Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
R2003-0033 02-24-03
RESOLUTION NO. R2003-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE CONSTRUCTION OF MISCELLANEOUS ROAD IMPROVEMENTS, GROUP 2 IN CONNECTION WITH THE MOBILITY AND DRAINAGE BOND PROGRAM (CULLEN AND DIXIE FARM ROADS). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City opened bids for construction services associated with the construction of the Miscellaneous Road Improvements, Group 2, and such bids have been reviewed and tabulated. Section 2. That the City Council hereby awards the bid to W. T. B¥1er Co., in the amount of $716,000.00. Section 3. The City Manager or his designee is hereby authorized to execute a contract for the construction of the Miscellaneous Road Improvements, Group 2. PASSED, APPROVED and ADOPTED this the 24th day of February , A.D., 2003. ATTEST: S[~'RETARY ~/ APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR Turner ollieradon Inc. Engineers • Planners • Project Managers February 3, 2003 Mr. Joe Wertz Projects Director City of Pearland 3519 Liberty Pearland, TX 77581 P.O. Box 130089 Houston, Texas 77219-0089 5757 Woodway 77057-1599 Tel: (713) 780-4100 Fax: (713) 780-0838 TC&B Project No. 052.511256.0007 Re: Mobility and Drainage Bond Program Miscellaneous Road Improvement Projects - Group 2 Dear Mr. Wertz: Sealed bids were received on January 29,2003 on the above referent project by the City of Pearland Purchasing Office Bids were received from three contractors. The bids received are shown on the attached Bid Tabulation. After tabulation and review of the bids received, it is our recommendation the project be awarded to the low bidder W.T. Byler Co. based on their bid of $716,000.00. Sincerely, Wegra M. R. McCrary, P.E. Project Director Enc: cc: Craig Hester Established in 1946 Engineering Excellence for Over One -Half Century AN A E COM COMPANY m 716,000.00 W. T. BYLER CO. 779,671.00 SILVA, INC. 853,135.00 * TEXAS STERLING • H • - H Z u) O n m O w x H F U z H -o au H H ma CO N 0 aHI U H 0 rn O O H H O o U N O W CO h o • O. ao az COq ryUo ry'' CHA P o CO • II Z N H • 41 41 0 Sao aoto ut O H q zu�Z zo - a0H Z U r7 CO U x zH U a a DESCRIPTION 10000.00 10000.00 68000.00 68000.00 60000.00 60000.00 0 0 0 0 N 0 0 0 0 H 0 0 w 15000.00 15000.00 11000.00 11000.00 o O 0 0 o 0 o 0 w o M M 35750.00* o 0 0 o 0 0 l N o r H o H 0 M 0 0 0 0 0 0 0 0 D N H M 0 CO 24750.00 0 0 0 0 0 o O O 0 o 0 o O o 0 0 0 In O o 0 rn In a0 . in H N H H H In ▪ • N 17500.00 0 0 0 0 m o a m 33000.00 0 41400.00 20700.00 0 0 0 0 0 0 0 o in o 20700.00 0 0 0 0 0 0 0 03 0 N H 0 0 o \0 0 m 17480.00 o In o O O 0 0 0 M N H a N o In O 0 in 0 N o H 0 0 0 p u) O O N N M CO N W w gtu) W W N N G. W .i w 1-3 a a u u a a a u MOBILIZATION, • H H a x O H H H fa z� 0 wa OH N Lsza CO Ha 0 CO H a wa HHH Z oaq aZZ°u �" oat u ova c0zu H!y' W a wH aH 0wu a a--- 0 H> OZ0 - wac) s a u1 a H CO WuIO >£Z H> W U 0 H Wu)wU Z ZZ QHa a0C UP >a awes 04 = CO P Z0 H O a et a H H H >4 !f. U F M /� a O u1 u) U CH-) Z w U u} co CO z a W H C7 W z O u1 [x1 0.0.0. r.� HZH HcnHa COCO a Ca wQ ouw sGI w 3IA a�xm aw OH)v aCO a H R w 0 cO co Fz'I o Ew'I m W U coW Fi H N ut • o N m z 0 • 1' E H • N a 0H O co cn O HI H H O O U N 0 W Oa a0z az [gym qU z o O N oz�o; N H K N nW o roc 13 O W to O • H z u• w zz co H W H a o H Z U h OPENED - J U H H a a• La z H 0 m H m m 0x La F H z • H 2 -0 1 O au H Cd O uH Lz - az No Pq EH CO F• a 0 W U a a H W U a a 0 U a a 8 zH DESCRIPTION C4 N H 14400.00 0 O 0 40 13680.00 O O 0 0 12600.00 a N In 0 N 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 of 0 0 0 0) t0 0 H 0 0 0 CA 34300.00 0 0 28700.00 0 0 CO W a 0 0 0 0 0 0 O to H 0 0 0 0 0 0 0 W 0 0 rl to cc) a H H H H H H H H H H H H (a'] 0 x m a cn a) m o 0 0 1 o 0 o 1 u xu U0U Uau 04U Q 3 DI Q3 al A3 -°H' 03 -a W W to U W W 4o U W W io U W W 0 0 Umr 0)00 Um 0 umr O 00F 0Ocn0 z0)0H z000 H E H 0 H F H 0 H H H a H H E a N 004 0a0Pa r0iaUfrl RC wa)04 0 • r H a 0 O 0 0 to 0 0 0 to N 0 0 w r0l O 0 0 0 0 0 40 rn to N co N 11500.00 0 O 0 O N 0 0 0 0 O, 0 0 CO 0 0 0 0 cn 0 0 0 0 a 0 0 to rn in 0 m 0 m 0 m 0 N N ON rl • 0 W W 9Ha 0 U W Ca0 F F 0 a N Q w cn Witc 3 u a w m a H o 0) m0 al 0 to ri z 0 H P] 04 0 0In 00 0 f1 O rl 0 0 N O W •o oz [� F CaM w° S O O PROJECTS 0 N 0 F w U a O U a a r F zF DESCRIPTION 0 0 0 0 11400.00 0 0 0 0 0 10000.00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o n 0 o w w CO o o O o 0 0 0 0 0 o 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 o O o O O O O 0 Ul of W Ol o o co o N W HI ri M In N H O O O 0 0 0 0 O O o O O O O O O O O 441 O 0 O 111 O O O O O 0 COW en 01 totn W 0 In a0 r rl k0 10 v1 O t7 N \0 D r H r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 Ifl U) ul of O 0 0 r1 r-I f-I .-1 CO N l0 lff r rl ,-/ CO 01 rl In en r-1 O O 0 0 0 0 0 0 0 O O O O O O O O O • 0 0 0 ill 0 0 0 0 0 Ifl o o N o • In o 0 1n m W r. M 0 W rl HI W N 1n en of r-1 H o 0 0 0 0 0 0 0 0 0 o 0 o 0 0 0 0 0 o o O Vl 0 1n of o 0 V1 0 11.1 N 0 N N lfl 1n W Of H N N N 1n d' 1-4 W .o1 ko r1 N r.4 W w W W r1 w W W w w W W F F F F F �U �U 40 4U 44U co co co 0) co z , z " z • z H z to w W w w k0 w qo w W = w = w = w = w co NH rnE refF wF r oo of 0 H N rl W Ifl H r/ rl N N N N N N 0 N a 0 a• � rn H O H O 0 WNm O O • O xOz azH cnnU W PH0 £ z A O a £ N o • O 0 tn Cn Wu�z w 4z zCal o �a0F £ U h CO 0 0 N H 0 H 0 U a H O DESCRIPTION W H 0 0 0 O N 0 0 0 tn W 0 0 0 0 0 tn en W 0 N 0 0 O N 0 O • In N en 0 ; CO 0 0 0 0 0 • 0 0 CO N 0 0 0 0 CO 0 O 0 0\ 0 0 0 H m 0 In 0 0 0 CO 0 0 0 0 0 H ri 0 0 0 O 0 0 0 N Ln 0 a H N N N H m 0 O 0 0 m 0 0 a 14950.00 0 0 0 0 ON 0 w 0 ref N F a 0 cn al OH • cn 2uW q n o 0 • 0 15000.00 0 0 0 M 17500.00 0 0 M O 0 0 N tri M a 83025.00 tn 0 H 68850.00 0 49410.00 0 0 z H £ -" a Cl W H W O 0 o cn XN H 041 Z H N r. diU 'D Q) u M 249600.00 0 O CO 220220.00 M N 0 0 0 CO 0 0 0 0 Lel z 0 w z 0 (q N 0 aN uH 0 W 0 H H N O ONO h • o • 0 aoz az E zwrao N U a £ 0. N (] W o 0ao�h • 1-4 Z O r W ui w wzO W • H W fa N a O £ u h H H 02 H m a 0 0 U a U a DESCRIPTION £ W H W M 78650.00 O in 63525.00 0 O in 0 0 N 55800.00 0 O M 45000.00 0 0 O r1 12000.00 O O 0 M 0 0 0 0 CO 0 0 0 O w CO tfl M 0 w 0 0 0 0 0 O 0 N 0 0 tn H O 0 In M £ F co W 0 u HU N M 10000.00 10000.00 62250.00 62250.00 O 0 O • 0 65000.00 f-1 54000.00 O N H N 0 10350.00 0 0 0 m Cu a PAVEMENT 0 *Cr 0 O 0 w O M 0 tn O 0 0 144 0 N O a O 0 CO 0 N to O 0 0 m ri w 0 w 0 rn a a H H a • wz H O O H cn cn 0x W w k •H z O aU H H to a O U k 1 H a H N O F to F 1 cn 0 El F 3 PROJECTS 0 H 0 0 N O >4 r Pi a a 0 o DH1 H ZOr1 W n w W H Z O I-4 cn ,q 1 O HaH £ U Pp W 0 0 U w N H F a DESCRIPTION W H o 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 to o in in O o in t0 N in O co N N r co In M N N 0 M H rl H 0 0 0 0 o to o 0 In O O O N M in 0 to U) to 0 o N H cn O M o 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CO t0 in to m O N in m N al w in 0 0 r r+ H H H H o O O O 0 O O 0 o 0 0 o m o 0 0 in w o 0 o r-i in in H in to H N H H H o o in in o 0 0 0 M di 0\ 0\ O O N N M CO N N d1 0 M O W 0 0 0 M N N M in W in in N • H ri co H H H ri H rl N to U1 W N t0 O r H t0 to m r+ r r to o r r o ri to m N O 0 r M rl H H 0 N O m m O 0 N 0 0 H o in ri Cu W W W a a w a W W H w X a o 2 3 2 z W 0 H Z0 £q DI W z DIPI 4 4 � W >a >14 9° U a0 PI IX 0cn a r Co aO �o PI CO a aUryH a - HHWzoH q pnH-4 aHUi-�a EI xa zHNa N4i-+�a z a a a H.-iH El - H0H Et H 3H U HH m� U mom- - cn--U cn-- U--U U---- 0 H a CU 10 • 1mZ 1m • 1m HI - wm • CXElC) a pi a0H ao-� aO X0-- X0-- gz- HUr Oz3 OZ1-1 ()Zen oz z3 Ha X a IX Oa s H t4p HzX 3 8. F x x=>W2a aW NH H7 E-i cn m Wm ?i N 1-1 H .NWWHC N M w 'Cr to W r W m W O U x 0 O H m m H F � H m N a 0 0 a In O 0 0 CI) O H N o U N O W m aozz az [zmH0 z I z N �In8 • PI • IS aoPIC E a• o oh Ln Zvtn W Al• 2 Z co Hm0 H a 0 H zuhm 0 U a U H poi a U 04 a a DESCRIPTION z H o 0 0 0 0 0 0 o 0 0 0 0 0 0 co 0 0 0 0 0 0 pp 1n In O O in 0 H CO m N 0 N W H H to o 0 0 0 0 0 0 0 0 0 0 In In CO • H LP Ill to N m 0 M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 • 0 CO 0 0 0 0 in N CO 0 W 0 n4 N O t+l (- o in N H H (Hl O 0 0 0 0 0 CO o O If/ 0 l0 0 H to Lc) Ifl Ifl (V m O N H o 0 0 0 0 0 0 N N In 0 0 0 0 co 0 o h o in o rn W rH/ r o N co m H Cr N m 0 N H I H mml o H LP Li) 0 Ifl H N N H in 0 0 N • T V) V) III N N 0 rn 0 H 0 0 0 0 0 N w 0 0 0 1-4 W In O m U H H a H [.0 U Al CAw o S HaH PiH �w Ca H Pt 1zi H W O E CA ~ W AI >4 W N U z U az a2Z �Npl (p r. cq WOt £ v cavil al z H 0 0 0 M W HH' - U _ W gW k W' a H W m 'yI wH Ell • a FILTER FABRIC FENCE, CIP N l W Ifl P n N in H w a CD 56. HYDROMULCH SEEDING, CIP 853135.00 779671.00 716000.00 Res( 20 )3 MOBILITY AND DRAINAGE BOND PROGRAM MISCELLANEOUS ROAD IMPROVEMENT PROJECTS GROUP 2 CONTRACT DOCUMENTS CITY OF PEARLAND, TEXAS DECEMBER 2002 TurnerCollie0Braden Inc. Engineers • Planners • Project Managers I.IIeftif; - I JV VW I D T LCIl-. DATE (MM/OD/YY) 02/26/2003 ACORDTM CERTIFICATE OF LIABILITY INSURANCE PRODUCER US' Insurance Services of TX P.O. Box 218060 Houston, TX 77218-8060 1 496-3400 INSURED W. T. Byler Co., LP 15203 Lillja Road Houston, TX 77060 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: Zurich American Insurance Company INSURER B: National Union Fire Ins. Co. of PA INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED I0 It'it INJUNCu INt%IVICv riovVL r...I, „IL..1.,.,.,I 1 ".n.. _•..•...,.... DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR OR CONDITION OF ANY CONTRACT OR OTHER ANY REQUIREMENT, TERM MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH INSR TYPE OF INSURANCE POLICY NUMBER ' POLICY EFFECTIVE DATE (MM/DD/YY) POLICY DATE EXPIRATION (MM/DD/YY) _ LIMITS LTR 06/20/02 06/20/03 EACH OCCURRENCE $1,000,000 GL03437489 A GENERAL LIABILITY I FIRE DAMAGE (Any one fire) $100,000 X COMM ERCIAL GENERAL LIABILITY MED EXP (Any one person) $5,000 CLAIMS MADE X OCCUR PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 PRODUCTS -COMP/OP AGG $2,000,000 GEN'L AGGREGATE LIM ITAPPLIES PER: POLICY I X I JECOT X 1 LOC — 06/20/02 06/20/03 SINGLE LIMIT A AUTOMOBILE LIABILITY TAP3437490(TX) COMBINED (Ea accident)• $1 r 000 000 BAP3437491(LA) 06/20/02 06/20/03 A X ANY AUTO BODILY INJURY ALL OWNED AUTOS (Per person) $ SCHEDULED AUTOS • BODILY INJURY X HIRED AUTOS (Per accident) X NON -OWNED AUTOS • • PROPERTY DAMAGE accident) • (Per AUTO ONLY - EA ACCIDENT $ GARAGE LIABILITY • OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ 06/20/02 06/20/03 EACH OCCURRENCE $5,000,000 B EXCESS LIABILITY BE1396717 AGGREGATE $5,000,000 X OCCUR CLAIMS MADE $ DEDUCTIBLE • X WC3437492 06/20/02 06/20/03 X ORY LAMITS 'OTH- ER A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 A OTHER TAP3437490(TX) 06/20/02 06/20/03 Actual Cash Value A Auto Physical BAP3437491(LA) 06/20/02 06/20/03 $1,000 $1,000 Ded Ded Comp. Collision DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS No. 3210869007; Policy Period: 6/20/02-03; Limits: Fire Insurance Company; Policy Contractors Equipment -Company: U.S. Maximum, Deductible: $25,000 Item/$1,000,000 Hired Waiver Equipment of Subrogation $500,000 (all Per policies except Contractors Equipment) & Additional Insured (all policies except Workers' (See Attached Descriptions) HOLDER I I ADDITIONALINSURED;INSURERLETTER: CANCELLATION CERTIFICATE City of Pearland SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30__ TH E EXPIRATION DAYS WRITTEN 3519 Liberty Drive NOTICE TOTHE CERTIFICATE HOLDER NAM EDTOTHE LEFT, BUT FAILURE TODOSOSHALL Pearland, TX 77581 IM POSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZZEED REPRESENTATIVE el• ACORD 25-S (7/97)1 of 3 #S128832/M115209 103 © ACORD CORPORATION 19E IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. • • • ACORD25-S(7/97)2 of 3 #S128832/M115209 DESCRIPTIONS (Continued from Page 1) Compensation and Contractors Equipment) is provided in favor of the Certificate Holder as required by written contract, but limited to the operations of the Named Insured. All policies are primary over any other valid and collectible insurance available to the Certificate Holder. • • • AMS 25.3 (07/97) 3 of 3 #S128832/M115209 MOBILITY AND DRAINAGE PROGRAM MISCELLANEOUS ROAD IMPROVEMENT PROJECTS GROUP 2 • • CONTRACT DOCUMENTS CITY OF PEARLAND, TEXAS ,. 