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R2003-0014 02-10-03 RESOLUTION NO. R2003-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO AN ENGINEERING CONTRACT WITH OTHON, INC FOR ENGINEERING SERVICES ASSOCIATED WITH THE PEARLAND PARKWAY SIXTEEN-INCH WATER LINE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS. Section 1 That certain contract by and between the City of Pearland and Othon, Inc., a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved Section 2 That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a contract with Othon, Inc. for engineering. services associated with the Pearland Parkway sixteen-inch water line PASSED,APPROVED and ADOPTED this the 10th day of February , A.D. , 2003 C--- 14/P" TOM REID MAYOR ATTEST I Y NG R T C Y SE AT APPROVED AS TO FORM neaA.....- it. eVal'"— DARRIN M COKER CITY ATTORNEY Exhibit "A" ' ` ' R2003-14 CITY OF PEARLAND STANDARD AGREEMENT FOR ENGINEERING SERVICES This Contract (Contract) is made between the City of Pearland, Texas (hereinafter"City"), and Othon Inc. (hereinafter"Engineer") as follows 1 Summary of Contract Terms The following information and referenced documents shall be a part of this Contract: Description of Project: Engineering Design services for Pearland Parkway 16" Water from Mary's Creek / Oiler Drive to FM518 /Westminister Engineer/Subconsultant(s) Fee Basis of Compensation Othon $95,340 Lump Sum HBC Engineering $6,050 Lump Sum The Wilson Survey Group $24,750 Lump Sum Maximum Contract Amount $126,120 Lump Sum *All financial obligations created by this agreement are between the City and Engineer, and shall not be construed to be between City and any subconsultant. Delivery of plans, specifications and estimates. Sixty (60) days from completion of Material Testing and Inspection Attachments. Scope of Services — Exhibit Schedule 2. Services and Payment. Engineer shall perform services within the Standard of Care of the Engineering profession as follows. A. Engineer will furnish services to the City in accordance with the terms and conditions specified in this Contract. Payment for the services of Engineer shall be due and payable upon submission and approval of a statement for services to City Statements for services shall not be submitted more frequently than monthly After consultation with the City, the Engineer shall specify the basis of compensation in the scope of work for the project. The Engineer shall provide adequate detail of the basis of compensation so that the City can determine the reasonableness of the fees and have the ability to make reasonable progress payments to the Engineer based upon work completed at the payment intervals. The Engineer shall subcontract for all subconsultants, subject to City approval, necessary to complete the scope of work. The subconsultant's fees and administrative mark-up, if any, shall be included in the scope of work. Unless otherwise agreed upon, the method of compensation 1 Salary Cost Times Multiplier Plus Direct Nonsalary Expense ("Salary") Compensation shall be based on 1) the direct salaries (including benefits) of the Engineer's employees whose time is directly chargeable to the project; 2) an agreed upon multiplier to compensate the Engineer for overhead and profit; and 3) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. The Engineer shall provide a proposal that includes the total fees for the project, which shall not be exceeded without prior City approval 2 Per Diem ("Per Diem") Compensation shall be based upon 1) an agreed upon lump sum per day for specific services, and 2) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. This method is best suited to expert witness work or other short-term engagements involving intermittent services. 3 Cost Plus Fixed Fee ("Cost Plus") Compensation shall be based upon 1) reimbursement of the actual costs of all services and supplies related to the project and 2) an agreed upon fixed fee (profit) The Engineer shall provide an estimate of the costs to be reimbursed, but actual compensation shall be based upon invoices and supporting documentation provided by the Engineer 4 Lump Sum ("Lump") Compensation shall be based upon an agreed lump sum payment for completing the entire scope of work. This method is best suited to investigations or studies and for basic services with limited scope and complexity 5 Percent of Construction ("Percent") Compensation shall be based upon 1) the "Harris County Curve for Engineering Compensation" for basic and construction phase services, and 2) reimbursement for direct nonsalary expenditures and subconsultant contracts as defined in the scope of work for the project. The Engineer shall provide a proposal that includes the estimated construction cost of the project and the total fees for the project. If the actual low bid for construction is 20% above or below the estimate, the engineering fees are subject to equitable adjustment by mutual agreement of the Engineer and City 2 If City fails to make any payment due Engineer for services and expenses within thirty (30) days after receipt and approval of Engineer's statement for services therefore, the amounts due Engineer will be increased at the rate of one percent (1%) per month from said thirtieth (30th) day, and, in addition, Engineer may, after giving seven (7) days' written notice to City, suspend services under this Contract until Engineer has been paid in full, all amounts due for services, expenses, and charges B All the Engineer's working drawings, plans, and specifications, if required under this Contract, shall be sufficiently accurate, detailed, and complete so that competitive bids for the work can be obtained and the improvements constructed C Approval of the Engineer's work by the City shall not release the Engineer, its employees, agents, or consultants, from the responsibility and liability for the accuracy and competency of their designs, working drawings, and specifications, or other documents and services. D Subject to Article 8 herein or as otherwise agreed, the Engineer shall promptly correct errors in the Engineer's work, including errors discovered after final payment, without receiving additional compensation E Prior to execution of this agreement, the Engineer shall have prepared a project schedule identified as an attachment to this agreement. The Project Schedule shall be submitted in digital and paper form, in the Microsoft Project for Windows format. The Project Schedule shall contain a complete schedule so that the Engineer's scope of services under this contract can be accomplished within the specified time and contract cost. The Project Schedule will provide specific work sequence and definite review times by the City and the Engineer of the work performed If the review time should take longer than shown on the project schedule, through no fault of the Engineer, additional contract time may be authorized by the City through a supplemental agreement, if requested by a timely written request from the Engineer and approved by the City 3 Term and Termination This Contract term will begin upon execution and end sixty days after issuance of the certification of completion of construction by the Engineer The City may terminate this Contract at any time during its term by giving written notice to Engineer The City shall pay the Engineer for all services rendered to the date of termination 4 Modifications. City without invalidating the Contract, may order changes within the general scope of the work required by the Contract by altering, adding to and/or deducting from the work to be performed. If any change under this clause causes an increase or decrease in Engineer's cost of, or the time required for, the performance of any part of the Services under the Contract, an equitable adjustment will be made by mutual agreement and the Contract modified in writing accordingly 3 5 Subcontracts. If, for any reason, at any time during the progress of providing services, City determines that any subcontractor for Engineer is incompetent or undesirable, City will notify Engineer accordingly and Engineer shall take immediate corrective action, which may include cancellation of such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing contained in the Contract shall create any contractual relation between any subcontractor and City 6 Ownership of Documents. All drawings, report data, and other project information developed in the execution of the services provided under this Contract shall be the property of the City upon payment of Engineer's fees for services. Engineer may retain copies for record purposes. Owner agrees such documents are not intended or represented to be suitable for reuse by City or others. Any reuse by City or by those who obtained said documents from City without written verification or adaptation by Engineer will be at City's sole risk and without liability or legal exposure to Engineer, or to Engineer's independent associates or consultants, and City shall indemnify and hold harmless Engineer and Engineer's independent associates and consultants from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom Any such verification or adaptation will entitle Engineer to further reasonable compensation Engineer may reuse all drawings, report data, and other project information in the execution of the services provided under this Contract in Engineer's other activities. Any reuse by Engineer will be at Engineer's sole risk and without liability or legal exposure to City, and Engineer shall indemnify and hold harmless City from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom 7 Insurance A. The Engineer shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors and omissions relating to the performance of any work by the Engineer, its agents, employees or subcontractors under this Agreement, as follows. (1) Workers' Compensation as required by law (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non-owned vehicles, with minimum limits of $1,000,000 for 4 injury or death of any'one person, $1,000,000 for each occurrence, and $1,000,000 for property damage. B The Engineer shall include the City as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers' Compensation Certificates of Insurance and endorsements shall be furnished to the City before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City Upon request, certified copies of all insurance policies shall be furnished to the City 8 Indemnity Engineer shall indemnify and hold the City, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind for which Engineer is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the Engineer, his officers, employees, agents, or subcontractors under this Contract. 9 Assignment. Engineer shall not assign this Contract without the prior written consent of the City 10 Law Governing and Venue This Contract shall be governed by the law of the State of Texas and no lawsuit shall be prosecuted on this Contract except in a court of competent jurisdiction located in Brazoria County, Texas. 11 Entire Contract. This Contract represents the entire Contract between the City and the Engineer and supersedes all prior negotiations, representations, or contracts, either written or oral This Contract may be amended only by written instrument signed by both parties Purchase orders issued under this Agreement shall contain a statement nullifying additional terms and conditions on the reverse side of the purchase order and referencing this'Agreement. 12 Conflicts in Contract Documents The above provisions shall govern over any conflicting provision contained in any referenced contract document specified above. 13 Dispute Resolution Procedures. The Engineer and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract. To accomplish this, the parties agree to mediation as follows. If a dispute arises out of or relates to this Contract, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before bringing any legal action, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. 5 EXECUTED and EFFECTIVE as of the ja day of J ,IJi,GC 9 Q 3 CITY OF PEARLAND ENGINEE By. By. Printed Name Bill Eisen Printed Name vine Tit R. Ohregpn,P E. Title. City Manager Title. Vice President STATE OF TEXAS § COUNTY OF Sfi—zaci� § BEFORE ME, the undersigned Notary Public, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS Ia DAY OF arc r-7 , A.D , 20 0 3 vote.40-20.."...,-ow.4043,w....wAvmeszel •. % PEPL.A N. LEHMAN ti oAeAae-- �� NOTARY PUBLIC IN AND FOR THE 6 Notary PuiJii^.State o Texas t�pyr My c�€{��r��syrn;sslon Expirss: STATE OF TEXAS\ �J 3'LcOFgE'� F99_1'..6PIL. �g Ste, ®� ®➢ / / !� C-��N��•✓rn_a Printed Name r My Commission Expires tn"/ a aoQS STATE OF TEXAS § COUNTY OF 4'de/s �!I)( , BEFORE ME, the undersigned Notary Public, on this day personally appeared ', ®,b Re ©I , known to me to be the person whose name is subscribed to the foregoing instrumett and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. J GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS / DAY OF £ /fi , A.D , 20 0.3 y NO ARY PUBLI AND FOR THE STATE OF TEXAS .:.,;;` ,,: . .. ;, ;•itsio,tvoos •a. Printed Name. *, tit lNytioiitiNi My Commission Expires. Mangy 80 OOd 6 - A OTHON OTHON,INC. CONSULTING ENGINEERS 1 1 111 Wilcrest Green,Suite 128 Civil,Transportation,Environmental, Houston,Texas 77042 Construction Management 713 975 8555 TEL 713 975 9068 FAX othoncorpC oenon.com E-MAIL wv.w.othon.com WEBSITE January 8, 2003 Mr Alan R. Mueller City of Pearland 3519 Liberty' Drive Pearland, Texas 77581 Re 16-Inch Water Line along Pearland Parkway and FM 518 Professional Services Proposal Dear Mr Mueller. As requested. Othon, Inc. is pleased to submit the following Cost Proposal to provide consulting engineering service in connection with the above referenced project. This Proposal has been structured according to information discussed with your staff at the Project s Scoping Meeting. We intend to retain the services of the Wilson Survey Group to provide survey services and HBC Engineering for geotechnical services. Please review the information represented herein, and call me should you require additional information and/or wish to discuss the proposal in person. Very truly yours, OTHON, INC atx_y V_incent R. Obregon, P E. u Vice President VRO dh Enclosure 16-Inch Water Line along Pearland Parkway and FM 518 Title Section GENERAL INFORMATION 1 MAPS 2 ENGINEERING FEES 3 CONSTRUCTION COST 4 WORK PLAN 5 • •^ .1 .i-r. _ •.,..'wi. .:,;.:,....:%;{' kic^dv.:y;:,�.-;:L.=:r1 ___ .—. r::: PROJECT BACKGROUND In June 2002, the City of Pearland authorized negotiation of a contract with OTHON, INC for the provision of professional engineering services in connection with design of a 16-inch water line along Pearland Parkway and.along FM 518 Name• Pearland Parkway 16-Inch Waterline Limits Pearland Parkway between the North Bank of Mary's Creek and Oiler Drive and FM 518 between Westminster and Pearland Parkway SCOPE OF SERVICES The Engineer shall render the following professional services in connection with the design of the Project: A. Route Investigation 1 Research and obtain information. data and drawings available from the City of Pearland, adjacent development; 2 Obtain information on general geotechnical make-up of the area based on existing geotechnical information from construction plans for Pearland Parkway and adjacent City projects, 3 Obtain and utilize available contour maps of the area from construction plans for Pearland Parkway and adjacent City projects, 4 Obtain FEMA flood maps of the area and determine flood plain limits in the area, 5 Contact and obtain information from various private utility entities in the area such as Southwestern Bell Telephone Company Reliant Energy HL & P, Reliant Energy Entex, petroleum pipelines, railroads, etc in regard to how their facilities may affect the Project; 6 Contact and coordinate permit needs from the Texas Department of Transportation. 7 Identify new service requirements. B Preliminary Water Line Design ) 1 Provide a general overview of the existing water system connection points, ) ) 2 Prepare water line layout(s), including line size and routing; 3 Identify right-of-way needs, ) ) 4 Identify system connection requirements, 5 Identify utility conflicts, 6 Provide preliminary horizontal and vertical alignment design. 7 Prepare a Cost Estimate of the anticipated probable construction costs of the project. i C Final Design } 1 On the basis of the preliminary design. prepare final construction drawings and specifications for construction, 2 Prepare interim design submittals of construction drawings, opinion of probable construction cost, and project schedule at a 30% and 90% completion le\•el to be submitted to the City for review, 3 Assist in the preparation of the applications for routine permits required by local, state and federal authorities, if required, 4 Prepare the bidding documents, 5 Acquire all necessary agency approvals ) Bidding 1 Assist in advertising the project and distribute plans to interested parties, 2 Conduct prebid conferences and prepare necessary addenda, 3 Assist in obtaining bids; ) 4 Assist in the tabulation and analysis of bids and furnish recommendations on the award of the construction contract. E Deliverables 1 Preliminary Design. a. Prepare and deliver to the City a draft report (3 copies) detailing the investigations carried out and present the findings of the study with such exhibits and tables to present the route study, the water line design, and project costs. The report will present the results of the study along with conclusions and recommendation. Exhibits shall be readable and a minimum size of 11" x 17", b Preliminary Design. Receive such comments as the City may make in regard to the draft report and incorporate them into the preparation of a final report (3 copies) to the City 2 Final Design. a. Prepare and deliver two (2) sets to the City of 30% construction drawings including table of contents for construction specifications, b Prepare and deliver two (2) sets to the City of 90% construction drawings including a set of draft construction specifications and traffic control plans, if any, c. Prepare and deliver one (1) set to the City of final drawings and specifications for approval for bidding; d Prepare twenty (20) sets of bid packages for distribution to contractors for bidding, e Deliver final plans to the City on CD, f Coordinate with contractor to obtain "As-built" information and prepare and deliver to the City on mylar and CD the final 'Record Drawings" based on the information provided by the contractor F Time for Performance I Engineer agrees to complete the preliminary design services called for in Scope of Services of this agreement and submit a draft report (2 copies) to the City for review within seventy (70) calendar days, exclusive of time required for city review from the date a Notice to Proceed is issued. Upon receiving approval of the draft report from the City Engineer will proceed with the preparation of a final report (2 copies) to be submitted to the City within twenty (20) calendar days. together with any changes or modifications requested by the City; 2 Engineer agrees to complete final design service called for in Scope of Services of this agreement and submit bid-ready drawings and specifications to the City within one hundred twenty (20) days. Review sets (2 copies) will be submitted for 30%. and 90% during the specified time. The one hundred twenty (20) days does not include- time for the City reviews. Time required for City reviews will be added to the one hundred twenty (20) days, 3 Engineer will submit in Microsoft Project format the schedule for the project including preliminary design, final design, other critical tasks, City review time, bidding and construction at each interim design submittal. A preliminary copy of this schedule is included in Section 5 G The Engineer's Compensation 1 For and consideration of the services rendered by the Engineer, pursuant to this Agreement, the City shall pay to the Engineer the fee as indicated in Section 3 of this proposal. µ' T7:4. ':} v .5. a . w .IS . .�'k,c..5 1�1 Fy 1Ra; �'! �'V'� J� - a*•Y�'�:�J,�i"^'4 Ca_.y r.... I..i c P��i'. i . d +x. _ .. y:. . ,. .. .� �h n.. 1. .�"`.•• .ii7. �:� n .. i .. •yt'• \ `v`\, ,?` �..._:....:� .�,-�,, jJi I/ ` ..-C'f /`/ �/'•` .,........�,._,-...,•... _.........),,.•/.//i•' .,,.....` `..1 t YI _., _ ▪ �� J - \�/�i`'�.�'`}..\• 'tom t!=��'/ 7 /� f,�`��,• �//f• . �j ��1i �� .,`,A. r_; _ �_/ �• ;�, ; �/ PROP 16" WL • =,�..._.,.._.., ......„ `��\�.J ! .._ • ,. T"\\ �; l,i ,Y G 1- / -- �� Q cam) r ��l,;�/y 1 N�O+SGALE \ `��~�� / ( -� j 1 / `ti ��>•"�- �•:.• 1 �./'�� Via. / > -,/,: \.,,�� ,• �, fit.�_ri/;/ iv s.\ " /i,/� ,\'• fit' 1, > , ` / 1 _``• t• %•�• (: .z....z:,:„.„:,-.._,.—,--_.,„...7.,_..,., 1 =------s-" ie •.,--,,,,\ .-Z ,/ /_-7,,,,',-/ - -;,." .. ----:. • ,/r/. -•7 -.-. i ..;//..,q.---4/ �� • �:� 1 / r ..,`� ,, J! 5✓ ( ` % . \ ) < , ,, �J ? %i:J�s` l MARY'S" "'; hi:a; \ L''' �, 1 ~r i i CREEK , , V i/ /�\` \•L.�/ir_, ?r:v, ri, . / ,.. •,...., ..,, , , • -..., r-fi, ..S:iv ,- „," -, „4--' , ',il -1,q, . \it \ � \ -▪>- f\\� f� \ :`. ti . • ‘..'",`-, N:i ,.., \,/,7 • fi i \ % r, ,•J , _ ,. ' i= \.�,, .=i t�� . ' . PROP 16" �ni� ,\,•1 L.--, — --L_ l a a=•� -_, fir _ / ) / •�� +rzcs, �� Z •,,yam.`.•; ,_J f\_*\�\JJ l /,, ,',(, :s„, I / f i. a. ti Thl > •2 2 ^ ram . �' :/ I ; cc) c ' s).\ \(\> \\-• . .. ,,,,-.F.--rr‘ _...--:-.r,-\,„-- :-s,,,,it /*/ /1/- 7 \\.....,\/ c•,, "‘U.,-.., /1 .,•:',_,:.'e..‘1) / / : • � i -- :7---,,,_.‘":•:-:.,,,'- lr/ / ) c- Ne_ ___ _._, 3,--;--itegPrN 1/ ,e‘/--\,„,\N , \ ,_____,.._, ..... .1.,..<„ .s. i_. ..,,_:y yz ,../ .„, /.,( ,...., \ . (. _.... A`. ) .., /( ( \ ••//. EXHIBIT NO r 1 CITY OF PEARLAND, TEXAS r c OTHON,INC.,CONSULTING ENGINEERS n 1• x•,•,�' I•J c�t,Transporlalson,Envtonmental,C!\A PROPOSED 16 WATER LINE , ��_ , m i l wlaest Green Drive,Suite 128 • --- ) a Houston,Texas 77042 S't �A`" •�%' ( • , .,••4- .,.. i Y s4.P,r-1 it '�74 iµ s-..441 :' ::z; }i tssrA. 'y• ao .i;.,,txtn'`t7 i,•3A654r'10 (fg' 4 , •.t '.s.• , •• ENGINEERING FEES Estimated Construction Cost: $ 764,000 (1) Curve for Engineering Compensation 10 443% Modified Curve B (1)Excludes Traffic Control and SIVPPP,Refer to Construction Cost Estimate. BASIC SERVICES: Total Basic Services Design Fee: $ 79,800 35% Preliminary Engineering $ 27,930 55% Final Design and Bidding $ 43,890 10% Construction Administration $ 7,980 100% Total Basic Services: $ 79,800 ADDITIONAL SERVICES: Surveying(The Wilson Survey Group): $ 24,750 (2) (3) Geotechnical(HBC Engineering) $ 6,050 (2) (3) Traffic Control Plan: $ 5,699 (4) Structural: $ 4,282 (4) Storm Water Pollution Prevention Plan(SWPPP): $ 4,539 (4) TxDOT Coordination. $ 1,000 Mileage: $ 500 Printing: $ 3,550 (2.)See attached Subconsultant Proposal;Includes a 10%Markup. (3.)May be reduced tf ie formation is available from Pearland Parkway Project. (4)See attached Level of Effort,this Section. Total Additional Services: $ 46,320 TOTAL ENGINEERING FEE. $ 126,120 ,. 1 ,' b!'Lbr2UU1 DEPARTMENT OF PUBLIC WORKS AND ENGINEERING m Curves of Median Compensation Curves A and B Shown Nand girl, P.E. Jon C Vanden Bosch, P. . rn Deputy Director Director 12% Ji ; iiiIi I. ' I I II ( ! ' f ! 1 1 ' 1 I i i I I I i j I I ! 11% ! I I I ( ► ! ( i ; ; 1 ( ; 1 ' L 1 f • , 11 ( 1 I II I 1 I i i . I !' I I : j i r f1 • I I i i I I'` • I I • i I I I ! r I —� I I 1 • I iCity� of`-Iohs!ori I I • ! I 1 ' 1 , i— = ! ' I �Mociifi�d duet' I ! I 1 ; LI '9 l0 i .1 1• I I ! • I 1 1 1 ; 1 • i i--.— . rrl • III Cit)j of Houkton I 1 I ! ' I ! i 11 i I ! ! a 1 ! III ! 1 11 • ' Modified Crlrve ii - , . ( I ' i i I I I l I I I ! : ! ! w ! i ! m z I I I I 1 1 ! I f : I . i u 1 , , 1 ; ! ! I I 03 I i f j I 0 7% ; : ; ! i I 1 — f I i j t I ' i ' il— 1 g ( I lI Jr i s 1 � 1 I ' i ! ( I 133 ! , i i I ! i I I i , ( ; I i ( ! i ! i I , ! 1 I • . I ! i 1 i I f11. 1 i ! ! jyj I I i ! I I j 1 , 5% ' I I I i i ! i i l I I I i i, i NI II t ; I -,, i I i : If I H I 1 0.1 1 5 10 100 r m CONSTRUCTION COST MILLIONS OF DOLLARS 6/25/2002 MODIFIED CURVE A MODIFIED CURVE B Cost of Cost of Construction Construction In Millions Percent Fee in Millions Percent Fee 0.750 11.347% $85,099.31 0.750 10.489% 678,668.84 0.775 11.270% $87,339.27 0.775 1 0,407% $80,655.49 0.800 11 196% $89,569,35 0,800 10,329% $82,632.09 0.825 11 125% $91,789.97 0.825 10.254% $84,599.09 0.850 11 059% 594,001.54 0.850 10.183% $86,556.88 0.875 10.995% $95,204 43 0.875 10.115% $88,505.86 0.900 10.933% $98,398.99 0.900 10.050% $90,446.37 0.925 10.874% $100,585.53 0.925 9.987% $92,378.74 0.950 10.817% 6102,764.36 0.950 9.927% $94,303.28 0.975 10.763% 5104,935.766 0.975 9.869% $96,220.27 1.000 10.710% $107,100.00 1 000 9.813% $98,130.00 1.025 10,659% $109,257.33 1 025 9.759% $100,032.71 1.050 10.610% S111,407.98 1 050 9.707% $101,928.64 1.075 10.563% $113,552.17 1 075 9.657% 5103,818.01 1.100 10.517% $115,690.11 1 100 9.609% $105,701.06 1125 10.473% $117,822.01 1 125 9.562% $107,577.96 1.150 10.430% $119,948.05 1150 9.517% $109,448.91 1 175 10.389% $122,068.40 1175 9.474% 6111,314 10 1.200 10,349% $124,183.25 1200 9.431% $113,173.70 1.225 10.310% $126,292.73 1.225 9.390% $115,027.86 1.250 10.272% $128,397.02 1.250 9.350% 5116,876.75 1.275 10.235% $130,496.25 1.275 9.311% $118,720.52 1.300 10.199% $132,590.56 1.300 9.274% $120,559.29 1.325 10.165% $134,680.08 1.325 9.237% $122,393.22 1.350 10.131% $136,764.95 1 350 9202% $124,222.42 1.375 10.098% $138,845.28 1.375 9.167% 8125,047 02 1 400 10.066% $140,921 18 1 400 9.133% $127,867.13 1.425 10.035% $142,992.77 1 425 9 101% $129,682.87 1.450 10.004% $145,060.15 1 450 9.069% $131,494.35 1 475 9.974% $147,123.43 1 475 9.037% 5133,301.66 1.500 9.946% 5149,182.70 1.500 9.007% $135,104.92 1.525 9.917% $151,238.05 1.525 8.977% $136,904.20 1.550 9.890% $153,289.58 1.550 8.948% $138,699.61 1.575 9.863% $155,337.36 1.575 8.920% 5140,491.22 1.600 9.836% $157,381.49 1 600 8.892% $142,279.13 1.625 9.811% $159,422.05 1.625 8.865% $144,063.42 1.650 9,785% $181,459.10 1.650 8.839% $145,84416 1 675 9.781% 3163,492.73 1.675 8.813% $147,621 43 1 700 9.737% $165,523.00 1 700 8,788% $149,395.31 1 725 9.713% $167,549.99 1 725 8.763% $151,165.85 1.750 9.890% $169,573.76 1 760 8.739% $152,933.14 1 775 9.667% $171,594.37 1 776 8.715% $154,697.23 1,800 9.645% $173,611.90 1.600 8.692% $156,458,18 1.825 9.823% $175,626.39 1.825 8.669% 6158,216.07 1.850 9.602% $177,637.90 1.850 8.647% $159,970.95 1,875 9,581% $179,546.50 1.875 8.625% $161,722.87 1.900 9.561% $181,652.24 1900 8.604% $163,471.88 1 £d Wdd9 TO EOM LT 'Inf S£ST 689 £TL "ON 3NOHd 3W3 : W083 �. --- ) 3u1-24-02 12:37P WILSON SURVEY GROUP (281 ) 485-3998 P- 02 W G THE WILSON SURVEY GROUP, INC. s) PROFESSIONAL LAND SURVEYORS ) July.24, 2002 ) Mr Richard P, Davis, P.E. Othon, Inc. 11111 Wilcrest Green Drive, S-128 Houston, Texas 77042 Re: City of Pearland—Pearland Parkway Proposed 18-Inch Water Line Dear Mr, Davis, This letter is our proposal to provide surveying and mapping services on the above referenced project. The project is divided into two(2) areas. 1,900 L.F. along the southwesterly side of FM 518 (Broadway)from Westminister to Pearland Parkway and 5,600 L.F. along the southeasterly side of Pearland Parkway from the north side of Mary's Creek to Oiler Boulevard Based on the description of work you provided and a visit to the site we understand the scope of services to be as follows: 't Establish horizontal and vertical control based on City of Pearland monumentation. 2. Obtain copies of utility drawings affecting the project area. 3, Recover sufficient property corner monumentation to re-establish the right-of-way lines of FM 518 and Peartand Parkway, 4 Locate all improvements from the back of curb to 25-feet out side of the right-of-way lines along the eastbound lanes of FM 518 and the northbound lanes of Pearland Parkway 5 Establish elevations at 100-foot intervals along each of the routes. These elevations will be determined at the gutter,the top of curb, the midpoint between the back of curb and the right-of-way line,the right-of-way line and 25-feet outside of the right-of-way, 6 Manholes and Inlets within or crossing the topographic survey area will be detailed. 