engineer or his representative will make arrangements for meetings, and recording minutes. D Engineer or his representative will prepare the agenda and preside at meetings. 07/2006 01310 - 2 of 3 CTlY OF PEARLAND COORDINATION AND MEETINGS E Contractor shall provide required information and be prepared to discuss each agenda item. F Agenda: 1. Review minutes of previous meeting. 2. Review of Construction Schedule, Applications for Payment, payroll and compliance submittals. 3. Fieldobservations, problems, and decisions. 4. Identification of problems which impede planned progress. 5. Review of Submittal Schedule and status of submittals. 6. Review status of Requests for Information, Requests for Proposal. 7. Review status of Change Orders. 8. Review of off -site fabrication and delivery schedules. 9 Maintenance of updates to Construction Schedule. 10. Corrective measures to regain projected schedules. 11. Planned progress during succeedmg work period. 12. Coordination of projected progress. 13. Maintenance of quality and work standards. 14. Effect of proposed changes on Construction Schedule and coordination. 15. Other items relating to the Work. 2.0 PRODUCTS -NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 07/2006 01310 - 3 of3 CITY OF PEARLAND SUBMITTALS Section 01350 SUBMITTALS 1.0 EGENERAL This Section contains general lists of Submittals and Technical Specifications that may be required for the Work. When Submittals are required elsewhere in these Technical Specifications, refer to this Section for Submittal requirements and procedures. 1.01 SECTION INCLUDES A Submittal procedures for: 1. Schedule of Values 2. Construction Schedules 3. Shop Drawings, Product Data, and Samples 4. Operations and Maintenance Data 5. Manufacturer's Certificates 6. Construction Photographs 7. Project Record Documents B References to the following Technical Specifications: 1. Section 01310 — Coordination & Meetings 2. Section 01630 — Product Options & Substitutions 3. Section Ol 100 — Summary of Work 4. Section 01380 — Construction Photographs 5. Section 01760 — Project Record Documents 1.02 SUBMITTAL PROCEDURES A Scheduling and Handling 1. Schedule Submittals well in advance of the need for material or equipment for construction Allow time to make delivery of material or equipment after Submittal is approved. 2. Develop a Submittal Schedule that allows sufficient time for initial review, correction, resubmission and final review of all submittals. The Engineer will review and return submittals to the Contractor as expeditiously as possible but the amount of time required for review will vary depending on the complexity and quantity of data submitted. In no case will a Submittal Schedule be acceptable which allows less than 30 days for initial review by the Engineer. This time for review shall in no way be justification for delays or additional compensation to the Contractor. 3. The Engineer's review of submittals covers conformity to the Plans, Technical Specifications, and dimensions which affect the layout. The Contractor is responsible for quantity determination. The Contractor is responsible for any errors, omissions or deviations from the Contract requirements; review of submittals in no way relieves the Contractor from his obligation to furnish required items according to the Plans and Technical Specifications. 07/2006 01350 - 1 of6 CITY OF PEARLAND SUBMITTALS 4. Submit 5 copies of documents unless otherwise specified in this Section or by individual Technical Specifications. 5. Revise and resubmit submittals as required. Identify all changes made since previous submittal. 6. The Contractor shall assume the risk for material or equipment which is fabricated or delivered prior to approval. No material or equipment shall be incorporated into the Work or included in Applications for Payment until approval has been obtained in the specified manner. Transmittal Form and Numbering 1. Transmit each submittal to the Engineer with a transmittal form. 2. Sequentially number each transmittal form beginning with the number 1.. Re - Submittals shall use the original number with an alphabetic suffix (i.e., 2A for first Re -Submittal of Submittal 2 or 15C for third Re -Submittal of Submittal 15). Each submittal shall only contain one type of work, material, or equipment. Mixed submittals will not be accepted. 3. Identify variations from requirements of Contract Documents and identify product or system limitations. 4. For submittalnumbering of video tapes, see this Section, 1.10 "Video". C Contractor's Certification 1. Each submittal shall contain a statement or stamp signed by the Contractor,. certifying that the items have been reviewed in detail and are correct and in accordance with Contract Documents, except as noted by any requested variance. 1.03 SCHEDULE OF VALUES A Submit a Schedule of Values at least 10 days prior to the first Application for Payment. A Schedule of Values shall be provided for each of the items indicated as Lump Sum (LS) in Section 00300 — Bid Proposal for which the Contractor requests to receive Progress Payments. B Schedule of Values shall be typewritten on 8-1/2" x 11", plain bond, white paper. Use the Table of Contents of this Project Manual as a format for listing costs of Work by Section. C Round off figures for each listed item to the nearest $100.00 except for the value of one item, if necessary, to make the total price for all items listed in the Schedule of Values equal to the applicable Lump Sum in Section 00300 — Bid Proposal. D For Unit Price Contracts, items should include a proportional share of Contractor's overhead and profit, such that the total of all items listed in the Schedule of Values equals the Contract amount. For Stipulated Price Contracts, Mobilization, Bonds, and Insurance may be listed as separate items in the Schedule of Values. 07/2006 01350-2of6 CITY OF PEARLAND SUBMITTALS E For Lump Sum equipment items, where Submittals for Testing, Adjusting, and Balancing Reports in conjunction with Operation and Maintenance Data are required, include a separate item for equipment Operation and Maintenance Data Submittals and a separate item for Submittals of equipment Testing, Adjusting, and Balancing Reports, each valued at five (5) percent of the Lump Sum. F Revise the Schedule of Values and resubmit for items affected by contract modifications, Change Orders, and Work Change Directives Submit revised Schedule of Values 10 days prior to the first Application for Payment after the changes are approved by the Engineer. 1.04 CONSTRUCTION SCHEDULES A Submit Construction Schedules for the Work in accordance with the requirements of this Section. The Construction Schedule Submittal shall be, at a minimum, a bar chart, (computer generated or prepared manually) and a narrative report. B During the Preconstruction Meeting, as noted in Section 01310 - Coordination and Meetings, the Contractor shall provide a sample of the format to be used for the Construction Schedule Submittal. The format is subject to approval by the Engineer. Review of the Submittal will be provided within 7 days of the Submittal of the sample. C Within 7 days of the receipt of approval of the Contractor's format, or 14 days of the Notice to Proceed, whichever is later, the Contractor shall submit a proposed Construction Schedule for review. The Construction Schedule Submittal shall meet the following requirements* 1. The Construction Schedule shall usually include a total of at least 20 but not more than 50 activities. Fewer activities may be accepted, if approved by the Engineer. 2. For Projects with work at different physical locations, each location should be mdicated separately within the Construction Schedule. 3. For projects with multiple crafts or significant subcontractor components, these elements should be indicated separately within the Construction Schedule. 4. For Projects with multiple types of tasks within the scope, these types of work should be indicated separately within the Construction Schedule. 5. For Projects with significant major equipment items or materials worth over.25 percent of the Total Contract Price, the Construction Schedule shall indicate dates when these items are to be purchased, when they are to be delivered, and when installed. 6. For Projects where operating plants are involved, each period of work which will require the shut down of any process or operation shall be identified in the Construction Schedule and must be agreed to by the Engineer prior to starting work in the area. 7. A Billing Schedule (tabulation of the estimated monthly billings) for the Work shall be prepared and submitted by the Contractor with the first Construction Schedule. This information is not required in the monthly updates, unless significant changes in Work require re -submittal of the Construction Schedule for review. The total for each month and a cumulative total will be indicated. 07/2006 01350 - 3 of6 CITY OF PEARLAND SUBMITTALS These monthly forecasts are only for planning purposes of the Engineer. Monthly payments for actual work completed will be made by the Engineer in accordance with Section 00700 - General Conditions of Agreement. D The Contractor must receive approval of the Engineer for the Construction Schedule and Billing Schedule prior to the first monthly Application for Payment. No payment will be made until these are accepted. E Upon written request from the Engineer, the Contractor shall revise and submit for approval all or any part of the Construction Schedule to reflect changed conditions in the Work or deviations made from the original plan and schedule. F The Contractor's Construction Schedule shall thereafter be updated with the Actual Start and Actual Finish Dates, Percent Complete, and Remaining Duration of each Activity and submitted monthly. The date to be used in updating the monthly Construction Schedule shall be the same Date as is used in the monthly Application for Payment. This monthly update of the Construction Schedule shall be required before the monthly Application for Payment will be processed for payment. G The narrative Construction Schedule Report shall include a description of changes made to the Construction Schedule; Activities Added to the Construction Schedule; Activities Deleted from the Construction Schedule; any other changes made to the Construction Schedule other than the addition of Actual Start Dates and Actual Finish Dates and Remaining Durations. 1.05 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES A Shop Drawings 1. Submit Shop Drawings for review as required by the Technical Specifications 2. Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures" shall be placed on each Shop Drawing. 3. The Shop Drawing shall accurately and distinctly present the following: a. Field and erection dimensions clearly identified as such. b. Arrangement and section views. c. Relation to adjacent materials or structure including complete mformation for making connections between work under this Contract and work under other contracts. d. Kinds of materials and finishes. e. Parts list and descriptions. f. Assembly Shop Drawings of equipment components and accessories showing their respective positions and relationships to the complete equipment package. g. Where necessary for clarity, identify details by reference to sheet numbers and detail numbers, schedule or room numbers as shown on the Plans. 4. Shop Drawing Drawings shall be to scale, and shall be a true representation of the specific equipment or item to be furnished. 07/2006 01350-4of6 CITY OF PEARLAND SUBMITTALS B Product Data 1. Submit Product Data for review when required in individual Technical Specifications 2. Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures" shall be placed on each data item submitted. 3. Mark each copy to identify applicable products, models, options to be used in this Project. Supplement manufacturers' standard data to provide information unique to this Project, where required by the Technical Specification. 4. For products specified only by reference standard, submit manufacturer, trade name, model or catalog designation, and apphcable reference standard. 5. For Approved Products, those designated in the Technical Specifications followed by the words or approved equal", submit manufacturer trade name, model or catalog designation, and applicable reference standard. 6. For products proposed as alternates to Approved Products, refer to Section 01630 - Product Options and Substitutions, 1.04 "Selection Options" and 1.07 "Substitution Procedures". 7. For products that are neither Pre -Approved, Approved, specified only by reference standard, nor proposed as alternates, submit product description, trade name, manufacturer, and supplier. Contractor shall provide additional information upon written request by Engineer or Owner. C Samples 1. Submit samples for review as required by the Technical Specification. 2. Contractor's Certification, as described m this Section, 1.02 "Submittal Procedures", shall be placed on each sample or a firmly attached sheet of paper. 3. Submit the number of samples specified in the Technical Specification; one of which will be retained by the Engineer. 4. Reviewed samples which may be used in the Work are identified in the Technical Specifications. 1.06 OPERATIONS AND MAINTENANCE DATA A When specified in Technical Specification, submit manufacturers' printed instructions for delivery, storage, assembly installation, start-up, operation, adjusting, finishing, and maintenance. B Contractor's Certification, as described in this Section. 1.02 "Submittal Procedures", shall be placed on front page of each document C Identify conflicts between manufacturers' instructions and Contract Documents. 1.07 MANUFACTURER'S CERTIFICATES A When specified in Technical Specification, submit manufacturers' certificate of compliance for review by Engineer. B Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures", shall be placed on front page of the certificate. 07/2006 01350 - 5 of 6 CITY OF PEARLAND SUBMITTALS C Submit supporting reference data, affidavits, and certifications as appropriate. D Manufacturer's Certificates ,may be recent or previous test results on material or product, but must be acceptable to Engineer. 1.08 CONSTRUCTION PHOTOGRAPHS A When required by Section 01100 — Summary of Work, submit photographs in accordance with Section 01380 — Construction Photographs. 1.09 PROJECT RECORD DOCUMENTS A Submit Project Record Documents in accordance with Section 01760— Project Record Documents. 1.10 VIDEO A Submit television video in DVD format as required in individual Technical Specifications. B Transmittal forms for video disks shall be numbered sequentially beginning with TO 1, T02, T03, etc. 2.0 PRODUCTS Not Used 3.0 EXECUTION - NotUsed END OF SECTION 07/2006 01350 - 6 of 6 CITY OF PEARLAND CONSTRUCTION PHOTOGRPAHS Section 01380 CONSTRUCTION PHOTOGRAPHS 1.0 GENERAL 1.01 SECTION INCLUDES A Requirements for construction photographs and submittals. B References Technical Specifications: 1. Section 01100 — Summary of Work 2. Section 01350 — Submittals 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate. payment will be made for Construction Photographs under this Section. Include cost in Bid Items for installed Work. 1.03 SUBMITTALS A When required by Section 01100 — Summary of Work, submit photographs in accordance applicable provisions of this Section. B Make Submittals required by this and related Sections under the provisions of Section 01350 — Submittals. C Prepare three (3) prints of each view and submit two (2) prints directly to the Project Manager. within seven (7) days of taking photographs. One (1) print shall be retained by the Contractor in the field office at the Project Site and available at all times for reference. D When requested by the Project Manager, the Contractor shall submit extra prints of photographs, for distribution directly to designated parties who will pay the costs for the extra prints directly to the photographer E When required by individual Sections, submit photographs taken prior to start of the Work to show original Project Site conditions. F When required by Contract Documents, submit photographs with Application for Payment. G When required by individual Sections, submit photographs taken following completion of the Work to show the condition in which the Project Site will be left. H With each submittal, include photographic negatives in protective envelopes, identified by Project Name, Contractor, and date photographs were taken. 07/2006 01380 - 1 of 3 CITY OF PEARLAND CONSTRUCTION PHOTOGRPAHS 1.04 QUALITY ASSURANCE A Contractor shall be responsible for the timely execution of the photographs, their vantage point, direction of shot, and quality. 2.0 PRODUCTS 2.01 PHOTOGRAPHS A Photographs shall be 35mm quality, 3x5 color prints with matte finish. B The photographs shall show on a non -elective chalkboard, readable in the photograph: 1. Job number. 2. Date and time photographs were taken. 3. Location of the photograph, house number and street, along with the project number. C Indicate the condition of the following: 1. Esplanades and boulevards. 2. Yards (near side and far side of street). 3. House -walk and sidewalk. 4. Curb 5. Area between walk and curb 6. Particular features (yard lights, shrubs, fence, trees, etc.). 7. Date shall be on negative. 8. Provide notation of vantage point marked for location and direction of shot on a key plan of the Project Site. D Sufficient number of photographs shall be taken to show the existence or non-existence of cracked concrete and the condition of trees, shrubs and grass. E Identify each photograph with an applied label or rubber stamp on the back with the following information: 1. Name of the Project. 2. Name and address of the photographer (if a professional photographer is used). 3. Name of the Contractor. 4. Date the photograph was taken. 5. Photographs to be in plastic pockets and bound in three -ring notebook for easy access and viewing. 3.0 EXECUTION 3.01 PRECONSTRUCTION PHOTOGRAPHS A Prior to the commencement of the Work, take photographs of the entire route of the Project Site. 07/2006 01380 - 2 of 3 CITY OF PEARLAND CONSTRUCTION PHOTOGRPAHS 3.02 POST -CONSTRUCTION PHOTOGRAPHS A Following the completion of the Work, take photographs from corresponding vantage pomts and direction of shots. 