1°SN 0• •••• Is 9 - .• i JAMES W KELI. 71721 DECEMBER 2002 TurnerCollieBraden Inc. Engineers • Planners • Project Managers to CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 TABLE OF CONTENTS PROJECT MANUAL MOBILITY AND DRAINAGE BOND PROGRAM MISCELLANEOUS ROAD IMPROVEMENTS PROJECTS - GROUP 2 DECEMBER 2002 DIVISION 0 BIDDING AND CONTRACT REQUIREMENTS Section No, Title 00001 00003 00004 00020 00100 00220 00300 00315 00500 00610 00620 00700 00700-A 00700-B 00800 00811 DIVISION 1 Title Page Table of Contents List of Drawings Invitation to Bid Instructions to Bidders Geotechnical Information Bid Bid Bond Agreement Construction Performance Bond Construction Payment Bond General Conditions of Agreement Attachment No. 1 to General Conditions Attachment No. 2 to General Conditions Supplementary Conditions Wage Scale for Engineering Construction GENERAL REQUIREMENTS Section No, Title 01100 Summary of Work 01140 Contractor's Use of Premises 01200 Measurement and Payment 01290 Change Order Procedures 01310 Coordination and Meetings 01350 Submittals 01420 Reference Standards 01430 Contractor's Quality Control 01440 Inspection Services 01450 Testing Laboratory Services 01500 Temporary Facilities and Controls 01505 Mobilization 01550 Stabilized Construction Exit 01555 Traffic Control and Regulation 01560 Filter Fabric Fence 01562 Waste Material Disposal No. of Pages 1 2 3 2 8 1 11 2 7 4 4 31 4 7 23 3 No. of Pages 18 3 3 5 3 7 4 2 1 2 10 1 4 4 4 2 00003 -- Page 1 of 2 Table of Contents CITY OF PEARLAND Section No. Title Miscellaneous Road Improvement Projects - Group 2 No. of Pages 01563 Tree and Plant Protection 01564 Control of Ground Water and Surface Water 01565 NPDES Requirements 01566 Source Controls for Erosion and Sedimentation 01570 Trench Safety System 01580 Project Identification Signs 01600 Material and Equipment 01630 Product Options and Substitutions 01720 Field Surveying 01730 Cutting and Patching 01750 Starting Systems 01760 Project Record Documents 01770 Contract Closeout SUPPLEMENTAL TECHNICAL SPECIFICATIONS Section No. Title 02763 Traffic Paint (Water Based) 16700 Traffic Signal Modification DIVISION 2 — SITEWORK through DIVISION 16 — ELECTRICAL See Mobility and Drainage Program Standard Technical Specifications 4 8 10 4 4 10 3 3 2 3 2 2 2 No. of Pages 6 4 00003 — Page 2 of 2 Table of Contents CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 LIST OF DRAWINGS Sheet No. Title 1. Cover 2. General Notes 3. Overall Layout Cullen/Hughes Ranch and Cullen Brookside 4. Overall Layout Dixie Farm/McGinnis and Dixie Farm/McDonald 5. Survey Control Map 6. Plan and Profile Cullen/Brookside 7. Plan and Profile Cullen/Brookside 8. Plan and Profile Cullen/Hughes Ranch 9. Plan and Profile Cullen/Hughes Ranch 10. Plan and Profile Hughes Ranch/Cullen 11. Plan and Profile Hughes Ranch/Cullen 12. Plan and Profile Dixie Farm/McGinnis 13. Plan and Profile Dixie Farm/McGinnis 14. Plan and Profile Dixie Farm/McDonald 15. Plan and Profile Dixie Farm/McDonald 16. Typical Roadway Sections for Cullen at Brookside and Hughes Ranch Rd. 17. Typical Roadway Section for Cullen at Hughes Ranch Rd. 18. Typical Roadway Section for Dixie Farm/McGinnis and Dixie Farm Rd. at McDonald 19. Storm Sewer and Miscellaneous Details 20. Storm Water Pollution Prevention Plan 21. Storm Water Pollution Prevention Plan 22. Cut and Fill Sections Cullen/Brookside 23. Cut and Fill Sections Cullen/Hughes Ranch 24. Cut and Fill Sections Hughes Ranch/Cullen 25. Cut and Fill Sections Dixie Farm/McGinnis 26. Cut and Fill Sections Dixie Farm/McDonald 27. Traffic Control Plan for Cullen/Brookside Phase I & II 28. Traffic Control Plan for Cullen/Brookside Phase III 29. Traffic Control Plan for Cullen/Hughes Ranch Phase I & II 30. Traffic Control Plan for Cullen/Hughes Ranch Phase III 31. Traffic Control Plan for Dixie Farm/McGinnis Phase I 32. Traffic Control Plan for Dixie Farm/McGinnis Phase II & III 33. Traffic Control Plan for Dixie Farm/McDonald 34. Pavement Marking Layout Cullen at Brookside 35. Pavement Marking Layout Hughes Ranch Rd at Cullen 36. Pavement Marking Layout Cullen at Hughes Ranch Rd. 37. Pavement Marking Layout Dixie Farm Rd. at McGinnis 38. Pavement Marking Layout Dixie Farm Rd. at McDonald 39. Typical Standard Pavement Markings PM (1) - OOA TRAFFIC SIGNAL DRAWINGS 40. General Notes - Traffic Signals 41. Existing Traffic Signal Layout - FM 865 (Cullen) at CR403 (Hughes Ranch Road) Project No. 052511256.0007 00004 - Page 1 of 3 LIST OF DRAWINGS CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 42. Prop Traffic Signal Layout - FM 865 (Cullen) at CR403 (Hughes Ranch Road) (Sheet 1 of 2) 43. Prop Traffic Signal Layout - FM 865 (Cullen) at CR403 (Hughes Ranch Road) (Sheet 2 of 2) 44. Signal Elevation -Northbound View - FM 865 (Cullen) at CR403 (Hughes Ranch Road) 45. Signal Elevation-Southbound View - FM 865 (Cullen) at CR403 (Hughes Ranch Road) 46. Signal Elevation -Eastbound View - FM 865 (Cullen) at CR403 (Hughes Ranch Road) 47. Signal Elevation -Westbound View - FM 865 (Cullen) at CR403 (Hughes Ranch Road) 48. Existing Traffic Signal Layout - FM 865 (Cullen) at CR106 (Brookside Road) 49. Prop Traffic Signal Layout - FM 865 (Cullen) at CR106 (Brookside Road) 50. Signal Elevation -Northbound View - FM 865 (Cullen) at CR106 (Brookside Road) 51. Signal Elevation-Southbound View - FM 865 (Cullen) at CR106 (Brookside Road) 52. Signal Elevation -Eastbound View - FM 865 (Cullen) at CR106 (Brookside Road) 53. Signal Elevation -Westbound View - FM 865 (Cullen) at CR106 (Brookside Road) 54. Basis of Estimate 55. General Notes -Temporary Traffic Signals 56. Temporary Traffic Signal Layout Phase I - FM865 (Cullen) at CR403 (Hughes Ranch Road) 57. Temporary Traffic Signal Layout Phase III - FM865 (Cullen) at CR403 (Hughes Ranch Road) 58. Temporary Traffic Signal Layout Phase I, II and III - FM865 (Cullen) at CR106 (Brookside Road) STANDARD DRAWINGS 59. Traffic Signal Installation Typical Details WZ (BTS-1) - 99 (Sheet 1 of 2) 60. Traffic Signal Installation Barricades and Signs WZ (BTS-2) - 99 (Sheet 2 of 2) 61. Work Zone Channelizing Devices on Flexible Supports WZ (CD) -94 62. Electrical Details - Conduit ED (1) - 00 63. Electrical Details - Conductors ED (2) - 00 64. Electrical Details - Ground Boxes ED (3) - 00 65. Signal Details/Standards Construction Details - Hou Dist 66. Signal Details/Standards Loop Detector Details - Hou Dist 67. Signal Details/Standards Overhead Street Name Sign Mounting Details - Hou Dist 68. Barricade and Construction Standards BC (1) -03 69. Barricade and Construction Standards BC (2) -03 70. Barricade and Construction Standards BC (3) -03 71. Barricade and Construction Standards BC (4) -03 72. Barricade and Construction Standards BC (5) -03 73. Barricade and Construction Standards BC (6) -03 74. Barricade and Construction Standards BC (7) -03 75. Barricade and Construction Standards BC (8) -03 76. Barricade and Construction Standards BC (9) -03 77. Barricade and Construction Standards BC (10) -03 78. Barricade and Construction Standards BC (11) -03 79. Barricade and Construction Standards BC (12) -03 Project No. 052511256.0007 00004 - Page 2 of 3 LIST OF DRAWINGS CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 80. Position Guidance Using Raised Markers Reflectorized Profile Markings PM (2) - OOA 81. Standard Pavement Markings (Arrows) PM (6) —01 82. TxDOT Two Way Roadway Intersection Overlay & Typ. Advance Signing 83. Metal Beam Guard Fence Details 84. Precast Safety End Treatment Details Project No. 052511256.0007 00004 — Page 3 of 3 LIST OF DRAWINGS CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 INVITATION TO BID CITY OF PEARLAND MOBILITY AND DRAINAGE BOND PROGRAM Sealed BIDs will be received, in duplicate, referencing the following project in the office of the Purchasing Officer, the City of Pearland, City Hall located at 3519 Liberty Drive, Pearland, Texas, 77581, until 3:00 p.m., January 29, 2003, at which time they will be publicly opened and read aloud for the construction of: PROJECT TITLE: Miscellaneous Road Improvements Project — Group 2 Project No.: 052511256.0007, BID No. B2003-015 BIDs received after the closing time will be returned unopened. General Contractors are required to attend a pre -bid conference for this project The pre -bid conference will be held on January 22 2003 at 3 00 p.m. local time at the Pearland City Hall, first floor conference room. The project will entail construction of: Widening, roadway and drainage improvements, and related work at the following locations: the intersections of Cullen and Brookside, Cullen and Hughes Road, Dixie Farm and McGinnis, and Dixie Farm and McDonald. 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 F. W. Dodge/McGraw Hill Information Services City Hall 4101 Greenbriar, Suite 320 3519 Liberty Drive Houston, Texas 77098 713-529-4895 Pearland, Texas 77581 281-652-1600 Associated General Contractors of America Inc Associated General Contractors of America Inc. 3825 Dacoma Street 2400 Augusta, Suite 180 Houston, Texas 77092-8717 713-843-3700 Houston Texas 77057 713-334-7100 Turner Collie & Braden Inc. 5757 Woodway, Suite 205 Houston, Texas 77057 713-780-4100 Bid documents may be obtained from the office of the Program Manager, Turner Collie & Braden Inc., 5757 Woodway, Houston, Texas 77057, 713-780-4100. The City of Pearland Mobility and Drainage Program Standard Technical Specifications may be purchased for the amount of $40.00. Contract Documents and Plans may be purchased for the amount of $50.00. Make all checks payable to Turner Collie & Braden Inc. The amount of the purchase will not be refunded. Project No. 052511256.0007 00020 — Page 1 of 2 INVITATION TO BID CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 No bid may be withdrawn or terminated for a period of ninety days subsequent to the bid opening date without the consent of the City of Pearland. Bonds: Bidder's Bond Cashier's Check, or Certified Check payable to the City of Pearland in the amount of 5% of the total base bid price must accompany each proposal The successful bidders must furnish Performance and Payment Bonds as required by law (Article 5160, Vernon's Texas Civil Statues, 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 in the current list of "Treasury Department Circular No. 570," payable to the City of Pearland, Texas. Equal Opportunity in Employment: All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The City of Pearland reserves the right to reject any or all bids, or to accept any bid deemed advantageous to the City of Pearland. Gordon Island Purchasing Officer Project No. 052511256.0007 00020 — Page 2 of 2 INVITATION TO BID CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 INSTRUCTIONS TO BIDDERS 1. Defined Terms Terms used in these Instructions to Bidders are defined in Section 00700 - General Conditions of the Construction Contract. Certain additional terms used in these Instructions to Bidders have the meanings indicated below, which are applicable to both the singular and plural thereof. 