7. Prepare a continuous plan and profile strip map for each of the routes. The profile will show the top of curb line, the midpoint line, the right-of-way line and a line 25-feet outside of the right-of-way 8. The underground routing of utilities will be shown using both field measurements and record drawings. 9, Provide the digital plan and profile information on CD. The cost to provide the outlined services will be approximately S22,500.b0.Actual Invoicing will be in accordance with the attached hourly rate sheet. We anticipate that the final plan and 4 profile Information can be provided within thirty-five (35) working days following authorization to proceed. 4 2000 E.Broadway Suile LOS•Peark:A,Texan 775111 Ph(IRl)435-399]•Fax(2 ))483-39g8 E- uikmdwileon(thauatce.ttwm 4 Ju1- 4-02 1E : 37P WILSON SURVEY GROUP (281) 485-3998 P-03 Mr. Davis, we appreciate the opportunity to submit this proposal. Please call me at (281) 485- 3991 if you have any questions or if we can be of further service. You truly, . (4444 O• Jos ..-- Mi ae1 b Wilson, R.P.L,S. President - Attachment 70 a 3 3 a a a - W G THE WII,SON SURVEY GROUP, INC;. PROFESSIONAL LAND SURVEYORS January 2002 SCHEDULE OF HOURLY RATES Registered Professional Land Surveyor(RPLS)......... . . .. .$ 85.00 Survey Technician.................... . ... .. ...,$ 50 00 CAD Operator...,............. . . . . .. ..... .$$ 55.00 Clerical....... .. ................................... .. . $ 35.00 2-Man Survey Crew` .. .... . . . . ..$ 95 00 3-Man Survey Crew'.... .. .....$105.00 GPSCrew and Equipment._.,. .......................... .............Quoted,as Needed MISCELLANEOUS CHARGES Transportation by Company Vehicle.................................. .... ......$0,36/mile Delivery by Commercial Carrier,— ....... . ... . ..Cost Plus 10% Non-Labor Expenses(Equipment rental,tolls, etc.).... . .... Cost Plus 10% Reproduction of•Drawings.......................... .Prevailing Commercial Rates *Survey Crew Rates Include normal survey equipment and supplies. Charges are from "portal to portal"..Excessive use of stakes and wooden laths will be invoiced at cost plus 10%. gEO 2006 R.$rva3e+3y•Suite 1Oi•Pesrland,Teocas 77581 Ph(281)483 3991■Na(2 1)481.399s 1.m4I:tndwllsen(thowtzroLcom )� )140 v\ ` 3\'��7� i ENVIltO,,t9rArZYACI ERE,%7IPECITEC PIC rQl1V GO1VSt RL�G ONISERVICES tip" •i° �; '^" �`i��'.ry��5 � -..i:t;v-:.ar.....-�....'" �-•... fl... .. .,.. e� ..� �_�F,..._.....n-t:-.-:...>.-r,.,:. �rPw ,,ti July 22, 2002 " ,. ENGINEERING OTHON IN0, CI nf,WM Mr Richard P Davis,P.E. Othon, Inc J U L 2 6 2002 11111 Wilcrest Green Drive, Suite 128 Houston, Texas 77042-4739 Ph. (713) 975-8555 Fax (713) 975-9068 Re Proposal for Geotechnical Services Proposed Pearland Parkway Water Line Pearland,Texas HBC Proposal No H02-667,Revision 1 Dear Mr Davis ) HBC Engineering, Inc. (a Division of Terracon) understands that we have been selected to provide geotechmcal services for the above referenced project for the City of Pearland based solely on our professional qualifications to perform such work. This proposal outlines our understanding of the scope of services to be performed by HBC for this project and provides an ) estimate of the cost of our services. ) PROJECT INFORMATION This project is expected to include the installation of about 7450 linear ft of 16 inch diameter water line in Pearland,Texas (Brazona County Key Map Page 615Q and U)The water line will extend about 1850 ft along FM 518 from around Westminster to Pearland Parkway, and about 5600 ft along Pearland Parkway south of FM 518 to Oiler Drive. There is a potential freestanding crossing at Mary's Creek and an additional crossing at existing box culverts near the south end of the water line which may require boring. The existing streets are concrete with curbs and gutters. SCOPE OF SERVICES A brief summary of the services to be provided by HBC is provided in the following paragraphs. Field Program. Based on the layout of the proposed water line, we plan to perform a total of 16 borings (approximately 500 ft spacing) for this project. 14 to a depth of 10 ft along the water line 9 alignment and two to a depth of 30 ft at each of the creek crossings The total footage would be 200 ft. p I luuslutt 1)ullus Fut't\\•urth Justin TexasC ity II;;;Clay lima] :MI I Carpenter Fnvy. 260l (inn el Drive ;3U7 Industrial Duks HI d. 3 NU'-311I Avenue Borth Suite I DO Suite !NI Hirt\4urth.T\76 I I x Suite IN} Texas C ilv.Texas 77;9U Houston.T\77041 Dallas.T\7s247 IS171 26N-$Nutt Austin.T\7X7;; (409)v43-:;03 Othon, HBC Proposal No.H02-667, Rev 1 July 22, 2002 cE, CNr. Page 2 Drilling services will be provided by a subcontractor During drilling, test samples will be collected in general accordance with the appropriate ASTM procedures Once the samples have been collected and classified in the field, they will be properly prepared and placed in appropriate sample containers for transport to our laboratory Based on a brief site visit, we anticipate that we will be able to drill the borings using standard truck mounted equipment. There appears to be adequate space to drill outside the street curbs in the street nght-of-ways, therefore traffic control is not planned. This proposal does not include services associated with location of underground utilities We will notify Texas One Call prior to scheduling our drilling services and make every effort to avoid underground utilities, however, HBC cannot be responsible for utilities for which we are unaware. Laboratory Testing. The sample classifications will be reviewed by a geotechmcal engineer in the laboratory, and .a laboratory testing program will be assigned which will be specific to the project requirements and the subsurface conditions observed. The testing program could include, but may not be limited to, moisture content, unit dry weights, Atterberg Limits, compressive strength tests, and grain size analyses. The laboratory testing program will concur with the ) applicable ASTM standard procedures. Engineering Report. The results of our field and laboratory programs will be evaluated by a professional geotechnical engineer licensed in the State of Texas Based on the results of our evaluation, an engineering report will be prepared which details the results of the testing performed and provides Logs of Borings and a project layout. The report will provide geotechnical engineering recommendations which will address soil and groundwater conditions, groundwater control,utility excavations, OSHA guidelines for trench shoring/bracing, and trench bedding and backfill. SCHEDULE We can generally begin the field exploration program within about one week after receipt of authorization to proceed, site and weather conditions permitting. We estimate that the final } geotechmcal report can be completed within about two to three weeks after the soil borings are completed. In situations where information is needed prior to submittal of our report, we can provide verbal information or recommendations for specific project requirements directly after we have completed our field and laboratory programs. ESTIMATED COST For the scope of geotechnical services outlined in this proposal which includes drilling, laboratory testing, and an engineering report, we estimate total costs of S5500 The cost of our services will not exceed the applicable figure without approval of the client. HBC Proposal No • H02-667,Rev. 1 9 AGREEMENT FOR CONSULTING SERVICES ) This Agreement is made as of July 22, 2002 between HBC Engineering, a Division of Terracon, an Iowa Corporation, (hereinafter"BBC")whose mailing address is 11555 Clay Rd., Suite 100,Houston,Texas 77043, and Othon, Inc. (hereinafter "CLIENT") whose mailing address is 11111 Wilcrest Green Drive, Ste. 128, I Houston,Texas 77042-4739. Services to be provided are described in HBC Proposal No.H02-667,Rev 1 and are subject to the following terms and conditions to which the parties mutually agree. ARTICLE 1-SCOPE OF SERVICES ® 1 1 In consideration of the mutual covenants contained herein,HBC shall perform the services identified in our proposal (hereinafter "the Services"),which is made a part hereof,in accordance with the terms of this Agreement. 1.2 The services covered by this Agreement will be undertaken by HBC only upon receipt of an executed copy,signed by an authorized representative of CLIENT 1.3 Services under this Agreement are for the CLIENT'S sole benefit and exclusive use with no third party beneficiaries intended. ARTICLE 2-AMENDMENTS 2 1 CLIENT, without invalidating this Agreement, may request changes within the general scope of the Services required by this Agreement by altering or adding to the Services to be performed,and any such changes in the Services shall be performed subject to this Agreement. Upon receiving the CLIENT's request,HBC shall return to CLIENT a change setting forth an adjustment to the Services and Project Cost estimated by HBC to represent the value of the requested changes. Following CLIENT's review of HBC's change proposal,CLIENT shall provide written acceptance under the terms of this Agreement. ARTICLE 3-PROJECT COSTS and PAYMENT 3 1 HBC shall be paid as outlined in our proposal. 3.2 HBC will submit an Invoice to CLIENT on a monthly basis or upon completion of the Services unless otherwise specified by CLIENT in writing. 3.3 Payment shall be made by CLIENT with1..30 day:.-after receipt of the Invo,co 10 days after receipt of payment from the City of P earland. 3 4 CLIENT shall provide written notification to HBC within 15 days of receipt of the invoice should CLIENT object to all or part of charges appearing on the Invoice. The portion of the Invoice which is not in dispute shall be paid by the CLIENTS within 30 days of receipt of the Invoice. 3.5 A finance charge of 1.5%per month will be paid by the CI,TFNT for all non-disputed invoices after 30 days. ARTICLE 4-COM'll)ENTIALITY 4 1 HBC shall maintain as confidential and not disclose to others without CLIENT's prior written consent,all information obtained from CLIENT,not otherwise previously known to HBC in the public domain. The provisions of this Article shall not apply to information in whatever form which(i)is published or comes into the public domain through no fault of BBC,(ii)is furnished by or obtained from a third party who is under no obligation to keep the information confidential,or(iii)is required to be disclosed by law on order of a court,administrative agency or other authority with proper jurisdiction. HBC will notify CLIENT in.writing immediately if information is requested under item(iii)above. ARTICLE 5-CONSULTANT'S REPRESENTATIONS,WARRANTIES,and COVENANTS 5 1 HBC,its employees,agents and subcontractors will hold necessary licenses and certificates required by federal,state,or local rules and regulations. 5.2 The Services will be performed using that degree of care and skill customarily provided by an experienced professional organization providing similar services in the area during the same time period. 5.3 HBC makes no other warranties either expressed or implied,as to the Services performed hereunder 5 4 HBC shall take reasonable precautions to prevent injury or loss to persons or property at the site. HBC Proposal No H02-667,Rev. 1 ARTICLE 6-CLIENT'S REPRESENTATIONS,WARRAN LIES,and COVENANTS 9 6.1 CLIENT agrees to provide HBC with all existing data,plans,and other information in CLIENT's possession,which are necessary for the performance of the Services. CLIENT agrees to provide HBC continuing related information, as it becomes available to 9 CLIENT This information will include such information as location of utilities,known site hazards,nature and/or characteristics of any hazardous or toxic materials on or near the site. HBC may rely upon this information but is not responsible for it accuracy 6.2 CLIENT shall ensure that HBC has authorized access to the site during performance of the Services and if the time of that access is limited,CLIENT will notify HBC prior to commencement of the Services so adjustments in Project Costs and planning can be made,if necessary ARTICLE 7-DIDEI'INi ITY 7 1 HBC shall indemnify,defend and hold harmless CLIENT from and against any and all lawsuits,claims,liabilities,causes of action, losses, damages, forfeitures,penalties, fines, costs and expenses, including, but not limited to, reasonable attomey's fees and expenses,by whomever asserted,including,but not limited to,any government agency or branch or any third party to the extent the same arise from(i)a breach by HBC of any term or provision of this Agreement,(ii)violation by HBC of federal,state or local statute, rule, regulation or ordinance in the performance of the Services, or (iii) negligent errors or omissions of HBC or its employees,agents,or subcontractors in the performance of the Services. 7.2 CLIENT shall indemnify,defend and hold harmless HBC from and against any and all lawsuits,claims, liabilities,actions,causes of action, demands, losses, damages, forfeitures,penalties, fines, costs and expenses, including,but not limited to, reasonable attomey's fees and expenses,by whomever asserted,including,but not limited to,any government entity, agency or branch,any third party,an employee,contractor employed or retained by HEC,any third party or employee employed or retained by BBC, to the extent that such claim,property damage,injury or death resulted from (i)the negligence or willful misconduct of CLIENT or agent of CLIENT, (ii)violation of federal,state or local statute,rule,regulation or ordinance by CLIENT or agent of CLIENT, (iii) CLIENT's alleged involvement or status as an owner,operator,arranger,generator or transporter of hazardous substances or constituents at the site,or(iv)inaccurate information provided by CLIENT to BBC Client and HBC agree that they will not be liable to each other, under any circumstances, for special, consequential or punitive damages arising out of or related to the Contract. ) ilTinT L` 4 i i\TTT Tin /l T T A bTT TT't7 , AIT L1A\ll'� 1�f� A\�,�L;1�A,rTC[1 TLIG'_DIQfIC AAifl D T—AN1 �- r'f•.s+`�rrrt 1<LAf AILC-A CCr1 C'`IATt�I'1 171llTLl TLIIC l3.Qd IC/'+T IAI/'`l I In 1 T 0134 G 1 IAD11 ITV ARTICLE 9-CONSEQUENTIAL DAMAGES 9 1 Neither party shall be liable to the other for loss of profits or revenue,loss of use,Ioss of opportunity,loss of good will,cost of substitute facilities,goods,or services,cost of capital, or for any special, consequential,punitive, or exemplary damages,under any theory of liability ARTICLE 10-INSURANCE 10 1 HBC represents that it now carries and will continue during the terms of this Agreement to carry Workmen's Compensation, } Comprehensive General Liability and Comp rehensive ensive Automobile Liabili ty ty insurance in the following amounts. • Statutory Workers Compensation Insurance and Employers Liability Insurance-S1,000,000 per accident. • Commercial General Liability Insurance-S1,000,000 per occurrence and$1,000,000 annual aggregate for bodily injury or death and property damage,including loss of use thereof,written on an occurrence(as opposed to a"claims made")basis. Umbrella Liability Insurance-$5,000,000 per occurrence and S5,000,000 aggregate liability for bodily injury or death and property damage,including loss of use thereof. }IBC Proposal No.:H02-667,Rev. 1 ARTICLE 10—INSURANCE(Continued) • Comprehensive Automobile Liability Insurance covering all owned,non-owned and hired vehicles-S 1,000,000 combined ,� single limit of liability per occurrence for bodily injury or death and property damage,including loss of use thereof,written on an occurrence(as opposed to a"claims made")basis. • Errors and Omissions Insurance,including Pollution Liability,Applicable to Services-$1,000,000 with respect to claims made against HBC for negligent errors or omissions in the performance of the Services hereunder. D ARTICLE 11-DELAYS AND TERM NATION ® 11 1 CLIENT or BBC may terminate this Agreement upon forty-eight(48)hours written notice should the other party fail substantially ® to perform in accordance with the terms and conditions of this Agreement through no fault of the terminating party A complete settlement of all claims upon such termination of this Agreement shall be made as follows: CLIENT shall compensate EBC for ® the Services performed up to the date of receipt of termination plus reasonable costs incurred in terminating the Services in accordance with HBC's current fee schedule. In the event Services cannot be performed on or before the projected due date because ® of circumstances beyond the control of HBC, including,but not limited to strike,fire,riot,excessive precipitation, act of God, governmental action,third party action or action of omission by CLIENT,the Services shall be amended by CLIENT and HBC ® in accordance with Article 2 of this Agreement. )® ARTICLE 12-WASTE AND SAMPLE DISPOSITION �) 12 1 Unless otherwise specified in Proposal, the proper disposition of any contaminated materials generated on-site as a result of the Services,including,but not limited to,waste materials,samples,produced soils or fluids,or protective equipment(hereinafter ) "Affected Materials"),shall be considered out-of-scope and shall require a written change order request by CLIENT in accordance with Article 2 of this Agreement wherein CLIENT provides a generator number,specifies its choice of transporter and treatment, D storage or disposal facility and completes documentation necessitated by these services. CLIENT understands that HBC is in no D way responsible for the proper disposition of the Affected Materials except as provided under this Agreement and CLIENT is �® responsible for directing the disposition of the Affected Materials. In the event that test samples obtained during the Services contain substances hazardous to health,safety or the environment,or equipment used during the Services cannot be reasonably ® decontaminated, CLIENT shall, if necessary, sign documentation required to ensure that this equipment and/or samples are 21 transported and disposed of properly CLIENT agrees to pay HBC the fair market value of this equipment and reasonable disposal JD costs. SP 12.2 In the event CLIENT wishes for HBC to retain test samples beyond the final report date for the Services,CLIENT shall provide NBC with a written request stating the same. HBC shall invoice CLIENT only for those storage charges incurred for storage �1 beyond thirty(30)days after the report date for the Services. au ® ARTICLE 13-ENTIRE AGREEMENT 13 1 This Agreement(including attached schedules)constitutes the sole and entire agreement between HBC and the CLIENT This 4 agreement replaces and supersedes all prior discussions and agreements between the CLIENT and HBC with respect to the matters 4 contained herein. 4 By executing this agreement,BBC and CLIENT indicate their acceptance and agreement with its terms. =[1' , Client: Othon,Inc. HBC Engineering, a Division of Terracon,Inc. d By: By. dName: Name: C.Harold Cobb,P.E =it , Title: Title Principal_ =it Date: Date. D...-..i -el City of Pearland Level of Effort-Traffic Control Plans Othon,Inc.Consulting Engineers 11111 Wilcrest Green,Suite 128 Houston,Texas 77042 Project Civil Graduate Design CADD Admin Sub-total Subtotal Date: July 18,2002 Principal Manager Engineer Engineer Technician Technician Support Man-hours (cost$) . . ... ...Billing:Rate.per HoW.'....... .... .. $144.24. ...'$107.61 $.103.20 $75,12 •.$76,11 : :$64.71 $46.32 . .. .. .... • Task Description PROJECT MANAGEMENT AND COORDINATION General Task Coordination 0 4 0 0 0 0 0 4 $431 Meetings-City of Pearland 0 2 4 0 0 0 0 6 $629 Meetings-Texas Department of Transportation Coordination 0 2 4 0 0 0 0 6 $629 T-1 Traffic Control Overall(Strategy and Notes) 0 0 4 0 4 16 0 24 $1,753 T-2 Traffic Control Typical Details 0 0 4 0 4 16 0 24 $1,753 Quality Control Review 2 2 0 0 0 0 0 4 $504 16 '., •'.SUB-TOTAL• 2 10: 0 �' 8 ... .32 0 : .., 68 $5,699 TOTAL ESTIMATED FEE $5,699 f I r City of Pearland Lovol of Effort-Structural , Othon,Inc.Consulting Engineers 11111 Wlicrest Green,Suite 128 Houston,Texas 77042 Project Civil Graduate Design CADD Admin Sub-total Subtotal Date: July 18,2002 Principal Manager Engineer Engineer Technician Technician Support Man-hours (cost$) Billing Rate per Hour $144.24 .. . $107.61 .. . $103.20 $75,12 ... .$76,11 ...... $64.71 ...... $46.32: . Task. .. . . • • Description PROJECT MANAGEMENT AND COORDINATION General Task Coordination 0 2 2 0 0 0 0 4 $422 Analysis on Existing Bridge'' 0 0 4 0 0 0 0 4 $413 I S-1 Structural Layout 0 0 4 0 0 8 0 12 $931 S-2 Structural Details 0 0 4 0 4 20 0 28 $2,012 Quality Control Review 2 2 0 0 0 0 0 4 $504 ' ...: . .. .... ... .. .. ..... .. ... ... .....'SUB-TOTAL. 2 .. .. • 4 14 0 ..' ...'.:4... 28 ... ... 0 . . 52 54,282 TOTAL ESTIMATED FEE $4,282 Notes: 1.)Proposal represents design based on the aerial crossing of Marys Creek being accomplished by attachments to the existing bridge. 1.:.. „o *" ��}} 4. +.: i , —. -.`i .A •,✓ �.F1 1 Y4 - :r ,fix^t"V: .r a. � .... . ?' y itit c P, -Ii-r�. - . •Y •'"-", n:l-,x-u,' .T" S 1 •'•t'f.. F•.M ,...J L Y t"ti,+ _y-,:--.^ 4` "F'i" �W ..'• r iL .•.! '' '717t-1.'1{•" W. " s k.-•• y,.., ' , -. s, t ,... .", "v,:4..r.. , - r, 'V '1�: u. ,<e` "ol a .„ ,,• 0..i., t b;, ,!qs .'-,-, r 6' `. - - • 1 t ,.� . i t+: '` .. •i.,i'' -" 14 a", r ny,r '-. .`,,,-j,+ 1 _Cv i !tt h,a. .':Y if ^..` 'I•f -,1 t ; . ., Y ••i. , •' S. „r l. .�: 1 r 4 •. .i ^r >n/ • t +tr •.. rs !: d..J' i.; `'f.. 1•4� ,� A (A� �; :aI' it. is lil,. �ii, �a^. ,.Ia, S `m; o. jo .- ,:•. +,.�, 7af r 4-,..Cm'!'.v v ..y1i.-rft�,R .S",<is+.`1 r.T `f,' -{„. 5 }i�_.�'= i y' 'S_:k�., .: \ S4 City of Pearland Level of Effort-Stormwater Pollution Prevention Plan Othon,Inc.Consulting Engineers 11111 Wiicrest Green,Suite 128 Houston,Texas 77042 Project Civil Graduate Design CADD Admin Sub-total Subtotal Date: July 18,2002 Principal Manager Engineer Engineer Technician Technician Support Man-hours (costs) Billing Rate per Hour ... $144.24 $107.61 $103.20 . $75.12•• •$76 11 $64.71 . $46.32 •T,ssk. ; Deatiription ....................................... .,.........................,...... ....... .. . ..... .... PROJECT MANAGEMENT AND COORDINATION General Task Coordination 0 4 0 0 0 0 0 4 $431 SW-1 SWPPP Overall(Strategy&Notes) 0 0 4 0 6 16 0 26 $1,905 SW-2 SWPPP Typical Details 0 0 2 0 6 16 0 24 $1,699 Quality Control Review 2 2 0 0 0 0 0 4 $504 . :SUB-TOTAL:. .. . 2' .... ..6 . .. 6 ... 0:.: :. : 12^•. . :32 :.. .:. 0 • 58:. :. . .: .$4,539 • TOTAL ESTIMATED FEE $4,539 1 f CITY OF PEARLAND PEARLAND PARKWAY 16-INCH WATERLINE PRELIMINARY OPINION OF PROBABLE CONSTRUCTION COST ITEM pESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST A.Site Work 1 Mobilization(4%) IS 1 $28,600.00 $28,600.00 2 Traffic Control(4%) LS 1 $28,600.00 $28,600.00 3 Stormwater Pollution Prevention(3%) IS 1 $21,500.00 $21,500.00 4 Surface Restoration SY 2,897 $6.50 $18,831.94 5• Remove&Replace Concrete Paving s'- 0 $55.00 $0.00 6 Remove&Replace A.C.Paving SY 0 $55.00 $0.00 7 Remove&Replace Driveways EA 10 $275.00 $2,750.00 Site Work Subtotal: $100,281.94 B.Water Line 1 16"Water Main(Open Cut,PVC/DIP) LF 7,450 $55.00 $409,750.00 2 16"Water Main(Aerial Crossing,Steel) LF 150 $200.00 $30,000.00 3 16"Water Main(Bore in Steel Casing,PVC/DIP) LF 85 $185.00 $15,725.00 5 16"Ducitle Fittings EA 25 $900.00 $22,500.00 6 16"Butterfly Valves EA 16 $1,000.00 $16,000.00 7 Trench Safety LF 7,450 $2.00 $14,900.00 8 Fire Hydrant Assembly EA 16 $2,000.00 $32,000.00 10 Connections to Existing System(16') EA 4 $1,600.00 $6,400.00 11 Connections to Existing System(10") EA 2 $1,200.00 $2,400.00 12 Connections to Existing System(8") EA 2 $1,000.00 $2,000.00 13 Cut,Plug,and Abandon 10"Water Main LF 1,700 $5.00 '$8,500.00 Water Subtotal: $560,175.00 25%Contingency $165,114.24 Total $825,571.18 TOTAL OPINION OF PROBABLE CONSTRUCTION COSTS $826,000.00 Page 1 of 1 reatfauu refnway fu-ili(,Ii vvaler Line ' ., 'Administration e e:Ifgazh::-.:4;':> . v h.n Notice to Proceed 0 0*Notice to Proceed City of Pearland Approval of PER 0 0 +City of Pearland Approval of PER '. City of Pearland Approval of Bid Documents 0 0 _ +City of Pearland Approval of Bid Documents Basic Services-"= r y; :i ' = Preliminary Water Line Alignment 30 30 011111WPreliminary Water Line Alignment Preliminary Engineering Report(Draft) 40 40 Preliminary Engineering Report(Draft) Preliminary Engineering Report(Final) 20 20 IMP Preliminary Engineering Report(Final) Final Design-30%Construction Drawings 45 45 IferieffitrefFinal Design-30%Construction Drawings Final Design-90%Construction Drawings 45 45 AINEEMElerFinal Design-90%Construction Drawings Final Design-100%Construction Drawings 30 30 Final Design-100%Construction Drawings Bidding - 60 -60 ACIEINEID2=27Bidding Construction 180 180 Construction 'Additional Services.. . . • . ....,,-:;::::.-:A; Geotechnical 60 60 ClEilMaltnEMVGeotechnical Surveying - - l - — 45 45 Surveying Progress Meetings v t` ;" Monthly Design Progress Meeting 1 {Monthly Design Progress Meeting Monthly Design Progress Meeting 1 t 7Monthly Design Progress Meeting Monthly Design Progress Meeting 1 ZMonthly Design Progress Meeting Monthly Design Progress Meeting 1 7Monthly Design Progress Meeting Monthly Design Progress Meeting 1 XZMonthly Design Progress Meeting Monthly Design Progress Meeting 1 Monthly Design Progress Meeting Monthly Design Progress Meeting 1 XZMonthly Design Progress Meeting Monthly Design Progress Meeting 1 Monthly Design Progress Meeting Monthly Design Progress Meeting 1 'Monthly Design Progress Meeting City Reviews .. ._ ,. .;.g.` i City of Pearland Approval of Alignment 21 21 /City of Pearland Approval of Alignment City of Pearland Review of PER 21 21 City of Pearland Review of PER City of Pearland Review of 30%Submittal 21 21 ailliCity of Pearland Review of 30%Submittal City of Pearland Review of 90%Submittal 21 21 City of Pearland Review of.90%Submittal - - __ Start Date 03FEB03 /� . V Early Bar PPWL Sheet 1 of 1 Finish Date 20JUL04 Othon,Inc. �arS� Data Date 03FEB03 A Progress Bar �,�i�, Run Date 07JAN0314:57 Critical Activity jQ an3 .; r`• Pearland Parkway 16-Inch Water Line 1?�•' > r ; .masi �:" /1 OTH O N ©Primavera Systems,Inc. 518-Sherwod to PP replacement PP-Mary's Creek to Oiler Drive 16'Water transmission line Fund 042 Specs 7950'16'Water line Hydrants and irrigation connections Engineer Othon PM Richard Davis Start 1Q03 Quarter 1Q 03 2Q 03 3Q 03 4Q 03 1Q 04 2Q 04 3Q 04 Budget 1 2 3 4 5 6 7 X-Check Diff Basic Engineering $ 79,800 $ 23,940 $ 23,940 $ 19,152 $ - $ 3,192 1$ 4,788 $ 4,788 $ 79,800 $ Other Services $ 46,320 $ 15,286 $ 15,286 $ 15,749 $ - $ $ $ $ 46,320 $ - Construction $ 825,571 $ - $ - $ - $ - $ 272,438 $ 272,438 $ 280,694 $ 825,571 $ - Material Testing $ 16,511 $ $ - $ $ - $ 5,449 $ 5,449 $ 5,614 $ 16,511 $ - Inpection Services $ 8,256 $ - $ - $ $ - $ 2,724 $ 2,724 $ 2,807 $ 8,256 $ - ROW $ 123,500 $ - $ 61,750 $ 61,750 $ - $ - $ - $ - $ 123,500 $ - Permits $ - $ - $ $ - $ , - $ - $ - $ - $ $ - Subtotal $ 1,099,958 10%Contingency 10% $ 109,996 $ 4,400 $ 5,500 $ 1,100 $ - $ 32,999 $ 32,999 $ 32,999 $ 109,996 $ TOTAL $ 1,209,954 $ 43,625 $106,475 $ 97,751 $ - $ 316,802 $ 318,398 $ 326,902 $ 1,209,954 $ - - $ - Inflation 4% $ 54,216 $ 446 $ 2,178 $ 2,999 $ - $ 16,198 $ 16,198 $ 16,198 $ 54,216 $ - $ FV $ 1,264,170 $ 44,072 $108,653 $100,749 $ - $ 333,000 $ 334,596 $ 343,099 $ 1,264 170 $ Construction $ 825,571 Basic Eng Fee $ 79,800 9.666% Other Fees $ 46,320 5.611% MT $ 16,511 2.000% IS $ 8,256 1 000% Inflation $ 54,216 6.567% DOCUMENT FILING REQUEST f Exhibit A—R2003-14"— RP-128 Description. Othon Resolution. Bill Eisen City Manager Type: Engineermg Agreement Search String Parameters. Engineermg Design 16" Water from West Mary's Creek/Oiler Drive to 518 Requested By. Robin Pitcock Project Management 02/25/03 ZECEOWE7)) FEB 262001 CITY OF PEARIAND CITY SECRETARY'S OFFICE Exhibil "A" Resolution No R2003-14 01{IGTI\FAL CITY OF PE+ AE. .JAND, TEXAS SPECIFICATIONS AND CONTRACT DOCUMENTS FOR CONSTRUCTION OF PEARLAND PARKWAY 16" WATER TRANSMISSION IMPROVEMENTS B2002 - 017 DECEN ER 2002 TOM REID MAYOR RICHARD 1 ETENS WOODY OWENS POSITION NO .l POSITION NO 2 Cl/ARLES YIKTORIN LARRY MARCOT T POSITION NO 3 POSITION NO. 4 KLAUS SEEGER POSITION NO. 5 BILL EISEN YOUNG LORF1NG CITY MANAGER. CITY SECRr TAR 1 v • • F RE ESE"'NICHCLS FM a1-•395 CITY OF PEARLAND, TEXAS SPECIFICATIONS AND CONTRACT DOCUMENTS FOR CONSTRUCTION OF PEARLAND PARKWAY 16" WATER TRANSMISSION IMPROVEMENTS B 2002— 017 DECEMBER 2002 ...'