3.03 PROGESS PHOTOGRAPHS A Take photographs at intervals, coinciding with the cutoff date associated with each Application for Payment. Select the vantage points for each shot each month to best show the status of construction and progress since the last photographs were taken. Take not less than two (2) shots from the same vantage point creating a time -lapsed sequence. • C Follow direction when given by the Project Manager in selecting vantage points. END OF SECTION • 07/2006 01380 - 3 of3 CITY OF PEARLAND REFERENCED STANDARDS Section 01420 REFERENCED STANDARDS 1.0 GENERAL 1.01 SECTION INCLUDES A General quality assurance as related to Reference Standards and a list of references. B References to Technical Specifications: None 1.02 QUALITY ASSURANCE A For Products or workmanship specified by association, trade, or Federal Standards comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes. B Conform to reference standard by date of issue current on the date as stated in Section 00700 — General Conditions of Agreement. C Request clarification. from Engineer before proceeding should specified reference standards conflict with Contract Documents. 1.03 SCHEDULE OF REFERENCES AASHTO American Association of State Highway and Transportation Officials 444 North Capitol Street, N.W. Washington, DC 20001 ACI AGC AI AITC American Concrete Institute P.O. Box 19150 Reford Station Detroit, MI 48219-0150 Associated General Contractors of America 1957 E Street, N.W Washmgton, DC 20006 Asphalt Institute Asphalt Institute Building College Park, MD 20740 American Institute of Timber Construction 333 W. Hampden Avenue Englewood, CO 80110 07/2006 01420 - 1 of 5 CITY OF PEARLAND REFERENCED STANDARDS AISC AISI American Institute of Steel Construction 400 North Michigan Avenue, Eighth Floor Chicago, IL 60611 American Iron and Steel Institute 1000.16th Street, N W. Washington, DC 20036 ASME American Society of Mechanical Engineers 345 East 47th Street New York, NY. 10017 ANSI APA API AREA American National Standards Institute 1430 Broadway New York, NY 10018 American Plywood Association Box 11700 Tacoma, WA 98411 American Petroleum Institute 1220 L Street, N.W Washington, DC 20005 American Railway Engineering Association 50 F Street, N W. Washington, DC 20001 ASTM American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103 AWPA American Wood -Preservers' Association 7735 Old Georgetown Road Bethesda, MD 20014 AWS American Welding Society P.O. Box 35104 Miami, FL 33135 AWWA American Water Works Association 6666 West Quincy Avenue Denver, CO 80235 07/2006 01420 - 2 of 5 CITY OF PEARLAND REFERENCED STANDARDS CLFMI Chain Link Fence Manufacturers Institute 1101 Connecticut Avenue, N.W. Washington, DC 20036 CRD U.S.A. Corps of Engineers CRSI EJMA Code of Ordinances City of Pearland 3519 Liberty Drive Pearland, TX 77581 Concrete Reinforcing Steel Institute 933 Plum Grove Road Schaumburg, IL 60173-4758 Expansion Joint Manufacturers Association 707 Westchester Avenue White Plains, NY 10604 FDA U.S Food and Drug Administration 5600 Fisher Lane Rockville, MD 20857-0001 FS ICEA IEEE Federal Standardization Documents General Services Administration, Specifications Unit (WFSIS) 7th and D Street S.W. Washington, DC 20406 Insulated Cable Engineer Association P.O. Box 440 S. Yarmouth, MA 02664 Institute of Electrical and Electronics Engineers 445 Hoes Lane P.O. Box 1331 Piscataway, NJ 0855-1331 MIL Military Specifications General Services Administration, Specifications Unit (WFSIS) 7th and D Street S.W Washington, DC 20406 NACE National Association of Corrosion Engineers P. O. Box 986 Katy, TX 77450 07/2006 01420 - 3 of 5 CITY OF PEARLAND REFERENCED STANDARDS NEMA National Electrical Manufacturers' Association 2101 L Street, N.W , Suite 300 Washington, DC 20037 NFPA National Fire Protection Association Batterymarch Park, P O. Box 9101 Quincy, MA 02269-9101 OSHA Occupational Safety Health Administration U.S. Department of Labor, Government Printing OPice Washington, DC 20402 PCA PCI SDI Portland Cement Association 5420 Old Orchard Road Skokie, IL 60077-1083 Prestressed Concrete Institute 201 North Wacker Drive Chicago, IL 60606 Steel Deck Institute Box 9506 Canton, OH 44711 SSPC Steel Structures Painting Council 4400 Fifth Avenue Pittsburgh, PA 15213 TAC Texas Administrative Code TCEQ Texas Commission on Environmental Quality P. O. Box 13087 Austin, TX 78711-3087 TxDOT Texas Department of Transportation 125 East llth Street Austin, TX 78701-2483 Texas MUTCD Texas Manual on Uniform Traffic Control Devices (2003 Adoption) (published by Texas Department of Transportation) UL Underwriters' Laboratories, Inc. 333 Pfingston Road Northbrook, IL 60062 UNI-BELL UNI-BELL Pipe Association 2655 Villa Creek Drive, Suite 155 07/2006 01420 4 of5 CITY OF PEARLAND REFERENCED STANDARDS Dallas, TX 75234, WRI Wire Reinforcement Institute 942 Main Street — Suite 300 Hartford, CT 06103 WWD/PI Water Well Drillers and Pump Installers Advisory Council Texas Department of Licensing and Regulation P.O. Box 12157 Austin, TX 78711 2.0 PRODUCTS -NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 07/2006 01420 ' 5 of 5 CITY OF PEARLAND 1.0 GENERAL CONTRACTOR'S QUALITY CONTROL Section 01430 CONTRACTOR'S QUALITY CONTROL 1.01 SECTION INCLUDES A Quality assurance and control of installation and manufacturer's field services and reports. B References to Technical Specifications: 1. Section 01350 — Submittals 1.02 SUBMITTALS. A Make Submittals required by this Section under the provisions of Section 01350 Submittals. 1.03 QUALITY ASSURANCE/CONTROL OF .INSTALLATION A Monitor quality control over suppliers, manufacturers, products, services, site conditions and workmanship, to produce the Work of specified quality at no additional cost to the Owner B Comply fully with manufacturers'. installation instructions, including each step in sequence. C Request clarification from Project Manager before proceeding should manufacturers' instructions conflict with Contract Documents. Comply with specified Standards as minimum requirements for the Work except when more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship. E Perform work by persons qualified to produce the specified level of workmanship. F Obtain copies of Standards and maintain at Project Site when required by individual Technical Specifications. 1.04 MANUFACTURERS' FIELD SERVICES AND REPORTS A When specified in individual Technical Specifications, provide material or product suppliers' or manufacturers technical representative to observe site conditions, conditions of surfaces and mstallation, quality of workmanship, start-up of equipment, operator training, test, adjust, and balance of equipment as applicable, and to mitiate operation, as required. Conform to minimum time requirements for start-up operations and operator training if defined in Technical Specifications 07/2006 01430 - 1 of 2 CITY OF PEARLAND CONTRACTOR'S QUALITY CONTROL B At the Project Manager's request submit qualifications of manufacturer's representative to Project Manager fifteen (15) days in advance of required representative's services. The representative shall be subject to approval of Project Manager. C Manufacturer's representative shall report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers' written instructions. Submit report within one (1) day of observation to Project Manager for review. 2.0 PRODUCTS -NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 07/2006 01430 - 2 of 2 CITY OF PEARLAND INSPECTION SERVICES Section 01440 INSPECTION SERVICES 1.0 GENERAL 1.01 SECTION INCLUDES A Inspection services and references. B References to Technical Specifications: None 1.02. INSPECTION A Project Manager will appoint an Inspector as a representative of the Owner to perform inspections, tests, and other services specified in individual Technical Specifications. B Alternately, Project Manager may appoint, employ, and pay an independent firm to provide additional inspection or construction management services as indicated in Section 01450 — Testing Laboratory Services. C Reports will be submitted by the independent firm to Project Manager, Engineer, and Contractor, indicating observations and results of tests and indicating compliance or non-compliance with Contract Documents. D Contractor shall assist and cooperate with the Inspector; furnish samples of materials, design mix, equipment, tools, and storage. E Contractor shall notify Project Manager 24 hours prior to expected time for operations requiring services. Notify Engineer and independent firm when noted. F Contractor shall sign and acknowledge report for Inspector. 2.0 PRODUCTS -NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 07/2006 01440 - 1 of 1 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS Section 01500 TEMPORARY FACILITIES AND CONTROLS 1.0 GENERAL 1.01 SECTION INCLUDES A Temporary facilities and the necessary controls for the Work including utilities, telephone, sanitary facilities, field o ffice, storage sheds and building, safety requirements, first aid equipment, fire protection, security measures, protection of the Work and property, access roads and parking, environmental controls, disposal oftrash, debris, and excavated material, pest and rodent control, water runoff and erosion control. B References to Technical Specifications: 1. Section 01350 — Submittals 2. Section Ol 100 — Summary of Work 3. Section 01600 — Material & Equipment 4. Section 01570 — Trench Safety System 5. Section 01555 — Traffic Control & Regulation C Referenced Standards: 1. Occupational Safety and Health Administration (OSHA) 2. National Fire Protection Association (NFPA) 3. Code of Ordinances, City ofPearland, Texas D Definitions: 1. Underground Structures - sewer, water, gas, and other piping, and manholes, chambers, electrical and signal conduits, tunnels, and other existing subsurface installations located within or adjacent to the limits of the Work. 2. Surface Structures - existing buildings, structures and other constructed installations above the ground surface. Included with such structures are their foundations or any extension below the surface. Surface structures include, but are not limited to buildings, tanks, walls, bridges, roads dams channels, open drainage, piping, poles, wires, posts, signs, markers, curbs, walks, guard cables, fencing, and other facilities that are visible above the ground surface. 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 07/2006 01500 - 1 of9 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS 1.04 CONTRACTOR'S RESPONSIBILITY A The facilities and controls specified in this Section are considered minimumfor the Work. The Contractor may provide additional facilities and controls for the proper execution of the Work and to meet Contractor's responsibilities for protection of persons and property. B Comply with applicable requirements specified in other Technical Specifications. 1 Maintain and operate temporary facilities and systems to assure continuous service. 2. Modifyand extend systems as Work progress requires. 3. Completely remove temporary materials and equipment when their use is no longer required. 4. Restore existing facilities used for temporary services to specified or to original condition. 1.05 TEMPORARY UTILITIES A Temporary Service 1. Make arrangements with utility service companies for temporary services. 2. Abide by rules and regulations of the utility service companies or authorities having jurisdiction. 3. Be responsible for utility service costs until the Work is Substantially Complete. Included are fuel, power, light, heat, and other utility services necessary for execution, completion, testing, and initial operation of the Work. B Water 1. Provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices, or for other use as required for proper completion of the Work 2. For water to be drawn from public fire hydrants, obtain special permit or license and meter from the proper City officials. A deposit based on rates established by latest ordinance will be required. Install backflow preventor on fire hydrant supply. 3. Provide and maintain an adequate supply of potable water for domestic consumption by Contractor personnel. C Electricity and Lighting 1. Provide electric power service as required for the Work, including testing of Work. Provide power for lighting, operation of the Contractor's equipment, or for any other use by Contractor. 2. Electric power service includes temporary power service or generator to maintain plant operations during any scheduled shutdown. 3. Minimum lighting level shall be 5 foot-candles for open areas; 10 foot-candles for stairs and shops. D Temporary Heat and Ventilation 1. Provide temporary heat as necessary for protection or completion of the Work. 07/2006 01500 - 2 of 9 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS 2. Provide temporary heat and ventilation to assure safe working conditions; maintain enclosed areas at a minimum of 50 degrees F. E Telephone 1. Provide emergency telephone service at the Project Site for use by Contractor personnel and others performing work or furnishing services. Sanitary Facilities 1. Provide and maintain sanitary facilities for persons on the Project Site, in compliance with federal, state, and local regulations Locate toilets on the Project Site near the work and secluded from view insofar as possible. Keep toilets clean and supplied throughout the course of the Work. 2. Enforce the use of sanitary facilities by construction personnel at the Project Site. Such facilities shall be enclosed. Pit -type toilets will not be permitted. No discharge will be allowed from these facilities. Collect and store sewage and waste so as not to cause a nuisance or health problem; have sewage and waste hauled off -site and properly disposed in accordance with local regulations. 3. Control areas where sanitary facilities are located in conformance with Section 01566 — Source Controls for Erosion & Sedimentation. 1.06 FIELD OFFICE A Provision of a Field Office is optional unless required by Section 01100 — Summary of Work. If the Contractor chooses to provide one, locate it in a place approved by the Engineer. 1.07 STORAGE OF MATERIALS A Provide for storage of materials under the provisions of Section 01600 — Material & Equipment. 1.08 SAFETY REQUIREMENTS A Contractor shall prepare, submit and follow a Safety Program that complies with federal, state, and local safety codes, statutes, and practices. Include in the Safety Program documented response to excavation, embankment, and trench safety requirements as specified in Section 01570 — Trench Safety System. Conduct operations in strict accord with applicable federal, state and local safety codes and statutes and with good construction practice. The Contractor is fully responsible and obligated to establish and maintain procedures for safety of all work, personnel and equipment involved in the Work. C Observe and comply with Texas Occupational Safety Act (Art 5182a, V.C.S.) and with all safety and health standards promulgated by Secretary of Labor under Section 107 of Contract Work Hours and Standards Act, published in OSHA Standards - 29 CFR, Part 1926, and adopted by Secretary of Labor under the Wilhams-Steiger Occupational Safety and Health Act of 1970, and to any other legislation enacted for safety and 07/2006 01500 - 3 of 9 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS health of Contractor employees. Such safety and health standards apply to subcontractors and their employees as well as to the Contractor and its employees. D Observance of and compliance with the regulations shall be solely and without qualification the responsibility of the Contractor without reliance or superintendence of or direction by the Engineer or the Engineer's representative. Immediately advise the Engineer of investigation or inspection by Federal Safety and Health mspectors of the Contractor or subcontractor's work or place of work on the Project Site under this Contract, and after such investigation or inspection, advise the Engineer of the results. Submit one copy of accident reports to Engineer within ten (10) days of occurrence. E Protect areas occupied by workmen using the best available devices for detection of lethal and combustible gases. Test such devices frequently to assure their functional capability. Constantly observe infiltration of liquids into the Work area for visual or odor evidence of contamination. Take immediate and appropriate steps to seal off entry of contaminated liquids to the Work area. F Safety measures, including but not limited to safety personnel, first -aid equipment, ventilating equipment and safety equipment, in the Plans and Technical Specifications are obligations of the Contractor. G Maintain required coordination with the local Police and Fire Departments during the entire period covered by the Contract. 1.09 FIRST AID EQUIPMENT A Provide a first aid kit throughout the construction period List telephone numbers for physicians, hospitals, and ambulance services in each first aid kit. B Have at least one person thoroughly trained in first aid procedures present on the Project Site whenever work is in progress. 1.10 FIRE PROTECTION A Fire Protection Standards 1. Conform to specified fire protection and prevention requirements as well as those which may be established by Federal, State, or local governmental agencies. 2. Comply with all applicable provisions of NFPA Standard No. 241, Safeguarding Building Construction and Demolition Operations. 3. Provide portable fire extinguishers, rated not less than 2A or 5B in accordance with NFPA Standard No. 10, Portable Fire Extinguishers, for each temporary building, and for every 3000 square feet of floor area of facilities under construction. 4. Locate portable fire extinguishers within 50 feet maximum from any point on the Project Site. B Fire Prevention and Safety Measures. 07/2006 01500 - 4 of 9 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS 1. Prohibit smoking in hazardous areas. Post suitable warning signs in areas which are continuously or intermittently hazardous. 2. Use metal safety containers for storage and handling of flammable and combustible liquids. 3. Do not store flammable or combustible liquids in or near stair -ways or exits. 4. Maintain clear exits from all pomts withm a structure. 1.11 SECURITY MEASURES A Protect all materials, equipment, and property associated with the Work from loss, theft, damage, and vandalism. Contractor's duty to protect property includes Owner's property. B If existing fencing or barriers are breached or removed for purposes of construction, provide and maintain temporary security fencing equal to existing. 1.12 PROTECTION OF PUBLIC UTILITIES A Prevent damage to existing public utilities during construction. These utilities are shown on the"Plans at their approximate locations. Give owners of these utilities at " least 48 hours notice before commencing Work in the area, for locating the utilities during construction, and for making adjustments or relocation of the utilities when they conflict with the proposed Work. 1.13 PROTECTION OF PEOPLE AND PROPERTY A Preventive Actions. 