1.1. BIDDER - one who submits a bid directly to OWNER as distinct from a sub -bidder, who submits a bid to a BIDDER. 1.2. Issuing Office - the office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered. 1.3. Successful Bidder -the lowest responsible BIDDER to whom OWNER (on the basis of OWNER's evaluation as hereinafter provided) makes an award. 1.4 Program Manager — Turner Collie & Braden Inc. 2. Copies of Bidding Documents 2.1. Complete sets of the Bidding Documents, in the number and for the payment sum stated in the Invitation to Bid, may be obtained from the Issuing Office. 2.2. Complete sets of Bidding Documents must be used in preparing BIDs; neither OWNER nor ENGINEER assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents or otherwise associated with the Bidding Documents. 2.3. OWNER and ENGINEER, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining BIDs for the Work and do not confer a license or grant for any other use. BIDDER may not make copies of the Bidding Documents. Ownership of the Bidding Documents shall remain with the OWNER 3. Qualifications of BIDDERs To demonstrate qualifications to perform the Work, each BIDDER must be prepared to submit, within five (5) days after BID opening and upon OWNER's request detailed written evidence such as financial data, previous experience, present commitments, and proof that the BIDDER has the personnel, equipment, and material to execute the work required by the Contract Documents or any other such data as may be called for below. 4. Examination of Contract Documents and Site 4.1. It is the responsibility of each BIDDER, before submitting a BID: 4.1.1. To examine thoroughly the Contract Documents and other related data identified in the Bidding Documents (including ` technical data" referred to below); Project No. 052511256.0007 00100 - Page 1 of 8 INSTRUCTIONS TO BIDDERS CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 4.1.2. To visit the site to become familiar with and satisfy BIDDER as to the general, local, and site conditions that may affect cost, progress, performance, or furnishing of the Work; 4.1.3. To consider federal, state, and local Laws and Regulations that may affect cost, progress, performance, or furnishing of the Work; 4.1.4. To study and carefully correlate BIDDER's knowledge and observations with the Contract Documents and such other related data and 4.1.5. To promptly notify ENGINEER of all conflicts, errors, ambiguities or discrepancies which BIDDER has discovered in or between the Contract Documents and such other related documents. 4.2. Reference is made to the General and Supplementary Conditions for identification of: 4.2.1. Those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by ENGINEER in preparation of the Contract Documents. BIDDER may rely upon the general accuracy of the "technical data" contained in such reports but not upon other data, interpretations, opinions or information contained in such reports or otherwise relating to the subsurface conditions at the site, nor upon the completeness thereof for the purposes of bidding or construction. OWNER AND ENGINEER EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES THAT THE INFORMATION, DATA, INTERPRETATIONS, AND OPINIONS SHOWN, INDICATED, OR CONTAINED IN THE PLANS ARE ACCURATE, CORRECT, COMPLETE, OR FIT FOR THEIR INTENDED PURPOSES. 4.2.2. Those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by ENGINEER in preparation of the Contract Documents. BIDDER may rely upon the general accuracy of the "technical data" contained in such drawings but not upon other data, interpretations, opinions, or information shown or indicated in such PLANS or otherwise relating to such structures, nor upon the completeness thereof for the purposes of bidding or construction OWNER AND ENGINEER EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES THAT THE INFORMATION, DATA, INTERPRETATIONS, AND OPINIONS SHOWN, INDICATED, OR CONTAINED IN THE DRAWINGS ARE ACCURATE, CORRECT, COMPLETE, OR FIT FOR THEIR INTENDED PURPOSES. Copies of such reports and PLANS will be made available by OWNER to any BIDDER on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which BIDDER is entitled to rely as provided in Paragraph SC-2.1 of the Supplementary Conditions. BIDDER is responsible for any interpretation or conclusion drawn from any ` technical data ' or any such data, interpretations, opinions, or information. 4.3. Information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER and ENGINEER by owners of such Underground Facilities or others and OWNER and ENGINEER do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions. OWNER AND ENGINEER EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES THAT Project No. 052511256.0007 00100 - Page 2 of 8 INSTRUCTIONS TO BIDDERS CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 THE INFORMATION, DATA, INTERPRETATIONS, AND OPINIONS SHOWN, INDICATED, OR CONTAINED IN THE PLANS ARE ACCURATE, CORRECT, COMPLETE, OR FIT FOR THEIR INTENDED PURPOSES 4.4. Provisions concerning responsibilities for the adequacy of data furnished to prospective BIDDERs with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Contract Documents due to differing or unanticipated conditions appear in Paragraphs 2.06 of the Supplemental General Conditions. 4.5. Before submitting a BID, each BIDDER will be responsible to obtain such additional or supplementary examinations, investigations explorations, tests, studies, and data concerning conditions (surface, subsurface and Underground Facihties) at or contiguous to the site or otherwise, which may affect cost, progress, performance, or furnishing of the Work, or which relate to any aspect of the means, methods, techniques, sequences, or procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto or which BIDDER deems necessary to determine its BID for performing and furnishing the Work in accordance with the time, price, and other terms and conditions of the Contract Documents. 4.6. On request, OWNER will provide each BIDDER access to the site to conduct such examinations, investigations, explorations, tests and studies as each BIDDER deems necessary for submission of a BID. BIDDER must fill all holes and clean up and restore the site to its former condition upon completion of such explorations, investigations, tests, and studies. 4.7. Reference is made to the Supplementary Conditions for the identification of the general nature of work to be performed at the site by OWNER (if applicable) or others (such as utilities and other prime contractors) that relates to the Work for which a BID is to be submitted. On request, OWNER will provide to each BIDDER for examination, access to, or copies of Contract Documents (other than portions thereof related to price) for such work 4.8. The submission of a BID will constitute an incontrovertible representation by BIDDER that BIDDER has complied with every requirement of this Article 4, that without exception the BID is premised upon performing and furnishing the Work required by the Contract Documents, and applying the specific means methods techniques, sequences, or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, the BIDDER has given ENGINEER written notice of all conflicts, errors, ambiguities, and discrepancies that BIDDER has discovered in the Contract Documents, and written resolutions thereof by ENGINEER are acceptable to BIDDER, that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work, that the BIDDER has no questions regarding the Work, that the BIDDER has all information necessary to make a fully informed BID, and that the BIDDER has conducted all tests at the site it deems necessary. 4.9. The provisions of 4 1 through 4 8, inclusive, of this Article, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste, or Radioactive Material covered by Paragraph 2.09 of the Supplemental General Conditions. Project No. 052511256.0007 00100 - Page 3 of 8 INSTRUCTIONS TO BIDDERS CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 Availability of Lands for Work, etc. The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by CONTRACTOR in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by OWNER unless otherwise provided in the Contract Documents. 6. Interpretations and Addenda 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to ENGINEER. Interpretations or clarifications considered necessary by ENGINEER in response to such questions will be issued by Addenda mailed, transmitted by facsimile machine, or delivered to all parties recorded by ENGINEER as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications may not be relied upon and will not be binding upon OWNER or ENGINEER or legally effective 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by OWNER or ENGINEER. 7. Bid Security 7.1. Each BID must be accompanied by Bid Security made payable to OWNER in an amount of five percent (5%) of BIDDER's maximum Bid price and in the form of a certified or cashier's check or a Bid Bond issued by a surety meeting the requirements of Paragraph 4.05 of the General Conditions. 7.2. The Bid Security of Successful Bidder will be retained until such BIDDER has executed the Agreement, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid Security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security withm fifteen (15) days after the Notice of Award, OWNER may annul the Notice of Award, and the Bid Security of that BIDDER will be forfeited The Bid Secunty of other BIDDERs whom OWNER believes to have a reasonable chance of receiving the award may be retained by OWNER until the earlier of the seventh day after the Effective Date of the Agreement or the thirty-sixth day after the BID opening, whereupon Bid Security furnished by such B1DDERs will be returned. Bid Security with Bids which are not competitive will be returned within seven (7) days after the BID opening. 8. Contract Times The Contract Times, as defined in Paragraph 1.13 of the Supplementary Conditions, are set forth in the Agreement. Project No. 052511256.0007 00100 - Page 4 of 8 INSTRUCTIONS TO BIDDERS CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 9. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement. 10. Substitute and "Or -Equal" Items The Contract, if awarded, will be on the basis of materials and equipment described in the PLANS or specified in the Specifications without consideration of possible substitute or "or - equal' items. Whenever it is indicated in the PLANS or specified in the Specifications that a substitute or "or -equal" item of material or equipment may be furnished or used by CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be considered by ENGINEER until after the Effective Date of the Agreement. The procedure for submission of any such application by CONTRACTOR and consideration by ENGINEER is set forth in Paragraphs 4.30.1, 4.30.2, and 4.30.3 of the Supplementary Conditions 11. Subcontractors, Suppliers, and Others 11.1. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, and other persons and organizations (including those who are to furnish the principal items of material and equipment) to be submitted to OWNER in advance of a specified date prior to the Effective Date of the Agreement, apparent Successful Bidder, and any other BIDDER so requested, shall, within five (5) days after BID opening, submit to OWNER a list of all such Subcontractors Suppliers, and other persons and organizations proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor Supplier, person, or organization if requested by OWNER. An OWNER or ENGINEER who after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, other person, or organization may, before the Notice of Award is given request the apparent Successful Bidder to submit an acceptable substitute without an increase in Bid Price. If the apparent Successful Bidder declines to make any such substitution, OWNER may award the contract to the next lowest BIDDER that proposes to use acceptable Subcontractors, Suppliers, and other persons and organizations. Declining to make requested substitutions will not constitute grounds for sacnficmg the Bid Security of any bidder. Any Subcontractor, Supplier, other person, or organization listed and to whom OWNER or ENGINEER does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 4.04 of the General Conditions. 11.2. The apparent Successful Bidder, prior to the Notice of Award, shall identify in writing to OWNER those portions of the Work that such BIDDER proposes to subcontract and after the Notice of Award may only subcontract other portions of the Work with OWNER's written consent. 11.3. No CONTRACTOR shall be required to employ any Subcontractor, Supplier, other person, or organization against whom CONTRACTOR has reasonable objection Project No. 052511256.0007 00100 - Page 5 of 8 INSTRUCTIONS TO BIDDERS CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 12. Bid Form 12.1. The Bid Form is included with the Bidding Documents; additional copies may be obtained from the Issuing Office(s) descnbed in the Invitation to Bid. 12.2. All blanks on the Bid Form must be completed in ink. 12.3. BIDS by corporations must be executed in the corporate name by the president or a vice- president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary of the corporation. The corporate address and state of incorporation must be shown below the signature. 12.4. BIDS by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature, and the official address of the partnership must be shown below the signature. 12.5. All names must be typed or printed in black ink below the signature. 12.6. The BID shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form). 12.7. The street and/or post office box address and telephone and/or fax number for communications regarding the BID must be shown. 12.8. When applicable, evidence of authority to conduct business as an out-of-state corporation in the state where the Work is to be performed shall be provided in accordance with Paragraph 3 above. State contractor license number, if any, must also be shown. 13. Submission of Bids Each BID shall be submitted at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title and name and address of BIDDER and accompanied by the Bid Security and other required documents. If the BID is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 14. Modification and Withdrawal of Bids 14.1. BIDS may be modified or withdrawn by an appropriate document duly executed (in the manner that a BID must be executed) and delivered to the place where BIDs are to be submitted at any time prior to the opening of BIDs. 14.2. If, within twenty-four (24) hours after Bids are opened, any BIDDER files a duly signed, written notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of OWNER that there was a material and substantial mistake in the preparation of its BID, that BIDDER may withdraw its BID and the Bid Security will be returned. Thereafter, that BIDDER will be disqualified from further bidding on the Work to be provided under the Contract Documents. Project No. 052511256.0007 00100 - Page 6 of 8 INSTRUCTIONS TO BIDDERS CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 15. Opening of Bids BIDs will be opened and read aloud publicly (unless obviously nonresponsive) at the place where BIDs are to be submitted An abstract of the amounts of the base BIDs and major alternates (if any) will be made available to BIDDERs after the opening of BIDs. 16. Bids to Remain Subject to Acceptance All BIDs will remain subject to acceptance for ninety (90) days after the day of the BID opening but OWNER may, in its sole discretion, release any BID and return the Bid Security prior to that date. 17. Award of Contract 17.1. OWNER reserves the right to reject any or all BIDs, including without limitation the right to reject any or all nonconforming, nonresponsive, unbalanced, or conditional BIDs and to reject the BID of any BIDDER if OWNER believes that it would not be in the best interest of the Project to make an award to that BIDDER whether because the BID is not responsive or the BIDDER is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by OWNER. OWNER also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17.2. In evaluating BIDs, OWNER will consider the qualifications of BIDDERs, whether or not the BIDs comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Foun or prior to the Notice of Award. 17.3. OWNER may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. OWNER also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the evaluation of any BID and to establish the responsibility qualifications and financial ability of BIDDERs, proposed Subcontractors Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to OWNER's satisfaction within the prescribed time. 17.5. If the contract is to be awarded, it will be awarded, in accordance with Paragraph 1.3, to lowest BIDDER whose evaluation by OWNER indicates to OWNER that the award will be in the best interests of the Project. 17.6. If the contract is to be awarded, OWNER will give Successful Bidder a Notice of Award within sixty (60) days after the day of the BID opening. Project No. 052511256.0007 00100 - Page 7 of 8 INSTRUCTIONS TO BIDDERS CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 18. Contract Security Paragraph 4.05 of the General Conditions and the Supplementary Conditions set forth OWNER's requirements as to performance and payment Bonds. When the Successful Bidder delivers the executed Agreement to the OWNER, it must be accompanied by the required Bonds. 19. Signing of Agreement When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number (as stated in Section 00500 "Agreement") of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within fifteen (15) days thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to OWNER with the required Bonds. Within ten (10) days thereafter OWNER shall deliver one fully signed counterpart to CONTRACTOR. Each counterpart is to be accompanied by a complete set of the PLANS with appropriate identification. 20. Prebid Conference A prebid conference will be held as stated in Section 00020 ("Invitation to Bid"). 21. Taxes 21.1. CONTRACTOR shall pay all applicable sales, consumer, use, and other similar taxes except as exempted 21.2. Sales tax. CONTRACTOR shall obtain the necessary documentation so that any sales tax exemptions due to the nature of the Work performed by CONTRACTOR or Subcontractors pursuant to this Agreement shall be applied to this Agreement and these cost savings due to the Project's exempted status shall be passed on to OWNER. CONTRACTOR and each of its Subcontractors or sub -Subcontractors must obtain a Texas Limited Sales, Excise and Use Tax Permit for all materials required to be purchased in connection with the Project. 22. Retainage Provisions concerning retainage are set forth in the Agreement. END OF SECTION Project No. 052511256.0007 00100 - Page 8 of 8 INSTRUCTIONS TO BIDDERS CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 GEOTECHNICAL INFORMATION 1.0 DOCUMENT INCLUDES A. Soils Investigation Report B. Environmental Site Assessment, if applicable 2.0 RELATED DOCUMENTS Document 01561 — Trench Safety Systems 3.0 SITE INVESTIGATION REPORTS A. In the design and preparation of Contract Documents for this project, the City and the ENGINEER have relied upon the information in geotechnical reports and environmental site assessment reports for the investigation and analysis of soils and subsurface conditions of the project site. B. Neither the City nor the ENGINFER shall be responsible for accuracy or completeness of any such information or data. 4.0 GEOTECHNICAL REPORTS A geotechnical study dated June 28 2002 was performed by Paradigm Consultants, Inc The report is titled `Geotechnical Study; Work Authorization No. 7, Group 2 - Pearland Mobility and Drainage Program; Pearland, Texas.' 5.0 ENVIRONMENTAL REPORTS Environmental Reports were not required for this project. 6.0 BIDDER'S RESPONSIBILITIES A. Bidder shall have full responsibility for interpretation of the reports and use of the mfotmation for his bidding and construction purposes. B. Bidder may perform such additional soils investigation as he deems appropriate. END OF DOCUMENT Project No. 052511256.0007 October 28, 2002 00220 — Page 1 of 1 GEOTECHNICAL INFORMATION CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 BID Date: January 29, , 2003 BID of W. T. Byler Co, LP , an individual proprietorship, a corporation authorized to transact business in Texas, or a partnership consisting of William T. Byler Jr., William T. Byler, W.T.Byler CoCo-G,Prpsiheredto transact business in Texas for Miscellaneous Road Improvement Projects — Group 2, City of Pearland, Project No. 052511256.0007, BID No B2003-015 THIS BID IS SUBMITTED TO: City of Pearland Attention: Gordon Island Purchasing Officer City Hall 3519 Liberty Drive Pearland, Texas 77581 1. The undersigned BIDDER proposes and agrees, if this BID is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and • furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this BID and in accordance with the other terms and conditions of the Contract Documents. BIDDER accepts the terms of the form of Agreement and the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Invitation to BID and Instructions to Bidders including without limitation those dealing with the disposition of Bid Security. This BID will remain subject to acceptance for ninety (90) days after the day of BID opening. If BIDDER is the Successful Bidder, BIDDER will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen (15) days after the date of OWNER's Notice of Award. 