�F s • ��o MEHRAN BAVARIAN i 0.Iq:, s � Prepared by: 111'•,�.iS.,7eR G�.S Freese &Nichols,Inc. ��-�� 2010 East Broadway Pearland, Texas 77581 Rev /Z- 13—AZ (281) 485-2404 FNI 01-395 CITY OF PEARLAND CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS FOR CONSTRUCTION OF PEARLAND PARKWAY 16"WATER TRANSMISSION IMPROVEMENTS TABLE OF CONTENTS A. NOTICE TO BIDDERS B INSTRUCTIONS TO BIDDERS C PROPOSAL D STANDARD FORMS OF AGREEMENT BETWEEN OWNER AND CONTRACTOR E. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE F GENERAL AND SPECIAL CONDITIONS G TECHNICAL SPECIFICATIONS ITEM 1 INSTALLATION OF WATER MAINS ITEM 2 TRENCHING AND SHORING SAFETY REQUIREMENTS APPENDIX"A" SPECIFICATIONS FOR MATERIALS FOR WATER MAINS AND APPURTENANCES SECTION A NOTICE TO BIDDERS NOTICE TO BIDDERS CITY OF PEARLAND, TEXAS BID NO. 2002- 017 Sealed bids will be received, in duplicate, marked "PEARLAND PARKWAY - 16"WATER TRANSMISSION IMPROVEMENTS,BID NO. B 2002-017 in the office of the Purchasing Officer, the City of Pearland, City Hall, 3519 Liberty Drive, Pearland, Texas, 77581, until 3:00 p.m., January 22, 2003, at which time they will be publicly opened and read aloud for the furnishing of. PEARLAND PARKWAY 16" WATER TRANSMISSION IMPROVEMENTS B 2002 - 017 This project will entail. Approximately 6,475 LF of 16" & 12"waterlines, fire hydrants,with all related appurtenances, all complete, tested, and operational. Information and Bid Documents. Copies of Contract Documents and Technical Specifications and Plans are on file at the following locations for review. City of Pearland (281) 652-1668 City Hall, Purchasing Department 3519 Liberty Drive Pearland, Texas 77581 AGC of Texas (713) 334-7100 2400 Augusta, Suite 180 Houston,Texas 77057 A- 1/2 Dodge Reports (713) 529-4895 4101 Greenbriar, Suite 320 Houston, Texas 77098 These documents may be examined without charge at the above locations. Bidders may obtain a complete set of the Contract Documents, Special Provisions to Specifications and Plans from the Office of the Engineer, Freese &Nichols, Inc., 2010 Broadway, Pearland, Texas 77581, upon request and an amount of$50 00 per set. No partial sets will be issued. There will not be any refund for plan sets. No bid may be withdrawn or terminated for a period of sixty(60) days subsequent to the opening date without the consent of the City of Pearland. Bidder's Bond, Cashier's Check, or Certified Check payable to the City of Pearland in the amount of 5% of the total bid price must accompany each proposal. The City of Pearland reserves the right to reject any or all bids, or to accept any bid deemed advantageous to it. The successful bidders must furnish Performance, Payment, and Maintenance Bonds as required by law (Article 5160, Vernon's Texas Civil Statutes, as amended) upon an acceptable form in the amount of one hundred percent (100%) of the contract price, such bonds to be executed by a corporate surety duly authorized to do business in the State of Texas, and named on the current list of"Treasury Department Circular No 570", payable to the City of Pearland, Texas Contractor must certify that his firm or subcontractor does not and will not maintain any facilities he provides for his employees in a segregated manner, or permit his employees to perform their services at any location under his control where segregated facilities are maintained. A non-mandatory pre-bid conference is scheduled for 3.00 p.m., January 15, 2003 at Pearland City Hall at 3519 Liberty Drive, Pearland, Texas. Because of coordinations required during construction with a roadway project currently under construction the bidders are encouraged to attend. Date Gordon Island Purchasing Officer A- 2/2 SECTION B INSTRUCTIONS TO BIDDERS INSTRUCTION TO BIDDERS Receipt of Bids Bids will be received until 3.00 p.m., January 22, 2003, in the office of the Purchasing Officer, under conditions set forth in the published Notice to Bidders. Information and bidding documents are obtainable from the Purchasing Officer under conditions set forth in the published Notice to Bidders. Discrepancies and Interpretation. Notify the City Engineer and Freese and Nichols, Inc in wnting at least five (5) days prior to bid date if discrepancies, ambiguities, or omissions are found in the Specifications or Drawings or if further information or interpretation is desired. Answers will be given in wnting to all Bidders in addendum form. All provisions and requirements of such addenda will supersede or modify affected portions of Specifications or Drawings. All addenda will be incorporated in and bound with the contract documents No other explanation or interpretation will be considered official or binding. Mailing Procedure Submit Proposal and Bid Check or Bond in an opaque sealed envelope Identify the envelope with the project name and the name and mailing address of the Bidder Proposals may not be modified after submittal. Bidders may withdraw Proposal at any time pnor to the advertised bid opening time but may not resubmit a Proposal once it has been withdrawn. Proposals received after the advertised time set for opening will be ineligible and will be returned unopened. Proposal. Submitted Proposal shall be based on conditions at the project site, the Specifications, the Drawings and any addenda to Specifications and/or Drawings issued prior to opening of bids. Authontatively execute and submit bid Proposal form furnished with the Bid Documents to insure complete uniformity of wording. Proposal showing omissions, alterations of wording, conditional bids, or carrying nders or qualifications which modify the proposal as submitted will be rejected as irregular. Submit Proposal in duplicate. Two copies of the Proposal form which are not bound in the B-1/4 Specifications are furnished for the Bidders use in submitting his bid. The Proposal Form bound in the Specifications is for the Bidder's information and is not to be completed. Each bidder shall submit only one Proposal, if two or more Proposals are submitted by any bidder, either in one envelope or in separate envelopes, then such Proposals will be subject to rejection. Proposal amounts may not be amended or modified in any manner after the time set for bid opening m the published invitation to Bidders. Under no circumstances will the bidder be permitted to alter his bid after it has been read. The City of Pearland reserves the nght to reject any or all Proposals submitted, or to award the Contract to the Bidder who, in the City's opinion, offers the most advantageous proposal for the purpose intended. Financial Statement: The bidder will be required by the Owner to furnish a financial statement. Proposal Guaranty A Certified or Cashier's Check on a State or National Bank in the State of Texas, or a Bidder's Bond from an acceptable Surety Company authonzed to transact business in the State of Texas, in the amount of not less than five percent(5%) of the greatest total amount of the Bidders' Proposal, payable without recourse to the order of the City of Pearland must accompany each proposal as a guarantee that if awarded the Contract, the bidder will promptly enter into Contract and execute Performance and Payment Bonds on the forms provided. Should the successful Bidder fail to execute Contract and Bonds within fifteen(15) days after notifications of award of Contract, said check or bidder's bond shall become the property of the Owner as set forth in Paragraph 2.05 of the General Conditions of Agreement. Qualifications of Bidder The Owner will make such investigations as he deems necessary to determine the ability of the Bidder to perform the work, and the Bidder may furnish to the Owner all such information and data for this purpose as the Owner may request. The owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. B-2/4 Performance and Payment Bonds The successful bidder to whom the Contract is awarded will be required to furnish a Performance Bond and Payment Bond, as set forth in Paragraph 2.04 of the General Conditions of Agreement. Bond forms bound in the Specifications are included as information to the Bidder Insurance: Before starting work, the successful bidder to whom the Contract is awarded will be required to obtain insurance coverage as set forth in Paragraph 2.07 of the General Conditions of Agreement. Site Investigation. Examination,of project site, existing structures and adjacent property and familiarizing himself with existing conditions before he prepares and submits his Proposal is the responsibility of each bidder After investigating the project site and comparing the Drawings and Specifications with the existing conditions, immediately notify the Engineer of any conditions, for which requirements of labor and material are not clear, or about which there are questions regarding the extent of the work involved. Should the successful Bidder fail to make the required investigation and should a question arise later as to the extent of the work involved in any particular case, then the decision shall be made by the Engineer as to proper interpretation of the Specifications and Drawings. It is understood that full and complete allowance for conditions under which the Contractor will be required to operate, or that will in any manner affect work under this Contract is included in the Bidder's Proposal and in the Contract Amount. Contract and Contract Form. The Contract form bound in the Specifications is included as information to the Bidder It is not to be used in submitting a Proposal. The Owner agrees that the award of the Contract, if awarded, will be within fifteen(15) days after date of opening bids unless otherwise stated in the proposal. State Sales Tax. The Owner qualifies for exemption from, the State and Local Sales Tax pursuant to the provisions of Article 10 04 (F) of the Texas Limited Sales, Excise and Use Tax Act. The Contractor performing this Contract may purchase all materials, supplies, equipment B-3/4 consumed in the performance of this Contract by issuing to his suppliers an exemption certificate m lieu of the tax, said exemption certificate complying with State Comptroller of Public Accounts Ruling No 95-0 07 Any such exemption certificate issued by the Contractor in lieu of the tax shall be subject to the provision of the State Comptroller of Public Accounts Ruling No 95-0 09 as amended to be effective October 2, 1968 Schedule of Minimum Wage Rates. The Contractor shall comply with the current prevailing wage laws and regulations. The minimum wages to be paid on this project shall be in accordance with classification and wages set forth in Section E. Safety and Health Requirements The Contractor shall comply with all requirements of the Safety and Health Regulations for construction and any other applicable sections of the Williams-Steiger Occupational Safety and Health Act of 1970 as well as other applicable Local, State and Federal Regulations. The City of Pearland is not responsible for advising the Contractor of specific requirement, nor for enforcing any requirements of the Occupational Safety and Health or other related Act. Utility Service for Construction. Water and other temporary utility services for construction purposes will be the Contractor's responsibility and at his expense. Required Permits City will acquire any permits from the concerned drainage agencies. B-4/4 C PRC4pSAL CONSTRUCTION OF PEARLAND PARKWAY 16" WATER TRANSMISSION IMPROVEMENTS B 2002-017 BID PROPOSAL (Submit in Duplicate) li I Dated f .21 ��°3 The Honorable Mayor and Council City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Gentlemen Pursuant to the published Notice to Bidders, the undersigned bidder hereby proposes to do all the work and furnish all necessary superintendence, labor, machinery, equipment, tools and materials, and whatever else may be necessary to complete all the work included under the General Contract for the installation of approximately 6,475 LF of 16" & 12" waterlines, fire hydrants, with all related appurtenances, all complete, tested, and operational in accordance with the plans, and specifications prepared by the Engineer, Freese & Nichols, Inc , Pearland, Texas, under the City of Pearland's inspection for the unit prices set forth on the attached bid sheet which bears our signature for identification. It is understood that, in the event any changes are ordered made in any part of the work, the unit prices bid shall apply as additions to or deductions from the total prices for the parts of the work so changed. '-- The bidder binds himself upon acceptance of his proposal to execute a contract and furnish performance bond and payment bond each in the amount of one hundred percent (100%) of the total contract price, according to the specified forms within fifteen (15) days after notification of award of contract, for performing and completing the said work within the time stated, and furnishing a satisfactory maintenance bond indemnifying the Owner against defective Iworkmanship and material for a period of one (1) year The undersigned bidder agrees to commence work within ten (10) days after the date of a wntten notice to commence work It is understood and agreed that the Contractor shall complete the work within 75 calendar days Time for completion shall begin as stated upon the issuance of the notice to commence work. II ' C - 1/4 1 . BID SHEET PEARLAND PARKWAY 16"WATER TRANSMISSION IMPROVEMENTS FN 01-395 IB 2002-017 SECTION "Pr-WATER TRANSMISSION LINES I ITEM - — ' BID I UNIT -- — BID NO. 1 . _ ITEM DESCRIPTION UNIT _ QUANTITY ___I __PRICE__ _ AMOUNT I1,' Prepare R.O W./Esmt. For Installation Q f%� � OI of Water Main LS 1.00 0 I i - 21, 16"PVC(DR 18 C 900)Water ' II i Main Incl. Excavation, Bedding, & I b 06 II Backfill,in Open Cut(Dispose of Excess 7 / j)r(� _ !I ; Excavation Off-Site) LF 6,100 00 ,. q I I 3. 12"PVC(DR 18,C 900)Water Main Incl.Excavation,Bedding,& _ 1 i Backfill, in Open Cut(Dispose of Excess I 2 J -9i 4 C I'0 I Excavation Off-Site) LF 190 00 U 06 411, 16"Flanged D I.P (Interior Coated) LF 190.00 / 2 + 17, 4 00 II 51 Fire Hydrant w/6"PVC Lead I EA 12.00 / „Too / $, 0 0 0 I; 61 16"Gate Valve wl Box EA 3.00 3, SO 0 500 D I` 7 12"Gate Valve w/Box i EA 2.00 �� D it I _1,0 B2 / 300 . 0 - 8I, 6"Gate Valve w/Box EA 14,00 / (�; I °s OD Ii 9 16"x 12"Cross(MJ) I EA 1.00 )r � �,j 0 C L II 101 16"x 6"Cross(MJ) EA 1.00 5✓D 5J 0 3 _ v �b 11 116"x 6"Tee(AB) i EA 12.00 S '- � 2-0 0 V n I� , Q'V o � Z 0 ub I! 12I 16" 45 Bend(Flanged) EA I 4.00 -_ p IIIDo II 131 12"-45 Bend(Flanged) I EA li 4 00 1—0 I,. 0 I I•1 14I. "Uni-Flange","PV-Lock"or Approved i 0 0 0 /, $ ® O t9 , II Equal Restraints EA 6.00 !I 151 12"Plug&Clamp EA I 2.00 1 d 0 2 0 00 16 16"-D.I P to PVC Adapter I EA Z50 9-4.00 // 0 O D 8 17I1 Cut Existing 6"Water Line&Connect I 0 a 06 �� II . OD to Prop 16"Water Main � EAI 2.00 L--- . -__ __.__. --_- ::___••--•i—:-__=-.I ---I------- -- ilC-2/4 I 1 f -.1 yt' 00 r 0 i 18 Remove Exist. Plug&Connect to Exist. 16 Water Main EA 2.00 ��v goo // 5 0 o nc 19 1"Air Release Valve EA 1 00 , // 50 0 / 50 Q 20, Trench Safety LF 6,325.00 / / ,co 21 Site Restoration incl.Clean Up& 000 00 0 0 U 0 Necessary Ditch Regrading , LS 1.00 , 22 16"PVC (DR 18 C 900)Water Main Incl. Excavation,Bedding,& 00 Backfill,in Open Cut(Dispose of Excess c Excavation Off-Site)(Addendum#1) LF 200.00 3J /i 000 i23 Isolate line, Remove Exist. Bends&Conne /� a �A (� Including Adaptors(Addendum#1) EA 2.00 V 24 Trench Safety(Addendum#1) LF 200.00 2 25 Site Restoration incl.Clean Up As c0 Necessary(Addendum#1) LS 1.00 2 0 v ._0 dIL / SUBTOTAL SECTION "A" / 317 / ? 7 5O II SECTION "B"-EXTRA WORK IIITo be done where authorized by Engineer and in quantities to be authorized. Contractor shall provide unit prices ONLY for this Section. - - 1ITEMI ii BID UNIT BID N0. ,i ______ITEM DESCRIPTION___ __] U.NIT _II QUANTITY PRICE AMOUNT 1, Extra Labor(Unskilled) Man Hr -- 2-0 -- i — — oo -- 2.IExtra Labor(Skilled) Man Hr 7 as 111 3 jExtra Excavation (Machine) CY -- ' -- 1 01 41 Extra Ductile Iron Fittings i TN . -- id. 00 0 -- 5i Extra Cement Stabilized Sand,in Place 1 CY ,f SUBTOTAL SECTION "B" $6,000.00 I I C-3/4 I BID SUMMARY C� S0 SECTION "A"-WATER TRANSMISSION LINES $ 31 / 7 ISECTION"B" -EXTRA WORK $ 6,000.00 TOTAL BID $ .J 2 S M BIDDER. HADDOC%< CawiMUCT/dN CO/ j4/ BY ADDRESS P 0. /30 ( /2 ‘3 `f-ieni "wao-riI 7-A1 7251 Y TELEPHONE 2 FP q �j — G gz_ 8 DATED L✓AN ZG .2-4°I ATTEST �� 74-1 .� Secretary of Corporation (Corporate seal if Bidder is Corporation) Receipt and Acknowledgement of the following Addendum to TECHNICAL SPECIFICATIONS and PLANS are hereby made Addendum No OW Dated- JAW 02 ZCaJ Addendum No: Dated STATEMENT OF MATERIALS AND OTHER CHARGES Pursuant to the Texas State Tax Code, contracts must be separated for materials to be exempt from the sales tax The following information is provided to qualify as a separate contract. Materials Incorporated Into the Project: $ ! '8' ' '0 All Other Charges. $ / 3 7, t/ Total $ 32 5,, co C -4/4 II ADDENDUM NO 1 CITY OF PEARLAND PEARLAND PARKWAY 16" WATER LINE B 2002-017 January 2, 2003 The changes, corrections, additions, and clarifications contained herein are to be incorporated in the plans and specifications and shall take precedence over them m so far as they apply At the time of issuance, this addendum becomes part of the plans and specifications, and each contractor/vendor in formulating his bid shall take into account the following items GENERAL. 1 This project will require coordmation with a paving and drainage project currently underway Contractor to plan work to avoid adverse impact to current paving and drainage project. 2. At Westmimster and Barry Rose Crossings where the proposed 16"welded steel water line is to be installed over the multiple box culverts,the water line contractor to coordinate work with current pavmg and drainage contractor It is anticipated that box culvert would be installed by the time of water line crossing however,the contractor should consider potential delays in installing and testing of these sections. There will be no additional cost for remobilization if such delays occur 3 Bid item 22 thru 25 are for a proposed 16"water line realignment in vicinity of future Round-About. Attached sketch shows general location and detail for this work. Existing line to be isolated by closing of valves (within few hundred feet of project), removing of bends, and installation of approximately 200 LF of 16"water line including reconnection adaptors and testing. Any R.O W./Easement preparation necessary for this work shall be subsidiary to bid items 22 through 25 T:PRL01395/Addendum No.! Addendum No 1 - 1/ 1 1 I 1 EX)S7 ,6"Zzy g gfreAUt l4 DTe>L. fiefrer TzomTt MIIIALSH/FREESE & NICHOLS DICXFE7 S •• DMRO411ENTAL SCID411STS • ARCHITECTS wovoinfir2010 EAST IROADNAY ►Ui&.A IO. MICAS 776I1-6602 2E1-465-24O4 FAX 281-465-4322 ETA OCD CITY OF PEARLAND, TEXAS ma SCALE r=1oo0 110. 16'WATER LINE G-Z5NE-E. 4 L. >FT 09) PEARLAND PARKWAY SHEET 1 m SECTION D STANDARD FORM OF AGREEMENT AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE i'mb'Jv d THIS AGREEMENT is dated as of the day of i the year 2003 by and between the City of Pearland, Texas (hereinafter called OWNER) and 11-6 is o(i\L (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 the Contract Documents. The Work is generally described as follows Approximately 6,475 LF of 16" & 12"waterlines, fire hydrants, with all related appurtenances, all complete, tested, and operational. Article 2. ENGINEER. The Project has been designed by Freese and Nichols, Inc. who is hereinafter called ENGINEER and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to the ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. 3 1 The Work will be substantially completed (lines passed pressure and disinfection tests) within 60 calendar days from the date when the Contract Time commences to run as provided in the General Conditions, and completed and ready for final payment in accordance with the General Conditions within 75 calendar days from the date when the Contract Time commences to run. Contract time will commence as stated in the Notice to Proceed, if not otherwise agreed upon. 3.2. OMITTED 3.3 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified above,plus any extensions thereof allowed in accordance with the General Conditions They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, 1 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 FORTY DOLLARS ($240.00) for each day that expires after the time specified for Substantial Completion until the Work is substantially complete. After Substantial Completion if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER TWO HUNDRED FORTY DOLLARS ($240.00) for each day that expires after the time specified above for completion and readiness for final payment. Article 4. CONTRACT PRICE. 4 1 OWNER shall pay CONTRACTOR for completion of the Work m accordance with the Contract Documents in current funds as follows. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment m accordance with the General Conditions. Applications for Payment will be processed by ENGINEER as provided m the General Conditions. 5 1 Progress Payments. OWNER shall make progress payments on account of the Contract Pnce on the basis of CONTRACTOR'S Applications for Payment as recommended by ENGINEER, on or about the 25th day of each month durmg construction as provided below All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in the General Conditions (and in the case of Unit Pnce Work based on the number of units completed)or,in the event there is no schedule of values,as provided in the General Requirements. Pay estimates must be in and approved by the first day of each month. 5 1 1 Pnor to Substantial Completion,progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine,or OWNER may withhold, in accordance with the General Conditions. 90% of Work completed. 90% of materials and equipment not incorporated in the Work (but delivered,suitably stored and accompanied by documents satisfactory to OWNER as provided in the General Conditions). 2 5.2.Final Payment.Upon final completion and acceptance of the Work in accordance with the General Conditions,OWNER shall pay the remainder of the Contract Pnce as recommended by ENGINEER. Article 6. OMITTED Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the followmg representations. 7 1 CONTRACTOR has familianzed itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost,progress,performance or furnishing of the Work. 7.2. CONTRACTOR has studied carefully all reports of explorations and test of subsurface conditions and drawings of physical conditions, and accepts the determination set forth in such reports and drawings upon which CONTRACTOR is entitled to rely 7.3 CONTRACTOR has obtained and carefully studied(or assumes responsibility for obtaining and carefully studying)all known reports,studies and drawings which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Pnce, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigation,explorations,tests,reports,studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7 4 CONTRACTOR has reviewed and checked all information and data shown or mdicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price,within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. 3 7 6 CONTRACTOR has given ENGINEER written notice of all conflicts,errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8 1 This Agreement(pages 1 to 6 , inclusive) 8.2. Exhibits to this Agreement(pages 1 to 4 inclusive). (Contractor's Bid Proposal) 8.3 Performance and other Bonds, and Certificate of Insurance. 8 4 Proof of Insurance. 8.5 Notice of Award. 8 6 Specifications and Drawings bearing the title Pearland Parkway— 16" Water Transmission Improvements B 2002—017, as listed and included therein. 8 7 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto All Written Amendments and other documents amending,modifying,or supplementing the Contract Documents pursuant to the General Conditions. 8 8 The documents listed in paragraphs 8.2 et seq above are attached to this agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended,modified or supplemented as provided in the General Conditions. Article 9. MISCELLANEOUS. 9 1 Terms used in this Agreement which are defined in the General Conditions will have the meanings indicated in the General Conditions. 