1. Take precautions, provide programs and take actions necessary to protect the Work and public and private property from damage. 2. Take action to prevent damage, injury or loss, including, but not limited to, the following • a. Store apparatus, materials, supplies, and equipment in an orderly, safe manner that will not unduly interfere with progress of the Work or the Work of any other contractor, any utility service company, or the Owner's operations. Provide suitable storage for materials which are subject to damage by exposure to weather, theft, breakage, or otherwise. c. Place upon the Work or any part thereof only such loads as are consistent with the safety of that portion of the Work. d. Frequently clean up refuse, rubbish, scrap materials, and debris caused by construction operations, keeping the Work safe and orderly. e. Provide safe barricades and guard rails around openings, for scaffolding, for temporary stairs and ramps, around excavations, elevated walkways, and other hazardous areas. 3. Obtain written consent from proper parties before entering or occupying with workers, tools, materials or equipment, privately -owned land except on easements provided for construction 07/2006 01500 - 5 of 9 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS 4. Assume full responsibility for the preservation of public and private property on or adjacent to the site. If any direct or indirect damage is done by or on account of any act, omission, neglect, or misconduct in execution of the Work by the Contractor, it shall be restored by the Contractor to a condition equal to or better than that existing before the damage was done B Barricades and Warning Signals. 1. Where Work is performed on or adjacent to any roadway, right-of-way, or public place, furnish and erect barricades, fences, lights, warning signs, and danger signals; provide watchmen; and take other precautionary measures for the protection of persons or property and protection of the Work. Conform to Section 01555 — Traffic Control & Regulation C Preserving Control Points 1. Maintain permanent benchmarks, monumentation, and other reference points. Unless otherwise directed in writing, replace at no cost to the Owner those which are damaged or destroyed in accordance with Section 01720 — Field Surveying. D Tree and Plant Protection. 1. Protect trees, shrubs, lawns, outside of grading limits and within the grading limits as designated on the Plans, and in accordance with requirements of Section 01563 — Tree & Plant Protection. E Protection of Underground and Surface Structures 1. Known underground structures, including water, sewer, electric, and telephone services are shown on the Plans in accordance with the best information available, but is not guaranteed to be correct or complete. Contractor is responsible for making Locate Calls. 2. Explore ahead of trenching and excavation work and uncover obstructing underground structures sufficiently to determine their location, to prevent damage to them and to prevent interruption of utility services. Restore to original condition damages to underground structure at no additional cost to the Owner. 3. Immediately notify the agency or company owning any existing utility which is damaged, broken, or disturbed. Obtain approval from the Engineer and agency for any repairs or relocations, either temporary or permanent. 4. Necessary changes in location of the Work may be made by the Engineer to avoid unanticipated underground structures. 5. If permanent relocation of an underground structure or other subsurface installations is required and not otherwise provided for in the Contract Documents the Engineer will direct Contractor in writing to perform the Work, which shall be paid for under the provisions for changes in the Contract Price as described in Section 00700 — General Conditions of Agreement. 6. Support m place and protect from direct or indirect injury to underground and surface structures located within or adjacent to the limits of the Work. Install such supports carefully and as required by the party owning or controlling such structure. Before installing structure supports, Contractor shall satisfy the 07/2006 01500 - 6 of 9 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS Engineer that the methods and procedures to be used have been approved by the owner of the structure 7. Avoid moving or in any way changing the property of public utilities or private service corporations without prior written consent of a responsible official of that service or public utility. Representatives of these utilities reserve the right to enter within the limits of this project for the purpose of maintaining their properties or of making such changes or repairs to their property that may be considered necessary by performance of this Contract. 8. Notify the owners and/or operators of utilities and pipelines of the nature of construction operations to be performed and the date or dates on which those operations will be perfouued. When construction operations are required in the immediate vicinity of existing structures, pipelines, or utilities, give a minimum of five (5) working days advance notice Probe and flag the location of underground utilities prior to commencement of excavation Keep flags in place until construction operations reach and uncover the utility. 9. Assume risks attending the presence or proximity of underground and surface structures within or adjacent to the limits to the Work including but not limited to damage and expense for direct or indirect injury caused by the Work to any structure. Immediately repair damage caused, to the satisfaction of the owner of the damaged structure. 1.14 PROTECTION OF THE WORK 1. Provide protection of installed products to prevent damage from subsequent operations. 2. Remove protection facilities when no longer needed, prior to completion ofthe Work. 3. Control traffic to prevent damage to equipment, materials, and surfaces. 1.15 ROADS AND PARKING A Prevent interference with traffic and Owner operations on existing roads. B Minimize use of existing streets and driveways by construction traffic. C Control traffic to prevent damage to equipment, materials, and surfaces. D Construct and maintain temporary detours, ramps, and roads to provide for normal public traffic flow when use of pubhc roads or streets is closed by necessities of the Work. E Provide mats or other means to prevent overloading or damage to existing roadways from tracked equipment or exceptionally large or heavy trucks or equipment F Designate temporary parking areas to accommodate construction personnel. When site space is not adequate, provide additional off -site parking Locate as approved by Engineer. G Do not allow heavy vehicles or construction .equipment unnecessarily in existing parking areas 07/2006 01500 - 7 of 9 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS 1.16 ENVIRONMENTAL CONTROLS A Provide and maintain methods, equipment, and temporary construction as necessary for controls over environmental conditions at the construction site and adjacent areas. B Comply with statutes, regulations, and ordinances which relate to the proposed Work for the prevention of environmental pollution and preservation of natural resources, including but not limited to the National Environmental Policy Act of 1969, PL 91-190, Executive Order 11514. C Recognize and adhere to the environmental requirements of the Project. Disturbed areas shall be strictly limited to boundaries established by the Contract Documents. Burning of rubbish, debris or waste materials is not permitted. 1.17 POLLUTION CONTROL A Provide methods, means, and facilities required to prevent contamination of soil, water or atmosphere by discharge of noxious substances from construction operations. B Provide equipment and personnel to perfonnu emergency measures required to contain any spillage, and to remove contaminated soils or liquids. Excavate and dispose of any contaminated earth off -site, and replace with suitable compacted fill and topsoil. C Provide systems for control of atmospheric pollutants. 1. Prevent toxic concentrations of chemicals. 2. Preventharmful dispersal of pollutants into the atmosphere. D Use equipment during construction that conforms to current federal, state, and local laws and regulations. 1.18 PEST AND RODENT CONTROL A Provide rodent and pest control as necessary to prevent infestation of Project Site. B Employ methods and use materials which will not adversely affect conditions at the Project Site or adjoining properties. • 1.19 NOISE CONTROL A Provide vehicles, equipment, and construction activities that minimize noise to the greatest degree practicable. Noise levels shall conform to OSHA Standards - 29 CFR and in no case will noise levels be permitted which create a nuisance in the surrounding neighborhoods. B Conduct construction operations during daylight hours from 7:30 a.m. to 6:00 p.m. except as approved by Engineer. C Comply with Chapter 19 NOISE, Codes of Ordinances, City of Pearland, Texas. 07/2006 01500 - 8 of 9 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS 1.20 DUST CONTROL A Control objectionable dust caused by operation of vehicles and equipment under the provisions of Section 01566 — Source Controls for Erosion & Sedimentation. 1.21 WATER RUNOFF AND EROSION CONTROL A Provide methods to control surface water, runoff, subsurface water and water pumped from excavations and structures to prevent damage to the Work, the Project Site or adjoining properties in accordance with Section 01564 — Control of Ground Water & Surface Water and Section 01566 — Source Controls for Erosion & Sedimentation. B Inspect earthwork periodically to detect any evidence of the start of erosion. Apply corrective measures as required to control erosion. 2.0 PRODUCTS - 3.0 EXECUTION Not Used - Not Used END OF SECTION 07/2006 01500-9of9 CITY OF PEARLAND MOBILIZATION Section 01505 MOBILIZATION 1.0 GENERAL 1.01 SECTION INCLUDES A Mobilization of construction equipment and facilities onto the Work. B Referenced Standards: 1. Texas Department of Transportation (TxDOT) 2.. Texas Manual on Uniform Traffic Control Devices (Texas MUTCD) 1.02 MEASUREMENT AND PAYMENT A Measurement for Mobilization is on a Lump Sum basis. Include 50 percent of the cost of Mobilization in the first monthly Application for Payment. B Payment is subject to the receipt and approval by Engineer of the following items, as applicable: 1. Schedule of Values (Section 01350 — Submittals) 2. Trench Safety Program (Section 01570 — Trench Safety System) 3. Construction Schedule (Section 01350 — Submittals) 4. Pre -construction Photographs (Section 01380 — Construction Photographs) C Payment of the remaining 50 percent of the Contract Price for Mobilization is subject to completion of a minimum of 5 percent of the Work, excluding the Mobilization. D Mobilisation payments will be subject to Retainage as stipulated in Section 00700 General Conditions of Agreement. 2.0 PRODUCTS—NotUsed 3.0 EXECUTION—NotUsed END OF SECTION 07/2006 01505 - 1 of 1 CITY OF PEARLAND 1.0 GENERAL STABILIZED CONSTRUCTION EXITS Section 01550 STABILIZED CONSTRUCTION EXITS 1.01 SECTION INCLUDES A Installation of erosion and sediment control for Stabilized Construction Exits used during construction and until final development of the Project site. B References to Technical Specifications: 1. Section 01350 — Submittals 2. Section 01562 — Waste Material Disposal C Referenced Standards: None 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required in this Section under the provisions of Section 01350 — Submittals. B Sieve analysis of aggregates conforming to requirements in this Section, 2.02 "Course Aggregates". 2.0 PRODUCTS 2.01 COARSE AGGREGATES A Coarse aggregate shall consist of crushed stone, gravel, concrete, crushed blast furnace slag, or a combination of these materials Aggregate shall be composed of clean, hard, durable materials free from adherent coatings, salt, alkali, dirt, clay, loam, shale, soft or flaky materials, or organic and injurious matter. Course aggregates shall conform to the following gradation requirements. 07/2006 01550 - 1 of 3 CITY OF PEARLAND STABILIZED CONSTRUCTION EXITS 3.0 EXECUTION Sieve Size Percent Retained (Square Mesh) (by Weight) 2'/2' 0 2" 0-20 1'A" 15-50 3/4" 60-80 No. 4 95 - 100 3.01 PREPARATION AND INSTALLATION A If necessary to keep the street clean of mud carried by construction vehicles and equipment, Contractor shall provide stabilized construction exits at the construction, stagmg, parking, storage, and disposal areas Such erosionand sediment controls shall be constructed in accordance with the requirements shown on the Plans and specified in this Section. B Erosion and sediment control measures shall be in place prior to the start of any Work that exposes the soil, other than as specifically directed by the Engineer to allow soil testing and surveying. C Maintain existing erosion and sediment control systems located within the Project Site until acceptance of the Work or until directed by the Engineer to remove and discard the existing system. D Regularly inspect and repair or replace components of stabilized construction exits. Unless otherwise directed, maintain them until the Work is accepted by the Owner. Remove stabilized construction exits promptly when directed by the Engineer. Discard removed materials in accordance with Section 01562 — Waste Material Disposal. E Equipment and vehicles shall be prohibited by the Contractor from maneuvering on areas outside of dedicated rights -of -way and easements for construction Damage caused by construction traffic to erosion and sediment control systems shall be repaired immediately. F Conduct all construction operations under this Contract in conformance with the erosion control practices described in the Section 01566 - Source Controls for Erosion & Sedimentation. 3.02 CONSTRUCTION METHODS A Provide stabilized access roads, subdivision roads, parking areas, and other on -site vehicle transportation routes where shown on Plans. 07/2006 01550 - 2 of3 CITY OF PEARLAND STABILIZED CONSTRUCTION EXITS B Provide stabilized construction exits, and truck washing areas when approved by Engineer, of the sizes and locations where shown on Plans or as specified in this Section. C Vehicles leaving construction areas shall have their tires cleaned to remove sediment prior to entrance onto public right-of-way. When washing is needed to remove sediment, Contractor shall construct a truck washing area. Truck washing shall be done on stabilized areas which drain into a drainage system protected by erosion and sediment control measures. Details for Stabilized Construction Exits are shown on the Plans. Construction of all other stabilized areas shall be to the same requirements. Roadway width shall be at least 14. feet for one-way traffic and 20 feet for two-way traffic and shall be sufficient for all ingress. and egress. Furnish and place geotextile fabric as a permeable separator to prevent mixing of coarse aggregate with underlaying soil Exposure of geotextile fabric to the elements between laydown and cover shall be a maximum of 14 days to minimize damage potential. E Roads and parking areas shall be graded to provide sufficient drainage away from stabilized areas. Use sandbags, gravel, boards, or similar methods to prevent sediment from entering public right-of-way, receiving stream or storm water conveyance system. F The stabilized areas shall be inspected and maintained daily. Provide periodic top dressing with additional coarse aggregates to maintain the required depth Repair and clean out damaged control measures used to trap sediment. All sediment spilled, dropped, washed, or tracked onto public right-of-way shall be removed immediately. G The length of the stabilized area shall be as shown on the Plans, but not less than 50 feet The thickness shall not be less than 8 inches. The width shall not be less than full width of all points of ingress or egress. H Stabilization for other areas shall have the same coarse aggregate, thickness, and width requirements as the stabilized construction exit, except where shown otherwise on the Plans. I Stabilized area may be widened or lengthened to accommodate truck washing area when authorized by Engineer. J Alternative methods of construction may be utilized when shown on Plans, or when approved by the Engineer. These methods include the following: 1. Cement -Stabilized Soil, Compacted cement -stabilized soil or other fill material in an application thickness of at least 8 inches. 2. Wood Mats/Mud Mats - Oak or other hardwood timbers placed edge -to - edge and across support wooden beams which are placed on top of existing soil in an application thickness of at least 6 inches. 3. Steel Mats - Perforated mats placed across perpendicular support members. END OF SECTION 07/2006 01550 - 3 of3 CITY OF PEARLAND 1.0 GENERAL TRAFFIC CONTROL AND REGULATION Section 01555 TRAFFIC CONTROL AND REGULATION 1.01 SECTION INCLUDES A Requirements for traffic control plans, signs, signals, control devices, flares, lights and traffic signals, as well as construction parking control, designated haul routes and bridging of trenches and excavations B Requirements for and qualifications of Flaggers. C References to Technical Specifications• 1. Section 01350 — Submittals 2. Section 01140 — Contractor's Use of Premises D Referenced Standards: 1. Texas Manual on Uniform Traffic Control Devices (Texas MUTCD) 1.02 MEASUREMENT AND PAYMENT A Traffic Control and Regulation. Measurement is on a Lump Sum basis for Traffic Control and Regulation, including submittal of a traffic control plan if different from the one provided on the Plans, provision of traffic control devices, and provision of equipment and personnel as necessary to protect the Work and the public. The amount invoiced shall be determined based on the Schedule of Values submitted for traffic control and regulation. B Flaggers. Measurement is on a Lump Sum basis for Flaggers as required for the Work. The amount invoiced shall be determined based on the Schedule of Values submitted for Flaggers. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B A Traffic Control Plan responsive to the Texas MUTCD and sealed by a Registered Professional Engineer is incorporated into the Plans. If the Contractor proposes to implement traffic control different than the plan provided, he shall submit a Traffic Control Plan in conformance with Texas MUTCD for approval of the Engineer. C For both the Traffic Control Plan and Flaggers' use, submit Schedules of Values within 30 days following the Notice to Proceed. D Each week submit a daily log for Flaggers listing name, badge number, time start, time finish, and hours worked. 