3. In submitting this BID, BIDDER represents and warrants, as more fully set forth in the Agreement, that: (a) BIDDER has examined and carefully studied the Bidding Documents and Addenda. BIDDER hereby acknowledges receipt of the following Addenda: (List Addenda by Addendum Number and Date). (b) Addendum No.: Dated: Addendum No.: Dated: Addendum No.: Dated: BIDDER has visited the site, has conducted all testing at the site BIDDER deems necessary, has become familiar with, has taken into consideration in formulating its BID, and accepts the general, local and site conditions that may affect cost, progress, performance; and furnishing of the Work; Project No. 052511256.0007 00300 --Page 1 of 11 BID CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 (c) BIDDER is familiar with, has taken into consideration in formulating its BID and accepts all federal, state and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work. (d) BIDDER has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurfacestructures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 2.06 of the Supplemental General Conditions BIDDER accepts the determination set forth in Paragraph SC-2.06 of the Supplementary Conditions of the extent of the "technical data' contained in such reports and drawings upon which BIDDER is entitled to rely as provided in Paragraph 4 2 of the General Conditions. BIDDER understands, acknowledges, and agrees that such reports and drawings are not Contract Documents and may not be complete for BIDDER's purposes. BIDDER understands, acknowledges, and agrees that OWNER and ENGINEER are not responsible for and make no warranties regarding the accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to surface and subsurface conditions and Underground Facilities at or contiguous to the site. BIDDER has obtained and carefully studied and is responsible for obtaining and studying any and all such additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or. otherwise which may affect cost progress, performance or furnishing of the Work, or which relate to any aspect of the means, methods, techniques,• sequences, and procedures of construction to be employed by BIDDER, and safety precautions and programs incident thereto as may be necessary. BIDDER does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this BID for performance and furnishing of the Work in accordance with the times price, and other terms and conditions of the Contract Documents. (e) BIDDER is aware of the general nature of work to be performed by OWNER and others at the site that relates to Work for which this BID is submitted as indicated in the Contract Documents. (f) BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. (g) (h) BIDDER has given ENGINEER written notice of all conflicts, errors ambiguities, or discrepancies that BIDDER has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to BIDDER; BIDDER has no questions regarding the Work; BIDDER has all information necessary to make a fully informed BID; and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the. Work for which this BID is submitted. This BID is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly Project No. 052511256.0007 00300 — Page 2 of 11 BID CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 or indirectly induced or solicited any other BIDDER to submit a false or sham BID; BIDDER has not solicited or induced any person, firm, or corporation to refrain from bidding and BIDDER has not sought by collusion to obtain for itself any advantage over any other BIDDER or over OWNER. 4. BIDDER is duly qualified to carry on business in the State of Texas; possesses or has the ability to possess all licenses, permits, and certificates of authority necessary to commence and to complete the Work in accordance with the Bidding Documents; is fully qualified and has experience in performing work of the same type as the Work covered by the Bidding Documents; and will provide all necessary labor, superintendence, machinery equipment, tools, materials, services, and other means of construction to complete all work upon which BIDDER bids and complete said work within the time stated and for maintaining same as required for the following prices: • • • Project No. 052511256.0007 00300 — Page 3 of 11 BID CITY OF PEARLAND Miscellaneous Road Improvements Projects - Group 2 Item No. Description of Item Approx. Unit Unit Quantity Price* Total Amount Bid 5 Schedule of Unit Price Bid: Miscellaneous Road Improvement Projects - Group 2 1 Mobilization, Complete in Place 2 Project Signs, Complete in Place 3 Traffic Control Plan, Per MUTCD, Complete in Place 4 Remove and dispose of Concrete Pipe (All Sizes), Complete in Place 5 Remove and Relocate Roadway Signs, Mailboxes, and Traffic Signs, Complete in Place 6 Roadway Excavation Including Removal of Asphalt Paving and Disposal Offsite, Complete in Place 7 Embankmant Including Temporary Pavement and Corner Intersection Fill Material, Compaction, Complete in Place 8 Saw -Cut (3-Inch Deep) Existing Asphalt or Concrete Paving, Complete in Place 9 18-Inch Reinforced Concrete Pipe Storm Sewer culverts, C76, Class III, All Depths, Complete in Place 10 24-Inch Reinforced Concrete Pipe Storm Sewer Culverts, C76, Class III, All Depths, Complete in Place Lump Sum Each Lump Sum 1 $ 60,000.00 $ 60,000.00 2 $ 675.00 $ 1,350.00 $ 17,500.00 $ 17,500.00 1 Linear 200 Foot Lump 1 Sum Cubic 2,750. Yard Cubic 2,300 Yard Linear 4,600 Foot Linear 20 Foot Linear 240 Foot • $ 9.00 $ 1,800.00 $ 1,500.00 $ 1,500.00 12.00 33,000.00 $ 7.60 $ 17,480.00 $ 1.55 $ 7,130.00 $ 46.00 $ 920.00 $ 52.50 $ 12,600.00 Project No. 052511256.0007 00300 - Page 4 of 11 BID CITY OF PEARLAND Miscellaneous Road Improvements Projects - Group 2 Item No. Description of Item Approx. Unit Unit Quantity Price* Total Amount Bid 11 30-Inch Reinforced Concrete Pipe Storm Sewer Culverts, C76, Class III, All Depths, Complete in Place 12 36-Inch Reinforced Concrete Pipe Storm Sewer Culverts, C76, Class III, All Depths, Complete in Place 13 48-Inch Reinforced Concrete Pipe Storm Sewer Culverts, C76, Class III, All Depths, Complete in Place 14 Type "C' Storm Sewer Manhole for 42-Inch Diameter and Smaller, All Depths, Complete in Place 15 Storm Sewer Junction Box, Complete in Place Linear 100 Foot Linear 350 Foot Linear 35 Foot Each 2 Each 5 16 Type "A" Stonn Sewer Inlet with Grate Each Tope, Complete in Place 17 18-Inch - 6:1 Safety End Treatment, Complete in Place 18 24-Inch - 6:1 Safety End Treatment, Complete in Place 19 30-Inch - 6:1 Safety End Treatment, Complete in Place 20 36-Inch - 6:1 Safety End Treatment Complete in Place 21 48-Inch - 6:1 Safety End Treatment Complete in Place Each 1 Each Each Each Each 4 6 3 2 $ 63.50 6,350.00 $ 82.00 $ 28,700.00 $ 120.00 $ 4,200.00 $ 1,825.00 $ 3,650.00 $ • 1,859.99 $ 9,299.95 $ • 1,250:00 $ 1,250.00 $ 450.00 $ 450.00 $ 600.00 $ 2,400.00 $ 950.00 $ 5,700.00 $ 1,125.00 $ 3,375.00 $ 4,500.00 $ 9,000.00 Project No. 052511256.0007 00300 - Page 5 of 11 BID CITY OF PEARLAND Miscellaneous Road Improvements Projects - Group 2 Item No. Description of Item Approx. Unit Unit Quantity Price* Total Amount Bid 22 Relocate Existing 18-Inch - 6:1 Safety End Treatment, With Pipe Runners, Complete in Place Each 2 23 Relocate Existing 30-Inch - 6:1 Safety Each End Treatment, Complete in Place 24 Concrete Headwall (Pre -Cast) for 24-Inch Reinforced Concrete Pipe Culvert, Complete in Place 25 Concrete Collar for 18-Inch Reinforced Concrete Pipe Culvert, Complete in Place 26 Concrete Collar for 30-Inch Reinforced Concrete Pipe Culvert, Complete in Place 27 Concrete Collar for 36-Inch Reinforced Concrete Pipe Culvert, Complete in Place 28 Concrete Collar for 48-Inch Reinforced Concrete Pipe Culvert, Complete in Place 29 Broken Concrete Riprap 6 Inch Thick, Complete in Place 30 Regrade Existing Roadside Ditches to Lines and Grades as Shown on Plans, Complete m Place 31 4-Inch Concrete Slope Paving, Complete in Place 4 Each 2 Each 1 Each 6 Each 5 Each 2 Square 175 Yard Linear 2,300 Foot Square 500 Yard • $ 225.00 $ 450.00 $ 275.00 $ 1,100.00 $ 550.00 $ 1,100.00 $ 450.00 $ 450.00 725.00 $ 4,350.00 $ 1,000.00 $ 5,000.00 $ 1,400.00 $ 2,800.00 $ 7.75 $ 1,356.25 $ 4.00 $ 9,200.00 $ 33.50 16,750.00 Project No. 052511256.0007 00300 - Page 6 of 11 BID CITY OF PEARLAND Miscellaneous Road Improvements Projects - Group 2 Item No. Description of Item Approx. Unit Unit Quantity Price* Total Amount Bid 32 6-Inch Thick Compacted Cement Stabilized Sand, (2.0 Sacks), Complete in Place 33 12-Inch Hot -Mix Asphaltic Concrete (Black Base), Complete in Place 34 2-Inch Thick Hot -Mix Asphaltic Concrete Surface Treatment, Complete In Place Square 8,100 Yard Ton 5,200 Square 12,100 Yard 35 Temporary 8-Inch Thick Type "C" Square 1,800 HMAC Pavement for Detour, Complete Yard in Place 36 Metal Beam Guardrail Fence, Complete in Place 37 Terminal Anchor System, Complete in Place • 38 Traffic Signal System Upgrade and Modification at Cullen/Hughes Ranch, and Cullen/Brookside Intersections, Complete in Place 39 Reflective Pavement Markings (4-Inch Solid or Broken, Yellow or White), Removable, Complete in Place 40 Thermoplastic Pavement Markings (4-Inch Solid or Broken, Yellow or White), Complete in Place 41 Thermoplastic Pavement Markings (8-Inch Solid White Line), Complete in Place Linear 400 Foot Each Lump Sum Linear 45,000 Foot Linear 2,800 Foot Linear 320 Foot $ 6.10 $ 49,410.00 $ 40.00 $ 208,000.00 $ 4.25 $ 51,425.00 $ 16.70 $ 30,060.00 $ 22.35 $ 8,940.00 505.00 • 1,515.00 $ 65,000.00 $ 65,000.00 $ 0.23 $ 10,350.00 $ 0.73 $ 2,044.00 $ 4.47 $ 1,430.40 Project No. 052511256.0007 00300 - Page 7 of 11 BID CITY OFPEARLAND Miscellaneous Road Improvements Projects - Group 2 Item No. Description of Item 42 Thermoplastic Pavement Markings (12-Inch Solid Yellow), Complete in Place 43 Thermoplastic Pavement Markings (24-Inch Solid White Stop Line), Complete in Place Approx. Unit Unit Quantity Price* Linear 230 Foot Linear 70 Foot Total Amount Bid $ 6.71 $ 1,543.30 $ 20.12 $ 1,408.40 44 Thermoplastic Pavement Markings Each 3 (Direction Arrows), Complete in Place $ 167.65 $ 502.95 45 Thermoplastic Pavement Markings (Only), Complete in Place Each 3 46 4-Inch Traffic Paint Pavement Linear 5,100 Markings (White or Yellow), Complete Foot in Place 47 8-Inch Traffic Paint Pavement Linear 1,000 • Markings (White or Yellow), Complete Foot in Place 48 24-Inch Traffic Paint Pavement Markings (Stop Line), Compete in Place 49 Traffic Paint (Direction Arrows), Complete in Place 50 Traffic Paint (Only) Pavement Markings, Complete in Place 51 Raised Reflective Pavement Marker Type II A -A (2-Way), Complete in Place Linear 70 Foot Each 6 Each 6 Each 170 • $ 167.65 $ 502.95 $ 0.34 $ 1,734.00 • $ 1.12 $ 1,120.00 $ 16.76 1,173.20 $ 139.70 $ 838.20 $ 139.70 $ 6.71 838.20 1,140.70 Project No. 052511256.0007 00300 - Page 8 of 11 BID CITY OF PEARLAND Miscellaneous Road Improvements Projects - Group 2 Item No. Description of Item Approx. Unit Unit Quantity Price* Total Amount Bid 52 Raised Reflective Pavement Marker Type 1-C (1-Way) White, Complete in Place 53 4-Inch Round Ceramic Traffic Buttons (White or Yellow), Complete in Place 54 Filter Fabric Fence, Complete in Place 55 Reinforced Filter Fabric Barrier, Complete in Place 56 Hydromulch Seeding, Complete in Place TOTAL AMOUNT BID Each 70 Each Linear Foot Linear Foot 140 400 500 $ 6.15 $ 430.50 $ 5.55 $ 777.00 $ 2.00 $ 800.00 $ 2.05 $ 1,025.00 Square 18,000 Yard $ 0.21 $ 3,780.00 716,000.00 * In the event of a descrepancy, figures in this column govern (asterisk to be removed on final). • Project No. 052511256.0007 00300 - Page 9 of 11 BID CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 Substitutions: Substitutions are not acceptable in the bidding process. 