4 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound, and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Article 10. OTHER PROVISIONS. None. (SEE NEXT PAGE) 5 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in tnphcate. One counterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on b✓dt<1 10 ,2003 OWNER City of Pearland, Texas CONTRACTOR Haddock Construction Co. BY Baa# F r. O "•ATE M ] [CORPORATE SEAL] o \. Attest i4 Attestfr , Addre. or g noti es Address for giving notices 3519 Liberty Drive P 0 Box 1263 Pearland,Texas 77588 Fnendswood,Texas 77549 Telephone 281-652-1600 License No (If OWNER is a public body, attach evidence of authonty Telephone 281-489-2828 to sign and resolution or other documents authorizing Agent for service of process: execution of Agreement.) (If CONTRACTOR is a corporation, attach evidence of authority to sign.) 6 Washington International Insurance Company STATUTORY PERFORMANCE BOND PURSUANT TO CHAPTER 2253 OF THE TEXAS GOVERNMENT CODE (MCGREGOR ACT-PUBLIC WORKS) (Penalty of this Bond must be 100%of Contract Amount) Bond No:S-900-8880 KNOWN ALL BY THESE PRESENTS,that Haddock Construction Company,Inc. (hereinafter call the Principal),as Principal,and WASHINGTON INTERNATIONAL INSURANCE COMPANY(hereinafter called the Surety,As Surety,as held and firmly bound unto City of Pearland,Texas (hereinafter called the Obligee),in the amount of Three Hundred Twenty-Five Thousand Nine Hundred Ninety-Seven and 501100*** DOLLARS ($325,997.50*** ) for the payment whereof the said Principal, and Surety bind themselves and theirs heirs, administrators,executors,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has entered into that certain written contract with the Obligee,dated the day of ,20 ,to Pearland Parkway,16"Water Transmission Improvements,B 2002-017 (the"Contract"),which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH THAT,if the said Principal shall faithfully perform the work in accordance with the plans,specifications and Contract documents,then this obligation shall be void;otherwise to remain if full force and effect, subject to the following additional conditions: A. Whenever Principal shall be, and declared by Obligee to be default under the Contract,the Obligee having performed Obligee's obligations thereunder,the Surety may promptly remedy the default,or may either 1 Complete the Contract in accordance with its terms and conditions;or 2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions,and upon determination by Surety of the lowest responsible bidder,or if the Obligee elects,upon determination by the Obligee and the Surety jointly of the lowest responsible bidder,arrange for a contract between such bidder and Obligee,and make available as work progresses(even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph)sufficient funds to pay the cost of completion less the balance of the Contract price;but not exceeding,including other costs and damages for which the Surety may be liable hereunder the penal sum of this performance bond, subject to the limitations in Paragraph B below. The term"balance of the Contract price,"as used in this paragraph,shall mean the total amount payable by Obligee to Principal under the Contract and any amendments thereto,less the amount properly paid by Obligee to Principal. B. The amount of this performance bond shall be reduced by and to the extent of any payments or payments made in good faith hereunder by Surety C. This performance bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code,and all liabilities on this performance bond shall be determined in accordance with the provisions of said Chapter to the same extent as if it were copied at length herein. D. No right of action shall accrue on this performance bond to or for the use of any person or corporation other than the Obligee named herein or the heirs,executors,administrators or successors of Obligee. IN WITNESS WHEREOF,the said Principal and Surety have executed this instrument this 20th day of February 200 3 Haddo Construction Compa ,I . /2(P c ) By' _ Mark V Haddock,President WASHINGTON INTERNATIONAL INSURANCE COMPANY (Surety) By. Attorpey-in-fact Paula Dodson Washington wrwwgIONALr431.0M a COMFw'n AFFILIATE 1111111 STATUTORY PAYMENT BOND PURSUANT TO CHAPTER 2253 OF THE TEXAS GOVERNMENT CODE (MCGREGOR ACT - PUBLIC BORES) Bond No:S-900-8880 (Penalty of this Bond must he 1OOr of. Contract Amount) KNOWN ALL MEN WI THESE PRESENTS, That Haddock Construction Company,Inc. (hereinafter called the Principal) , as Principal, and Washington International Insurance Company (hereinafter called the Surely) , as Surety, are held and firmly bound unto City of Pearland,Texas (hereinafter called the Obligee) , in the amount of Three Hundred Twenty-Five Thousand Nine Hundred Ninety-Seven and 50/100*** ` Uo ,ARs (g 325,997.50*** ) or the payment whereof the said Principal and Surety bind themselves and their heirs, administrators, axeeutore, cucoecoors and aesigna, jointly and severally, firmly by these presents. WHEREAS. the Principal has entered into a certain written contract with the Obligee, dated the day of , to Pearland Parkway,16"Water Transmission Improvements, B 2002-017 which contract is hereby referred to end made a part hereof as fully and to the sama extent as if copied at length herein. NOW, THEREFORE, THE CONAXTXON Op THIS OBLIGATION IS SUCH THAT, if the said Principal shall pay all claimants supplying labor and material to him or a subcontract in the prosecution of the__work provided for in said contract, then this obligation shall be voids otherwise to remain in cull force and effect. PROVfl) b. KowzvsR, that thi v bond i a executed pursuant to the provisions of c?hapt_er 2253 of the Texas Government Code, and all liabilities on this bond shall be determined in accordance with thy provisions of Aaicl Chapter to the same extent as If it were copied at length herein. t�wITNERS P..EOW', the said Principal and Surety have signed and sealed this instrument GAis 20th day of February , 2003 Haddoc Construction Co pa ,I. . P.t• - pal) ny Mark V Haddock,President WASHINGTON INTERNATIONAL INSURANCE COMPANY (surety) By •ram Paula DodsonAttorney-in-raw:. y I . NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under the laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of Arizona and having its principal office in the City of Itasca, Illinois,each does hereby make,constitute and appoint: MARK SMITH,JOE BLACKSHEAR,JR.,A.A.SHOTWELL, BETTY BUSH,PATSY BEALL and PAULA DODSON jointly or severally its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of: TEN MILLION(10,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24th of March,2000: "RESOLVED,that any two of the President,any Senior Vice President,any Vice President,any Assistant Vice President,the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company,bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney,and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached. GotwTr/N,r/��i� `,,A,IONAI jy'�.. \\\\ / sNpnnnnp B ,\� ,,..«. SEAL Paul D.Amstutz,President&Chief Executive Officer of Washington International Insurance Company& Z Z mo Vice President of North American Specialty Insurance Company p�B CORPORATE•m g.1;4. 1973 ru;or pi rs inn11111��\ By v\\ Steven P Anderson,Sr.Vice President or Washington International Insurance Company& ,e e..s,*,,,,,,,,/ Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 28 day of January 20 02 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of DuPage ss: 28 day of January ,20 02 ,before me,a Notary Public,personally appeared Paul D.Amstutz ,President and CEO of Washington International Insurance Company and Vice President of North American Specialty Insurance Company and Steven P Anderson Sr Vice President of Washington International Insurance Company&Vice President of North American Specialty Insurance Company,personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of,and acknowledged said instrument to be the voluntary act and deed of,their respective companies. P1LjFFICAL SEA Q `OME1O"`"°"''0' Yasmin A.Patel,Notary Public I, James A.Carpenter ,Vice President&Assistant Secretary of Washington International Insurance Company and the Assistant Secretary of North American Speciality Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by the companies,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 20thday of February 20 03 James A.Carpenter,Vice President&Assistant Secretary of Washington International Insurance Company& Assistant Secretary of North American Speciality Insurance Company /17t11f111 NAS SURETY GROUP IMPORTANT NOTICE In order to Obtain Information or Make a Complaint: You may call Washington International Insurance Company and/or North American Specialty Insurance Company at the following toll-free number: 800/338-0753 or You may write to them at the following address: Washington International Insurance Company NAS Surety Group 1200 Arlington Heights Road#400 Itasca,IL 60143 You may also contact the Texas Department of Insurance to obtain information on companies,coverages,rights or complaints at: 800/252-3439 You may write the Texas Department of Insurance at the following address: P 0 Box 149104 Austin,TX 78714.9104 A MEMBER OF THE swiss RE GROUP ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) TM 02/14/2003 PRODUCER (409)934-8000 FAX (409)935-1883, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ' Rust, Ewing, Watt & Haney, Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 7900 Emmett F Lowry Expressway ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Texas City, TX 77591-2457 INSURERS AFFORDING COVERAGE NAIC# I Lisa Mal mberg ACSR INSURED Haddock Construction Co , Inc INSURER A: Amerisure Mutual Insurance Co P 0 Box 1263 INSURER B: I Friendswood, TX 77549-1263 INSURERC: INSURER D: I INSURER E: COVERAGES I THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDIN 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. II TR NSR TYPE OF INSURANCE POLICY NUMBER POLICY (MM/DDT) POLICY(MM/D/l EXPIRATION LIMITS GENERAL LIABILITY CPP2000083 00 02 07/01/2002 07/01/2003 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE 10 REN rED $ PREMISES(Ea occurence) 100,000 CLAIMS MADE 1-7 OCCUR MED EXP(Any one person) $ 5,000 A I I PERSONAL&ADVINJURY $ 1,000,000 ' GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY n PRO- JECT n LOC AUTOMOBILE LIABILITY CA2000092 00 02 07/01/2002 07/01/2003 COMBINEDSINGLELIMIT $ X ANY AUTO (Ea accident) 1,000,000 I _ ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) A X HIRED AUTOS _ BODILY INJURY $ ' X NON-OWNED AUTOS (Per accident) I PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY AGG $ EXCESS/UMBRELLA LIABILITY CU2000080 00 02 07/01/2002 07/01/2003 EACH OCCURRENCE $ 2,000,000 I OCCUR n CLAIMS MADE AGGREGATE $ 2,000,000 A $ DEDUCTIBLE $ X RETENTION $ 10,000 $ tWORKERS COMPENSATION AND WC2000078 00 02 07/01/2002 07/01/2003 X O Si MT- ER EMPLOYERS'LIABILITY / TORY LIMITS ER E.L.EACH ACCIDENT $ A ANY PROPRIETOR/PARTNER/EXECUTIVE 5 0 0,0 0 0 OFFICER/MEMBER EXCLUDED? E.L.DISEASE EA EMPLOYE $ 500,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE POLICY LIMIT $ 500,000 OTHER IM2000083 00 02 07/01/2002 07/01/2003 Leased/Rented $250,000 Max Any ' Inland Marine A One Item $600,000 Aggregate IDESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS 'roject Construction of Pearl and Parkway 16" Water Transmission Improvements B 2002-017 planket Additional Insured applies to the Auto, General Liability & Umbrella and Blanket Waiver of ubrogation applices to the Auto, General Liability, Umbrella & Workers Compensation as required by ritten contract Certificate subject to policy terms, conditions and exclusions CERTIFICATE HOLDER CANCELLATION I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL I 1 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of Pearl and BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 3 519 Liberty Drive OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. Pearl and, TX 77581 AUTHORIZED REPRESENTATIVE George Blystone CIC/SHANNO A C. Ss7! • ACORD 25(2001/08) ©ACORD CORPORATION 1988 IMPORTANT I 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 Iaffirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) SECTION E LABOR CLASSIFICATION AND MINIMUM WAGE SCALE LABOR CLASSIFICATION AND,MINIMUM WAGE SCALE 1 General. Articles 51-59a of the Revised Civil Statutes of Texas,passed by the 43rd Legislature Acts of 1933,page 91, Chapter 45 provides that any government subdivision shall ascertain the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft or type of workman or mechanic and shall specify in the call for bids and in the Contract the prevailing rate per diem wages which shall be paid for each craft type of workman. This Article further provides that the Contractor shall forfeit, as a penalty,to the City, County, or State, or other political subdivision, Ten Dollars ($10 00)per day for each laborer, or workman, or mechanic who is not paid the stipulated wage for the type of work performed by him as set up m the wage scale. The City of Pearland is authorized to withhold from the Contractor the amount of this penalty in any payment that might be claimed by the Contractor or subcontractor The Act makes the Contractor responsible for the acts of the subcontractor in this respect. The Article likewise requires that the Contractor and sub-contractor keep an accurate record of the names and occupations of all persons employed by him and to show the actual per diem wages paid to each worker and these records are open to the inspection of the City of Pearland. 2 Labor Classification and Minimum Wage Scale. General Decision Number TX020082 on labor classifications and wage scales is attached herein. E- 1/1 WAIS Document Retrieval Page 1 GENERAL DECISION TX020082 03/01/2002 TX82 Date March 1, 2002 General Decision Number TX020082 Superseded General Decision No. TX010082 State: TEXAS Construction Type: HEAVY County(ies) - BRAZORIA HARRIS WALLER FORT BEND MATAGORDA WHARTON GALVESTON MONTGOMERY FLOOD CONTROL AND WATER AND SEWER LINES, including: Breakwaters, Channels, Channel Cut-offs, Dikes, Drainage Projects, Flood Control Projects, Irrigation Projects, Jetties, Land Drainage (not incidental to other construction) , Land Leveling (not incidental to other construction) , Land Reclamation, Levees, Pipelines, Ponds, Pumping Stations (prefabricated drop- in not building) , Revetments, Sewage Collection and Disposal Lines, Sewers (Sanitary, Storm, etc ) , Shoreline Maintenance Water Mains and Water Supply Lines (not incidental to building) . Modification Number Publication Date 0 03/01/2002 COUNTY(ies) - BRAZORIA HARRIS WALLER FORT BEND MATAGORDA WHARTON GALVESTON MONTGOMERY SUTX2045A 03/26/1998 Rates Fringes ASPHALT RAKER 8 28 ASPHALT SHOVELER 7 45 BATCHING PLANT WEIGHER 11 11 CARPENTER 10 35 CONCRETE FINISHER-PAVING 9 87 CONCRETE FINISHER-STRUCTURES 9 86 CONCRETE RUBBER 9 00 ELECTRICIAN 16.15 FLAGGER 6 66 FORM BUILDER(STRUCTURES) 9 96 FORM LINER-PAVING & CURB 9.03 FORSETTER (PAVING/CURB) 8 86 FORM SETTER-STRUCTURES 9 05 LABORER-COMMON 7 45 LABORER-UTILITY 8 53 LINEPERSON 7 50 MANHOLE BUILDER (Brick) 8 49 MECHANIC 11 38 OILER 9 56 SERVICER 9 51 http.//frwebgate.access.gpo gov/cgi-bin/getdoc cgi?dbname=Davis-Bacon&docid=TX0200:. 3/11/2002 WAIS Document Retneval Page 2 PAINTER-STRUCTURES 14 00 PILEDRIVER 10 96 PIPE LAYER 8 49 ASPHALT DISTRIBUTOR 9 47 ASPHALT PAVING MACHINE 10.05 BROOM OR SWEEPER OPERATOR 8 01 BULLDOZER 9 91 CONCRETE CURING MACHINE 8.80 CONCRETE FINISHING MACHINE 11.79 CONCRETE JOINT SEALER 10 50 CONCRETE PAVING FLOAT 9.30 CONCRETE PAVING SAW 10 01 CONCRETE PAVING SPREADER 9.32 SLIPFORM MACHINE OPERATOR 9 20 CRANE, CLAMSHELL, BACKHOE, DERRICK, D'LINE, SHOVEL 11 35 CRUSHER/SCREENING PLANT 11.00 FOUNDATION DRILL OPERATOR, CRAWLER MOUNTED 12 59 FOUNDATION DRILL OPERATOR TRUCK MOUNTED 12 73 FRONT END LOADER 9 29 MILLING MACHINE OPERATOR 10 43 MIXER 7 94 MOTOR GRADER (FINE GRADE) 11 11 MOTOR GRADER 10.67 PAVEMENT MARKING MACHINE 7 45 ROLLER, STEEL WHEEL PLANT MIX PAVEMENTS 9 25 ROLLER, STEEL WHEEL OTHER FLATWHEEL OR TAMPING 7.61 ROLLER, PNEUMATIC, SELF PROPELLED 7.96 SCRAPER- 8 69 TRACTOR-CRAWLER TYPE 10 12 TRACTOR-PNEUMATIC 8.99 TRAVELING MIXER 9 35 TRENCHING MACHINE-LIGHT 10 50 TRENCHING MACHINE-HEAVY 13 56 WAGON-DRILL, BORING MACHINE 10 15 REINFORCING STEEL SETTER (PLAVING) 12.50 REINFORCING STEEL SETTER STRUCTURES 12 47 STEEL WORKER-STRUCTURAL 10 35 SIGN ERECTOR 10 06 SPREADER BOX OPERATOR 9 08 WORK ZONE BARRICADE 7.45 SIGN INSTALLER 7 45 TRUCK DRIVER-SINGLE AXLE LIGHT 8 15 TRUCK DRIVER-SINGLE AXLE HEAVY 8 76 TRUCK DRIVER-TANDEM AXLE SEMI TRAILER 8 00 TRUCK DRIVER-LOWBOY/FLOAT 11.29 WELDER 10 43 Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5 5 (a) (1) (v) ) httnj/frweh gate_access.gno_Qov/cgi-bin/getdoc_cm?dbname=Davis-Bacon&docid=TX0200:. 3/11/2002 WAIS Document Retrieval Page 3 In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1 ) Has there been an initial decision in the matter? This can be * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program If the response from this initial contact is not satisfactory, then the process described in 2 ) and 3 ) should be followed With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations Write to Branch of Construction Wage Determinations Wage and Hour Division U S Department of Labor 200 Constitution Avenue, N W Washington, D C 20210 2. ) If the answer to the question in 1 ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1 8 and 29 CFR Part 7) . Write to Wage and Hour Administrator U S Department of Labor 200 Constitution Avenue, N W Washington, D C 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc ) that the requestor considers relevant to the issue 3 ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) Write to Administrative Review Board U S Department of Labor 200 Constitution Avenue, N W httn://frwebgate.access.gpo gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=TX0200;. 3/11/2002 WAIS Document Retrieval Page 4 Washington, D C 20210 4 ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION htt .//fweb ate.access. o ov/c i-bm/ etdoc.c ?dbname=Davis-Bacon&docid=TX0200:. 3/11/2002 P g gP g g g � SECTION F GENERAL AND SPECIAL CONDITIONS TABLE OF CONTENTS FOR GENERAL CONDITIONS OF AGREEMENT 1. DEFINITION OF TERMS 1 01 AGREEMENT GC-1 102 BID GC-1 103 BIDDER. GC-1 1 04 CALENDAR DAY GC-1 1 05 CHANGE ORDER GC-1 106 CITY GC-1 1 07 CITY COUNCIL. GC-1 108 CONTRACT GC-1 1 09 CONTRACT DOCUMENTS GC-1 110 CONTRACTOR GC-2 111 DRAWINGS GC-2 112 ENGINEER. GC-2 1 13 EXTENDED DAY GC-2 1 14 INSPECTOR. GC-2 115 LABORATORY GC-2 1 16 CITY MANAGER GC-2 117 OWNER. GC-2 118 PROJECT GC-2 T-1 Page 1 TABLE OF CONTENTS 1 19 SHOP DRAWINGS GC-2 1.20 PAYMENT BOND GC-2 1.21 PERFORMANCE BOND GC-2 1.22 PROPOSAL GC-2 1.23 PROPOSAL GUARANTY GC-3 1.24 SPECIFICATIONS GC-3 1.25 SUBCONTRACTOR. GC-3 1.26 SUBSTANTIAL COMPLETION GC-3 1.27 SUPERINTENDENT GC-3 1.28 SURETY GC-3 1.29 STANDARD ABBREVIATIONS GC-3 1.30 WORK GC-4 1.31 EXTRA WORK GC-4 1.32 SUPPLEMENTAL AGREEMENT GC-4 2.AWARD AND EXECUTION OF CONTRACT 2.01 CONSIDERATION OF PROPOSALS GC-4 2.02 AWARD OF CONTRACT GC-4 2.03 RETURN OF PROPOSAL GUARANTIES GC-4 2.04 EXECUTION OF CONTRACT, PERFORMANCE AND PAYMENT BONDS GC-4 & 5 2.05 FAILURE TO EXECUTE CONTRACT, PERFORMANCE AND PAYMENT BONDS GC-5 T-2 Page 2 TABLE OF CONTENTS 2.06 BEGINNING OF WORK GC-5 2.07 INSURANCE. GC-5 & 6 3. SCOPE OF WORK 3 01 INTENT OF SPECIFICATIONS AND DRAWINGS GC-6 3 02 CHANGES AND ALTERATIONS GC-6 &7 3 03 FINAL CLEANING UP GC-7 4. CONTROL OF THE WORK 4 01 AUTHORITY OF THE ENGINEER GC-7 4 01 DRAWINGS GC-7 4 03 COORDINATION OF SPECIFICATIONS AND DRAWINGS GC-7 4 04 COOPERATION OF CONTRACTOR GC-7 & 8 4 05 CONSTRUCTION STAKES GC-8 4 06 INSPECTION GC-8 4 07 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK. GC-8 5. CONTROL OF MATERIALS AND QUALITY WORK 5 01 SOURCES OF SUPPLY GC-8 5 02 SAMPLES AND TESTS OF MATERIALS GC-8 &9 5 03 INSPECTION AND TESTING OF EQUIPMENT OR WORK GC-9 5 03 INSPECTION AND TESTING OF EQUIPMENT AND DEFICIENT WORK GC-9 5 05 STORAGE OF MATERIALS GC-9 T-3 Page 3 TABLE OF CONTENTS 5 06 DEFECTIVE MATERIALS GC-9 6. LEGAL RELATIONS AND RESPONSIBILITIES 6.01 LAWS TO BE OBSERVED GC-9 6 02 PERMITS AND LICENSES GC-10 6 03 SANITARY PROVISIONS GC-10 6 04 PATENTED DEVICES AND PROCESSES GC-10 6 05 RESPONSIBILITY FOR DAMAGE CLAIMS GC-10 6 06 CONTRACTOR'S RESPONSIBILITY FOR WORK. GC-10 6 07 WAIVER OF LIEN GC-10 7. PROSECUTION AND PROGRESS 7 01 SUBLETTING OR ASSIGNING OF CONTRACT GC-11 7 02 PROSECUTION OF WORK. GC-11 7 03 WORKMEN AND EQUIPMENT GC-11 7 04 TEMPORARY SUSPENSION OF WORK GC-11 7 05 CONTRACT TIME GC-11 & 12 7 06 LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME GC-12 7 07 ABANDONMENT OF WORK OR DEFAULT OF CONTRACT GC-12 & 13 8. MEASUREMENT AND PAYMENT 8 01 MEASUREMENT OF QUANTITIES GC-13 T-4 Page 4 TABLE OF CONTENTS 8 02 SCOPE OF PAYMENT GC-13 8 03 ADJUSTMENT FOR CHANGES IN WORK GC-13 & 14 & 15 8 04 PARTIAL PAYMENTS GC-15 8 05 PAYMENT WITHHELD GC-15 & 16 8 06 ACCEPTANCE AND FINAL PAYMENT GC-16 9. GUARANTEE 9 01 GUARANTEE GC-16 T-5 Page 5 GENERAL CONDITIONS OF AGREEMENT 1.00 DEFINITION OF TERMS Wherever in these General Conditions of Agreement or in other Contract Documents, the following terms or pronouns m place of them are used, the intent and meaning shall be interpreted as follows: 1.01 AGREEMENT The written agreement between the OWNER and the CONTRACTOR covering the Work to be performed, including the CONTRACTOR'S Bid and the Bonds. 1.02 BID See Proposal. 1.03 BIDDER. An individual,firm, or corporation of any combmation thereof submitting a proposal. 1.04 CALENDAR DAY Any day of the week or month,no days being excepted. 1.05 CHANGE ORDER. A written order to the CONTRACTOR signed by the OWNER authorizing an addition, deletion,or revision m the Work,or an adjustment in the Contract Price or the Contract Time issued after execution of the Agreement. 1.06 CITY The incorporated City of Pearland, Brazoria County, Texas. 1.07 CITY COUNCIL. The elected officials of the City The Mayor and five (5) Councilmen, who have the legal authority sitting as a Council to accept or reject any or all proposals submitted for the work. 1.08 CONTRACT See Agreement. 1.09 CONTRACT DOCUMENTS The Contract Documents shall consist of the Notice to Bidders,Instruction to Bidders,Proposal,signed Agreement,Performance and Payment Bonds,Special Bonds,(when required),proof of insurance,General Conditions of the Agreement,Special Conditions, Technical Specifications, plans, and all modifications thereof incorporated in any of the documents before the execution of the agreement. The Contract documents are complementary, and what is called for by any one shall be as binding as if called for by all. In case of conflict between any of the Contract Documents,priority of interpretation shall be in the following order Signed Agreement, Performance and Payment Bonds, Special Bonds(if any),Proposal,Special Conditions of Agreement(if any),Notice to Bidders,Technical Specifications, Plans, and General Conditions of Agreement. GC-1 Page 6 1.10 CONTRACTOR. The individual, firm or corporation or any combination thereof, whose proposal is accepted and with whom the agreement is made by the OWNER. 1.11 DRAWINGS The drawings and plans which show the character and scope of the work to be performed and which have been prepared or approved by the ENGINEER and are referred to in the Contract Documents. 1.12 ENGINEER. The City Engineer of the City of Pearland, Texas, or his authorized representatives. 1.13 EXTENDED DAY An extended day is defined as a calendar day,in which conditions described in Paragraph 7 05 will not permit the performance of the principal unit of work underway for a continuous period of not less than Six(6)hours between 8.00 a.m. and 5.00 p.m. 1.14 INSPECTOR. The authorized representative of the Engineer assigned to inspect any and all parts of the work and the materials to be used therein. 1.15 LABORATORY Any testing laboratory that may be designated or approved by the ENGINEER. 1.16 CITY MANAGER. The appointed official who presides over the City business of the City of Pearland,Texas and who is empowered to execute the Agreement for the City provided that the Council shall have accepted the Proposal by a majority vote. 1.17 OWNER. City of Pearland, Texas. 1.18 PROJECT The entire work to be performed as provided for in the Contract Documents. 1.19 SHOP DRAWINGS All drawings, diagrams, illustrations,brochures, schedules, and other data which are prepared by the CONTRACTOR, a Subcontractor, manufacturer, supplier, or distributor and which illustrates the equipment,material, or some portion of the work. 1.20 PAYMENT/MAINTENANCE BOND The security furnished by the Contractor and the Surety in the full amount of the Contract for the protection of all claimants supplying labor and material in the prosecution of the work. 1.21 PERFORMANCE BOND The security furnished by the Contractor and the Surety in the full amount of the Contract as a guaranty that the Contractor will faithfully perform the Contract and save harmless the Owner from all cost and damage which the Owner may suffer by reason of the Contractor's default or failure to do so 1.22 PROPOSAL. The offer of the Bidder,made out on the prescribed form,giving prices for performing the work described in the Specifications and drawings. GC-2 Page 7 1.23 PROPOSAL GUARANTY The security designated in the Proposal and furnished by the Bidder as a Guaranty that the Bidder will enter into a Contract and make the required bonds if his proposal is accepted. 1.24 SPECIFICATIONS The directions,provisions and requirements for the work,attached to and forming a part of the Specifications. 1.25 SUBCONTRACTOR. The individual, firm, or corporation, having a direct contract with the Contractor,approved by the OWNER,for the performance of a part of the work at the site of the work. 1.26 SUBSTANTIAL COMPLETION By the term"substantial completion"is meant that the facility is in condition to serve its intended purpose but still may require minor miscellaneous work and adjustment. 1.27 SUPERINTENDENT The authorized representative of the Contractor at the site of the work. 1.28 SURETY The corporate body which is bound with the Contractor for the faithful performance of this work covered by the Contract and payment of due and unpaid claims arising thereunder 1.29 STANDARD ABBREVIATIONS A. ASTM. American Society for Testing Materials. B AASHO American Association of State Highway Officials. C. ASA. Amencan Standards Association. D API. American Petroleum Institute. E. AWS American Welding Society F NEMA. National Electrical Manufacturers Association. G EEI. Edison Electric Institute. H. IES Illuminating Engineering Society I. UL Underwriters Laboratory, Inc. J AAI. American Association of Nurserymen. 'K. AWG. American Wire Gage. L. BPR. The United States Bureau of Public Roads. M. IMSA. International Municipal Signal Association. N ITE. Institute of Traffic Engineers. 0 NBFU National Board of Fire Underwriters. P NEC National Electrical Code (Published by NBFU) Q AWWA. American Water Works Association. GC-3 Page 8 1.30 WORK. The Contractor shall provide and pay for all materials,supplies,machinery, equipment, tools, superintendence, labor, services, insurance, and all water, light,power, fuel, transportation and other facilities necessary for the execution and completion of the work covered by the Contract Documents. Unless otherwise specified, all material shall be new and both workmanship and materials shall be of a good quality The Contractor shall,if required,furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognized standards. 1.31 EXTRA WORK. The term"Extra Work" as used in this contract shall be understood to mean and include all work that maybe required by the Engineer or Owner to be done by the Contractor to accomplish any change, alteration or addition to the work shown upon the plans, or reasonably implied by the specifications, and not covered by the Contractor's Proposal, except as provided under "Changes and Alterations", herein. 1.32 SUPPLEMENTAL AGREEMENT Written agreement entered into between the Contractor and the City and approved by the Surety,covering alterations and changes m plans which are necessary to the proper completion of the work. 2.00 AWARD AND EXECUTION OF CONTRACT 2.01 CONSIDERATION OF PROPOSALS The proposals will be opened and read in public and referred to the City Council for action. Until the award of the Contract is made,the right will be reserved to reject any or all proposals and to waive such technicalities as may be considered for the best interest of the City 2.02 AWARD OF CONTRACT The award of the contract,if it be awarded,will be made within ten(10) days after the opening of bids unless otherwise stated in the proposal. 2.03 RETURN OF PROPOSAL GUARANTIES Proposal guaranties of the three lowest bidders maybe retained until after the contract and bonds have been executed. Proposal guaranties of all except the three lowest bidders will be returned within ten(10)days after the public opening and reading of the proposals. 2.04 EXECUTION OF CONTRACT PERFORMANCE AND PAYMENT/MAINTENANCE BONDS Within fifteen(15)days after written notification of award of contract, the successful bidder shall execute and file with the City a Contract and Performance and Payment/Maintenance bonds each in the full amount of the Contract price,the bonds to be executed by a Surety Company authorized to do business in the State of Texas, as a guarantee of the faithful performance of the Contract and the payment of all obligations which may be incurred for material and labor used in the performance of the work. The Contract will be executed on behalf of the City by the City Manager GC-4 Page 9 a. If any Surety upon any bond furnished in connection with the contract becomes insolvent,or otherwise not authorized to do business in this State,the Contractor shall promptly furnish equivalent security to protect the interests of the City and of persons supplying labor or materials necessary to prosecution of the work contemplated by the Contract. b The bonds shall be written to remain in force until expiration of the guarantee period which is one(1)year after acceptance of the completed work by the City The Contractor shall pay the premiums on the required bonds and shall include this cost in his proposal and Contract amounts. 2.05 FAILURE TO EXECUTE CONTRACT AND FILE PERFORMANCE AND PAYMENT BONDS Should the successful bidder fail to execute and file the Contract and required bonds within fifteen (15) days after written notification of the award of the Contract, the Proposal Guaranty filed with the Proposal shall become the property of the City,not as a penalty,but as liquidated damages. 