07/2006 01555 - 1 of4 CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION 1.04 FLAGGERS A Unless otherwise specified, use only Flaggers who are off -duty, regularly employed, uniformed Peace Officers. B Flaggers are required at the following locations* 1. Where multi -lane vehicular traffic must be diverted into single -lane vehicular traffic. 2. Where vehicular traffic must change lanes abruptly. 3. Where construction equipment either enters or crosses vehicular traffic lanes and walks. 4. Where construction equipment may intermittently encroach on vehicular traffic lanes and unprotected walks and cross -walks. 5. Where construction activities might affect public safety and convenience 6. Where traffic regulation is needed due to rerouting of vehicular traffic around the work site. C The use of Flaggers is for the purpose of assisting in the regulation of traffic flow and movement, and does not in any way relieve the contractor of full responsibility for taking such other steps and provide such other Flaggers or personnel as the Contractor may deem necessary to protect the work and the public, and does not in any way relieve the Contractor of his responsibility for any damage for which he would otherwise be hable. Flaggers shall be used and maintained at such points for such periods of time as may be required to provide for the public safety and convenience of travel. 2.0 PRODUCTS 2.01 SIGNS, SIGNALS, AND DEVICES A Comply with Texas MUTCD regulations. B Traffic Cones and Drums, Flares and Lights: As approved by agencies having jurisdiction. 3.0 EXECUTION 3.01 PUBLIC ROADS A Abide by laws and regulations of governing authorities when using public roads. If the Contractor's work requires that public roads be temporarily impeded or closed, approvals shall be obtained from governing authorities and permits paid for before starting any work. Coordinate activities with the Engineer. B Contractor shall maintain at all times a 10-foot-wide all-weather lane adjacent to work areas which shall be kept free of construction equipment and debris and shall be for the use of emergency vehicles, or as otherwise provided in the Traffic Control Plan. 07/2006 01555 - 2 of4 CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION C Contractor shall not obstruct the normal flow of traffic from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on designated major arterials or as directed by the Engineer. D Contractor shall maintain local driveway access to residential and commercial properties adjacent to work areas at all times. E Cleanliness of Surrounding Streets: l . Keep streets used for entering or leaving the job area free of excavated material, debris, and any foreign material resulting from construction operations Leave the area broom -clean or its equivalent at the end of the work day. F Control vehicular parking to prevent interference with public .traffic and parking, and access by emergency vehicles. G Monitor parking of construction personnel's vehicles in existing facilities. Maintain vehicular access to and through parking areas. H Prevent parking on or adjacent to access roads or in non -designated areas. 3.02 FLARES AND LIGHTS A Provide flares and lights during hours of low visibility to delineate traffic lanes and to guide traffic. 3.03 HAUL ROUTES A Utilize haul routes designated by authorities or shown on the Plans for construction traffic. B Confine construction traffic to designated haul routes. C Provide traffic control at critical areas of haul routes to regulate traffic and minimize interference with public traffic. 3.04 TRAFFIC SIGNS AND SIGNALS A Install traffic control devices at approaches to the site and on site, at crossroads, detours, parking areas, and elsewhere as needed to direct construction and affected public traffic. B Relocate traffic signs and control devices as Work progresses to maintain effective traffic control. 3.05 BRIDGING TRENCHES AND EXCAVATIONS A Whenever necessary, bridge trenches and excavation to permit an unobstructed flow of traffic. 07/2006 01555 - 3 of4 CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION B Secure bridging against displacement by using adjustable cleats, angles, bolts or other devices whenever bridge is installed: 1. On an existing bus routes 2. When more than five percent of daily traffic is comprised of commercial or truck traffic; 3. When more than two separate plates are used for the bridge; or 4. When bridge is to be used for more than five consecutive days. C Install bridging to operate with minimum noise. D Adequately shore the trench or excavation to support bridge and traffic. E Extend steel plates used for bridging a minimum of one foot beyond edges of trench or excavation. Use temporary paving materials (premix) to feather edges of plates to minimize wheel impact on secured bridging. F Use steel plates of sufficient thickness to support H-20 loading, truck or lane, that produces maximum stress. 3.06 CLEAN-UP AND RESTORATION A Perfouu clean-up and restoration in and around construction zone in accordance with Section 01140 — Contractor's Use of Premises. B Remove equipment and devices when no longer required. C Repair damage caused by installation. D Remove post settings to a depth of 2 feet. END OF SECTION 07/2006 01555 - 4 of 4 CITY OF PEARLAND TRENCH SAFETY SYSTEM Section 01570 TRENCH SAFETY SYSTEM 1.0 GENERAL 1.01 SECTION INCLUDES A Trench safety system for the construction of trench excavations. B Trench safety system for excavation of utilities, excavation of structures, and embankment which fall under provisions of federal, state, or local excavation safety laws. C References to Technical Specifications: 1. Section 01200 — Measurement & Payment Procedures 2. Section 01350 Submittals D Referenced Standards: 1. Occupational Safety and Health Administration (OSHA) E Definitions: 1. Trench. A narrow excavation (in relation to its depth) made below the surface of the ground. In general, the depth is greater than the width, but the width of a trench (measured at the bottom) is not greater than 15 feet. 2. Trench safety system requirements apply to larger open excavations if the erection of structures or other installations limits the space between the excavation slope and the installation to dimensions equivalent to a trench as defined. 3. Trench safety systems include both Protective Systems and Shoring Systems but are not limited to sloping, sheeting, trench boxes or trench shields, slide rail systems sheet piling,. cribbing, bracing, shoring, dewatering or diversion of water to provide adequate drainage. a. Protective System: A method of protecting employees from cave-ins, from material that could fall or roll from an excavation face or into an excavation, or from the collapse of an adjacent structure. Shoring System: A structure, which supports the sides of an excavation, to prevent cave-ins, maintain stable soil conditions, or to prevent movements of the ground affecting adjacent installations or improvements. c. Special Shoring: A shoring system meeting Special Shoring Requirements for locations identified on the Plans. 4. Competent Person- one who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous, or dangerous to employees and who has authorization to take prompt corrective measures to ehminate them. Q7/2006 01570 - 1 of 4 CITY OF PEARLAND TRENCH SAFETY SYSTEM 1.02 MEASUREMENT AND PAYMENT A Measurement for trench safety systems used on utility excavations is on a linear foot basis, measured along the centerline of the trench Payment for trench safety systems includes payment for manholes and other line structures. B Unless indicated in as a Bid Item, no separate payment will be made for shoring systems under this Section. Include cost in Bid Items for trench safety systems. C If shown on the Plans and included in Section 00300 — Bid Proposal as a separate Bid Item, Measurement and Payment for Special Shoring system installation for trench excavation is on a square foot basis, measured and completed in place. D Unless indicated as a Bid Item, no separate payment will be made for trench safety systems used on structural excavations under this Section. Include cost for trench safety system used on structural excavations in applicable structure installation. E Unless indicated as a Bid Item, no separate payment will be made for trench safety systems used on roadway excavation or embankment under this. Section. Include cost in applicable Sections F Refer to Section 01200 — Measurement & Payment Procedures. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Submit a safety plan specifically for the construction of trench excavation, excavation of utilities, excavation of structures and embankment which fall under provisions of federal, state, or local excavation safety laws. Design the Trench Safety Plan to be in accordance with OSHA Standards - 29CFR governing the presence and activities of individuals working in and around trench excavations, and in accordance with any Special Shoring requirements at locations shown on the Plans. Include in the plan, submittal of the contact information for the Competent Person C Have Shop Drawings for trench safety systems sealed, as required by OSHA, by a Professional Engineer, licensed by the State of Texas, retained and paid by the Contractor. 1.04 REGULATORY REQUIREMENTS A Install and maintain trench safety systems in accordance with the provision of Excavations, Trenching, and Shoring, OSHA Standards — 29 CFR, Part 1926, Subpart P, as amended, including Final Rule, published in the Federal Register Vol. 54 No. 209 on Tuesday, October 31, 1989. The sections that are incorporated into these Technical Specifications, by reference, include Standard 1926.650 — 652. 07/2006 01570 - 2 of 4 CITY OF PEARLAND TRENCH SAFETY SYSTEM B A reproduction of the OSHA Standards — 29 CFR included in Subpart P — "Excavations" from the Federal Register Vol. 54, No. 209 is available upon request to Contractors bidding on the Work. The Owner assumes no responsibility for the accuracy of the reproduction. The Contractor is responsible for obtaining a copy ofthis section of the Federal Register. C Include in the Trench Safety Program measures that establish compliance with the standard interpretation of the General Duty Clause, Section 5.(a)(1), of the Occupational Safety and Health Act of 1970 — 20 USC 654 which states, "Employers must shore or otherwise protect employees who walk/work at the base of an embankment from possible collapse." D Legislation that has been enacted by the State of Texas with regard to Trench Safety Systems is hereby incorporated, by reference, into these specifications. Under Texas Statutes refer to Chapter 756 of the Health and Safety Code, SUBCHAPTER C. TRENCH SAFETY. E Reference materials, if developed for this Work, will be issued by the Engineer along with the Bid Documents, including the following: 1. Geotechnical information obtained for use in design of the trench safety system 2. Special Shoring Requirements. 1.05 INDEMNIFICATION A Contractor shall indemnify and hold harmless the Owner, its employees, and agents, from any and all damages, costs (including, without limitation, legal fees, court costs, and the cost of investigation), judgments or claims by anyone for injury or death of persons resulting from the collapse or failure of trenches constructed under this Contract. B Contractor acknowledges and agrees that this indemnity provision provides indemnity for the Owner in case the Owner is negligent either by act or omission in providing for trench safety, including, but not limited to safety program and design reviews, inspections, failures to issue stop work orders, and the hiring of the Contractor. C Review of the safety program by the Engineer will only be in regard to compliance with the Contract Documents and will not constitute approval by the Engineer nor relieve Contractor of obligations under state and federal trench safety laws 2.0 PRODUCTS - NotUsed 3.0 EXECUTION 3.01 INSTALLATION A Install and maintain trench safety systems in accordance with provisions of OSHA Standards — 29 CFR. 07/2006 01570 - 3 of4 CITY OF PEARLAND TRENCH SAFETY SYSTEM B Specially designed trench safety systems shall be installed in accordance with the Contractor's trench excavation safety program for the locations and conditions identified in the program. C Install Special Shoring at the locations shown on the Plans. D Obtain verification from a Competent Person, defined in this Section and as identified in the Contractor's Trench Safety Program, that trench boxes and other pre -manufactured systems are certified for the actual installation conditions 3.02 INSPECTION A Conduct daily inspections by Contractor or Contractor s independently retained consultant, of the trench safety systems to ensure that the installed systems and operations meet OSHA Standards — 29 CFR and other personnel protection regulations requirements. B If evidence of possible cave-ins or slides is apparent, immediately stop work in the trench and move personnel to safe locations until necessary precautions have been taken to safeguard personnel C Maintain a permanent record of daily inspections. 3.03 FIELD QUALITY CONTROL A Verify specific applicability of the selected or specially designed trench safety systems to each field condition encountered on the Work. END OF SECTION 07/2006 01570 - 4 of 4 CITY OF PEARLAND MATERIAL AND EQUIPMENT Section 01600 MATERIAL AND EQUIPMENT 1.0 GENERAL 1.01 SECTION INCLUDES A Requirements for transportation, delivery, handling, and storage of materials and equipment. B References to Technical Specifications: None 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work perfonnned under this Section. Include cost in Bid Items for which this work is a component. 1.03 PRODUCTS A Products: Means material, equipment, or systems forming the Work. Does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work. Products may also include existing materials or components designated for reuse. B Do not reuse materials and equipment, designated to be removed, except as specifiedby the Contract Documents. C Provide equipment and components from the fewest number of manufacturers as is practical, m order to simplify spare parts inventory and to allow for maximum interchangeability of components. For multiple components of the same size, type or application, use the same make and model of component throughout the Work. 1.04 TRANSPORTATION A Make arrangements for transportation, delivery, and handling of equipment and materials required for timely completion of the Work. B Transport and handle products in accordance with instructions. C Consign and address shipping documents to the proper party giving name of Project, street number, and City. Shipments shall be delivered to the Contractor. 1.05 DELIVERY A Arrange deliveries of products to accommodate the Construction Schedule and in ample time to facilitate inspection prior to installation. Avoid deliveries that cause lengthy storage or overburden of limited storage space. 07/2006 01600 - 1 of 3 CITY OF PEARLAND MATERIAL AND EQUIPMENT B Coordinate deliveries to avoid conflict with Work and conditions at the Project Site and to accommodate the following: 1. Work of other contractors or the Owner. 2. Limitations of storage space. 3. Availability of equipment and personnel for handling products. 4. Owner's use of premises. C Have products delivered to the Project Site in manufacturer's original, unopened, labeled containers. D Immediately upon delivery, inspect shipment to assure: 1. Product complies with requirements of Contract Documents. 2. Quantities are correct. 3. Containers and packages are intact; labels are legible. 4. Products are properly protected and undamaged. 1.06 PRODUCT HANDLING A Coordinate the off-loading of materials and equipment delivered to the Project Site. If necessary to move stored materials and equipment during construction, Contractor shall relocate materials and equipment at no additional cost to the Owner. B Provide equipment and personnel necessary to handle products, including those provided by the Owner, by methods to prevent damage to products or packaging. C Provide additional protection during handling as necessary to prevent breaking scraping, marring, or otherwise damaging products or surrounding areas. D Handle products by methods to prevent over bending or overstressing. E Lift heavy components only at designated lifting points. F Handle materials and equipment in accordance with Manufacturer's recommendations. G Do not drop, roll, or skid products off delivery vehicles. Hand carry or use suitable materials handling equipment.. 1.07 STORAGE OF MATERIAL A Store and protect materials in accordance with manufacturer's recommendations and requirements of these Technical Specifications Control storage of potential water pollutants in confoimance with Section 01566 — Source Controls for Erosion & Sedimentation B Make necessary provisions for safe storage of materials and equipment. Place loose soil materials, and materials to be incorporated into the Work to prevent damage to any part of the Work or existing facilities and to maintain free access at all times to all parts of the Work and to utility service company installations in the vicinity of the Work. 07/2006 01600 - 2 of 3 CITY OF PEARLAND MATERIAL AND EQUIPMENT C Keep materials and equipment neatly and compactly stored in locations that will cause a minimum of inconvenience to other contractors, public travel, adjoining owners, tenants, and occupants. Arrange storage in a manner to provide easy access for inspection D Provide adequately ventilated, watertight storage facilities with floor above ground level for materials and equipment susceptible to weather damage. E Restrict storage to areas available on the construction site for storage of material and equipment as shown on Plans or approved by the Project Manager.. F Provide off -site storage and protection when on -site storage is not adequate. G Do not use lawns, grass plots, or other private property for storage purposes without written permission of the owner or other person in possession or control of such premises. Damage to lawns, sidewalks, streets or other improvements shall be repaired or replaced to the satisfaction of the Project Manager. H Protect stored materials and equipment against loss or damage. I Store materials in manufacturers' unopened containers. J Materials delivered and stored along the line of the Work shall be not closer than 3 feet to any fire hydrant. Public and private drives and street crossings shall be kept open. K The total length which materials may be distributed along the route of construction at any one time is 1000 lineal feet, unless otherwise approved in writing by the Project Manager. 