6. BIDDER agrees to begin work promptly after written Notice to Proceed is given by ENGINEER or OWNER and will substantially complete. the Work within 135 calendar days in accordance with Paragraph 6.08 of the General Conditions and will complete the Work and be ready for final payment within 150 calendar days after the date of the written Notice to Proceed in accordance with Paragraph 6.09 of the General Conditions. Alternately, BIDDER agrees to begin work promptly after written Notice to Proceed shall have been given by the ENGINEER or OWNER, and to substantially complete the Work within 120 calendar days in accordance with Paragraph 6.16 in the Supplemental General Conditions, and will complete the Work and be ready for final payment within 135 calendar days in accordance with Paragraph 6.08 of the General Conditions. (This statement may or may not be completed at the BIDDER's option. If the statement is not completed, or if the time specified is greater than that in the preceding paragraph, the preceding paragraph shall govern.) BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the time specified in the Agreement. 7. BIDDER has enclosed with this BID the required Bid Security in the form of a bid bond in the amount of $ 5% GAB . BIDDER agrees that this amount is a measure of liquidated damages which OWNER will sustain by failure of the BIDDER to execute and deliver above -named Agreement and Bonds, and not a penalty and further agrees that this Bid Security shall be collected and retained by OWNER as liquidated damages in the event this BID is accepted by OWNER within sixty (60) days after opening of Bids .and BIDDER fails to execute the Agreement and the required Bonds with OWNER within fifteen (15) days after Contract Documents are received by BIDDER; otherwise said Bid Security shall be returned to the BIDDER in accordance with Paragraph 7 of Section 00100 — Instruction to Bidders. Project No. 052511256.0007 00300 — Page 10 of 11 BID CITY OFPEARLAND Miscellaneous Road Improvement Projects - Group 2 ATTEST: Very truly yours (SEAL, if Bidder is Corporation) • • By (Signatur Cliff Atteberry (Typed or Printed Name) • Title: Chief Financial Officer Bidder: W. T. Byler Co LP (Name of Company) Address: 15203 Lillja Road Houston, Texas 77060 Telephone No.: 281-445-2070 Facsimile No.: 281-445-4356 Surety Co: ,Liberty Bond Services Address: Telephone No.: Facsimile No.: • • Interchange Corporate Center 450 Plymouth Rd., Suite 400 Plymouth Meeting, PA 19462-1644 610-832-8240 Project No. 052511256.0007 00300 —Page 11 of 11 BID CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 BID BOND STATE OF TEXAS COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS; That we, the undersigned, as Principal, and , as Surety, are hereby held and firmly bound unto the City of Pearland, Texas, as OWNER in the amount of which represents five percent (5%) of the amount bid for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. The Condition of the above obligation is such that whereas the Principal has submitted to a certain BID, attached hereto and hereby made a part hereof to enter into a contract in writing for NOW THEREFORE* (a) If said BID shall be rejected or; (b) If said BID shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said BID) and shall furnish a BOND for his faithful performance of said contract and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BID• then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such BID, and said Surety does hereby waive notice of any such extension. Project No. 052511256.0007 00315 — Page 1 of 2 BID BOND CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above. EXECUTED, this the day of Principal Surety By: By: (Power of Attorney Attached) ATTEST/SEAL: BY: TITLE: IMPORTANT: Surety companies executing BONDS must be licensed to transact business in the State of Texas. Project No. 052511256.0007 00315 — Page 2 of 2 BID BOND CITYOFPEARLAND Miscellaneous Road Improvement Projects - Group 2 AGREEMENT THIS AGREEMENT is dated as of the 3rd day of March 2003 the year 2.002 by and between City of Pearland, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall perform the Work in a good and workmanlike manner and in the best way and most expeditious and economical manner consistent with the interests of the OWNER, shall exercise the degree of care, skill, and diligence in the performance of the Work in accordance with and consistent with industry standards for similar circumstances, shall utilize its best skill, efforts, and judgment in furthering the interests of the OWNER, and shall furnish efficient business administration and supervision (collectively, CONTRACTOR's "Standard of Care"). 1.2. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Asphalt paving and drainage improvements at the following locations: The intersections of Cullen and Hughes Ranch, Cullen and Brookside, Dixie Farm and McDonald, Dixie Farm and McGinnis. Article 2. INGINEER. The Project has been designed under subcontract to Turner Collie & Braden Inc., acting as Program Manager. Turner Collie & Braden 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 ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. • Article 3. CONTRACT TIMES. 3.1. The Work will be substantially completed within 135 days after the date when the Contract Times commence to run as provided in Paragraph 5.05 of the General Conditions and will be completed and ready for final payment in accordance with Paragraph 6.09 of the General Conditions within 150 days after the date when the Contract Times commence to run. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence to this Agreement and that OWNER will suffer financial loss if the Work is. not completed within the times specified in Paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 5 of the General Conditions. They also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER One Hundred Fifty dollars ($150.00) for each day that expires after the time specified in Paragraph 3.1 above for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the time specified in Project No. 052511256.0007 00500 — Page 1 of 7 AGREEMENT in CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 Paragraph 3 1 above for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER One Hundred Fifty dollars ($150.00) for each day that expires after the time specified in Paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts as indicated in the attached BID As provided in Paragraph 6.04 of the General Conditions, estimated quantities are not guaranteed and determinations of actual quantities and classification are to be made by ENGINEER as provided in Paragraph 9.8 of the General Conditions. Unit prices have been computed as provided in Paragraph 6.04 of the General Conditions. Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 6 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. • 5.1. Progress Payments; .Retainage. Subject to OWNER's right to withhold payment in Paragraph 6:15.4 of the General Conditions, OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's completed Applications for Payment as recommended by ENGINEER on or about the loth day of each month during construction as provided in Paragraph 5.1.1 below. All such payments will be measured by the schedule of values established in Paragraph 4.32.1.3 of the General Conditions (and in the case of Unit Price Work based on the number of units completed). 5.1.1. Prior to Substantial Completion progress payments will be made in an amount equal to the percentage indicated below, but in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with Paragraph 6.15.4 of the General Conditions. 90 percent of Work completed and included in the Application for Payment (with the balance being retainage). 90 percent (with the balance being retainage) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentation satisfactory to OWNER as provided in Paragraph 6.06 of the General Conditions) and included in the Application for Payment. 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with Paragraph 14.9 of the General Conditions and submission of a completed Application for Payment OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said Paragraph 14.9. Project No. 052511256.0007 00500 — Page 2 of 7 AGREEMENT CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 Article 6. INTEREST. All moneys not paid when due as provided in Article 6 of General Conditions shall bear interest at the maximum rate allowed by law in the State of Texas. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations and warranties: 7.1. CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in Article 8) and the other related data identified in the Bidding Documents including "technical data." 7.2. CONTRACTOR has visited the site, has conducted all testing at the site CONTRACTOR deems necessary, has become familiar with, has taken into consideration in formulating its BID, and accepts the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work; 7.3. CONTRACTOR is familiar with and has taken into consideration in formulating its BID and accepts all federal, state and local Laws and Regulations that may affect cost, progress performance, and furnishing of the Work. 7.4. CONTRACTOR has carefully studied all reports of explorations.and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 2.1.1 of the Supplemental General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC-2.1 of the Supplementary Conditions of the extent of the `technical data".contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 2.1 of the Supplemental General Conditions. CONTRACTOR understands, acknowledges, and agrees that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR understands, acknowledges, and agrees that OWNER and ENGINEER are not responsible for and make no warranties regarding the accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to surface and subsurface conditions and Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied and is responsible for obtaining and studying any and all such additional or supplementary examinations, investigations, explorations, tests studies, and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto as may be necessary. CONTRACTOR does not consider that any additional examinations, investigations, explorations tests studies, or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents. Project No. 052511256.0007 00500 — Page 3 of 7 AGREEMENT CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 7.5. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to Work for which this BID is submitted as indicated in the Contract Documents. 7.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and PLANS identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.7. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, CONTRACTOR has no questions regarding the Work, CONTRACTOR has all information necessary to make a fully informed BID, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this BID is submitted. 