2.06 BEGINNING OF WORK. The Contractor shall begin work within ten(10)days after receipt of written authorization by the Engineer to do so 2.07 INSURANCE. The Contractor shall not commence work under this Contract until he has obtained insurance of the type and for the amounts as follows and has filed and had the same approved by the City Approval of the insurance by the City shall not relieve or decrease the liability of the Contractor (1) Unless otherwise provided for in the Specifications,the Contractor shall provide and maintain, until the work covered in this contract is completed and accepted by the Owner, the minimum insurance coverage, as follows. TYPE OF COVERAGE LIMITS OF LIABILITY A. Workmen's Compensation Statutory B Employer's Liability $500,000 C. Comprehensive General Liability 1 Bodily Injury $1,000,000 $1,000,000 Each person Each Occurrence 2. Property Damage $1,000,000 $1,000,000 Each Occurrence Aggregate D Comprehensive Automobile Liability 1 Bodily Injury $500,000 $500,000 Each person Each Occurrence 2. Property Damage $500,000 Each Occurrence E. Owner's Protective Liability Insurance Policy. GC-5 Page 10 The Contractor shall obtain at his expense an Owner's Protective Liability Insurance Policy naming the City of Pearland,Texas and its employees as insured with the following limits 1 Bodily Injury $300,000 $500,000 Each person Each Occurrence 2. Property Damage $100,000 $300,000 Each Occurrence Aggregate The immumty of the Owner shall not be a defense from the insurance carrier F Builder's Risk Insurance: The contractor shall obtain at his expense Builder's Risk Insurance against the perils of fire, lightning, windstorm, hurricane,hail, explosion, riot, civil commotion, smoke, aircraft, land vehicles,vandalism and malicious mischief,in the amount of insurance equal at all times to the insurable value of the materials delivered and labor performed. The policy shall be issued jointly in the names of the Contractor,his Sub-Contractors and the Owner, as their interests may appear The policy shall have endorsements as follows. 1 This insurance shall be specific as to coverage and not considered as contributing insurance with any permanent insurance maintained on the present premises. 2. Loss, if any, shall be adjustable with and payable to the Owner as Trustee for Whom It May Concern. (2) The certificates or evidences of insurance shall set forth that the insurance carrier will not cancel or materially alter the insurance until after ten(10) days written notice has been received by the Owner 3.00 SCOPE OF WORK. 3.01 INTENT OF THE SPECIFICATIONS AND DRAWINGS It is the mtent of the Specifications and Drawings to describe the complete work to be performed under the Contract. Unless otherwise provided,it is also the intent that the Contractor shall furnish all materials, supplies,tools,equipment and labor necessary for the timely prosecution and completion of the Work. It is also understood that unless otherwise specified,all materials and equipment incorporated in the Work shall be new 3.02 CHANGES AND ALTERATIONS The Owner shall have the right to make such changes and alterations in the plans or in the quantities of the work as may be considered necessary or I- desirable, and such changes and alterations should not be considered as a waiver of any condition of the Contract,nor shall they invalidate any of the provisions thereof. The Contractor shall perform the work as increased or decreased and a proper adjustment in price shall be made as provided in paragraph 8 03 When such changes and alterations increase or decrease the quantity of the unit price items of the work GC-6 Page 11 by more than twenty percent(20%),then either party to the Contract,upon demand,shall be entitled to a revised consideration upon that portion of the work. Changes or alterations shall be made only on written authorization of the Engineer 3.03 FINAL CLEAN UP Upon completion of the work and before acceptance and final payment is made, the Contractor shall remove all rubbish and temporary structures, restore in an acceptable manner all property both public and pnvate,which has been damaged during the prosecution of the work and leave the site of the work in a neat and presentable condition throughout. 4.00 CONTROL OF THE WORK 4.01 AUTHORITY OF THE ENGINEER. The work will be done under the inspection of the Engineer to his satisfaction, and in accordance with the proposal, contract, specifications and drawings. He will decide all questions which may arise as to the quality of acceptability of materials furnished and work performed, the manner of performance and rate of progress of the work, the interpretations of the specifications and drawings, and the acceptable fulfillment of the Contract on the part of the Contractor Where the phrase"as directed by the Engineer", "ordered by the Engineer",or"to the satisfaction of the Engineer" occurs,it is to be understood that the directions,orders,or instructions to which they relate are within the limitations of the Contract documents. 4.02 DRAWINGS Drawings will show the lines,grades, cross-sections details and general features. The Contractor shall submit to the Engineer,with such promptness as to cause no delay in his own work or in that of and other Contractor,five copies,unless otherwise,specified, of all shop and/or setting drawings and schedules required for the work, and the Engineer shall pass upon them with reasonable promptness, making necessary corrections. The Contractor shall make any corrections required by the Engineer, file with him two corrected copies and furnish such other copies as may be needed. The Engineer's approval of such drawings or schedules shall not relieve the Contractor from responsibility for deviations from drawings or specifications, unless he has in writing called the Engineer's attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. 4.03 COORDINATION OF SPECIFICATIONS AND DRAWINGS The Specifications and the accompanying drawings,are essential parts of the Contract,and a requirement occumng in one is as binding as though occurring in all. They are intended to be cooperative and to provide for a complete work. In cases of disagreement, figured dimensions shall govern over scaled dimensions, detailed drawings shall govern over general drawings, specifications shall govern over drawings, and special provisions shall govern over specifications, drawings, and general provisions. 4.04 COOPERATION OF CONTRACTOR. The Contractor will be supplied with as many copies of the specifications and drawings as he may require and he shall have available on the job site at all times one copy of each. He shall give the work his constant attention to facilitate the progress thereof and shall cooperate with the Engineer He shall have at all times a satisfactory and competent GC-7 Page 12 Superintendent on the Job site,authorized to receive instructions and to act for him. The Contractor shall designate to the Engineer the name of such Superintendent. 4.05 CONSTRUCTION STAKES The Engineer will furnish vertical and horizontal baseline control for the work, and will furnish the Contractor with all necessary information relating to them. These marks will be set sufficiently in advance of the work to avoid delay The Contractor will use all reasonable care to protect and preserve any stakes and bench marks, and is responsible for all offsets, locating elevations and dimensions to position his works. 4.06 INSPECTION The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the work as Performed is in accordance with the requirements and intent of the specifications,drawings and Contract. If the Engineer so requests,the Contractor shall at any time before acceptance of the work remove or uncover such portions of the finished work as maybe directed. After examination,the Contractor shall restore said portion of the work to the standard required by the Specifications. Should the work thus exposed or examined prove acceptable, the Contractor shall be paid as provided in Paragraph 1.31 for the uncovering,removing,and restoration of the work;but should the work so exposed or examined prove unacceptable,the uncovering or removing and the restoration of the parts removed shall be at the Contractor's expense. No work shall be done without suitable inspection. 4.07 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK All work which has been rejected shall be remedied or removed and replaced in an acceptable manner by the Contractor at his own expense. Work done beyond the lines and grades given or as shown on the plans, except as herein Provided,or any work done without authority will be considered as unauthorized and done at the expense of the Contractor and will not be paid for Work so done may be ordered removed at the Contractor's expense. 5.00 CONTROL OF MATERIALS AND QUALITY OF WORK 5.01 SOURCES OF SUPPLY The sources of supply of materials shall be approved by the Engineer Representative samples of the materials proposed for use in the work will be submitted,when requested in writing by the Engineer, for examination and testing in accordance with the methods referred to under Paragraph 5 02. Only materials conforming to the requirements of these specifications and approved by the Engineer shall be used in the work. If the sources of supply which have been approved do not furnish a uniform product,or if the product from any source proves unacceptable at any time, the Contractor shall furnish acceptable materials from some other approved source. 5.02 SAMPLES AND TESTS OR MATERIALS Sampling and Testing of all materials proposed to be used will be made by the Engineer in accordance with methods prescribed by the A.S T.M. or as prescribed in the Specifications. The selection of the method of test shall be as designated by the Engineer The Contractor shall provide such facilities as may be required for the verification of scales, measures, and other devices used for Specified sampling and testing. GC-8 Page 13 All testing of materials for which the Owner or the Specifications and/or Drawings require tests to determine compliance with the requirements shall be accomplished at the Owner's expense. The Owner may at any time request test specimens of various materials. The test specimens shall be furnished by the Contractor and tests will be made by the Owner at the expense of the Owner When directed by the Owner, material compliances with the specifications shall be made by one of the following: A. Manufacturer's certificate of compliance. B Mill certificate. C. Testing laboratory certifications. D Report of actual laboratory test from the Owner's laboratory or from a laboratory satisfactory to the Owner Samples tested shall be selected by or in the presence of the Owner and the method of testing shall comply with the professional societies' standard specifications. 5.03 INSPECTION AND TESTING OF EQUIPMENT OR COMPLETED PORTIONS OF WORK. If inspection and testing of equipment and completed portions of the work for approval is required by the Contract Documents, the Contractor shall give the Engineer notice of readiness and a time and date shall be arranged for the Engineer to observe such inspection and testing. The Contractor shall bear all costs of such inspection and testing. 5.04 INSPECTION AND TESTING OF EQUIPMENT AND WORK SUSPECTED OF BEING DEFICIENT If after commencement of the work,the Engineer determines that any equipment or portion of the work completed requires inspection or testing because of suspected deficiency m workmanship or general conformity to the Plans and Specifications,he will inform the Contractor and order such special inspection or testing. If such special inspection or testing reveals a failure of the work to comply with the requirements of the Specifications or Plans,the Contractor shall bear all costs thereof made necessary by such failure, otherwise the Owner shall bear such costs. 5.05 STORAGE OF MATERIALS. Materials shall be stored so as to insure the preservation of their quality and fitness for the work. 5.06 DEFECTIVE MATERIALS All materials not conforming to the requirements of these specifications will be rejected and shall be removed immediately from the site of the work. Rejected materials,the defects of which have been subsequently corrected,shall have the status of new material. 6.00 LEGAL RELATIONS AND RESPONSIBILITIES. 6.01 LAWS TO BE OBSERVED The Contractor shall make himself familiar with and at all times shall observe and comply with all Federal,State and Local Laws,ordinances and regulations which in any manner affect the conduct of the work,and shall indemnify and save harmless the Owner and its Representatives against any claim arising from the violation of any such law, ordinance or regulation, whether by himself or by his employees. GC-9 Page 14 6.02 PERMITS AND LICENSES No building permits will be required for work on the Owner's property The Contractor shall procure any other permits or licenses,pay any other charges and fees, arrange for and furnish all notices necessary to the closing of any street or sidewalk, and give all notices necessary and incident to the due and lawful prosecution of the work. 6.03 SANITARY PROVISIONS The Contractor shall, at his entire expense,provide and maintain in a neat, sanitary condition such sanitary facilities for the use of his employees as may be necessary to comply,with the requirements and regulations of the State Department of Health or of other authorities having jurisdiction. The location and design of such facilities shall be approved by the Engineer 6.04 PATENTED DEVICES AND PROCESSES. If the Contractor is required or desires to use any devices or processes covered by letters patent, or copyrighted,he shall provide for such use by suitable legal agreement with the patentee or Owner The Contractor shall indemnity and save harmless the Owner from any and all claims for infringement by reason of the use of any patented device or process, or any trademark or copyright used in connection with the work agreed to be performed under the contract. 6.05 RESPONSIBILITY FOR DAMAGE CLAIMS The Contractor shall save harmless the Owner and its employees from all suits, actions or claims brought on account of any injuries or damages sustained by any person or property in consequence of any neglect in safeguarding the work by the Contractor;or on account of any claims or amounts recovered for any infringement or patent,trade- mark, or copyright, except as herein elsewhere specifically provided, or from any claims or amounts arising or recovered under the "Workmen's Compensation Law" or any other laws. He shall be responsible for all damage or injury to property of any character occurring during the prosecution of the work resulting from any act,omission,neglect,or misconduct on his part or on the part of any of his employees,in the manner or method of executing the work;or from his failure to execute the work properly; or from defective work or materials. He shall not be released from such responsibility until all claims have been settled and suitable evidence to that effect furnished to the Owner 6.06 CONTRACTOR'S RESPONSIBILITY FOR WORK. Until the acceptance of the work by the Engineer as evidenced m writing, it shall be under the charge and care of the Contractor The Contractor shall rebuild and make good at his own expense all injuries and damages to the work occurring before its completion and acceptance. In case of suspension of work for any cause, the Contractor shall be held responsible for the preservation of all materials. 6.07 WAIVER OF LIEN It is distinctly understood that by virtue of this Contract, no mechanic, contractor, subcontractor, supplier, material man, artisan, or laborer, whether skilled or unskilled, shall ever in any manner have claim, or acquire any lien upon the improvements of whatever nature or kind so erected or to be erected by virtue of this Contract nor upon any of the land upon which improvements are so erected, built or situated. GC-10 Page 15 7.00 PROSECUTION AND PROGRESS 7.01 SUBLETTING OR ASSIGNING OF CONTRACT The Contractor will not be permitted to assign, sell, transfer, or otherwise dispose of the Contract or any portion thereof, or his rights,title or interest therein,without the approval of the Owner The Contractor will not be permitted to sublet any portion of the Contract without the approval of the Engineer and Owner In any case, no subcontract will relieve the Contractor of his responsibility under the Contract. 7.02 PROSECUTION OF WORK. Prior to beginning construction operations the Contractor shall submit to the Engineer a schedule or bnef outlining the manner of prosecution of the work that he intends to follow in order to complete the Contract within the allotted time. The Contractor shall also furnish the Engineer a breakdown of Contract work items and costs for use in making the monthly progress estimates. The Contractor shall begin the work as required in paragraph 2.06 and shall continuously prosecute same with such diligence as will enable him to complete the work within the time limit set. He shall notify the Engineer at least twenty-four hours before beginning work at any point. He shall not open up work to the detriment of work already begun.The beginning,sequence and prosecution of the work shall be subject to acceptance by the Engineer,and the Contractor shall conduct his operations so as to impose a minimum of interference to the necessary activities by the Owner II 7.03 WORKMEN AND EQUIPMENT All workmen employed by the Contractor shall have such skill and experience as will enable them to perform properly the duties assigned to them. Any person employed by the Contractor who,in the opinion of the Engineer,does not perform his work in a proper and skillful manner,or who is disrespectful,intemperate,disorderly,or otherwise objectionable, shall at the written request of the Engineer be removed from the Project and shall not be employed again on any portion of the work without the written consent of the Engineer The Contractor shall furnish such suitable machinery, equipment, and construction forces as maybe necessary,in the opinion of the Engineer, for the proper prosecution of the work. 7.04 TEMPORARY SUSPENSION OF WORK. The Engineer will have authority to suspend the work wholly or in part, for such period as he may consider necessary and each day of such suspension shall be considered an extended day Notice of such suspension with the reasons therefore will be given the Contractor in writing. The Contractor shall not suspend work without the written authority of the Engineer If the suspension is for the convenience of the Owner and causes the Contractor extra expense, the Contractor will be reimbursed for his actual additional expense without profit. 7.05 CONTRACT TIME The Contractor shall complete the work within the number of consecutive calendar days stated in the proposal plus any extended days. Contract time will begin upon the written authorization by the Engineer to begin work. Extended days, as defined in paragraph 1 13 will be allowed the Contractor when the Owner determines that completion of the principal umts of work was delayed as a result of: GC-10 Page 16 Unforeseeable causes beyond the control and without fault or negligence of the Contractor, Subcontractors or suppliers, including but not restricted to, acts of God, the public enemy, fires,floods,epidemics,quarantine restrictions,strikes,freight embargoes and severe weather 7.06 LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME The time of completion is the essence of this contract. For each calendar day that any work shall remain uncompleted after the time specified in the proposal and the contract, or the increased time granted by the Owner,or as equitably increased by additional work or materials ordered after the contract is signed, the sum per day given in the following schedule, unless otherwise specified in the special provisions, shall be deducted from the monies due the Contractor AMOUNT OF CONTRACT AMOUNT OF LIQUIDATED DAMAGES Less than $ 5,000 00 $ 60 00 per day $5,000 00 to 14,999.99 80 00 per day 15,000 00 to 24,999.99 100 00 per day 25,000 00 to 49,999.99 120 00 per day 50,000 00 to 99,999.99 160 00 per day 100,000 00 to 1,000,000 00 240 00 per day More than 1,000,000 00 500 00 per day The sum of money thus deducted for such delay, failure or noncompletion is not to be considered as a penalty,but shall be deemed,taken and treated as reasonable liquidated damages,per calendar day that the Contractor shall be in default after the time stipulated in the contract for completing the work. The said amounts are fixed and agreed upon by and between Owner and Contractor because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner in such event would sustain,and said amounts are agreed to be the amounts of damages which the Owner would sustain and which shall be retained from the monies due,or that may become due,the Contractor under this contract;and if said monies be insufficient to cover the amount owing,then the CONTRACTOR or his surety shall pay any additional amounts due. 7.07 ABANDONMENT OF WORK OR DEFAULT OF CONTRACT If the Contractor fails to begin or complete the work within the time specified,or fails to perform the work with sufficient workmen and equipment; or shall perform the work unsuitably; or shall neglect or refuse to remove materials or perform anew such work as may have been rejected as being defective or unsuitable;or shall discontinue the prosecution of the work without authority; or shall become insolvent or be declared bankrupt; or shall commit any act of insolvency or bankruptcy; or shall make an unauthorized assignment for the benefit of any creditor;or for any other cause whatsoever shall not carry on the work in an acceptable manner,the Engineer may give written notice to the Contractor and his Surety of such delay,neglect, or default, specifying same. If the Contractor within a period of ten(10)days after such notice shall not proceed to correct and remedy the conditions specified then the Owner shall give written notice of default to the Surety Company issuing the performance bond under paragraph 2.04 herein and GC-12 Page 17 said Surety Company shall then assume full responsibility for completion of the contract in an acceptable manner and in fulfillment of the Contract. 8.00 MEASUREMENT AND PAYMENT 8.01 MEASUREMENT OF QUANTITIES All work completed under the contract will be measured by the Engineer 8.02 SCOPE OF PAYMENT The Contractor shall accept the compensation,as provided in the Contract,in full payment for furnishing all materials,supplies,labor,tools,and equipment necessary to complete the work under the contract;for any loss or damage which may arise from the nature of the work, from the action of the elements, or from any unforeseen difficulties which may be encountered during the prosecution of the work,until the final acceptance by the Owner,except where such damage is clearly shown to be due to inadequate design and not to improper prosecution of the work;for all risks of every description connected with the prosecution of the work; for all expenses incurred in con- sequence of the suspension or discontinuance of the work as herein specified, for any infringement of patent, trademark, or copyright; and for completing the work according to the specifications and drawings. The payment of any current or partial estimate shall in no way affect the obligation of the Contractor to repair or renew at his own cost, any defective parts of the construction, or to replace any defective materials used in the construction and to be responsible for all damages due to such defects if such defects or damages are discovered on or before the final inspection and acceptance of the work. 8.03 ADJUSTMENT FOR CHANGES IN WORK. No change in the work shall be made without having prior written approval of the Owner Charges or credits for the work covered by the approved change shall be determined by one or a combination of the following methods: 1 Unit prices previously approved. (1) Increases and Decreases in Quantity of Work. The Engineer will have the right to increase or decrease the quantities of the work,as maybe considered necessary or desirable. Such increases or decreases shall not be considered as a waiver of any condition of the contract,nor shall they invalidate any of the provisions thereof. The Contractor shall perform the work as increased or decreased. Payment to the Contractor for contract items will be made for the actual quantities of work done or material furnished at the unit prices set forth in the contract, except as provided for changes in the character of the work and except as provided for overruns and underruns of major items. A major item is defined as any individual bid item included in the proposal that has a total cost equal to or greater than 5 percent of the original contract or $100,000 00, whichever is less. GC-13 Page 18 When the quantity of work to be done or the quantity of material to be furnished under any major item of the contract is more than 125 percent of the quantity stated in the proposal,then either party to the contract,upon demand,shall be entitled to revised consideration on that portion of work above 125 percent of the quantity stated in the proposal. When the final quantity of work done under any major item of the contract is less than 80 percent of the quantity stated in the proposal, the adjusted unit price to apply to the final quantity of work performed under the item will be determined by multiplying the unit bid price by the factor obtained from Table I. In no instance shall the product of the adjusted price and the final quantity of work exceed the product of the original contract unit price and 80 percent of the original contract quantity, and in no instance will the unit price be adjusted to more than 125 percent of the original contract unit price. TABLE I %DECREASE FACTOR %DECREASE FACTOR 20-24 1 01 60 1 13 25-28 102 61 114 29-32 103 62 115 33-35 104 63 116 36-38 105 64 117 39-41 106 65 118 42-44 107 66 119 45-47 108 67 1.20 48-50 109 68 1.21 51-53 1 10 69 1.22 54-56 1 11 70 1.23 57-59 112 71 1.24 72 and over 1.25 2. Force Account - If the change is ordered to be performed on a Force Account basis, payment will be made as follows (1) The actual cost of: a. Labor, including foremen. b Materials entering permanently into the work. c. The ownership or rental cost of equipment during the time of use on the extra work. GC-14 Page 19 d. Power and consumable supplies for the operation of power equipment. e. Insurance and Social Security and old age and unemployment contributions. (2) To the cost under (1) above there will be added a sum equal to, fifteen percent (15%) of the actual cost of the work. The fee shall be Compensation to cover the cost of supervision,overhead, the use of small tool, bond, profit and any other general expenses. (3) In the event the change is done by subcontract,the fifteen percent(15%)established in paragraph (2)shall be divided between the Contractor and Subcontractor or Subcontractors with five percent(5%)being apportioned to the Contractor and ten percent(10%) being apportioned to the Subcontractor unless some other division of the fifteen percent (15%) is stipulated in the Subcontract Agreement. 3 Supplemental Agreement. If a supplemental agreement is entered into it shall in general be based on agreed estimated cost for the items listed in paragraph(1) and(2) above. 