2.0 PRODUCTS -NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 07/2006 01600 - 3 of 3 CITY OF PEARLAND 1.0 GENERAL PRODUCT OPTIONS AND SUBSTITUTIONS Section 01630 PRODUCT OPTIONS AND SUBSTITUTIONS 1.01 SECTION INCLUDES A Options for making product or process selections B Procedures for proposing equivalent construction products or processes, including pre - approved, and approved products or processes C References to Technical Specifications: 1. Section 01350 — Submittals 1.02 SUBMITTALS A Make Submittals required by this and related Sections under the provisions of Section 01350 — Submittals. 1.03 DEFINITIONS A Product: Means, materials, equipment, or systems incorporated into the Work. Product does not include machinery and equipment used for production, fabrication, conveying, and erection of the Work. Products •may also include existing materials or components designated for re -use. B Process: Any proprietary system or method for installing system components resulting in an integral, functioning part of the Work. For this Section, the word Product includes Processes. 1.04 SELECTION OPTIONS A Pre -approved Products: Products of certain manufacturers or suppliers are designated m the Technical Specifications as "pre -approved". Products of other manufacturers or suppliers will not be acceptable under this Contract and will not be considered under the submittal process for approving alternate products. B Approved Products: Products of certain manufacturers or suppliers designated in the Technical Specifications followed by the words "or approved. equal' Approval of alternate products not listed in the Technical Specifications may be obtained through provisions of this Section and Section 01350 — Submittals. The procedure for approval of alternate products is not applicable to Pre -approved Products. C Product Compatibility- To the maximum extent possible, provide products that are of the same type or function from a single manufacturer, make, or source. Where more than one choice is available as a Contractor s option, select a product which is compatible with other products already selected, specified, or in use by the Owner 0712006 01630 -1 of 3 CITY OF PEARLAND PRODUCT OPTIONS AND SUBSTITUTIONS 1.05 CONTRACTOR'S RESPONSIBILITY A Furnish information the Engineer deems necessary to judge equivalency ofthe alternate product. Pay for laboratory testing as well as any other review or examination cost needed to establish the equivalency between products which enables the Engineer to make such a judgment. G If the Engineer determines that an alternate product is not equivalent to that named in the Technical Specifications, the Contractor shall furnish one ofthe specified products. 1.06 ENGINEER'S REVIEW A Alternate products may be used only if approved in writing by the Engineer. The Engineer's determination regarding acceptance of a proposed alternate product is final. B Alternate products will be accepted if the product is judged by the Engineer to be equivalent to the specified product or to offer substantial benefit to the Owner C The Owner retains the right to accept any product deemed advantageous to the Owner, and similarly, to reject any product deemed not beneficial to the Owner. 1.07 SUBSTITUTION PROCEDURE A Collect and assemble technical information applicable to the proposed product to aid in determining equivalency as related to the Approved Product specified. B Submit a written request for a product to be considered as an alternate product along with the product information within fourteen (14) days after the Effective Date of the Agreement. C After the submittal period has expired, requests for alternate products will be considered only when a specified product becomes unavailable because of conditions beyond the Contractor's control. D Submit 5 copies of each request for alternate product approval Include the following information: 1. Complete data substantiating compliance of proposed substitution with Contract Documents. 2. For products: a. Product identification, including manufacturer's name and address. b. Manufacturer's literature with product description, performance and test data, and reference standards. c. Samples, as applicable. d. Name and address of similar projects on which product was used and date of installation. Include the name of the Owner, Architect/Engineer, and installing contractor. 07/2006 01630 - 2 of 3 CITY OF PEARLAND PRODUCT OPTIONS AND SUBSTITUTIONS 3. For construction methods: a. Detailed description of proposed method. b. Shop Drawings illustrating methods. 4. Itemized comparison of proposed substitution with product or method specified. 5. Data relating to changes in Construction Schedule 6. Relationship to separate contracts, if any. 7. Accurate cost data on proposed substitution in comparison with product or method specified. S. Other information requested by the Engineer. E Approved alternate products will be subject to the same review process as the specified product would have been for Shop Drawings, Product Data, and Samples. 2.0 PRODUCTS -NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 07/2006 01630 - 3 of3 CITY OF PEARLAND CUTTING AND PATCHING Section 01730 CUTTING AND PATCHING 1.0 GENERAL 1.01 SECTION INCLUDES A Cutting, patching and fitting of Work to existing facilities, or to accommodate installation or connection of Work with existing facilities, or to uncover Work for access, inspection or testing. B References to Technical Specifications: 1. Section 01350 — Submittals 2. Section 01630 — Product Options & Substitutions 1.02 MEASURMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Submit written notice to the Engineer requesting consent to proceed prior to cutting which may affect structural integrity or design function, Owner operations, or work of another contractor. C Include the following in submittal: 1. Identification of Project. 2. Description of affected Work. 3. Necessity for cutting. 4. Effect on other work and on structural integrity. 5. Include description of proposed Work: a. Scope of cutting and patching. b. Contractor, subcontractor or trade to execute Work. c. Products proposed to be used. d. Extent of refinishing e. Schedule of operations. 6. Alternatives to cutting and patching, if any. D Should conditions of Work or schedule indicate change of materials or methods, submit a written recommendation to the Engineer including: 1. Conditions indicating change. 2. Recommendations for alternative materials or methods 3. Submittals as required for substitutions in Section 01630 — Product Options & Substitutions 07/2006 01730 - 1 of 3 CITY OF PEARLAND CUTTING AND PATCHING E Submit written notice to the Engineer designating time Work will be uncovered for observation. Do not begin cutting. or patching operations until authorized by the Engineer. 1.04 CONNECTIONS TO EXISTING FACILITIES A Perform construction necessary to complete connections and tie-ins to existing facilities. Keep all existing facilities in continuous operation unless otherwise specifically permitted in these Technical Specifications or approved by the Engineer. B Coordinate with the Engineer, interruption of service requiring connection into existing facilities. Bypassing of wastewater or sludge to waterways is not permitted. Provide temporary pumping facilities to handle wastewater if necessary. Use temporary bulkheads (e.g., inflatable plugs) to minimize disruption. Provide temporary power supply and piping to facilitate construction where necessary. C Submit a detailed schedule of proposed connections, including shut -downs and tie-ins. Include in the submittal the proposedtime and date as well as the anticipated duration of the Work. Submit the detailed schedule coordinated with the construction schedule. 1. Provide specific time and date information to the Engineer 48 hours in advance of proposed Work. D Procedures and Operations• 1. The Contractor may operate existing pumps, valves and gates required for sequencing procedures only as directed by the Engineer. Do not operate any valve, gate or other item of equipment without permission of the Owner and the knowledge of the Engineer. 2. Insofar as possible, equipment shall be tested and in operating condition before final tie-ins are made to connect equipment to the existing facility 3. Carefully coordinate Work and schedules. Provide written notice to the Engineer at least 48 hours before shut -downs or by-passes are required. 2.0 PRODUCTS Not Used.. 3.0 EXECUTION A Perform activities to avoid interference with facility operations and the Work of others in accordance with Section 00700 — General Conditions of the Agreement. B Execute cutting and patching including excavation, backfill, and fitting to: 1. Remove and replace defective Work or Work not conforming to the Plans and Technical Specifications 2. Take samples of installed Work as required for testing. 3. Remove construction required to provide for specified alteration or addition to existing Work. 4. Uncover Work to provide for inspection or reinspection of covered Work by the Engineer or regulatory agencies having jurisdiction. 5. Connect any Work that was not accomplished in the proper sequence to completed Work. • 07/2006 01730 - 2 of 3 CITY OF PEARLAND CUTTING AND PATCHING 6. Remove or relocate existing utilities and pipes which obstruct Work to which connections must be made, 7. Make connections or alterations to existing or new facilities. 8. Provide openings, channels, chases and flues, if any, and do cutting, patching and finishing C Restore existing Work to a state equal to or better than that prior to cutting and patching. Restore new Work to standards of these Technical Specifications. D Support, anchor, attach, match, trim and seal materials to the Work of others. Unless otherwise specified, furnishand install sleeves, inserts, hangers, required for the execution of the Work. E Provide shoring, bracing and support as required to maintain structural integrity and protect adjacent Work from damage during cutting and patching. Before cutting beams or other structural members, anchors, lintels or other supports, request written instructions from the Engineer. Follow such instructions, as applicable. END OF SECTION 07/2006 01730 - 3 of 3 CITY OF PEARLAND STARTING SYSTEMS Section 01750 STARTING SYSTEMS 1.0 GENERAL 1.01 SECTION INCLUDES A Starting systems. B Demonstration and instructions. C Testing, adjusting, and balancing. D References to Technical specifications• 1. Section 01350 — Submittals 2. Section 01430 — Contractor's Quality Control 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Submit a written report that equipment or system has been properly installed and is functioning correctly. 2.0 PRODUCTS - NotUsed 3.0 EXECUTION 3.01 PREPARATION A Contractor shall conduct all start-up operations under this Contract in conformance with Section 01430 — Contractor's Quality Control. Coordinate schedule for start-up of various equipment and systems. C Notify Engineer 7 days prior to startup of each item. D Verify that each piece of equipment or system has been checked for proper lubrication, drive rotation, belt tension, control sequence, or other conditions which may cause damage. E Verify that tests, meter readings, and specified electrical characteristics agree withthose required by the equipment or system manufacturer. 07/2006 01750 - 1 oft CITY OF PEARLAND STARTING SYSTEMS F Verify wiring and support components for equipment are complete and tested. G Execute start-up under Contractor's supervision in accordance with manufacturer's instructions. H When specified in individual specification sections, require manufacturer to provide authorized representative to be present at site to inspect check and approve equipment or system installation prior to and during start-up, and to supervise placing equipment or system in operation. 3.02 DEMONSTRATION AND INSTRUCTIONS A Demonstrate operation and maintenance of products to Owner two weeks minimum prior to date of Substantial Completion. B Utilize operation and maintenance manuals as basis for instruction. Review contents of manual with Owner in detail to explain all aspects of operation and maintenance. C Demonstrate start-up, operation, control, adjustment, trouble -shooting, servicing, maintenance, and shutdown of each item of equipment at agreed -upon times, at equipment location. Prepare and insert additional data in operations and maintenance manuals when need for additional data becomes apparent during instruction. 3.03 'TESTING, ADJUSTING, AND BALANCING A Contractor shall start, test, adjust, balance, and provide reports on all installed equipment as provided for m this section. B Owner may also appoint, employ, and pay for services of an independent firm to perform testing, adjusting, and balancing. Reports will be submitted by the independent firm to the Owner indicating observations and results of the tests and indicating compliance or non-compliance with specified requirements and with the requirements of the Contract Documents C Owner's employment of an independent firm shall ,not relieve the Contractor's responsibility under this section. END OF SECTION 07/2006 01750 - 2 of 2 CITY OF PEARLAND PROJECT RECORD DOCUMENTS Section 01760 PROJECT RECORD DOCUMENTS 1.0 GENERAL 1.01 SECTION INCLUDES A Maintenance and Submittal of Record Documents and Samples. B References to Technical Specifications: 1. Section 01350 — Submittals 2. Section 01770 — Contract Closeout 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required by this and related Sections under the provisions of Section 01350 — Submittals. 1.04 MAINTENANCE OF DOCUMENTS AND SAMPLES A Maintain one copy of Record Documents at the Project Site in accordance with Section 00700 — General Conditions of Agreement, 3.02 ` Keeping Plans and Specifications Accessible". B Store Record Documents and Samples in field office if a field office is required by Contract Documents, or in a secure location. Provide files, racks, and secure storage for Record Documents and Samples. C Label each document "PROJECT RECORD" in neat, large, printed letters. D Maintain Record Documents in a clean, dry, and legible condition. Do not use Record Documents for construction purposes. E Keep Record Documents and Samples available for inspection by Engineer. 1.05 RECORDING A Record information concurrently with construction progress. Do not conceal any work until required information is recorded. B Plans, Change Orders, and Shop Drawings: Legibly mark each item to record all actual • construction, or " as built" conditions, including: 1. Measured horizontal locations and elevations of underground utilities. and appurtenances, referenced to permanent surface improvements. 07/2006 01760 - 1 of 2 CITY OF PEARLAND PROJECT RECORD DOCUMENTS 2. Elevations of underground utilities referenced to bench marks utili?ed for the Work. 3. Field changes of dimension and detail. 4. Changes made by modifications. 5. Details not on original Plans. 6. References to related Shop Drawings and Modifications. C Record information with a red pen or pencil on a set of blue line opaque drawings, provided by Engineer. 2.0 PRODUCTS - NotUsed 3.0 EXECUTION A • Deliver Record Documents and Samples to Owner in accordance with Section 01770 — Contract Closeout. END OF SECTION 07/2006 01760 - 2 of 2 CITY OF PEARLAND CONTRACT CLOSEOUT Section 01770 CONTRACT CLOSEOUT 1.0 GENERAL 1.01 SECTION INCLUDES A Closeout procedures including final submittals such as operation and maintenance data, warranties, and spare parts and maintenance materials. B References to Technical Specifications* 1. Section 01350 — Submittals 2. Section 01760 — Project Record Documents 1.02 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 1.03 CLOSEOUT PROCEDURES A Comply with Section 00700 — General Conditions of Agreement regarding Final Completion and Final Payment when Work is complete and ready for Engineer's final mspection. Provide Record Documents under provisions of Section 01760 — Project Record Documents C Complete or correct items on punch list, with no new items added. Any new items will be addressed during warranty period. D The Owner will occupy portions ofthe Work as specified in Section 00700 — General Conditions of Agreement. E Contractor shall request Final Inspection at least two weeks prior to Final Acceptance. • 1.04 FINAL CLEANING A Execute final cleaning prior to final inspection. B Clean debris from drainage systems. C Clean Project Site; sweep paved areas, rake clean landscaped surfaces. D Remove waste and surplus materials, rubbish, and temporary construction facilities from the Project Site following the final test of utilities and completion of the Work. 0712006 01770 - 1 of 2 CITYOFPEARLAND CONTRACT CLOSEOUT 1.05 OPERATION AND MAINTENANCE DATA A Submit Operations and Maintenance data under provisions of Section 01350 — Submittals. 1.06 WARRANTIES A B C D Provide one original of Manufacturers. Provide Table of Contents plastic cover. each warranty from Subcontractors, Suppliers, and and assemble warranties in 3-ring/D binder with durable Submit warranties prior to Final Application for Payment. Warranties shall commence in accordance with the requirements of Section 00700 — General Conditions of Agreement, 1.09 "Substantially Completed". 2.0 PRODUCTS - 3.0 EXECUTION Not Used - Not Used END OF SECTION 07/2006 01770 - 2 of 2 CITY OF PEARLAND TECHNICAL SPECIFICATIONS DIVISION 2 TECHNICAL• SPECIFICATIONS DIVISION 2 SITE WORK 07/2006 CITY OF PEARLAND AUGERING PIPE OR CASING FOR WATER LINES Section 02417 AUGERING PIPE OR CASING FOR WATER LINES 1.0 GENERAL 1.01 SECTION INCLUDES A Installation of pipe and casing for water lines by methods of angering. B• References to Technical Specifications: 1. Section 01570 — Trench Safety System 2. Section 01200 — Measurement and Payment Procedures 3. Section 01350 — Submittals 4. Section 01500 — Temporary Facilities and Controls 5. Section 01140 — Contractor's Use of Premises C Referenced Standards: 1. American Association of State Highway and Transportation Officials (AASHTO) 1.02 MEASUREMENT AND PAYMENT UNIT PRICES A Measurement for augered casing with water pipe will be on a linear foot basis measured from end to end of the casing. B Payment of augered casing with water pipe will be full compensation for all labor, equipment, casing, water pipe, matenals and supervision for construction complete in place including dewatering, augering, joints, spoil removal, pipe installation, grouting, utility adjustments, testing, and cleanup, and other work necessary for construction as shown on the Plans and as specified C Measurement of angered water pipe will be on a linear foot basis along the axis of the pipe from auger pit to auger pit D Payment of augered water pipe will be full compensation for labor, pipe, equipment, materials, and supervision for construction complete in place including dewatering, jacking, utility adjustments, testing, cleanup, and other work necessary for construction as shown on the Plans and as specified E No separate payment will be made for auger pits and other excavations under this section. Include cost of excavation, surface restoration, pavement repair, etc., for auger pits or observation pits in Sections related to the open -cut utility installation portion of the Work. Include cost of trench safety for auger pits or observation pits in Section 01570 — Trench Safety Systems. F Refer to Section 01200 - Measurement and Payment Procedures. 