7.8. CONTRACTOR represents and warrants that CONTRACTOR (i) is qualified and expenenced, (ii) is capable of performing the Woik and has available resources to perform the Work, and (iii) understands and agrees to the terms of all of the Contract Documents. Article 8. CONTRACT DOCUMENTS. The Contract Documents that comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1. Invitation to Bidders (pages 1 to 2, inclusive). 8.2. Instructions to Bidders (pages 1 to 8, inclusive). 8.3. Bid (pages 1 to 11, inclusive). 8.4. Addenda Numbers to , inclusive 8.5. This Agreement (pages 1 to 7, inclusive) 8.6. Construction Performance Bond (pages 1 to 4, inclusive) Construction Payment Bond (pages 1 to 4, inclusive) 8.7. General Conditions of Agreement (pages 1 to 30, inclusive), Including Attachments 1 and 2. 8.8. Supplementary Conditions (pages 1 to 22, inclusive). 8.9. Insurance Certificate 8.10. Technical Specification bearing the title "Mobility and Drainage Program Standard Technical Specifications, Division 2 through Division 16. ' 8.11. Division 1 General Requirements included in the Specification book bearing the title `Mobility and Drainage Program, Miscellaneous Road Improvement Projects — Group 2 Contract Documents." • Project No. 052511256.0007 00500 — Page 4 of 7 AGREEMENT CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 8.12. PLANS consisting of a cover sheet and sheets numbered 1 through 84A inclusive. 8.13. Documentation submitted by Contractor prior to Notice of Award (pages to inclusive). 8.14. 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 Paragraph 7.07.1 and 7.07.2 of the General Conditions. In the event of any discrepancies between the parts of the Contract Documents, or likewise, in the event of any doubt as to the meaning and intent of any portion of the Contract Documents, ENGINEER shall define that which is intended to apply to the Work. The documents listed in Article 8.3 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. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraphs 7.07.1 and 7.07.2 of the General Conditions. Article 9. MISCELLANEOUS. • 9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. • 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto or effective without the prior written consent of the party sought to be bound; and, specifically but without limitation, monies that may become due and monies 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, 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 to all covenants agreements, and obligations contained in the Contract Documents. 9.4. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. If, however, the void or unenforceable provision is of the essence of this Agreement, nothing in the Paragraph 9.4 shall prevent this entire Agreement from being void. 9.5. OTHER PROVISIONS. As noted hereinafter: 9.5.1. The following Articles shall survive termination of this Agreement: 3 (Contract Times); 7 (Contractor's Representatives); and 9 (Miscellaneous). Project No. 052511256.0007 00500 — Page 5 of 7 AGREEMENT CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 9.5.2. Headings and titles of Articles in this Agreement are included herein for convenience of reference only and shall not constitute a part of the Agreement for any other purpose and will not affect in any way the meaning of interpretation of this Agreement. 9.5.3. This Agreement as executed by authorized representatives of OWNER and CONTRACTOR constitutes the entire Agreement between the parties with respect to matters herein, and there are no oral or written understandings, representations, or commitments of any kind, express or implied, not expressly set forth herein. 9.5.4. This Agreement, its interpretation, and any disputes relating to, arising out of or connected with this Agreement, shall be governed by the laws of the State of Texas, without regard to conflicts of law provisions. Any dispute relating to, arising out of, or connected with this Agreement shall be filed and maintained in the state or federal courts located in Brazoria County, Texas unless otherwise agreed by the parties in connection with an Alternative Dispute Resolution Agreement. 9 5 5 Each party hereto represents and warrants that the person executing this Agreement on its behalf is duly authorized and empowered to do so and that all formalities necessary for its approval of this Agreement have been satisfied. 9.5.6. CONTRACTOR undertakes performance of the Work as an independent contractor. Nothing herein shall create a relationship of employer and employee, joint venture, or partnership between OWNER and CONTRACTOR its agents, representatives, employees, or subcontractors for any purpose whatsoever. Nothing herein shall create a relationship of prmcipol and.agent between OWNER and CONTRACTOR, its agents, employees, representatives, or subcontractors Neither party shall have the authority to bind or obligate the other in any manner as a result of the relationship created hereby. 9.5.7. Upon payment of a portion of the Work, CONTRACTOR shall be deemed to have sold and conveyed to OWNER, and OWNER shall be deemed to have purchased from CONTRACTOR all of CONTRACTOR s right, title and interest in the Work.` From and after the date of such payment within fifteen (15) days of the request of OWNER, CONTRACTOR shall execute and deliver such bills of sale and other instruments of conveyance, assignment, transfer, and delivery as OWNER may reasonably request in order to convey such right, title and interest to OWNER From and after the date of such payment, title to the Work shall remain with OWNER. Project No. 052511256.0007 00500 — Page 6 of 7 AGREEMENT CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR, and ENGINEER. All portions of the Contract Documents have been signed, initialed, or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on March 3, 2003 Effective Date of the Agreement). OWNER City of Pearland P By:�•- 1Ao8g1lli By: 2002 (which is the CONTRACTOR W. T. Byler Co. , LP Attest L. O °o � / o° i , o •o 0 �. t=. I— Q lab 0 are O D (I) cn 0 — V J cam' D i. n 1 0 611 0 0 @ 0 O a / v O � ..o np 00 Q. .A OOO OO et. st. CityS= & Addres• giving notices 3519 Liberty Drive Pearland, Texas 77581 • • • [CORPORATE SEAL] Attest Address for giving notices 15203 Lillja Road Houston, Texas 77060 • If CONTRACTOR is a cofporation, attach evidence of authority to sign). END OF SECTION • • Project No. 052511256.0007 00500 — Page 7 of 7 AGREEMENT Bond No: 22003654 CITY Of' PEARL,41Vt Miscellaneous ltoad Improvement Projects - C Troup 2 CONSTRUCTION PERFORMANCE 13C)NI) Any singular reference to Contractor, Surety, (.)WNER, or other party shall be considered plural where ai?.l� licabi e. !. • — ta CONTR.AC: TOR (Name and Address) : W.T. BYLER CO.LP 15203 Lillja Road Houston, Texas 77060 OWNER (Jame and Address): City of Pearland 3 519 Liberty Drive Pearland, Texas 77581 CONSTRUCTION CON' RAc:T Date: March. 3, 2003 Amount an Numbers and Words): 411••••4 1' IT • SURETY (Name and Principal Place ofBusiness): Liberty Mutual Insurance Company 12750 Merit Drive, Suite 710 Dallas, Texas 75251 Seven Hundred Sixteen ($716,000.00) Thousand and No/100 • Dcse.ri nti on (Name and Location): Mobility and Drainage Bond Program: Misc Road Improvements Project—Group2 (Project Number — 052511256.0007 Pearland, Texas BOND 4 Date (Not earlier than C.`ontraet Date): March 3, 2003 Amount (In Numbers and Words): Seven Hundred Sixteen Thousand and No/100 ($716,000.00)• Modifications to this Bond Form: CONTRACTOR AS PRINCIPAL Company: W.T. Byler Signature: Name and Title': ff Atteberry Chief Financial Officer SUR.FTY Liberty Mutual Insurance Company (Corp. weal) Company: (9orp, Seal) 4� { Signature- 6 Name and Title: Margie L nge Attorney t'rolcct No. 05 25 1 12 0.000 7 00610 — Page 1 of 4 CONsTRt.Ic'rlON I'4iittFOI&MAt1C t L3C.)ND (in'OF PEA RL;•JNL) 'WHEREAS: • 3,3 Miscellaneous Rcnicl Improvement Projects (;route 2 • I' he CONTRACTOR and the Surety, jointly acid severalty, bind themselves, their officers, directors, shareholders, partners, heirs, executors, administrators successors, and assigns to the OWNER for the perfot'niance of the Construction Contract, which is incorporated herein by refLrence. If the CONTRACTOR. performs the Construction Contract, the Surety and the CONTRACTOR shall have no obligation under this Bond, e:rccpt to participate in conferences is provided in Subparagraph 3.1 hereinafter. If there is no OWNER Default, the Surety's obligation under this Bond shall arise after' The OWNER has .notified the CONTRACTOR and the Surety at its address (described in Paragraph 10 below) that the OWNER is considering declaring a CONTRACTOR Detault and that the OWNER has requested and attempted to arrange ,t confcrenLc: with the CONTRACTOR and Surety to be held not later than fifteen (15) days after receipt of such .notice to discuss meth ads of performing the Construction Contract. If the OWNER, the CONTRACTOR, and Surety agrcc, the CONTRA.CTOIC shall be allowed a reasonable. time: to perform the Construction Contract but such an agreement shall not waive the OWNER'S right, if any, subsequently to declare a CONTRACTOR Default; lint] The OWNER has declared a CONTRACTOR Dethultand formally terminated the CONTRACTOR'S right to complete the contract. Such CONTRACTOR Default shall not be declared earlier than twenty (20) days after the CONTRACTOR and the Surety have received notice as pre: vided in !subparagraph 3. t; and . The OWNER has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract. in accordance with the terms of the contract with the OWNER. When the. OWNER has satisfied the conditions of Paragraph:3, the Surety shall, within thirty (30) days atter notice of default, and at the Surety's expense, take one of the filfowing actions: 4.1. Arrange Lbr the CONTRACTOR, with consent ot'the OWNER, to pectoral and complete the Construction Contract; ur 4,2, Undertake to perform and complete the Construction Contract itself, through its agents, or through independent contractors; or 4.3. Obtain bids ur negotiated proposals from qualified contractors acceptable to the OWNER for a contract For perfourtanee and completion of the Construction Contract, arrange for t contract to be prepared for execution by the OWNER. and the contractor selected with the C)WNER's concrua•ence to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and pay to the OWNER the amount of damages, as described in Paragraph 6 hereinafter, in excess of the balance of the Contract Price incurred by the OWNER resulting from the CONTRACTOR's default; or Project No. 0525112 56.04:107 00610 — Page 2 of 4 CONSTRUCT{ON PERFORMANCE BOND CITY OF PEARLAND Miscellaneous Road f mprovemcnt Projects - Group 2 4.4. Waive its right to pert;Drm and complete, arrange for completion, or obtain a new contractor with reasonable promptness under the circumstances: 4,4.1. After investigation, determine the amount for which it may be liable to the OWNER and, as soon as practicable after the amount is determined, tender payment therefor to the OWNER; or 4.4.2. Deny liability in whole: or in part and notify the OWNER citing reasons theretbr. If the Surety does not proceed as provided in Paragraph 4, the Surety shall be deemed to be in default on this Bond. Fhe OWNER shall be entitled to enforce any remedy available to the OWNER. If the Surety proceeds as provided in Subparagraph 4.4 above, and the OWNER refuses the pajrment tendered, or the Surety has denied liability, in whole or in part, without: further notice, the OWNER shall be entitled to enforce any remedy available to the OWNER. 