4 An agreed Price. This method will be used only at the option of the Owner 8.04 PARTIAL PAYMENT The Engineer once each month will make an approximate estimate in writing of the materials in place and the amount of work performed and the value thereof. From the total amount so ascertained will be deducted ten percent (10%) to be retained until after the completion and acceptance of the entire work. In addition to be above upon presentation of copies of invoices, an estimate shall be made for payment of ninty percent (90%) of the value of acceptable, nonperishable materials which are to be incorporated in the work and which have been delivered at the site of the work and have not yet been incorporated in the work. 8.05 PAYMENT WITHHELD In addition to express provisions elsewhere contained in the contract, the Owner may withhold from any payment otherwise due the Contractor such amount as determined necessary to protect the Owner's interest, or, if it so elects,may withhold or retain all or a portion of any progress payment or refund payment on account of: (a) unsatisfactory progress of the work not caused by conditions beyond the Contractor's control, (b) defective work not corrected, (c) Contractor's failure to carry out instructions or orders of the Owner or his representative; (d) a reasonable doubt that the contract can be completed for the balance then unpaid, (e) work or execution thereof not in accordance with the contract documents, GC-15 Page 20 (f) claim filed by or against the Contractor or reasonable evidence indicating probable filing of claims, (g) failure of the Contractor to make payments to subcontractor or for material or labor; (h) damage to another contractor; (i) unsafe working conditions allowed to persist by the Contractor;failure of the Contractor to provide work schedules as required by the Owner; (k) use of subcontractors without the Engineer's approval, or (1) failure of the Contractor to keep current As Built record drawings at the job site, or to turn same over in completed form to the Owner When the above grounds are removed, payment shall be made for amounts withheld because of them, and Owner shall never be liable for interest on any delayed or late payment. 8.06 ACCEPTANCE AND FINAL PAYMENT When the work provided for in the contract shall have been completed by the Contractor, and all parts of the work have been approved and accepted by the Engineer,a final estimate showing the amount of the work and the amount due the Contractor under the contract will be prepared by the Engineer The amount of the final estimate,less any sums previously paid under the contract will be paid to the Contractor 9.00 GUARANTEE 9.01 GUARANTEE. The Contractor, before final payment is made, shall furnish to the Owner a One (1) Year Maintenance Bond in the amount of one hundred percent (100%) of the construction cost to insure that the work performed under the Contract is free from faulty materials and workmanship and will remain free from faulty matenals and workmanship for a period of one year from the date of acceptance by the Owner Neither the final payment on the Contract by the Owner nor any provision in the Contract or Specifications shall relieve the Contractor of responsibility for faulty materials or workmanship and,unless otherwise specified,he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one year from date of acceptance of the work. If the Contractor fails to correct defects covered in the Contract and guarantee within thirty(30)days from receiving written notice of such defects,the Owner shall give written notice to the Surety Company issuing the Maintenance Bond and said Surety Company shall then assume full responsibility for correction of the defects in an acceptable manner and in fulfillment of the guaranteed portion of the Contract. GC-16 Page 21 TABLE OF CONTENTS FOR SPECIAL CONDITIONS 1.DEFINITION OF TERMS 101 ENGINEER SC-1 102 SUBCONTRACTOR. SC-1 2. AWARD AND EXECUTION OF CONTRACT 2.04 EXECUTION OF CONTRACT, (ETC) SC-1 4. CONTROL OF THE WORK 4 01 AUTHORITY OF THE ENGINEER SC-1 4 05 CONSTRUCTION CONTROL. SC-1 6. LEGAL RELATIONS AND RESPONSIBILITIES 6 01 LAWS TO BE OBSERVED ADD REPRODUCED TEXT OF PREAMBLE AND 28 TAC §110 110 SC-1-13 7. PROSECUTION AND PROGRESS 7 05 CONTRACT TIME. SC-13 7 06 LIQUIDATED DAMAGES &BONUS FOR EARLY COMPLETION SC-13 8. MEASUREMENT AND PAYMENT 8 04 PARTIAL PAYMENT SC-13 T-1 Page 22 1.00 DEFINITION OF TERMS. 1.01 ENGINEER. Freese &Nichols, Inc. 1.02 CITY ENGINEER. The City Engineer of the City of Pearland, Texas or his authorized representatives. 1.03 CITY INSPECTOR. The City Inspector of the City of Pearland, Texas or his authorized representatives. 2.00 AWARDS AND EXECUTION OF CONTRACT 2.04 EXECUTION OF CONTRACT PERFORMANCE AND PAYMENT/MAINTENANCE OF BOND. The contract and all change orders thereto shall be executed by the City Manager,actmg on the authority of the City Council of the City of Pearland. 4.00 CONTROL OF THE WORK. 4.01 AUTHORITY OF THE ENGINEER. The work will be done under the inspection of the Engineer to his satisfaction,and in accordance with the proposal,contract,specifications and drawings. He will decide all questions which may arise as to the quality of acceptability of materials furnished and work performed, the manner of performance and rate of progress of the work,the interpretations of the specifications and drawings,and the acceptable fulfillment of the Contract on the part of the Contractor Where the phrase"as directed by the Engineer", "ordered by the Engineer",or"to the satisfaction of the Engineer"occurs it is to be understood that the directions,orders,or instructions to which they relate are within the limitations of the Contract documents. In no case shall the term"inspection" imply or mean "supervision." 4.05 CONSTRUCTION CONTROL Where needed for control purposes,the Engineer will confirm or locate street R.O W property lines. 6.00 LAWS TO BE OBSERVED 6.01 PREAMBLE TO RULE 110.110 The Texas Workers' Compensation Commission adopts new §110 110, concerning requirements for governmental entities awarding a contract for a building or construction project,and for persons providing services on a building or construction project for a governmental entity The new rule is adopted with changes to the proposed text published in the April 26, 1994 issue of the Texas Register (19 TexReg 3131) Subsections (a)(7) and (c)(7) were amended by adding language to further clarify who is covered by the rule. Subsections (c)(7)(J) and (e)(3)were added to clanfy that a contractor or subcontractor is representing to the governmental entity that workers' compensation coverage is provided. Subsections (d)(8)(C) and (e)(8)(C) were added to require specific language regarding representions of coverage to be added to contracts to provide services -1 Pa e 23 SC g require specific language regarding representions of coverage to be added to contracts to provide services on the project. Subsections (c)(7)(F), and (c)(7)(I)(5), (d)(5), (d)(8)(F), (e)(6), and (e)(8)(F) were amended to reduce the retention period for contractors and other persons providing services on the project from three years to one year Subsection(g)was changed to state that this rule applies to contract advertised for bid after September 1, 1994,rather than awarded after September 1, 1994 The Texas Labor Code, §406 096, requires workers' compensation insurance coverage for all persons providing services on a building or construction project for a governmental entity The commission is aware that this statutory requirement is not being met, and this rule is designed to achieve compliance and to implement a recordkeeping process which will enable oversight of compliance. The rule does this by placing requirements on the governmental entity and on contractors and other persons providing services on a project. These requirements include coverage, certificates of coverage,posted notices of coverage,and notification of changes in coverage status. The rule does not create any duty or burden on anyone which the law does not establish. The rule defines terms which apply to governmental entity building or construction projects and sets up a clear procedure for governmental entities and contractors that bid for building and construction projects to follow in complying with the requirements of the Texas Labor Code,§406 096 It also defines statute and the rule. It specifically excludes persons such as food/beverage vendors whose deliveries and labor are not permanently incorporated into the project. The rule puts persons on notice that providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other persons providing services on the project to administrative penalties, civil penalties, or other civil actions. The rule requires a governmental entity to timely obtain certificates of coverage, retain them for the duration of the project plus three years, and provide them to the commission upon request and to others entitled to them by law It also requires the governmental entity,as a prerequisite to awarding a contract, and as part of the contract,to require that the contractor provide coverage and certificates of coverage for the contractor's employees,timely obtain and provide the governmental entity all required certificates of coverage for all persons providing services on the project;retain certificates of coverage on file for the duration of the project and for one year thereafter;notify the governmental entity in writing by certified mail or personal delivery,within 10 days after the contractor knew or should have known,of any change that materially affects the provision of coverage of any person providing services on the project; post notices on each project site; and contractually require persons with whom it contracts to do the same, with the certificates of coverage to be provided to the person for whom they are providing services. The rule also sets out the language to be included in bid specifications and in contracts awarded by a governmental entity and the information required to be in the posted notice to employees. It further establishes a method for obtaining the certificates from persons providing services on the project and providing them to the governmental entity It requires a contractor awarded a building or construction contract to provide workers' compensation coverage to the contractor's employees for the duration of the project;file a certificate of coverage of the SC-2 Page 24 contractor's employees with the governmental entity prior to being awarded a contract; obtain and provide to the governmental entity; certificates of coverage from each other person with whom it has contracted to provide services on the project,prior to that person beginning work on the project; obtain and provide new certificates of coverage shown on the current certificate ends during the duration of the project;retain all certificates of coverage for the duration of the project and for one year thereafter;notify the governmental entity of material changes in coverage; contractually require each other person with whom it contracts to provide a certificate of coverage; and post notices on each project site. All other persons providing services on a project have the same requirements as a contractor, with the exception of posting notices and with the exception that the certificate of coverage is given to the person for whom they contracted to provide services on the project. The rule uses the term"persons providing services on the project"in lieu of the statutory term"subcontractor"because the term"subcontractor"as used in the statue (§406 096) and in this rule is broader than standard industry usage. The use of the different terminology will prevent confusion. The rule does not create any duty or burden on anyone which the law does not establish. The new rule is adopted under the Texas Labor Code, §402.061, which authorizes the commission to adopt rules necessary to administer the Act, and Texas Labor Code, §406 096, which establishes requirements for governmental entities,contractors,and subcontractors("persons providing services on the project")regarding workers'compensation coverage for workers on public building or construction projects. Rule 110.110 - Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage("certificate")-A copy of a certificate of insurance,a certificate of authority to self-insure issued by the commission,or a coverage agreement(TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement)providing services on a project, for the duration of the project. (2) Building or construction - Has the meaning defined in the Texas Labor Code, §406 096(e)(1) (3) Contractor - A person bidding for or awarded a building or construction project by a governmental entity SC-3 Page 25 (4) Coverage-Workers' compensation msurance meeting the statutory requirements of the Texas Labor Code, §401 011(44) (5) Coverage agreement- A written agreement on form TWCC-81, form TWCC-82, form TWCC-83, or form TWCC-84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Wokers'Compensation Act,pursuant to the Texas Labor Code,Chapter 406,Subchapters F and G as one of employer/employee and establishes who will be responsible for providing workers'compensation coverage for persons providing services on the project. (6) Duration of the project - Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity (7) Persons providing services on the project ("subcontractor" in §406 096 of the Act) - Includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors,subcontractors,leasing companies, motor camers,owner-operators,employees of any such entity,or employees of any entity furnishing persons to perform services on the project. "Services" includes but is not limited to providmg, hauling,or delivering equipment or materials, or providing labor, transportation,or other service related to a project. "Services"does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project - Includes the provision of all services related to a building or construction contract for a governmental entity (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts,and that all coverage agreements have been filed with the appropriate insurance carrier or,in the case of a self-insured,with the commission's Division of Self-Insurance Regulation. Providing false or misleading certificates of coverage,or failing to provide or maintain required coverage,or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties,criminal penalties,civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall. SC-3 Page 26 (1) include in the bid specifications,all the provisions of subsection(d)of this rule,using the language required by paragraph(7) of this subsection, (2) as part of the contract,using the language required by paragraph(7) of this subsection, require the contractor to perform as required in subsection(d) of this rule; (3) obtain from the contractor a certificate of coverage for each person providing services of the project,prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period,if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the following language for bid specifications and contracts,without any additional words or changes,except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation in Figure 1 (Figure 1) Article Workers' Compensation Insurance Coverage. A. Definitions Certificate of coverage("certificate")-A copy of a certificate of insurance,a certificate of authority to self-insure issued by the commission,or a coverage agreement(TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. SC-4 Page 27 Duration of the project-includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity Persons providing services on the project ("subcontractor" in§406 096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes,without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation,providing,hauling, or delivering equipment or materials,or providing labor, transportation,or other service related to a project. "Services"does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401 011(44) for all employees of the contractor providing services on the project, for the duration of the project. C The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must,prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity (1) a certificate of coverage,prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter SC-5 Page 28 G The contractor shall notify the governmental entity in writing by certified mail or personal delivery,within 10 days after the contractor knew or should have known,of any change that matenally affects the provision of coverage of any person providing services on the project. 1-1 H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code, Section 401 011(44)for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor,pnor to that person beginning work on the project, a certificate of coverage showing that coverage is bemg provided for all employees of the person providing services on the project,for the duration of the project; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor. (a) a certificate of coverage,pnor to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage,prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any SC-6 Page 29 change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) -(7),with the certificates of coverage to be provided to the person for whom they are providing services. J By signing this contract or providing or causing to be provided a certificate of coverage,the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project,that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self- insured,with the commissions'Division of Self-Insurance Regulation. Providing false or misleadmg information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the'governmental entity (d) A contractor shall. (1) provide coverage for its employees providing services on a project,for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity,prior to the end of the coverage period,a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project,and provide to the governmental entity (A) a certificate of coverage,prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and SC-7 Page 30 (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery,within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; (7) post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text in Figure 2 provided by the commission on the sample notice, without any additional words or changes. (Figure 2) REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers'compensation insurance. This includes persons providing, hauling, or delivering equipment or material, or providing labor or transportation or their service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." (8) contractually require each person with whom it contracts to provide services on a project, to (A) provide coverage based on proper reporting of classification codes and payroll - I amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; SC-8 Page 31 (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection(e)(3) of this rule; (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period,a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writmg by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provisions of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs(A)-(H),with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall. (1) provide coverage for its employees providing services on a project,for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, (2) provide a certificate of coverage as required by its contract to provide services on the project,prior to b egmmng work on the project; (3) have the following language in its contract to provide services on the project: SC-9 Page 32 "By signing this contract or providmg or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project,that the coverage agreements will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or,in the case of a self-insured,with the commission's Division of Self- Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project,pnor to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage,if the coverage period shown on the certificate of coverage ends during the duration of the project; (5) obtain from each person providing services on a project under contract to it,and provide as required by its contract: (A) a certificate of coverage,prior to the other person begmnmg work on the project;and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period,if the coverage period shown on the current certificate of coverage ends during the duration of the project; (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providmg services on the project and send the notice within 10 days after the person knew or should have known of the change; and (8) contractually require each other person with whom rt contracts to (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person begmmng work on the project; SC-11 Page 33 (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this rule; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage penod,a new certificate of coverage showing extension of the coverage period if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts,to perform as required by paragraphs (A)-(H), with the certificate of coverage to be provided to the person for whom they are providing services. (f) If any provision of this rule or its application to any person or circumstance is held invalid,the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994 SC-11 Page 34 7.05 CONTRACT TIME Contract time is 75 calendar days. All time worked on holidays and other than 7.30 a.m. - 4 30 p.m. Monday through Friday will be overtime hours. Contractor shall pay all inspection costs for overtime work by City personnel created by Contractor's choice to work other than normal hours. No work will be allowed on Sundays. This contract time as defined in this proposal and other sections of the contract documents includes a certain number of rain/mud days. Based on the Alvin Weather Center records,the average annual rain days from June, 1898 to December, 1996 is 40 days,calculated from all precipitation days of record. Contractor is required to keep record of rain/mud days at the site. Record of rain/mud days must be accepted and signed off by the City Inspector monthly, and it shall be reported on the monthly pay estimate submittals. At the end of contract, Contractor will be credited only the number of accepted rain/mud days that exceed 40 rain/mud days per year, or any proportionate fraction thereof. 7.06 LIQUIDATED DAMAGES. Liquidated damages shall be $240 00 per day SC-12 Page 35 SECTION G TECHNICAL SPECIFICATIONS ITEM 1 INSTALLATION OF WATER MAINS 1 Nature of Work (1) Scope: The Contractor shall furnish all superintendence, labor, materials, supplies, machinery,tools, equipment, and all other facilities necessary for removing obstructions, excavating the trench, protecting adjoining property of public utility corporations, constructing and maintaining all bridges required for traffic control, sheeting,bracing and supporting the adjoining ground or structures where necessary;handling all drainage or ground water; unloading,haulmg, distributing, laying, testing and disinfecting the pipe, fittings, valves, flushing valves, fire hydrants and other appurtenances; replacing all damaged drams, sewers or other structures,backfilling the trenches, replacing grass, shrubs, and other surface vegetation, restoring roadway surfaces to condition equal to that prior to beginning the work; testing the completed piping system for pressure and leakage requirements, disinfecting the completed piping system,maintaining the street or other surface over the trench,hauling all surplus or removed materials belonging to the Owner to his storage yard, disposal of all excess and waste material at no cost to the Owner Any other services and facilities necessary for completing the work in the time limit specified in the contract unless specifically stated to the contrary in these specifications. 2. Contract Documents (1) These Technical Specifications form a part of the contract documents enumerated in the general conditions of the Standard Form of Agreement between Owner and Contractor (2) Contract drawings The information appearing on the various drawings has been obtained from field surveys and from records of the public utility corporations. The drawings have been carefully prepared and all available information shown, but the Contractor must satisfy himself as to the actual conditions to be encountered as neither the Owner nor the Engineer is to be held responsible for the accuracy or completeness of plans showing physical features or lines of utilities. No attempt has been made to show all service lines from sewer, water or gas mains. 3 Materials (1) All materials and equipment incorporated into the work shall be as shown on the drawings and as called for in Appendix "A", Specifications for Materials for Water Mains and Appurtenances, attached hereto (2) Materials Furnished by Owner None except those specified in "Information to Bidders" attached hereto (3) Contractor's Responsibility for Materials (a) Responsibility for Materials Furnished by Contractor The Contractor shall be Item 1 - 1/19 responsible for all materials furnished by him. All such material which is defective in manufacture or has been damaged in transit or has been damaged after delivery shall be replaced by the Contractor at his expense. (b) The Contractor's responsibility for material furnished by the Owner shall begin upon Contractor's acceptance at the point of delivery to him. All such material shall be examined, and material defective in manufacture and/or otherwise damaged shall be rejected by the Contractor at the time and place of delivery to him and replaced by the Owner Material furnished by the Owner which is accepted by the Contractor,but which is discovered, prior to final acceptance of the work, (1)to be defective m manufacture, shall be replaced by the Owner, (2) to have been damaged before or after acceptance by the Contractor, shall be replaced by the Contractor Once accepted by the Contractor at the pomt of delivery to him all defective and/or damaged material discovered prior to final acceptance of the work shall be removed by the Contractor and he shall install, at his own expense, the material replaced, in its stead,by the Owner or Contractor, in such case the Contractor shall furnish all labor, equipment, and material incidental to replacement and necessary for the completion of the work to the satisfaction of the Engineer (c) Responsibility for Safe Storage: The Contractor shall be responsible for the safe storage of all material furnished to or by him and accepted by him until it has been incorporated in the completed project. 