07/2006 02417 - 1 of6 CITY OF PEARLAND AUGERING PIPE OR CASING FOR WATER LINES 1.03 SUBMITTALS A Submit product data in accordance with requirements of Section 01350 - Submittals. B Submit product data for casing insulators for approval. C Prior to commencement of work, furnish for the Engineer's approval, a plan showing pit locations. Approval of this plan will not relieve Contractor from responsibility to obtain specified results. D Show actual pit locations dimensioned on as -built drawings so that they can be identified in field. 1.04 REGULATORY REQUIREMENTS A Conform to Texas Department of Transportation for installations under state highways. Owner will obtain required permits for State Highway crossings. City will make submittal to TxDOT. Contractor will supply Traffic Control Plans. B Installations under railroads: 1. Secure and comply with requirements of right -of -entry for crossing railroad company's easement or right-of-way from railroad companies affected. Comply with railroad permit requirements. Submit copy to the Engineer. 2. Use dry auger method only. 3. No extra compensation for damages due to delays caused by the railroad requesting work to be done at hours which will not inconvenience the railroad. 4. Maintain minimum 35-foot clearance from centerline of tracks. 1.05 PROTECTION OF PEOPLE AND PROPERTY A Contractor shall conduct all construction operations under this Contract in conformance with the practices described in Section 01500 — Temporary Facilities and Controls 1.06 CRITERIA FOR DETERMINING INSTALLATION LOADS A Pipes and casings shall be selected by the Contractor to carry overburden pressure and applicable surcharge and installation loads. B The criteria to be used for truck loading shall be HS-20 vehicle loading distributions in accordance with AASHTO. C The Contractor shall be responsible for the selection of the casing, pipe, and pipe joints to carry the thrust of the jacks or loads due to the pulling mechanism. D The Contractor shall select the diameter of the casing to meet the minimum dimensions defined in the Plans, and to permit practical installation (including skids, pipe spiders and shims, if applicable) and grouting, where required. 07/2006 02417 - 2 of 6 CITYOFPEARLAND AUGERING PIPE OR CASING FOR WATER LINES 2.0 PRODUCTS 2.01 MATERIALS A Piping and Fittings: As required by Plans. B Casings: Where required by Plans, in accordance with Section 02635 - Steel Pipe and Fittings. C Insulators: Where casings are required by Plans, casing insulator width 8 inches for pipe sizes 4 to 14 inches, 12 inches for pipe sizes 16 to 30 inches. 1. For welded steel pipe 12 inches and smaller, use Pipeline Seal & Insulator Model PE, or approved equal. 2. For other pipe materials, use Pipeline Seal & Insulator Model C8G-2 or approved eqi al for pipe sizes up to 12 inches. 3. For all pipe sizes above 12 inches, use Pipeline Seal & Insulator Model C 12G-2 or approved equal. D Casing End Seals: Provide Pipeline Seal & Insulator Model C or approved equal. 3.0 EXECUTION 3.01 GENERAL A Do not exceed 100 feet for length of auger hole for PVC pipe less than 12 inches in diameter without intermediate pit. Do not exceed 75 feet for length of auger hole for PVC pipe 12 inches to 16 inches in diameter without intermediate pit. Do not exceed 80 feet for length of auger hole for PVC pipe greater than 16-inches in diameter without intermediate pit. 3.02 PREPARATION A Secure right -of -entry for crossing railroad company's easement or right-of-way. 3.03 JACKING A Comply with Section 01570 - Trench Safety Systems for all pits access shafts, end trenches and other excavations relating to work required by this specification. B If grade of pipe at jacking end is below ground surface, excavate suitable pits or trenches for conductmg jacking operations and for placing end joints of pipe. Wherever end trenches are cut in sides of embankment or beyond it, sheath securely and brace such work to prevent earth caving. C No more than one joint shall be made-up in pit or trench prior to jacking. 07/2006 02417 - 3 of 6 CITY OF PEARLAND AUGERING PIPE OR CASING FOR WATER LINES D Construction shall not interfere with operation of railroad, street, highway, or other facility, nor weaken or damage embankment or structure. E During construction operations, furnish and maintain barricades and lights to safeguard traffic and pedestrians as directed by the Engineer, until such time as backfill has been completed and removed from site. F Provide heavy-duty jacks suitable for forcing pipe through embankment. Use suitable jacking head, usually of timber, and suitable bracing between jacks and jacking head and suitable jacking frame or backstop so that jacking pressure will be applied to pipe uniformly around ring of pipe. Set pipe to be jacked on guides, properly braced together, to support section of pipe and to direct it in proper line and grade. Place jacking assembly in line with direction and grade of pipe. Excavate embankment material just ahead of pipe and remove material through pipe. Force pipe through embankment With jacks, into space thus provided. G Conform excavation for underside of pipe to contour and grade of pipe, for at least one third of circumference of pipe. Provide clearance of not more than 2 inches for upper half of pipe Taper off upper clearance to zero at point where excavation conforms to contour of pipe H Distance that excavation shall extendbeyond end of pipe depends on character of material, but it shall not exceed 2 feet in any case. Decrease distance on instructions from the Engineer, if character of material being excavated makes it desirable to keep advance excavation closer to end of pipe. Jack pipe from low or downstream end Lateral or vertical variation in final position of pipe from line and grade established by the Engineer will be permitted only to extent of 1 inch in 10 feet, provided such variation is regular and only in one direction andthat final grade of flow line is in direction indicated on plans. J Use cutting edge of steel plate around head end of pipe extending short distance beyond end of pipe with inside angles or lugs to keep cutting edge from slipping back onto pipe. K Once jacking of pipe is begun, carry on without interruption to prevent pipe from becoming firmly set in embankment. L Remove and replace any pipe damaged in jacking operations. M Backfill pits or trenches excavated to facilitate jacking operations immediately after completion of jacking of pipe. N Grout annular space when loss of embankment occurs or when clearance of two inches is exceeded. 07/2006 02417 - 4 of 6 CITY OF PEARLAND AUGERING PIPE OR CASING FOR WATER LINES 3.04 AUGERING (BORING) A Auger from approved pit locations. Excavate for pits and install shoring as outlined above under ' Jacking.' Auger mechanically with use of a pilot hole entire length of crossing and check for line and grade on opposite end of bore from work pit. The large hole is to be no more than 2 inches larger than diameter of bell. Place excavated material outside working pit and dispose of as required. Use water or other fluids in connection with boring operation only to lubricate cuttings; jetting will not be permitted. B In unconsolidated soil formations, a gel -forming colloidal drilling fluid may be used Fluid is to consist of at least 10 percent of high-grade processed bentonite and sha 1 consolidate cuttings of bit, seal walls of hole, and shall furnish lubrication for subsequent removal of cuttings and installation of pipe. 3.05 PIPE IN CASING A Pipes shall be installed in angered casings in accordance with this Section, as applicable. B Bottom of trench adjacent to each end of casing should be graded to provide firm, uniform, and continuous support for carrier pipe. If trench requires some backfill to establish final trench bottom grade, backfill material should be placed in 6-inch lifts and each layer properly compacted. C Install casing end seals in accordance with manufactures specifications. 3.06 INSULATOR INSTALLATION A Casing spacers and/or insulators should be installed in accordance with manufacturer's instructions. Special care should be taken to ensure that all subcomponents are correctly assembled and evenly tightened, and that no damage occurs during tightening or carrier pipe insertion B Spacing of spacers or insulators should ensure that carrier pipe is adequately supported throughout its length, particularly at ends, to offset settling and possible electrical shorting End spacer must be within 6 inches of end of casing pipe, regardless of size of casing and carrier pipe or type of spacer used Casing spacers are designed to withstand much greater loads than can be safely applied to most coatings Therefore, spacing between spacers depends largely on load bearing capabilities of pipe coating and flexibility of pipe 1. Spacing shall be as shown on Plans with maximum distance between spacers to be 10 feet for pipe sizes 4 to 14 inches and 8 feet for pipe sizes 16 to 30 inches. 2. For ductile iron pipe, flanged pipe, or bell -and -spigot pipe, spacers should be mstalled within one foot on each side of bell or flange and one in center of joint when 18- to 20-foot-long joints are used. 3. If casing or carrier pipe Is angled, bent, or dented, spacing should be reduced. Where metallic carrier pipe is to be placed in metallic casing, provide electric insulating type spacers to ensure no contact between carrier pipe and casing. 07l2006 02417 - 5 of 6 CITYOFPEARLAND AUGERING PIPE OR CASING FOR WATER LINES 3.07 FILLING ANNULAR SPACE A Allowable variation from line and grade shall be as specified under "Jacking? Block void space around pipe in angered hole with approximately 12 inches of packed clay or similar material approved by the Engineer, to prevent bedding or backfill from entering the void around the pipe m the angered hole when compacted For pipe diameters 4 mches through 8 inches use minimum 1/2 cubic foot clay for pipe diameters 12 inches through 16 inches use minimum 3/4 cubic foot clay. 3.08 AUGER PITS A Locate auger pits where there is minimum interference with traffic or access to property. Pit Size* Provide minimum 6-inch space between pipe and walls of bore pit. Maximum allowable width of pit shall be 5 feet unless approved by the Engineer. Width of pit at surface shall not be less than at bottom. Maximum allowable length of pit shall be no more than 5 feet longer than one full joint of pipe and shall not exceed 25 feet unless approved by the Engineer. C Excavate bore pits to finished grade at least 6 inches lower than grade indicated by stakes or as approved by the Engineer. D Backfill in accordance with Section 02318 — Excavation and Backfill for Utilities. 3.09 CLEAN UP AND RESTORATION A Perform clean up and restoration in and around construction zone in accordance with Section 01140 — Contractor's Use of Premises. 3.10 PROTECTION OF THE. WORK A Protect and maintain all pipe and casing angering in good condition until completion of Work. END OF SECTION 07/2006 02417 - 6 of 6 CITY OF PEARLAND LANDSCAPE IRRIGATION Section 02811 LANDSCAPE IRRIGATION 1.0 GENERAL 1.01 SECTION INCLUDES A Pipe and fittings, valves, sprinkler heads and accessories. B Control system. C References to Technical Specifications: 1. Section 01200 — Measurement and Payment Procedures 2. Section 01350 — Submittals 3. Section 02931 — Landscape and Tree Planting 4. Section 01310 — Coordination and Meetings D Referenced Standards: 1. American Society for Testing and Materials (ASTM) a. ASTM D 2564, "Standard Specification for Solvent Cements for Poly (Vinyl Chloride) (PVC) Plastic Piping Systems 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for landscape irrigation under this Section. Include cost in Bid Items for which this Work is a component. B If landscape irrigation is included as a Bid Item, measurement will be based on the Units shown in Section 00300 — Bid Proposal and in accordance with Section 01200 Measurement and Payment Procedures. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Submit manufacturer's data and details for landscape irrigation system. C Upon completion of the project, the Contractor shall submit to the Engineer prior to final acceptance of the project, one set of as -built drawings in accordance with the requirements of Section 01760. D The Contractor shall dimension from two permanent points of reference (building comers, sidewalks, road intersections, etc.) the locations of the following items: connection to existing water lines, routing of sprinkler pressure lines (dimension maximum of 100' along route), sprinkler control valves, hose bibbs, and other related equipment as directed by the Engineer. Any zoning changes shall also be indicated. 07/2006 02811 - 1 of 9 ADDENDUM NO. # 1 CITY OF PEARLAND LANDSCAPE IRRIGATION 1.04 GUARANTEES A During a period of one year from and after final acceptance of the entire work, the Contractor shall, at his own expense, make all needed repairs or replacements due to defective workmanship or materials which in the judgment of the Engineer shall become necessary during such period. If within ten days after mailing of a written notice or verified communication by the Owner to the Contractor or his agent requesting such repairs or replacement the Contractor shall neglect to make or undertake with due diligence to make the repairs, the Owner may make such repairs at the Contractor's expense. If, however, an emergency arises wherein the Contractor cannot immediately accomplish the required repairs, and in the judgment of the Owner and/or the Engineer delay would cause serious loss or damage to plants or other site items including buildings, repairs may be made by the Owner, and the Contractor shall be liable for the cost of such emergency repairs. B If, during the guarantee period a malfunction of part or all of the irrigation system occurs because of defective materials or workmanship, the Contractor shall be liable for the cost of repairing any damage caused to plants or other site items including buildings. Repairs will be made by the Owner or such persons as the Owner may employ to accomplish the work. C During the guarantee period, the Contractor shall not be fiscally liable for damages caused by vandalism, animals, fire, acts of God, other contractors, or any causes not attributable to improper installation or defective materials. 1.05 SYSTEM DESCRIPTION A Electric solenoid controlled underground irrigation system. B Source Power: 120 volt C The Drawings are generally diagrammatic and indicative of the work to be installed. Because of the scale of the Drawings, it is not possible to indicate all offsets, fittings, and sleeves which may be required. The Contractor shall carefully investigate the site conditions affecting all of his work and plan his work accordingly, furnishing such offsets, fittings and sleeves as may be required to meet such conditions. D Locations of sprinklers, valves, and piping shown on the Drawings are, to an extent, diagrammatic. The nozzle type and installation details in the Drawings will indicate specific head locations relative to edges of plant beds, curbs, etc. Valves should be located in grass areas unless otherwise noted on the Drawings. Piping should be routed generally as shown on the Drawings utilizing common sense and any notes stating specific pipe locations. E The Contractor shall not willfully install any portions of the irrigation system as shown on the Drawings when it is obvious in the field that obstructions, grade differences or discrepancies in area dimensions exist that were not known to the Engineer. Such obstructions or differences should be brought to the attention of the Engineer so that a 07/2006 02811 - 2 of 9 ADDENDUM NO. # 1 CITY OF PEARLAND LANDSCAPE IRRIGATION determination can be made as to the course of action. In the event such notification is not made prior to executing any required modifications to the work, the Contractor shall be liable for the cost of any necessary revisions to his modification work. 1.06 QUALIFICATIONS A Manufacturer: Company specializing in performing the work of this section with minimum three years documented experience. B Installer: Installer must be a licensed irrigator. 1.07 REGULATORY REQUIREMENTS A Conform to applicable code for piping and component requirements. 1.08 PRE -INSTALLATION CONFERENCE A Convene one week prior to commencing work of this Section. 1.09 COORDINATION A Coordinate work under provisions of Section 02931 — Landscape and Tree Planting. B Coordinate the work with site landscape grading and delivery of plant life. 1.10 EXTRA MATERIALS A Furnish extra components listed as Extra Items in Section 00300 — Bid Proposal. 1. Two sprinkler heads of each type and size. 2. Two valve box keys. 3. Two wrenches for each type head core and for removing and installing each type head. 2.0 PRODUCTS 2.01 PIPE MATERIALS A Pipe shall be continuously and permanently marked with Manufacturers name, size, schedules, type, and working pressure. B PVC Pipe: 200 psi pressure rated upstream from controls, 160 psi downstream; solvent welded sockets rubber gasketed joints. C Fittings: Type and style of connection to match pipe. D Solvent Cement: ANSI/ASTM D 2564 for PVC pipe and fittings. E Sleeve material: 4" schedule 40 PVC. 07/2006 02811 - 3 of 9 ADDENDUM NO. # 1 CITY OF PEARLAND LANDSCAPE IRRIGATION F Copper pipe for domestic water shall be Type "L" copper, conforming to ASTM B-88. Fittings for copper pipe shall be wrought copper or cast bronze, 150 PSI. Joints shall be solder joints with 50-50 tinantimony. 2.02 OUTLETS A Manufacturers or approved equal: 1. Rain Bird Model 1804 2. Rain Bird Model 1812 3. Rain Bird Landscape Dripline 4. Hunter Institutional Spray B Rotary type sprinkler head: Pop-up type with screens; fully adjustable for flow and pressure; size as indicated; with letter or symbol designating degree of arc and arrow indicating center of spray pattern. C Spray Type Sprinkler Head: Pop-up head with full circle, half circle, third circle, quarter circle and square pattern. 2.03 VALVES A Manufacturers or approved equal: 1. Rain Bird Model PEB Series B Gate Valves: Bronze construction, non -rising stem, and sized to line. C Backflow Preventers: FEBCO 765 Bronze body construction, reduced pressure zone or pressure vacuum breaker type. D Valve Box and Cover: rectangular 10" x 14" or 9" round. 2.04 CONTROLLER A Manufacturers or approved equal: 1. Rain Bird Model ESP-LX Modular B Valves: Electric solenoid wiring including required fittings and accessories. C Wire conductors: color coded. 3.0 EXECUTION 3.01 EXAMINATION A Verify site conditions under provisions of Section 01310 — Coordination and Meetings. B Verity location of existing utilities. C Verify that required utilities are available, in proper location, and ready for use. 07/2006 02811 - 4 of 9 ADDENDUM NO. # 1 CITY OF PEARLAND LANDSCAPE IRRIGATION 3.02 PREPARATION A Piping layout indicated is diagrammatic only. Route piping to avoid plants, ground cover, and structures. B Layout and stake locations of system components. C Review layout requirements with other affected work. Coordinate locations of bores & sleeves under paving to accommodate system. 3.03 WATER SUPPLY A The following items of water supply for the irrigation system shall be the responsibility of the party indicated: Owner Water tap to existing water main & water meter installation. Contractor Brass gate valve downstream of meter. 3.04 TRENCHING A Trench and filling as required. B Trench size: 1. Minimum Cover Over Installed Supply Piping: 18 inches. 2. Minimum Cover Over Installed Branch Piping: 12 inches. 3. Minimum Cover Over Installed Outlet Piping: 12 inches. C Trench to accommodate grade changes. D Maintain trenches free of debris, material, or obstructions that may damage pipe. E Do not leave trenches open overnight. 3.05 INSTALLATION A Install pipe, valves, controls, and outlets in accordance with manufacturer's instructions. B Connect to utilities. C Set outlets and box covers at finish grade elevations. D Install control wiring as required. Provide 10 inch expansion coil at each valve to which controls are connected, and at 100 ft intervals. Bury wire under pipe. Mark valves with neoprene valve markers containing locking device. Set valve markers in 160 psi PVC pipe risers exiting from top of valve to finish grade. E After piping is installed, but before outlets are installed and filling commences, open valves and flush system with full head of water. 07/2006 02811 - 5 of 9 ADDENDUM NO. # 1 CITY OF PEARLAND LANDSCAPE IRRIGATION F Coordinate pipe installation with conduit installation. G Pipe shall be snaked in the trench as much as possible to allow for expansion and contraction. Solvent weld pipe shall not be installed when the air temperature is below 40 degrees Fahrenheit. Plastic pipe shall be cut so as to maintain a square end with burrs removed prior to installation to maintain an unobstructed water flow. Plastic to plastic joints shall be made following the manufacturer's recommendations 3.06 FIELD QUALITY CONTROL A Field inspection and testing will be performed. B Prior to filling, test system for leakage for whole system to maintain 100 psi pressure for one hour. 3.07 FILLING A The site of the work shall be continuously cleared of excess and/or waste materials as the backfilling progresses, and shall be left in a neat workmanlike condition to the satisfaction of the Engineer. B Trenches shall be carefully backfilled with excavated materials utilizing the following methods: 1. Puddling or ponding if backfill material has minimal moisture content or is of sandy or sandy loam content. 2. Mechanical tamping for all clay and silty soils with normal moisture content. 3. The first six inches of backfill or to the top of the pipe shall be hand placed and the trench bottom walked so as to secure the position of the pipe and wire. 4. The first half of the backfill shall then be deposited in the trench and compacted after which the remaining backfill shall be deposited and compacted. No wheel rolling will be allowed. 5. Any rock or debris extracted from backfill material shall be hauled off -site and disposed of at the Contractor's expense. Any additional backfill made necessary because of extracted debris shall be approved material and shall be supplied at no expense to the Owner. C C. Any trenches that settle below the surrounding grade during the guarantee period shall be refilled and compacted to proper grades. The Contractor shall be liable for any damage that improperly filled and compacted trenches may cause to sod or planting bed areas, pavement, structures, or any work of other contractors. D D. After the installation is complete, The Contractor shall return all soil surfaces disturbed by his operations to the grades existing prior to the beginning of his work. 3.08 CONTROL WIRING A Wiring between electric valves and controllers shall be buried in the main line trench under the pressure pipe where possible or under lateral lines where necessary. If wire must be routed in trenches without piping, wire shall be placed inside a suitably sized 07/2006 02811 - 6 of 9 ADDENDUM NO. # 1 CITY OF PEARLAND LANDSCAPE IRRIGATION PVC conduit. See the details in the Drawings for additional control wiring specifications. 3.09 AUTOMATIC CONTROLLER A Install according to the manufacturer's instructions. Electric control valves shall be connected to the controller in numerical sequence as shown on the Drawings. Responsibilities for electrical connections are as follows: Contractor Service from source to meter box. Contractor Meter box and internal wiring. Contractor Electrical panel box, internal electrical wiring & connection to meter box. Contractor Electrical connection from panel box or junction box to controller. 3.10 ELECTRIC CONTROL VALVES A Install where shown on the Drawings and according to details in the Drawings. When valves are grouped together (not in a valve assembly), allow at least twelve inches between valves, and install each valve in a separate valve box. 3.11 SPRINKLER HEADS A Spacing of heads shall be as shown on the Drawings and shall be exceeded only with the prior approval of the Engineer. Careful attention shall be given to setting heads at proper elevations as shown in the details on the Drawings. 3.12 SYSTEM ADJUSTMENT AND COVERAGE A The Contractor shall flush and adjust all sprinkler heads for optimum performance and to prevent as much as possible any overspray onto walks, roadways, and buildings. B Any areas which do not conform to the designed operation requirements due to unauthorized changes or poor installation practices shall be immediately corrected by the Contractor at no additional cost to the Owner. C If it is determined that adjustments in the irrigation equipment will provide better coverage, the Contractor shall make such adjustments at the direction of the Engineer prior to final acceptance. Adjustments may also include changes in nozzle sizes and degrees of arc as required. D When the irrigation system is complete, the Contractor shall perform a coverage test to determine if the water coverage for all areas is proper. The Contractor shall correct any inadequacies of coverage due to deviations from plans, or where the system has been willfully installed as indicated on the Drawings when it is obviously inadequate, without bringing this to the attention of the Engineer. If possible, this test shall be accomplished before any groundcover or turf is planted. 3.13 DEMONSTRATION 07/2006 02811 - 7 of 9 ADDENDUM NO. # 1 CITY OF PEARLAND LANDSCAPE IRRIGATION A Provide system demonstration. B Instruct Owner's personnel in operation and maintenance of system, including adjusting of sprinkler heads. Use operation and maintenance material as basis for demonstration. 3.14 MAINTENANCE A The Contractor shall be responsible for maintenance of the system until acceptance of the project by the Owner, and for a period of time after substantial completion if so stated on the Bid Proposal. The Contractor shall inspect the irrigation system for proper operation at least bi-weekly during the maintenance period. Maintenance shall include, but not necessarily be limited to the following: 1. Adjustments of sprinkler height and plumb to compensate for settling 2. Adjustment of head coverage as necessary 3. Unstopping heads plugged by foreign material 4. Adjustment of controller as necessary to ensure proper performance 5. All maintenance necessary to keep the system in good operating order 3.15 PUNCH LIST & FINAL INSPECTION A Punch List Inspection: 1. When the Contractor has made his own inspection and is satisfied that the system has been installed in accordance with the plans and specifications including any modifications thereto, that it is operating properly, and that the project site has been properly cleaned up, he shall request a punch list inspection by the Engineer. 2. The Contractor shall operate each zone of the system in its entirety. During the inspection, a punch list of items needing completion or correction will be prepared by the Engineer. Upon completion of the inspection, the irrigation contractor shall immediately begin correcting all deficiencies and shall prosecute the work regularly and without interruption until it has been completed. B Final Inspection: 1. When the Contractor is satisfied that all punch list deficiencies have been corrected and that no others have occurred in the meantime, he shall request a final inspection by the Engineer. The final inspection shall be conducted in the same manner as the punch list inspection. 2. Prior to the final inspection, the Contractor shall provide evidence that the Owner has received all accessories, as -built drawings, and equipment as required. Final inspection shall not occur until such evidence is provided. 3. Should deficiencies still exist, the Contractor shall correct them and request a re -inspection. Once the Engineer is satisfied that the system is complete and operating properly, he shall so certify in writing and thus initiate the maintenance and guarantee periods. 07/2006 02811 - 8 of 9 ADDENDUM NO. # 1 CITY OF PEARLAND LANDSCAPE IRRIGATION END OF SECTION • 07/2006 02811 - 9 of 9 ADDENDUM NO. # 1 CITY OF PEARLAND HYDROMULCH SEEDING Section 02921 HYDROMULCH SEEDING 1.0 GENERAL 1.01 SECTION INCLUDES A Seeding, fertilizing, mulching, and maintaining areas of commercial, industrial, or undeveloped land disturbed during construction and not paved or designated to be paved, or as indicated on Plans. B References to Technical Specifications: 1. Section 01200 — Measurement and Payment Procedures 2. Section 01350 — Submittals 3. Section 01500 — Temporary Facilities and Controls 4. Section 01140 — Contractor's Use of Premises 1.02 MEASUREMENT AND PAYMENT A Measurement for hydromulch seeding is on a per square foot basis, measured and complete in place. B Payment for hydromulch seeding shall include all labor, materials, equipment, and preparation necessary for application and maintenance. C No payment shall be made for hydromulch seeding used in restoration of areas disturbed by Contractor outside the limits of construction. D Refer to Section 01200 — Measurement and Payment Procedures. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Submit certification from supplier that each type of seed conforms to these specification requirements and the requirements of the Texas Seed Law. Certification shall accompany seed delivery. C Submit a certificate stating that fertilizer complies with these specification requirements and the requirements of the Texas Fertilizer Law. 1.04 PROTECTION OF PEOPLE AND PROPERTY A Contractor shall conduct all construction operations under this Contract in conformance with the practices described in Section 01500 — Temporary Facilities and Controls. 07/2006 02921 - 1 of 3 ADDENDUM NO. # 1 CITY OF PEARLAND HYDROMULCH SEEDING 2.0 PRODUCTS 2.01 MATERIALS A Seed: Conform to U.S. Department of Agriculture rules and regulations of the Federal Seed Act and the Texas Seed Law. Seed shall be certified 90 percent pure and furnish 80 percent germination and meet the following requirements: 1. Rye: Fresh, clean, Italian rye grass seed (lolium multi-florum), mixed in labeled Proportions. As tested, minimum percentages of impurities and germination must be labeled. Deliver in original unopened containers. 2. Bermuda: Extra -fancy, treated, lawn type common bermuda (Cynodon dactylon). Deliver in original, unopened container showing weight, analysis, name of vender, and germination test results. 3. Wet, moldy, or otherwise damaged seed will not be accepted. B Fertilizer: Dry and free flowing, inorganic, water soluble commercial fertilizer, which is uniform in composition. Deliver in unopened containers which bear the manufacturers guaranteed analysis. Caked, damaged, or otherwise unsuitable fertilizer will not be accepted. Fertilizer shall contain minimum percentages of the following elements: Nitrogen: 10 Percent Phosphoric Acid: 20 Percent Potash: 10 Percent C Mulch: Virgin wood cellulose fibers from whole wood chips having a minimum of 20 percent fibers 0.42 inches (10.7 mm) in length and 0.01 inches (0.27 mm) in diameter. Mulch shall be dyed green for coverage verification purposes. D Soil Stabilizer: "Terra Tack" 1 or approved equal. 3.0 EXECUTION 3.01 PREPARATION A Do not start or perform work under conditions that are not satisfactory to perform tasks due to inclement or impending inclement weather. B After the areas to receive hydromulch seeding have been brought to grade, rake out any foreign organic or inorganic material, including stones, hard clay lumps, and other debris. C Loosen the subgrade by discing or by scarifying to a depth of at least 4 inches. D Surface of topsoil shall be smooth and free of weeds, rocks, and other foreign material immediately before applying hydromulch seeding. 07/2006 02921 - 2 of 3 ADDENDUM NO. # 1 CITY OF PEARLAND HYDROMULCH SEEDING 3.02 APPLICATION A Seed: Apply uniformly at the following rates for type of seed and planting date: TYPE PLANTING APPLICATION RATE DATE POUNDS/A Hulled Unhulled Common Common Bermuda Bermuda Grass Grass 98/88 98/88 40 40 Jan 1 to Mar 31 Hulled Common Bermuda Grass 98/88 40 Apr 1 to Sep 30 Hulled Unhulled Annual Common Rye Common Grass Bermuda (Gulf) Bermuda Grass Grass 98/88 98/88 40 40 30 Oct 1 to Dec 31 B Fertilizer: Apply uniformly at a rate of 500 pounds per acre. C Mulch: Apply uniformly at a rate of 50 pounds per 1000 square feet. D Soil stabilizer: Apply uniformly at a rate of 40 pounds per acre. E Suspend all operations under conditions of drought, excessive moisture, high winds, or extreme or prolonged cold. Obtain the Engineer's approval before resuming operations. 3.03 MAINTENANCE A Maintain grassed areas by watering, fertilizing, weeding, and trimming as required to establish and sustain 70% acceptable vegetative cover. B For areas seeded in the fall, continue maintenance the following spring until an acceptable lawn is established. 3.04 CLEAN-UP AND RESTORATION A Perform clean-up and restoration in and around construction zone in accordance with Section 01140 — Contractor's Use of Premises. 3.05 PROTECTION OF THE WORK A Protect and maintain grassed areas a minimum of 90 days, or as required to establish an acceptable lawn. B Once a lawn is established, protect and maintain it until completion of the Work. C Replace seeded areas damaged by Contractor's operations at no cost to Owner. END OF SECTION 07/2006 02921 - 3 of 3 ADDENDUM NO. # 1 CITY OF PEARLAND LANDSCAPE AND TREE PLANTING Section 02931 LANDSCAPE AND TREE PLANTING 1.0 GENERAL 1.01 SECTION INCLUDES A Furnishing all plants and trees, labor, equipment appliances and materials for landscape and tree planting. Rough and finish grading is part of the landscape work. B References to Technical Specifications: 1. Section 01200 — Measurement and Payment Procedures 2. Section 01350 — Submittals 3. Section 02921 — Hydromulch Seeding 4. Section 01562 — Waste Material Disposal 1.02 MEASUREMENT AND PAYMENT A Measurement for Landscape Planting is on a Lump Sum. B Payment for Tree Planting is on lump sum basis for each tree planted. C Refer to Section 01200 — Measurement and Payment Procedures 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Submit samples of the plants and grasses to be used for approval prior to installation. Inspection will be done on the project site. C Provide materials from the same source and of the same quality and variety as those inspected and approved. D Soils and/or compost materials must be approved at their source priorto delivery. 1.04 REFERENCES A ANSI Z 60.1 - Nursery Stock. B Federal Specification Q-P-166E - Peat, Moss; Peat, Humus; and Peat, Reed -Sedge. 1.05 SCHEDULE A The plant schedule gives quantities, scientific names, common names, sizes, and special remarks. 07/2006 02931 - 1 of 10 CITY OF PEARLAND LANDSCAPE AND TREE PLANTING B Botanical plant names used on the Drawings conform to the most recent nomenclature authorities available including, but not necessarily limited to the following: Hortus Third, Liberty Hyde Bailey Hortorium, 1977, MacMillan Co., N.Y.In case of d'screpancies between the plant list and drawings, the working drawings shall govern. C Common names used on the Drawings conform to local tradition and personal preference and are included only for reference. D Botanical names shall be used as the correct names for all plants except in cases where the botanical name of commonly available plants has been lost to antiquity. 1.06 DELIVERY AND STORAGE OF MATERIALS A Pack all plant material to provide protection against damage from wind, weather or other possible sources. Tie plants to prevent whipping when shipment is *made by truck. B When shipment is made by rail, pack plants and ventilate cars as required to prevent sweating. C Provide a platform for all B&B root balls over 24 inches in diameter. D Store plants on the site as directed. E For B&B materials, spray with anti-transpirant at time of delivery in warm season months. Apply at rates in accordance with manufacturer's recommendations. F Ship trees with Certificates of Inspection as required by governing authorities Label each tree and shrub with securely attached waterproof tag bearing legible designation of botanical and common name. Do not remove container grown stock from containers before time of planting. G Deliver packaged materials in fully labeled original containers showing weight, analysis and name of manufacturer. Protect materials from deterioration during delivery, and while stored at Site. H Materials shall not be pruned prior to installation unless approved by the Engineer in writing. Do not bend or bind -tie trees or shrubs in such a manner as to damage bark, break branches, or destroy natural shape. Use protective covering during delivery. All materials may be inspected and approved by the Engineer at the source of supply as to species, size, form, and quality. However, such approval does not alter the Engineer's right of inspection and rejection of materials upon delivery to the project site or during the progress of the work for improper shipment incorrect ball specifications, or physical damage caused in handling or storage. All rejected materials shall be immediately removed from the site. 07/2006 02931 - 2 of 10 CITY OF PEARLAND LANDSCAPE AND TREE PLANTING 1.07 SUBSTITUTIONS A Substitution of larger size or better grade than specified will be allowed, but with no increase in unit cost. B Substitutions will be permitted only after submission of proof by the Contractor that a specific plant, plant size, or grade is not reasonably obtainable. C Any plant may be furnished container grown in lieu of other methods if all other requirements are met, unless specifically prohibited by the Drawings. 