4 Inspection (1) Inspection of Material at Factory If requested m writing by the Owner, all material shall be inspected and approved by a representative of the Owner at the Manufacturer's plant before shipment. (2) Inspection of Material at Delivery Point: When received from the carrier and at the time of unloading, the Contractor shall inspect all pipe and accessories for loss or damage in transit. No shipment of materials should be accepted by the Contractor unless proper exceptions are made on the receipt obtained by the carrier, at the time of delivery, as to loss and/or damage. (3) Field Inspection of Material and Workmanship All laying,jointing, testing for defects and for leakage under pressure, and disinfection, shall be performed in presence of the Engineer or his authorized representative and shall be subject to his approval before acceptance. (4) Disposition of Defective Material. All material found during the progress of the work to have cracks, flaws, or other defects will be rejected by the Engineer or his authorized representative and the Contractor shall promptly remove such defective material from the site of the work. 5 Handling of Pipe and Accessories Item 1 -2/19 (1) Handling: Pipe and accessories shall,unless contrary instructions are received,be unloaded at the point of delivery, hauled to, and distributed at,the site of the project or to an approved storage yard,by the Contractor The contractor shall be responsible for acquiring all storage and laydown space the project requires. Material shall at all times be handled with care to avoid damage. Pipe delivered to storage yards must be stacked at designated locations until it is removed to the site of the project by the Contractor Whether moved by hand, skidways or hoists,materials shall not be dropped, or bumped against pipe or accessories already on the ground or against any other object on the ground. (2) Distribution at Site of Work: In distributing material at the site of the work, each piece shall be unloaded opposite or near the place where it is to be laid in the trench. The pipe shall be placed at locations that will not interfere with the public use of streets. (3) Care of Pipe: (a) Material Kept Clean. The interior of all pipe and accessories shall be kept free from dirt and other foreign matter at all times. The pipe shall be placed in such a manner that no dirt, storm or other water or other foreign matter will enter the pipe. If such matter should enter the pipe, it must be removed from the pipe by the Contractor prior to placing the pipe in the trench. (b) Damaged Pipe: Pipe shall be handled in such a manner as to avoid damage to the pipe. If damaged sections cannot be cut out or repaired to the Engineer's satisfaction, they shall be replaced. The replacement or repair of damaged pipe, all salvage operations and hauling replacements from the storage yard will be at the Contractor's expense. (c) Frost Protection. Valves and hydrants shall be kept drained and stored before installation in a manner protecting them from damage due to freezing of trapped water 6 Lines and Grades (1) Layout and Staking: Contractor's Responsibility The Contractor will do and be responsible for all field layout, offsets, elevations, and staking required to establish lines and grades for his construction operations. He will provide such field engmeering employees at his expense as may be required to insure the accurate performance of this work, and the Contractor shall be completely liable for the cost of correcting any and all errors or deficiencies resulting from said field layout and staking by his employees. (a) Information Furnished by the Owner 1) Horizontal Reference Control Points 2) Bench Mark Item 1 - 3/19 (2) Maintenance of Line and Grade: All pipe shall be laid and maintained to the required lines and grades. Fittings, valves, and hydrants shall be at the required locations and with joints centered, spigots home and all valve and hydrant stems plumb (a) Deviation with Engineer's Consent: No deviation shall be made from the required line or grade except with the written consent of the Engineer (b) Depth of Pipe Cover. Unless provided otherwise in the drawings, all pipe shall be laid to a depth of 60 inches of cover and shall be measured from the established street grade or the surface of the permanent improvement including ditch flowlines to the top of the pipe barrel. (3) Subsurface Exploration. Whenever necessary to determine the location of existing underground utility structures, the Contractor, after an examination of available records and upon the written order of the Engineer, shall make all explorations and excavations for such purpose. Water mains into which the mains under construction are to be connected must be definitely located well in advance of such connection to allow for possible adjustment of alignment and/or grade. The expense of any necessary change in grade or alignment must be borne by the Contractor if these precautions are not taken. (a) Obstructions Caused by Other Utility Structures. Where the grade or alignment of the pipe is obstructed by existing utility structures such as conduits, ducts,pipes,branch connections to main sewers, or main drains, the obstruction shall be permanently supported,relocated,removed or reconstructed by the Contractor in cooperation with Owners of such utility structures. (4) Should it become necessary to lower the grade to permit the pipe to pass under an obstruction or to connect to an existing main, after the trench has been excavated to the grade shown on the profile or designated by the Engineer, then the compensation for this additional work will be on the basis of the unit price bid for extra excavation. The same means of computing extra compensation shall apply to changes in alignment, after the trench has been excavated to the previously indicated grade and alignment, and for excavating earth or rocks which are unsatisfactory for supporting the pipe. Should it be necessary to lay pipe at a depth greater than the greatest depth listed on the bid sheet, then the compensation for this work will be the unit price bid for laying the pipe at the greatest depth listed,plus extra compensation on the basis of extra excavation. 7 Excavation (1) All excavation shall be by the open trench method unless borings or tunnels are shown on the plans or ordered by the Engineer Note: No excavation or trenching shall commence until all equipment, labor,materials, and supplies needed to lay the lines and accessories are in place ready for installation. Item 1 -4/19 (2) Barricades, Guards, and Safety Provisions To protect persons from injury and to avoid property damage, adequate barricades, construction signs, torches, red lanterns and guards as required shall be placed and maintained during the progress of the construction work and until it is safe for traffic to use the trenched roadway Whenever required, watchmen shall be provided to prevent accidents. Rules and regulations of the local authorities regarding safety provisions shall be observed.No open trench shall be left overnight. (3) Traffic and Utility Controls (a) Excavation for pipe laymg operations shall be conducted to cause the least interruption to traffic. The Contractor shall provide suitable bridges with side rails for both pedestrian and motor traffic, when requested by the Engineer, at street and driveway crossings where traffic must cross trenches. (b) Extra compensation shall be on the basis of unit bid prices and all materials shall be salvaged at full values whenever the Engineer considers same satisfactory for use as trench sheeting or bracing. Hydrants under pressure, valve-pit covers, valve boxes, curb-stop boxes, fire or police call boxes, or other utility controls shall be unobstructed and accessible during the construction period. (c) Maintenance of Flow of Drains and Sewers. Adequate provision shall be made for the flow of sewers, drains and water courses encountered during construction. Temporary support, adequate protection and maintenance of all underground and surface utility structures, drains, sewers, and other obstructions encountered in the progress of the work shall be furnished by the Contractor.at his own expense under the direction of the Engineer The structures which may have been disturbed shall be satisfactorily restored by the Contractor (d) Whenever sanitary sewers or storm sewers, which are not shown on the original plans, are found to exist in the line of and parallel to the trench for the water mains, then they shall be removed and replaced by the water main Contractor as extra work. The compensation for this work shall be on the basis of the unit bid prices for extra labor and materials or an agreed lump sum price if specific bid prices for such work are not included in the contract. (4) Property Protection. Trees, fences,poles, and all other property shall be protected unless their removal is authorized. All grass along improved property, shrubs, or small trees which are removed must be stored and later replanted. All trees adjacent to the trench must be protected and trees on subdivision or private property must not be cut unless permission, in writing, is granted. (a) The Contractor shall be responsible for all structures above or below the ground that are in any way affected by the work. (b) Where ordered by the Engineer, any pipe or conduit of a public utility corporation crossing a trench must be supported by a beam built by the Contractor Materials and labor Item 1 - 5/19 required for the construction of such beams will be paid for as extra work at the unit pnces bid for such work. All concrete for beams must be made with High Early Strength cement. Under usual conditions, this beam will extend from a point on either side of the trench which will permit the satisfactory bearing of the ends and will extend across the trench. The beam shall be of reinforced concrete construction, of such dimensions as the Engineer may specify so as to properly support the service line and the concrete shall be of Class 2000 psi. All timber forms shall be left in place. (5) Interruption of Utility Services. No valve, switch or other control on existing utility system shall be operated for any purpose by the Contractor without approval of the Engineer and the utility All consumers affected by such operations shall be notified by the Contractor as directed by the Engineer and utility before the operation and advised of the probable time when service will be restored. (a) Should the Contractor consider it necessary for a utility to change the location of some of its properties, the Contractor must notify the Engineer in advance. The Engineer will make all arrangements with the utility corporations, should he consider it imperative that the changes be made,but the Owner will not be liable for damages on account of delays due to changes made by utility corporations which hinder the progress of work of the water main Contractor (6) Manner of Piling Excavated Material All excavated material shall be piled in a manner that will not endanger the work and will avoid obstructing sidewalks and dnveways. Gutters and ditches shall be kept clear or other satisfactory provisions made for areas and street drainage. (7) Open Trench Excavation. (a) The trench shall be dug to the required alignment and depth shown on the Contract Drawings for a distance of at least two full lengths of pipe in advance of the last made- up joint at all times. The trench shall be braced and drained when necessary so that the workmen may work therein safely and efficiently (b) When excavating machinery is being used, same shall cut the trench to a depth slightly less than that indicated by Contract Drawings and the trench shall then be excavated to grade by hand tools, the grade being established by a Laser instrument. Regardless of the method employed for excavating the trench, a Laser instrument must be used for obtaining the final grade. The width of the trench at the surface is not to be less than that at the bottom. (c) Where the use of trench-digging machinery will cause damage to trees,buildings or existing structures above or below the ground,hand excavation shall be employed to avoid such damage. (d) All gravel, shell, or rock roadway surfaces shall be scarified and the material placed at such locations as not to become mixed with the spoil. Should the Contractor neglect to Item 1 - 6/19 properly scarify the surface or to protect the material after it has been removed from the roadway, then the Engineer will order the material replaced at the expense of the Contractor (e) Trench Width. 1) The minimum clear width of unsheeted or sheeted trench measured at the horizontal diameter of the pipe shall be 18 inches, or one foot greater than the outside diameter of the barrel of the pipe, whichever is greater The maximum clear width of trench at the top of the pipe shall be not more than the outside diameter of the barrel of the pipe plus two feet. Greater width of trench at the top of the pipe shall be permitted only on written approval by the Engineer 2) The trench width at the ground surface may vary with, and depend upon, its depth and the nature of the ground encountered,but shall not be less than that at the bottom of the trench. Should the Contractor cut a ditch of greater width along or across improved streets than the maximum widths listed below,he will not receive extra compensation for furnishing and placing shell or gravel in the additional width of the trench. When cuts of excess width are made along or across paved streets, then the extra cost to the Owner on account of the excess width of the trench will be deducted from the Contractor's estimate. Maximum Trench Widths. for 4" to 8" mains, incl. - 24 inches for 10" to 16" mains, Incl. - 30 inches Disposal of excess excavation to be made promptly off-site. (f) Braced and Sheeted Trenches: Wherever necessary to prevent caving, trench excavations in sand, gravel, sandy soil, or other unstable material shall be adequately sheeted and braced. Where sheeting and bracing are used, the trench width shall not be less than that I I specified in Section 7.(7) (e) As backfill is placed, the sheeting shall be withdrawn in increments not exceeding 1 foot and the void left by the withdrawn sheeting shall be filled and compacted. 1) The material that is to be left in the trench will be specified by the Engineer When solid sheeting is required, the timber shall be cut off eighteen inches below the surface of the ground before backfilling the trench and the length of timber for which the Contractor will receive compensation will be considered as extending to within six (6) inches of the surface of the ground. For other types of braces and sheeting, the Contractor will be paid for the actual amount of timber ordered left in the trench. 2) The maximum amount of timber in any section of the trench for which the Contractor will receive compensation will be two (2)board feet for each square foot of surface on the sides of the trench considering that the depth of the trench is the distance from the surface of the ground to the bottom of the trench less six (6) inches. 3) Timber of quality equivalent to new wood of grade#3 with finished or Item 1 - 7/19 unfinished surfaces shall be furnished for all bracing or sheeting. (g) Pipe Foundation of Stable Soil. The pipe shall be laid, as directed by the Engineer, on firm soil cut true and even to afford bearing for the full length of the barrel of the pipe, as specified in typical detail. 1) Correction of Faulty Grade: Any part of the trench excavated below grade shall be corrected with thoroughly compacted material approved by the Engineer (h) Pipe Foundation on Unstable Soil. When the bottom uncovered at grade is soft and,in the opinion of the Engineer, cannot support the pipe, a further depth shall be excavated and refilled to pipe foundation grade with thoroughly compacted material, or shall be laid on permanent wood blocking or by other means employed as required by the Engineer (8) There shall not be more than 300 feet of continuous trench open at any time and at all times the trench must be cleaned up and all streets opened 300 feet back of the most advanced line of excavation. Materials used shall be placed at locations so as not to interfere unnecessarily with the use of the streets by the public and not more than two street inter-sections will be closed at any time. The street surface along the line of the trench must be kept free of surplus soil. (9) Boring: Borings will be made of sizes and at locations shown on the plans, or where directed by the Engineer, and to the lines and grades established by the Engineer All details and methods of construction shall be subject to the Engineer's approval. Openings for installation of equipment,removal of excavated material and placing of pipe shall be made at locations designated by the Engineer (a) Casing for cased borings shall be 1/4" (unless otherwise noted in plans) smooth- wall metal pipe conforming to A.R.E.A. Specification No 1-416, and of sizes and gages as called for on the plans and shown on the bid proposal. Uncased borings shall be of the sizes specified on the bid proposal. This specification is intended to apply only in cases of boring under railroad tracks or, where shown on the plans or ordered by the Engineer, under paved road or street surfaces. (b) Where considered necessary by the Engineer, or elected by the Contractor,to bore under trees, sidewalks, driveways and other surfaces or sub-surface obstructions the work shall be done as directed by the Engineer, and no additional compensation will be allowed except for shell or other special pay items ordered by the Engineer (c) Completed cased borings shall be measured for payment by the length of casing installed. Uncased borings shall be measured between the limits of bore as ordered by the Engineer Cased boring shall be paid for at the contract unit prices for 1/4" smooth-wall casing pipe of the sizes and gages shown on the Proposal. Uncased borings will be paid for at the contract unit prices for "Bored Holes (Uncased)" of the sizes shown on the proposal. The said unit prices shall be full compensation for all equipment, labor and material, and shall include any Item 1 - 8/19 additional cost, as compared to laying in open trench, for placing the water lines in borings. 8 Mains Crossing Under Railroad Tracks or Highway Pavement (1) The Contractor shall notify the Engineer m advance of the approximate time that he intends to start excavation for each section of the mains that is to be laid under railroad tracks or highway pavement. The Engineer will arrange all details with the railroad company or highway department and secure the necessary permits,but the Owner will not be liable for damages due to delays suffered by the Contractor on account of the railroad company or highway department requesting that the work be done at such hours so as to least inconvenience them. (2) Should special construction be required, then same will be paid for as extra work. Pipe shall be cut and placed so that the joints in the casing shall be at the locations specified by the Engineer without additional cost to the Owner During the course of excavating, laying of pipe and backfilling each section of mains passing under or adjacent to railroad tracks the Engineer will requestthe railroad to furnish flagmen and/or watchmen who will be present whenever the actual construction is within ten(10) feet to the centerline of any tracks. 9 Preparation of Trench Bottom (1) Method of Preparation. As directed by the Engineer or shown on Plans, the pipe shall be either laid directly on the trench bottom, or on ASTM 335 sand bedding as shown in plans. No pipe shall be laid in trenches whose bottoms are frozen or flooded. (2) After the trench has been carefully graded, same must receive the approval of the Engineer before any pipe is placed therein. (3) Pipe Laid on Trench Bottom. Pipe shall be laid directly on a trench bottom containing bell or coupling holes and shaped to provide continuous contact with the pipe between bell or coupling holes. (a) Bell or Coupling Holes Prior to lowering pipe into the trench a bell or coupling hole shall be dug in the trench bottom having a length, width, and depth, as specified by the Engineer, to allow assembly and to prevent the coupling from resting on the coupling hole bottom. (b) Shaping Trench Bottom. Prior to lowering pipe into the trench, the trench bottom between bell or coupling holes shall be made flat and cut true and even to grade so as to provide continuous contact of the trench bottom with the pipe (4) Pipe Laid on Sand Bedding: Pipe shall be laid on ASTM 335 sand bedding to the Item 1 - 9/19 thickness as called for on plans. 10 Hours for Laying Mains. The regular hours for laying mains shall be from 7.30 a.m. to 4.30 p.m. Monday thru Friday except legal holidays. No pipe shall be placed in the trench,nor any pipe jointed, outside of these hours unless provisions have been made to pay for inspector's time. This provision does not in any way prohibit the Contractor from excavating the trench or doing other types of work which do not require the presence of the Engineer,but all work done outside of the stated hours will be at the risk of the Contractor The Engineer will permit, or may request the Contractor to lay pipes outside of the regular hours should an emergency warrant such an order 11 Lowering Pipe and Accessories Into Trench. (1) General. Proper implements,tools, and facilities satisfactory to the Engineer shall be provided and used by the Contractor for the safe and efficient execution of the work. All pipe, fittings, valves, hydrants and accessories shall be carefully lowered into the trench by means of derrick,ropes, or other suitable equipment in such manner as to prevent damage to pipe and fittings. Under no circumstances shall pipe or accessories be dropped or dumped into the trench. (2) Inspection of Pipe and Accessories. The pipe and accessories shall be inspected for defects prior to lowering into trench. Any defective, damaged, or unsound pipe shall be repaired or replaced. (3) Pipe Kept Clean. All foreign matter or dirt shall be removed from the interior of pipe before lowering into position in the trench. Pipe shall be kept clean by means approved by the Engineer during and after laying. 12. Laying Pipe. (1) Cutting Pipes. The cutting of all pipe of size 12" and smaller shall be done with standard wheel pipe cutters and all pipe larger than 12" shall be cut in a manner approved by the Engineer Regardless of the method employed, each cut must be smooth and at nght angles to the axis of the pipe. (2) Joints (a) All jointing of pipe, fittings and valves shall be done in a precise, workmanlike manner, in stnct accordance with printed instructions issued by manufacturers of the involved materials, and in conformity with acceptable standard practice as approved by the Engineer (b) Joints and joint materials shall be as specified for the several types of pipe, fittings, and valves covered elsewhere in these specifications and as shown in the proposal. Item 1 - 10/19 (c) Cleaning Before Jointing: The ends of the pipe to be jointed, the inside of the bell or coupling and the gasket material shall be wiped clean immediately before jointing the pipes. (d) Disinfection by Addition of Chlorine Crystals All pipe shall be charged with Chlorine Crystals during jointing such that filling of pipe with water will result in 50 mg/1 available chlorine in solution. (3) Deflection of Pipe at Joints Pipe shall not be deflected either vertically or horizontally m excess of that recommended by the manufacturer of the coupling. (4) Unsuitable Conditions for Jointing Pipe: No pipe shall be laid in water or on frozen trench bottom, or when in the opinion of the Engineer the trench conditions or the weather are unsuitable for such work. (5) Preventing Trench Water from Entering Pipe• When pipe laying is not in progress, the open ends of pipe shall be closed by approved means to prevent entrance of trench water into the line. (a) Floating Pipe Whenever water is excluded from the interior of the pipe adequate backfill shall be deposited on the pipe to prevent floating. Any pipe which has floated shall be removed from the trench and be relaid as directed by the Engineer (6) Should a damaged piece of pipe be placed in the water main, the Contractor shall furnish at his expense, all labor and materials required for removing and replacing the defective pipe and restoring the street to its condition just prior to failure of the pipe. 13 Setting Fittings and Valves. (1) General. Fittings and valves shall be lowered into the trench, inspected and cleaned,jointed to pipe and then reaction or thrust backing provided. (a) Each gate valve, flushing valve, or fire hydrant must be completely closed when placed in the pipeline. (b) No additional compensation will be paid the Contractor for setting valves. The unit price bid will be paid for each hydrant set by the Contractor Timber bracing shall be furnished and installed by the Contractor (2) Should the Contractor place defective valve or hydrant in the line or if one proves defective during the period of the Maintenance Bond he will furnish a replacement fitting to replace such defective fitting in the water main and all labor and materials required for removing the defective fitting, setting the replacement fittings, and for restoring the street to its condition just prior to making the repairs at the Contractor's expense. Item 1 - 11/19 (3) Valve Boxes and Valve Pits Cast-iron valve boxes shall be firmly supported, and maintained centered and plumb over the wrench nut of the gate valve, with box cover flush with the surface of the finished pavement or at such other level as may be directed by the Engineer The pipe section of each valve box must be cut to the proper length, the box assembled, and braced in a vertical position. All geared valves and such other valves as may be designated by the Engineer shall be set in masonry valve pits with the wrench nuts readily accessible for operation through the manhole opening. Pits shall be constructed in a manner that will permit minor valve repairs and afford protection to the pipe from impact or settlement where it passes through the pit walls. (a) Pipe Entenng Valve Pits. No pipe entering or passing through valve pits shall extend more than 3 feet, 3 inches beyond the outside face of the pit when the pipe size is 6 inches or less, not 6 feet, 6 inches for larger sizes. (4) General Location. Flushing valves and hydrants shall be located to provide complete accessibility and to minimize possibility of damage from vehicles or injury to pedestnans. Unless otherwise directed by the Engineer the setting of any flushing valves or hydrant shall conform to the following Sections. (a) Location in Relation to Curb Line: When placed behind the curb the hydrant bowl shall be set so that no portion of the hydrant or hose nozzle caps on street side shall be less than 6 inches nor more than 12 inches from the vertical face of the curb Should the barrel of a hydrant pass through a concrete slab, then a piece of standard sidewalk expansion Joint material, 1" thick, shall be fitted closely around the section of the barrel passing through the concrete. (b) Location in Relation to Street Corners. Hydrants shall not be placed within 20 feet from the intersection of the curb lines at street corners. (c) Position of Nozzles All flushing valves and hydrants shall stand plumb Nozzles shall be at nght angles to the curb or as directed by the Engineer (d) Drainage at Hydrant: Whenever hydrants are set in soil classified as impervious by the Engineer, a drainage pit two feet in diameter and two feet deep shall be excavated below each hydrant. The pit shall be filled compactly with coarse gravel or broken stone mixed with coarse sand,under and around the bowl of the hydrant to a level 6 inches above the waste opening. No hydrant drainage pit shall be connected to a sewer (5) Back-Siphonage at Blow-offs to be Prevented. Drainage branches or blow-offs shall not be connected to any sewer, submerged in any stream, or installed in any other manner that will permit back-siphonage into the distribution system. (6) Plugging Dead Ends Item 1 - 12/19 (a) General. Insert standard plugs into the bells of all dead end fittings, cap spigot ends of fittings and plain ends of pipe. Capped or plugged outlets to fittings in sizes indicated by the Engineer shall be tied to the fittings with clamps and tie rods. The number and size of rods shall be specified by the Engineer The materials used shall be that specified in Appendix "A" Reaction and thrust backing at the fitting shall be as specified in plans and/or these specifications. (7) Reaction or Thrust Blocking: Reaction or thrust blocking shall be applied at bends and tees at plugs or caps where changes in pipe diameter occur at reducers or in fittings, and at valves,hydrants and blow-off assemblies. The size and shape of concrete thrust backing shall be provided by the Engineer (a) Material for Reaction or Thrust Blocking: 1) Concrete: Reaction or thrust blocking shall be of cast-in-place concrete of a mix having compressive strength of not less than 2,000 psi in 24 hours when using high early strength cement and 7 days when using standard cement. Blocking shall be placed between solid ground and the fitting to be anchored. The area of bearing on pipe and on ground in each instance shall be then required by the Engineer 2) The fittings on small mains shall be braced with short pieces of two (2) inch galvanized pipe or as directed by the Engineer 3) Restraint system shall be used to prevent movement when specifically directed by the drawings or the Engineer All non-PVC underground pressure pipe shall have "Uni-Flange", "PV-Lock", or approved equal restramts at all bends with fittings. (b) The reaction or thrust blocking at the bowl of each hydrant shall be so placed so as not to obstruct the drainage outlet of the hydrant, or the bowl of the hydrant shall be tied to the pipe main with rods as directed by the Engineer The size and shape of concrete thrust blocking or the number and size of tie rods shall be provided by the Engineer The material to be,used for thrust blocking and tie rods shall be as specified in plans and/or these specifications. 