1.08 ACCEPTANCE AND APPROVAL A There will be no partial acceptance of grasses. B Upon Contractor's request, final approval will be made within 15 working days of date of notice to the Engineer if contracted work has been satisfactorily completed C Final approval of grasses will be given when the following conditions are mete 1. There are no bare spots larger than 9 inches square. 2. The total area of bare spots does not exceed 5 percent of the entire grass area. 1.09 WARRANTY A Provide 1-year warranty on all plants and grasses. The warranty period commences after final completion. B Replace plants that fail during the warranty period according to the specifications governing the original plants. C Periodically inspect plants for proper watering and spraying, during warranty period. D Damage caused by natural hazards such as hail, high winds or storm is not covered by the warranty. E Plant materials and grasses which die due to normal insects or diseases are included in the warranty. F Existing in situ plant material required to be moved on the site will be protected under the warranty. G Contractor shall warrant trees against defects including death, unsatisfactory growth, or loss of shape due to improper pruning, maintenance, or weather conditions, for 1 year after completion of planting. Contractor shall plumb leaning trees during warranty period. H Remove and replace trees found to be dead during warranty period. Remove and replace trees which are in doubtful condition at end of warranty period, or if approved by the Engineer, extend warranty period for such trees for a full growing season. 07/2006 02931 - 3 of 10 CITY OF PEARLAND LANDSCAPE AND TREE PLANTING 1.10 WARRANTY REPLACEMENTS A At any time during the guarantee period that a plant is found to be dead, it shall be replaced as soon as possible but no later than thirty days from the date of request by the Owner. B Replacement not made by the Contractor within the required time will be made by the Owner or such person as the Owner may employ to accomplish this work. The cost of such replacements shall be charged to the Contractor or deducted from any retainage amount due the Contractor. C All replacement plants shall be of the same kind, size, and quality as originally specified and shall be furnished and planted as originally specified. D Replacement shall be at Contractor's expense except for those required because of damage by vandals, animals, acts of God, neglect by the Owner, or other causes not attributable to improper installation or inferior materials. The Engineer shall make the final determination as to fiscal responsibility for replacements. 1.11 SOIL ANALYSIS A Submit for approval an analysis of all soils obtained from off -site sources prior to delivery. B Analysis of existing soil is not required. 1.12 PLANT CERTIFICATES A Submit inspection certificates approved by the Engineer as required by law with the invoice for each shipment or order of stock: 1. Submit certificates to the Engineer for review in ample time to be reviewed and meet installation schedule. 1.13 PROTECTION OF PERSONS AND PROPERTY A Take all reasonable precautions to prevent injury to people and to avoid damage to existing structures, plants and grasses. Keep the area free of hazardous obstructions. B Construct barricades where necessary for the protection of persons and property. Mark all barricades with red and white paint and with red reflectors. Erect barricades in the following locations: 1. Areas dangerous to workmen and passersby. 2. Along adjoining property that requires protection 3. Across streets and walks that are temporarily closed or rerouted. 4. Around plants and trees to be protected. C Excavations larger than 1 foot deep and 1 foot wide must be covered when not attended. 07/2006 02931 - 4 of 10 CITY OF PEARLAND LANDSCAPE AND TREE PLANTING D Existing trees which may be subject to damage must be protected by fencing or boxing. E During the course of planting operations, protect all installed plants and lawns from damage. If heavy equipment or materials must be moved across lawns, use planks or pontoons to protect the turf. Similarly protect walks across which heavy equipment must pass. 1.14 PROTECTION AND HANDLING OF PLANTS A Insofar as is practicable, plant material should be planted on the day of delivery to the site. In the event that this is not possible, the Contractor shall protect the stock not planted. B Balled plants which cannot be planted immediately upon delivery shall be set on the ground in the shade, if possible, and shall have the ball covered with wet burlap, soil, or other suitable material for protection from sun and wind. Plant tops shall also be protected from sun and wind. C All plants shall be handled in such a manner as to avoid damage of any kind. No plant shall be moved by graspmg the foliage or by grasping only the trunk or branches. Balled plants shall be lifted by the bottom of the ball and container grown stock shall be handled by the container. D Plants shall not be bound with wire, rope or other material in a manner which would damage the bark, break branches, or destroy the shape of the plant. E All plants shall be watered as necessary to keep them in top condition until planted. F In the event of freezing temperatures during the course of the work, all tender plants whether planted or stored on -site shall be covered with an insulating material for the duration of the period of freezing temperature. In the case of stored materials, the Contractor shall have the option to remove said materials from the project site in order to provide adequate protection but shall still be hable for replacement costs ofdamaged materials. 1.15 DEFINITIONS A In situ refers to any soil which is existing and in place on the project site at the time landscape work commences. B Establishment period refers to a period of 45 days after installation during which time 5 percent of the construction costs will be withheld. 1.16 QUALITY ASSURANCE A Landscaper shall be a firm specializing in landscape and planting work. B Do not make substitutions of approved trees unless approved in writing by the Engineer. If specified planting material is not obtainable, submit proof of non- 07/2006 02931 - 5 of 10 CITY OF PEARLAND LANDSCAPE AND TREE PLANTING availability together with proposal for use of equivalent material. Substitutions of larger size or better grade than specified will be allowed, but with no increase in unit price. 1.17 MAINTENANCE A General: Maintenance shall begin immediately after each plant is planted and shall continue until all planting is accepted by the Owner, and for any additional period of time beyond the date of substantial completion as may be stated on the Bid Proposal. B Maintenance Activities: Maintenance shall include watering, weeding, mowing, edging, spot spraying for weeds, cultivating, mulching, adjusting of stakes, removal of dead materials, resetting plants to proper grades or upright positions, restoration of the planting saucer, repair of erosion, and any other procedure consistent with good horticultural practice necessary to ensure normal, vigorous, healthy growth, and a neat looking project at all times. If maintenance is to be continued beyond the date of substantial completion, the Contractor shall be responsible for inspection of the irrigation system at each maintenance visit and shall report to the Engineer any problems found. C Watering: Water all planting as necessary; the quantity applied at any one time shall be sufficient to penetrate the soil to a minimum depth of six inches. If an irrigation system is provided, the landscape Contractor shall be responsible for its proper utilization Malfunctions or non -availability of the irrigation system do not absolve the Contractor of his responsibility for proper watering of plants by any means necessary. D Weeding: Keep all tree mulch rings free from weeds and undesirable grasses. E Contractor shall maintain trees during planting operations and for a period of 12 months after completion of planting. 2.0 PRODUCTS 2.01 PLANTS A Quality 1. All plants shall be sound, healthy specimens typical of their species with well - formed tops and roots and shall be free from injurious insects, insect eggs or larvae, diseases, serious injuries to the bark, roots, or foliage, broken branches, or any other disfigurements. 2. Balled and burlapped plants shall have a firm, natural ball of earth so wrapped with burlap that the earth is held firmly around the roots Earth balls shall be neither cracked nor broken, nor shall the plant be loose in the ball. 3. Container grown plants shall be of a reasonable age and state of development for the size container specified. Plants shall have been growing in their containers long enough to have developed a good sound root system capable of holding the entire soil mass intact after removal from the container, but not so long as to have become pot-bound. 07/2006 02931 - 6 of 10 CITY OF PEARLAND LANDSCAPE AND TREE PLANTING B Size 1. All plants shall equal or slightly exceed the measurements specified on the plant list, which are minimum acceptable sizes Plants substantially larger than specified may be used subject to approval of the Engineer; however, the use of such plants shall not increase the contract price. Height to spread to caliper ratios of all plants shall be typical of the best examples of the species. 2. Minimum ball sizes shall be as specified on the Drawings. Requests for variances shall be submitted to the Engineer for approval. 3. Exterior plants shall be measured before pruning with branches in normal position and in accordance with the Drawings and the American Standard for Nursery Stock Height and spread dimensions shall be measured to the limits of the main body of the plant rather than the extreme tips of growth, as illustrated on the Drawings. 2.02 MULCH A Surface mulch shall be finely shredded Pine bark. Submit a one gallon sample for approval. 2.03 COMMERCIAL FERTILIZER A Commercial fertilizer, unless specified otherwise, shall be delivered mixed as specified in standard size, unopened containers labeled as to weight, analysis, and name of manufacturer, and shall conform to all applicable state fertilizer laws. B Fertilizer shall not have been exposed to weather prior to delivery to the site. After delivery until used, it shall be completely protected from the weather at all times. C Granular fertilizer shall be uniform in composition, dry, and free flowing. Fertilizer which becomes caked or otherwise damaged and unsuitable for use will not be accepted. Granular fertilizer shall be as specified on the plant list. D Fertilizer Tablets: Fertilizer tablets shall be twenty-one gram Agriform plant tablets with an analysis of 20% Nitrogen, 10% Phosphorous, and 5% Potassium as manufactured by Sierra Chemical Co. 2.04 BACKFILL MIX A Backfill mix for use in backfilling plant pits shall be a landscape planting mix as provided by such suppliers as Landscape Depot, Living Earth Technologies, or equal. Contractor shall submit for approval a one gallon sample and a listing of the ingredients in the mix. 2.05 WATER A Water for all necessary operations of the Contractor at the site will be furnished by the Contractor. The Contractor shall provide all facilities required to make connections 07/2006 02931 - 7 of I0 CITY OF PEARLAND LANDSCAPE AND TREE PLANTING and convey the water to the places where it will be used, and for increasing pressure, if required. 2.06 WORK CONDITIONS A Site Availability. Begin no landscape work where conflicting site work is incomplete or as otherwise directed by the Engineer. B Weather Restrictions. Stop all work during inclement weather such as drought, high winds, excessive rain, extreme heat, cold, or freeze. Obtain authorization before resuming work. 2.07 PLANTING PROCEDURES A Temporary Nursery. A temporary nursery may be used to store plants, but no more than 5 days before planting. Keep plants well watered and protected. 1. Immediately upon delivery heel -in balled and burlapped (B&B) plants and spray all plants with an antitranspirant. Apply spray from top to bottom. Thoroughly cover plants, but not to the point of run-off. Spray block units and not individual plants. Use a low-pressure, fine -mist applicator. Spray at rates recommended in the manufacturer's directions. 2. Handle all balled and burlapped plants by the ball only 3. Handle container plants by the container 4. Special plants so designated must be kept in an approved enclosure or planted the day of delivery. 5. Store soils and additives on approved platforms. B Digging and Handling: 1. The actual planting operation must proceed without delay and in a manner to avoid undue drying of the in -situ soil or roots because of exposure to air and sun. Keep an ample supply of sawdust available to cover the roots of B&B stock arriving from the storage nursery. Keep the roots well covered and moist until the plants can be placed in the final location and permanently planted. 2. Handle all plant stock with care to prevent injuries to the trunk, branches and roots. • 3.0 EXECUTION 3.01 SITE PREPARATION A Schedule work so that planting can proceed rapidly as portions of site become available. Plant trees after final grades are established and prior to planting of lawns, unless otherwise approved by Engineer in writing. If planting of trees occurs after seeding work, protect lawn areas and promptly repair damage to lawns resulting from tree planting operations. B Layout individual trees at locations shown on Drawings. In case of conflicts, notify Engineer before proceeding with Work Trees shall be staked and approved by Engineer prior to planting. 07/2006 02931 - 8 of 10 CITY OF PEARLAND LANDSCAPE AND TREE PLANTING C Existing Trees: 1. Protection: Protect tops, trunks and roots of trees to remain on the site. Before starting work, box, fence or otherwise protect trees subject to construction damage. Remove boxing when directed. Permit no stockpiles of heavy equipment within the branch spread of trees. 2. Removal: Remove trees marked for removal. Do not remove any tree without proper authorization. Stumps within 36 inches of final grade must also be removed. 3. Pruning and Surgery: Cut and trim trees only as directed; do not cut any tree without proper authorization. Trim existing trees of dead or diseased limbs. Cut limbs close to the trunk. Cover cuts over 3/4 inch in diameter with an approved tree would dressing. D Grading Around Trees As required, fill or grade within the branch spread of trees to remain, observing the following requirements. 1. For trenching beneath trees, tunnel under the tree roots with careful hand digging. Where possible, avoid cutting or injuring roots. 2. Do not raise or lower the grade around an existing tree in any way unless so directed. 3.02 LOCATION OF PLANTS A Plants shall be located as shown on the Drawings. In the event plants cannot be so located because of differences between plan locations and actual site conditions, or because of unusually large rock, underground construction, underground or overhead utilities, tree roots, or other obstructions, the Contractor shall notify the Engineer for a determination as to the course of action to be taken. 3.03 PLANTING A Plant Pit Preparation* Refer to the details on the Drawings B Materials for use in backfilling plant pits shall be as previously specified herein. Backfilhng shall be accomplished as indicated in the planting details on the Drawings. C Guy and stake trees immediately after planting. D Control dust caused by planting operations Dampen surfaces as required. Comply with pollution control regulations of governing authorities. 3.04 PLANTING GRASS A All grass areas shall be hydromulched in accordance with section 02921, Hydromulch Seeding . 3.05 FIELD QUALITY CONTROL A The Engineer may reject unsatisfactory or defective material at anytime during progress of Work. Contractor shall remove rejected trees immediately from site and replace with 07/2006 02931 - 9 of 10 CITY OF PEARLAND LANDSCAPE AND TREE PLANTING specified materials. Plant material not installed in accordance with these Specifications will be rejected. B An inspection to determine final acceptance will be conducted by the Engineer at the end of the 12 month maintenance period. Additional inspections will be conducted for extended warranty periods provided for in paragraph 1 07B. 3.06 CLEAN-UP A Daily: The Contractor shall daily clean up all debris such as rope, wire, burlap, empty containers, rocks, etc., caused by his operations so that the site is left in a neat, orderly condition at the end of the day. Contractor shall, upon request by Engineer, promptly remove his debris and/or materials from areas where they conflict with the operation of other contractors. Materials storage areas shall be kept looking neat and orderly at all times. B Final: Prior to final inspection, the Contractor shall give all tree rings a final weeding and raking, repair plant basins, adjust plant stakes, remove all of his tools, surplus materials and equipment from the site, sweep and/or wash all paved areas soiled by his operations and generally leave the site in a neat, orderly condition. 3.07 PROTECTION OF THE WORK A During planting work, keep pavements clean and work area in an orderly condition B Protect planting work and materials from damage due to planting operations Maintain protection during installation and maintenance period. Treat, repair, or replace damaged planting work as directed by the Engineer. C Dispose of excess soil and waste in accordance with requirements of Section 01562 — Waste Material Disposal On -site burning of combustible cleared materials will not be permitted. END OF SECTION 07/2006 02931 - 10 of 10