14 Lowering of Existing Mains. (1) When a main is to be lowered in order to conform with new construction, the initial excavation shall be done in such a manner as to permit the mains to rest on a number of dirt benches, or wooden blocks if soil conditions are unsatisfactory for the benches. The pipe shall then be supported by ropes, cables, or chain to overhead supports, the dirt benches or wooden block removed and the pipe slowly and evenly lowered into position. After the mains have been lowered, each damaged joint must be recaulked or repoured as directed by the Engineer Item 1 - 13/19 (2) Should the Contractor find rt necessary to completely or in part remove mains which are specified to be lowered, and relay them at a lower grade,he will receive compensation only for lowering the mains. 15 Taking Up Pipe. (1) Salvageable joint materials from each joint of the pipe must be removed and reclaimed for the Owner All corporation cocks shall be disconnected and the holes plugged with plugs furnished by the Owner before the pipe is raised from its original position. After raising the pipe from the trench, it shall be pulled apart at the joints and all foreign material removed from the bells and spigots. (2) Should the Contractor damage, or fail to properly reclaim any pipe,matenals, or appurtenances while removing the joints or in handling,he shall reimburse the Owner at the prevailing market prices. All removed materials are to remain the property of the Owner and shall be hauled to the Owner's storage yards. (3) The unit bid price for removing mains shall include the removal,the cleaning of exterior and connection surface and hauling to designated storage yards, of all fittings, valves, fire hydrants, and other appurtenances. 16. Work Orders for Extra Work. A standard form work order will be issued by the Engineer immediately upon completion of each item of authorized extra work. Should such orders not be issued,the Contractor shall file an estimate of the cost of the work with the Engineer within ten(10) days after the completion of same or his claim for extra compensation will be invalid. 17 Wet Connections and Taps. (1) Wet connections are to be made under the direction of the Engineer in such a manner and at such hours as to least inconvenience the public. When the existing mains have been cut or a plug removed for a connection, then the work of making the connection shall progress without interruption until complete. The compensation for making wet connections will be based on the unit prices for laying mains and no additional compensation will be granted for making connections at night or for having to complete a connection under unfavorable working conditions. (2) Whenever the Contractor accepts an incomplete shut-off of water, for a wet connection, there will not be any extra compensation for damages or extra work resulting from the incomplete shut-off. (3) Operation of all gate valves in the existing system or sections of the completed mains which are being used by the Owner shall be done only in the presence of the Engineer or his designated representatives. Item 1 - 14/19 18 Tests (1) Time for Making Tests. Tests shall be made only after completion of partial backfill as specified in the backfling section and not until at least 36 hours after the last concrete thrust or reaction backing has been cast with high early strength cement,or at least 7 days after the last concrete thrust or reaction backing has been cast with standard cement. Pipe lines shall be tested before backfilhng at joints, except when local conditions, in the opinion of the Engineer, are such that the trenches must be backfilled immediately after laying the pipe, in which case the pressure tests maybe made after backfilhng has been completed but before replacement of permanent paving. (a) Leakage tests of pipe shall be made only after the pipe has been filled with water for a minimum of 24 hours. (b) Where practicable, pipe lines shall be tested in lengths between line-valves or plugs of no more than 1,500 feet. (2) Procedure for Testing: Each section of pipe line shall be chlorinated just prior to testing. Each section of pipe line shall be slowly filled with water and the specified test pressure, measured at the point of lowest elevation, shall be applied by means of a test pump connected to the pipe, in a manner satisfactory to the Engineer The test pump,pipe connections and all necessary apparatus, gages and meters shall be furnished, installed, and operated by the Contractor, at his expense. (a) Expelling Air Before Tests. During the filling of the pipe and before applying the specified test pressure, all air shall be expelled from the pipe line. To accomplish this, taps shall be made, if necessary, at point of highest elevation, and after completion of the test the taps shall be tightly plugged unless otherwise specified. Taps and plugs will be installed by the Contractor under unit prices bid for extra work. (3) Pressure Tests. The line shall pass simultaneous pressure and leakage tests before house service connections are installed onto the main line. The test pressure should be 150% of the workingpressure at the point of the test. The duration of the test shall be eight hours. , The allowable leakage can not be greater than that determined by the following formula. NDIP L=7400 Where L= GPH (gallon per hour) N=Number of joins in test section D=Nominal diameter of pipe in inches P =Test pressure in psig Item 1 - 15/19 Sufficient backfill should be placed prior to filling with water and field testing to prevent shifting of the pipe due to pressure. The trenches should be backfilled immediately after the pipe has been laid since exposed pipe is subject to damage from falling heavy objects as well as subject to floatation from water inadvertently entering the trench. Testing should be camed out after backfilhng has been completed,but before placement of permanent surface. Be sure the test ends are braced and capped properly to withstand the thrust created by the pressure tests. The pipe line should be filled as slowly as possible to avoid any unnecessary surges. Open all hydrants to allow air inside the pipe to escape. The line should then be filled with water to static pressure, and all hydrants opened to allow air to escape. Allow line to sit under static pressure for at least 15 minutes. Open all hydrants again to allow any remaining air to be blown from the line, after which the line may be brought up to full test pressure. (b) Examination of Individual Joints for Leakage: All exposed pipes, fittings, valves, hydrants, and joints shall be examined for leakage during the test. Any joint found where the accumulated leakage of that joint exceeds the rate of leakage computed, shall be rejected by the Engineer All visible leaks at exposed joints, and all leaks evident on the surface where joints are covered, shall be stopped and leakage minimized, regardless of total leakage as shown by tests. 19 Backfilhng (1) The method of backfilling pipe trenches shall be as follows. (a) Sand backfill shall be hand placed and compacted by means of hand or mechanical tamping in layers not exceeding six(6) inches on both sides of the pipe simultaneously, from the top of the embedment material limit as specified, up to the spnngline of the pipe. (b) In the unpaved areas, the trench shall be backfilled from the springlme of the pipe to the surface with on-site spoil material as approved by the Engineer The backfill shall be placed in one foot increments and compacted to 95% standard density by means of hand or mechanical tamping. (c) In paved areas, the trench shall be backfilled with sand in layers not to exceed 6-inch from the springline of the pipe to 6-inch above the pipe and compacted to 95% standard density by means of hand or mechanical tampmg. From 6-inch above the pipe to below the concrete pavement or below asphalt base material, the trench shall be backfilled with cement stabilized sand (1 1/2 sk per cubic yard) and compacted to 95% standard density The backfill shall be placed in increments of one foot and compacted by the means of hand or mechanical tamping. (d) Restoration of Surfaces and/or Structures. 1) The Contractor shall restore and/or replace paving, curbing, sidewalks, gutters, shrubbery, fences, sod or other disturbed surfaces or structures to a condition equal to that before the work began and to the satisfaction of the Engineer and shall furnish all labor and material incidental thereto Item 1 - 16/19 2) The Contractor will replace all macadam surfaced streets,base, and surface of all streets having a concrete base, and monolithic concrete curbs,which have been removed. Concrete shall have 28-day strength of minimum 3,000 psi. In restoring improved surfaces, new pavement is required. No permanent surface shall be placed within 30 days after the backfillmg shall have been completed, except by order of the Engineer The expense of refilling the trenches, replacing roadways, and other surfaces and maintaining them during the period of the Maintenance Bond must be included in the unit price bid for laying the water mains. (2) Surplus Earth. All surplus excavated materials are to be disposed of by the Contractor,unless the Owner directs him to haul same to nearby property (a) Should the Contractor neglect to keep the excavated material from his trenches from mixing with that of other Contractors, the Engineer will be the judge as to who is responsible. The Engineer may order same removed at the expense of the Contractor (3) Deficiency of Backfill,by Whom Supplied. Any deficiency in the quantity of material for backfilling the trenches or for filling depressions caused by settlement, shall be supplied by the Contractor 20 Disinfection of Completed Lines. (1) Before being placed in service, and before certification of completion by the Engineer, all new water systems, or extensions to existing systems or valved section of such extension, or any replacement in the existing water system, or any exposed section of the existing system, shall be dis-infected according to the AWWA Standard C-651 (latest edition) (2) Sterilization of Mains. Liquid chlorine or H.T.H solution will be used as a sterilizing agent, and the Contractor will pay for all such materials and labor required for the application of this chemical and shall make and maintain the necessary excavations for tapping the mains and install the necessary taps. Water for such purposes shall be furnished without charge to the Contractor Retesting shall be done with purchased water 21 Use of Completed Sections of Mains. (1) The Owner shall be permitted to use and operate any sections of the mains which are in a satisfactory operating condition. The gate valves in such completed sections of mains shall not be operated by the Contractor unless under instructions from the Engineer (2) The use of the mains shall not be construed as an acceptance of same and the Contractor will not be relieved of any of his responsibilities for fulfilling the conditions of this contract unless the mains are damaged on account of negligence on the part of the Owner (3) The Engineer may order the Contractor to set additional fittings, valves, and Item 1 - 17/19 appurtenances other than those shown on the plans, at the time the mains are being laid. Payment for this extra work to be in accordance with unit prices included in the contract. 22. Measurements of Completed Mains. The mains will be measured along the axis of the pipe and shall include all fittings and valves, and appurtenances other than those shown on the plans, at the time the mains are being laid. Payment for this extra work to be in accordance with unit prices included in the contract. 23 Clean-up and Maintenance. (1) Clean-up (a) Contractor's equipment, surplus materials, and surplus earth shall be removed from the job, following the final test of mains and all street surfaces replaced to the satisfaction of the Engineer before the final estimate will be approved. (b) Surplus pipe-line material, tools, and temporary structures shall be removed by the Contractor All dirt,rubbish, and excess earth from excavations shall be hauled to a dump provided by the Contractor, and the construction site shall be left clean,to the satisfaction of the Engineer (2) Maintenance: The Contractor shall maintain all parts of the work done under this contract, or in any way affected through the execution of this contract in a satisfactory operating condition during the period of the Maintenance Bond unless it is the opinion of the Engineer that the Contractor was in no way responsible for said unsatisfactory condition. Should the Contractor be required to make repairs after the roadway surfaces have been replaced, either before acceptance of work or during maintenance period,he shall furnish and place all earth, shell or other roadway materials needed for restoring the streets to their conditions prior to making the repairs. Repairs of all types will be made by the Owner at the expense of the Contractor when it is apparent that the delay in serving notice to the Contractor will cause serious loss or damage. Should it be questionable that the Contractor will maintain a local office with an organization capable of making repairs during the period of the Maintenance Bond, the Engineer will require that the Contractor shall secure the services of a Resident Contractor with such an organization. The Contractor who is to handle the maintenance work shall notify the Engineer, in writing and prior to the payment of the final estimate, that he has accepted their responsibility of such maintenance. 24 Service Connections. (1) Plastic service connections shall be installed by the Contractor where directed by the Engineer The Contractor shall do all work and furnish all tools and material (except meter) for the completed installation, including all excavation and backfill, tapping the main, Item 1 - 18/19 corporation stop, plastic tubing, and curb stop and setting meter box. (2) All material shall be as prescribed under "Material Specifications" All work shall be done in a workmanlike manner using methods approved by the Engineer (3) Each service connection shall be paid for at the unit contract price for service connection. (4) Tapping Mains. (a) On PVC pipe the Contractor will use a tapping machine that pulls the coupon. (b) Saddles -Water Lines For PVC pipe use Vega bronze saddles with bronze bolts with standard thread, or equal, as approved by the Engineer 25 Location of Mains. Water lines shall not be installed closer than 10 feet to septic tank drainfields, where drainfields are in use. Item 1 - 19/19 ITEM 2 -TRENCHING AND SHORING SAFETY REQUIREMENTS 1 Scope: This section is intended to provide specifications for the minimum requirements for trench safety Trench protection for all trenches over five(5')feet in depth shall be accomplished by the Contractor i accordance with all provisions of PART 1926, SUBPART P - EXCAVATIONS, TRENCHING, AND SHORING, of the OCCUPATIONAL SAFETY AND HEALTH STANDARDS AND INTERPRETATIONS (OSHA), or any updated and subsequent version thereof. 2. Responsibility It is the sole duty,responsibility,and prerogative of the Contractor, not the Owner or Engineer,to determine the specific applicability of a trench safety system to each field condition encountered on the project. I will be the Contractor's responsibility to identify the soil type and to accurately adjust his trench safety methods according to the OSHA requirements. The Contractor shall indemnify and hold harmless the City,its employees,and agents, from any and all damages,costs(including without limitation,legal fees,court costs,and the cost of investigation),judgements or claims by anyone for injury or death of persons resulting from the collapse or failure of trenches constructed under this contract. 3 Method of Measurement and Payment: Trench excavation safety protection shall be measured by the linear foot of trench deeper than five (5) feet and paid at the unit price in the bid proposal. Trench safety for bore pits shall be incidental to umt bid price for the tench safety Special shoring requirements will be measured by the square feet of shoring used. Unless otherwise indicated, the basis of determining square feet of shoring will be as follows. Pipe: The length or width will be measured from center of the pipe to a point Three (3) to seven and one half(7.5) feet in each horizontal direction(longer dimensions are allowed if condition warrants) The height of the shoring will be measured from the top of natural grade to the bottom of pipe. Bid price is for the trench safety system, including but not limited to all benching, sloping, hauling, shoring sheeting, sheet piling, and all other incidentals necessary to provide the trench safety system as required. Structures Trench Safety for structures such as lift stations,manhole,and others shall be incidental to the unit price of that item. Item 2 - 1/1 APPENDIX "A" SPECIFICATIONS FOR MATERIALS FOR WATER MAINS AND APPURTENANCES 1 General. Materials and equipment shall be of standard manufacture for the required use. Where brands of material and types of equipment are called for in the specifications,they have been specified because of their quality or because their design is suited to the work. Where the term "or equal" is used,the Contractor may offer substitute items of material or equipment. The burden of proof of equality shall be upon the Contractor and the Engineer shall be the sole judge as to equality between specified items and substitutions offered. Those materials called out in bid documents supersede materials specified here. 2. Cast Iron Pipe- (4 Inch and Larger) a. Cast iron pipe shall be manufactured in accordance with Federal Specifications WW- P-421a, AWWA C106, or AWWA C108 Specifications. Centrifugal cast pipe shall have a metal thickness based on a tensile strength of 18,000 lbs.per square inch and modulus of rupture of 40,000 lbs. per square inch and shall be designed for five foot cover, trench condition B For any variation from the above physical strength values, there shall be a corresponding variation in metal thickness based in the formula in the Manual for Computation of Strength and Thickness of Cast Iron Pipe(A21 1-1939) as approved by the American Standards Association. b All pipe shall be Class 150 and shall be furnished with one of the following type joints. (1) Mechanical Joint(Type III), or Boltless Gasketed Joint Pipe similar to that known as "Bell-Tite", "Tyton", or "Fastite", or equal, as approved by the Engineer c. All cast iron pipe and fittings shall be tar coated outside and cement lined and seal coated inside per AWWA C104 Specification, except that the cement lining may be half thickness per Federal Specifications WW-P-421 a. d. All cast iron pipe, fittings,joints, and cement-lining shall be approved by Underwriters'Laboratory, and shall be accepted by the State Fire Insurance Commission for use in water distribution systems without penalty e. Prior to use of this material, the Engineer shall be furnished Manufacturer's Certificate in duplicate attesting compliance of materials with requirements of applicable specifications. APPENDIX A- 1/5 3 PVC Plastic Pipe- (1" to 16") _ a. All pipe and appurtenances shall bear the National Sanitation Foundation Standard No 14 Seal of Approval (NSF No 14) for thermoplastic materials,pipe, fittings, valves, traps and joining materials. (1) 1" through 3"piping shall consist of polyethylene(PE)pressure pipe, tubing and fittings meeting ASTM D2737 and ASTM D2239 and all standards as set forth in The latest edition of AWWA C901 (2) 4" through 16" piping shall conform to ASTM D1784 specifications for rigid Poly(Vinyl Chloride) (PVC) compounds, ASTM 12454-B (PVC1120) material requirements, and ASTM D2241 specifications for PVC plastic pipe (SDR-PR). The pipe shall have a wall thickness of DR 18 and meet all standards as set forth in the latest edition of AWWA C900 or C905 b Joints shall be elastomenc-gasket bell-end pipe and meet ASTM D3139 requirements for proper design and performance of jomts. Elastomenc gaskets shall be manufactured to conform with the requirements of ASTM F477 c. Prior to use of this material, the Engineer shall be furnished with the Manufacturer's Certificate in duplicate attesting compliance with specification requirements. 4 Cast Iron Fittings (4" and Larger) a. Fittings for cast iron and PVC pipe shall be standardized push-on or mechanical joint fittings for Class 150 pipe with joints in accordance with AWWA C111 Specifications. b Cast iron fittings shall be tar coated outside and cement-lined and seal coated inside per AWWA C104 Specifications except that cement lining may be half thickness per Federal Specification WW-P-421 a. 5 Ductile-Iron Pipe and Fittings a. Ductile-iron pipe and fittings shall be manufactured in accordance with ANSI Standard A21 51 (AWWA C151) Specifications. The mechanical or push-on joint shall also conform in all respects to ANSI Standard A21 10 (AWWA C111) of latest revision. b All fittings shall be capable of withstanding, without bursting,hydrostatic tests of 3 0 times the rated water working pressure. APPENDIX A - 2/5 c. All ductile-iron pipe and fittings shall be tar coated outside and cement lined and seal coated inside per AWWA C104 Specifications. The outside coating shall be bituminous coating approximately 1 mil thick. The coating shall be applied to the outside of all fittings, unless otherwise specified. d. Prior to use of pipe the Engineer shall be furnished manufacturer's certificate in duplicate covering compliance of materials with these specifications. e. All non-PVC underground pressure pipe shall have"Um-Flange", "PV-Lock", or approved equal restraints at all bends with fittings. 6 Fire Hydrants. a. Each fire hydrant shall have a 5"minimum valve opening and shall be furnished with 3 outlets, each with screw cover Sizes and threading of outlet covers shall be as specified by the Owner The centerline of the lowest outlet shall be at least 18" above ground level. Operating nut shall be bronze and shall open valve by turning to the left or counter- clockwise. Fire hydrant shall be furnished with 4-foot bury, or as required by the profile in the plans. Inlet connections shall be as required, for the type of pipe leads. b All fire hydrants shall conform to the specifications of the AWWA, suitable for bury as indicated on the plans. Standard hydrants shall be 5-1/4 inch valve opening, and shall have two hose connections 2-1/2 inch diameter, and one steamer connection. Hose connection threads shall be National Standard Board of Fire Underwriter for 2- 1/2" connections and 4-492 for steamer connection(old City of Houston) Standard hydrants shall have a 6-inch bottom bell connection and shall have a flanged joint above the ground line and shall be so constructed that water will not be wasted in case of damage to barrel. All hydrants shall have one coat of primer and one coat of finish, color of which is to comply with City Standard. Fire hydrants shall be located as shown on the plans. In no case shall a fire hydrant be located within nine (9) feet of a sanitary sewer c. Fire hydrants shall have a weather cap or other suitable device to prevent water from entering bonnet section of valve. d. Fire hydrants shall have provision for lubricating stem threads and other working parts and bearing surfaces. The main valve of the fire hydrant shall be balata, leather or other suitable material where it bears on metal seats. APPENDIX A- 3/5 e. Fire hydrant shall be of a compression type which closes with line pressure. Nozzles shall be of the breech locked or screwed type. f. Fire hydrant shall have a safety flange at or near ground level to minimize damage from vehicular impact and the hydrant shall be so constructed that the main valve will remain closed if fire hydrant is broken at safety flange. g. Fire hydrants shall be Mueller Super Centurion 200 w/6"P 0 Shoe, or approved equal h. Fire hydrant shall be painted per color code provided in standard waterline detail sheet. 7 Gate Valves. Gate valves shall conform to the latest American Water Works Association Standard C502 Specifications for ordinary Water Works Service. Gate valves shall be of a. resilient seat type having double discs,parallel seats and discs shall be bronze mounted. Gate valves shall be of the non-rising stem type. Stems shall be bronze with Acme threads. Seat rings shall be bronze. Body shall be of a high grade cast iron. Gate valves shall be furnished with connecting ends as applicable to the type of pipe being used. Valves shall operate counter-clockwise to open. All valves installed m mains under this contract shall be of the same make, and shall be Mueller(A-238-24 for AC pipe and A-2380-37 for PVC pipe) or Dresser or equal. 8 Tapping Sleeves and Valves a. Tapping Sleeves shall be Mueller No H-611 or H-619 for AC pipe and H-615 for cast iron pipe. Tapping sleeves for other types of pipe shall be as required by AWWA Specifications. b Valves shall be Mueller Company's No H-667 or equal or as required by AWWA specifications. 9 Gate Valve Boxes. Gate valve boxes shall be adjustable Tyler Foundry's Item 6890-A or equal. 10 Cold Water Service Meters -Displacement Type: a. Cold Water Service Meters for service connections shall be Positive Displacement type with magnetic drive as manufactured by Rockwell Manufacturing Company, Badger Meter Manufacturing Company,Neptune Meter Company or approved equal. b Meters shall conform with AWWA Standard C-700 with the following additions or deletions APPENDIX A - 4/5 (1) Registers shall be hermetically sealed type reading in U S Gallons and carry a 10-YEAR GUARANTEE against defective parts or workmanship In the event of the failure for the above reasons the entire register gear tram unit will be replaced, not just the defective part. (2) Measuring chambers shall be of Nickalloy or Penton to be inert to corrosion and electrolysis. (3) Water meters to be all bronze case,bolts, screws with SN No on lid and with heat treated glass in register face. Meters to be "Top of the Line" Meters will be supplied with bronze coupling tailpieces, coupling nuts and leather washers. (4) Sample meters shall be submitted together with pressure loss curves for each size of meter required, and parts price list with applicable purchase discount to be effective for a period of twelve months after delivery of meters. 11 Water Meter Boxes. Meter boxes shall be NDS Model No D15AMR2-DISB, or approved equal. Boxes shall be compatible to Neptune Pro-read. APPENDIX A- 5/5