6. A (ter the OWNER has terminated the CONTRACTOR'S right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.4 :3 above, then the responsibilities of the Surety to the OWNER shall not be greater than those of the CONTRACTOR under the Construction Contract, and the responsibilities of the OWNER to the Surety shall not be greater than those of the OWNER under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the OWNER of the Balance of the Contract Price, and subject to mitigation ofcosts and damages on the Construction Contract, the Surety is obligated and subject without duplication for: 6.1. The responsibilities of the CONTRACTOR for correction of detective Work and completion of the C onstructto.ti Contract; Additional legal, design professional, and delay costs resulting ft'orn the CONTRACTOR'S Default, and resulting from the actions or failure to act of the Surety under Paragraph 4 above; and 6.3. Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or nonperformance ot'the CONTRACTOR. 7. The Surety shall not be liable to the OWNER or others fur obligations of the CONTRACTOR that are unrelated to the Construction Contract, and the Balance o.fthe Contr act Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this t-3ond to any person or entity other than the OWNER or us heits, executors, administrators or successors, 8. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontractors, purchase orders, and other obligations.. Any proceeding legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall he instituted within one year after CONTRACTOR Dcfiult, or within one year after the C ONTRACTOR ceased working, or within two years 'after lhc, Surety rc fuses or tails to perform its obhgation,i under this Bond, whichever occurs first. IC the provisions of this Paragraph arc void or prohibited by law, the minimum period of limitation available to sureties as a dctbnse in the jurisdiction of t.hc suit shall he applicable. Protect No. 115251 1256.0007 00610 — Page 3 of 4 e:i)NS't'RucrlON PERFCiRMANC:E ut?Ni.) CITY Oh' PEARL:-IND Misect! uneous Road [rnprovemein Projects - t_iroup TO. Notice to the Surety, the OWNER, or the CONTRACTOR shalt be mailed or delivered to the address shown on the i;ignature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with a aid statutory or legal requirement shall be deemed delewcd hcref'rorn, and provisions cord:OMing to such statutory or other legal requirement shall he deemed incorporated herein. The intent is that this Bond shall be construed as a tatutory bond and not as a common law bond, 12, Definitions. 12.1, Balance of the Contract Price. The total amount pay able by the OWNER to the CONTRACTOR under the Construction Contract tiller all cor'utractuat adjustments, have been made, including allowance to the CONTRACTOR of any amounts received or to .be received by the OWNER. in settlement of insurance or other claims for damages to which the CONI'R\C'IOR is entitled, reduced by all valid and proper payments rrtade to which the CONTRACTOR, in accordance with the Contract, is due. 12.2. Coristnictiori. Contract: The agreement between the OWNER and the CONTRACTOR identified on the signature page, including all Contract D : currents and changes thereto. 12.3. CONTRACTOR Default: Failure of the CONTRACTOR, which has neither been remedied nor walved,.to pet form or otherwise to comply with the terms of the Construction Contract. 12.4 OWNER Default: Failure of the OWNER, which has neither been remedied nor waived, to pay the CONTRACTOR as required by the Construction Contract or to perform and complete or comply with the other terms thereof. END OF SECTION Project No. 052511256.Ope)7 00610 — Passe 4 of 4 CONSTRICTION I'I. RrtORh1ANV1i IlONri Bond No: 22003654 CITY OF P[L4R .1i Vl Miscellaneous Road Improveni.ent Projects - C iroup 2 C' ON,STR U CT 1 C.) N PAYMENT BOND Any singular referenec to Contractor Surety, OWNEIR, or other party shall be considered plural where applicable, CON'T RA.C:TOR (Name and Address): W.T. BYLER CO. LP 15203 Lillj a Road Houston, Texas 77060 OWNER. (Name and Address): City of Pearland 3519 Liberty Drive Pearland, Texas 77581 t 1R ETY (Name arid Principal Place of Business): Liberty Mutual Insurance Company 12750 Merit Drive, Suite 710 Dallas, Texas 75251 CONSTRUCTION CONTR ACT Date: March 3, 2003 Amount (:In Numbers and Words): Seven Hundred Sixteen ,Thousand and No/100 ($716,000.00) Description (Nance and Location): Mobility and Drainage Bond Program: Misc Road Improvements Project-Group2 (Project Number - 052511256.0007 Pearland, Texas BOND Date iNot earlier than Contract Disler): March 3, 2003 Sevent undrec s xiteenojThousand and No/100 ($716,000.00) Modifications to this Bond Form: CONTRACTOR. AS PRINCIPAL Company: W.T. Byler C9 Signature:, Name and Title: • (Corp. Sea iff Atteberry SURETY Liberty Mutual Insurance Company Company: (%C:c� ). Seal) Signature V ) Name and Title: Margie Lange Chief Financial Officer lim A orney-In- rac Prtgvut NO. 0112:11 1256.04)07 00620 — Page 1 of 4 CONSTRUCTION Jc:TICON PAYiME 4•I• BOND • CITY OF PE.,4 kL -1ND WI-IEREAS: l'tiseellaneous Road lnrprovemitmt Projects - ( Troup The CONTRACTOR and the Surety, jointly and severally, bind themselves, their officers, directors, shareholders, partner ,, heirs, executors, adrninistntors, successor's and asstgirs to the OWNER to pay for labor, materials, and equipment furnished for use. in the performance of the Construction Contract, which is incorporated het ein by reference, ?, With respect to the OWNER, this obligation shall be hull and void if the. CONTRACTOR: 2.1. Makes payment in accordance with the normal and customary course of business, directly or indirectly, for all sums due Claimants, and 2,2. Defends, indemnities, and holds harmless the OWNER fiotn claims, demands, liens, or suits by any person or entity whose claim, demand, hen, or suit is for payment for labor, mail ials or equipment furnished for use in the performance of the Construction Contract, provided the OWNER has notified the CONI'R C:TOR and the 'surety (at the address described in Paragraph 12) of any claims, demands liens or suits, tendered defense of such claims, demands hens or suit„ to the CONTRACTOR and the Surety «ithin forty-five (45) days of actual knowledge of the event, and provided there is no OWNER Default. 3, With respect to Claimants, this obligation shall be null and void if the CONTRACTOR makes payment in accordance with the normal and et stotnary course of business., directly or indirectly, for all sums due, 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1. Claimants who are employed by, or have a direct contract with, the CONTRACTOR, have given notice to the Surety (at the address described in 'Paragraph 12 following) and scut a copy, or notice thereof; to the OWNER; stating that a claim is being made under this 3ond and, with substantial accuracy, specifies the amount of the claim. 4:2. Claimants who do not have a direct contract with the CONTRACTOR: 4.2.1. Have furnished written notice to the CON TRACTOR and have sent a copy, or notice thereat; to the OWNER, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the tabor was done or performed: and Have either receivcd a rejection in whole or in part from the CONTRACTOR, or not received within thirty (30) days of furnishing the above n atice, any communication from the CONTRACI OR by which the CONTRACTOR has indicated the claim will be paid directly or indirectly; and 4.2.3. Not having been paid within the above thirty (30) days, have sent a written notice to the Surety (at the address described in Paragraph 12 following) and have sent a copy, or notice thereof to the OWNER., stating that a claim is being, made under this Bond and enclosing a copy uf'the previous written notice furnished to the CONTRACTOR.. 5. If a notice required by Paragraph 4 above is given by the OWNER to the CONTRACTOR. or to the Surety, that is sufficient compliance. 1st ojeet No. 0112511256.0007 00620 — Pane 2 of 4 i:ilydsrruli:Ttiad 1,AYMENT BOND CFI OF.Ph'AkLAND Miscellaneous Road 'Improvement Projects - Group 2 6. When the Claimant has, satisfied the conditions of Paragraph 4 above, t}r-::iurety ;,hall promptly, and at the Surety's expense, take the following actions: 6.1. Send an answer to the Claimant, with a copy to the OWNER, within Corty-five (45) days after • receipt of the claim, stating -the amounts that are undisputed and that basis for challenging; any amounts that are disputed i.2. Pay or arrange for payment of any undisputed amounts, The Surety's total obligation shall not exceed the amount of this Bond, a.nd the amount of this B and shall be credited for any paviiicnts made in good faith by the Surety. Amounts owed by the OWNER to the CONTRACTOR under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the CC)Nl'RACTOR fumishin f„ and the OWNER accepting this t3ond, they agree that all funds earned by the C:.ONTRACIOR in the performance of the Construction Contractor are dedicated to satisfy obligations of the CONTRACTOR and the Surety under this Bond, subject to the OWNER's priority to use the funds tor the completion of the Work. The Surety shall not he liable to the OWNER, Claimants, or others for obligations of the CONTRACTOR that are unrelated to the Construction C.'ontract, The OWNER shall not be liable for payment of any costs or expenses of any Claimant under this Bond acid shall have, under this Bond, no obligations to mike payments, to give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10. The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders, and other obligations. 11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent.lurisdiclic. rt in the location in which the work Or part of the work is located or after the expiration of one (t) year from the date (1) c n which the. Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone of the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (t) or (2) first occurs. If the provisions of Paragraph 4 are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall he applicable. t2. Notice to the Surety, the OWNER, or the CONTRACTOR shall be mailed by certified or registered mail to the address shown on the signature page. Actual receipt of notice by the Surety, the OWNER, or the CONTRACTOR, however accomplished, skull be sufficient compliance as of the date received at the address shown Oft the signature page. 1i. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in the Bond conflicting with said statutory or legal requitement shall be deemed deleted hcrcfrcnn and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this f3ond shall be construed as a statutory bond and not as a common-law bond. PmlccL No. 05:5 t 12-56.0(107 0 620 ^ Page 3 of 4 CONSTRUCTION PAYMP.NT Iv)NI) CITY OF PEA.RI.AND Miscellaneous Road Improvcmc,nt Projects - Group 14. Upon request by any person or entity appearing to he a potential beneficiary of this Bond, the CONTRJ.LC :TOR shall promptly furnish a copy of this Bonet or shall permit a copy to he made, 15. Definitions, 15.1. Claimant: An individual or entity having a direct contract with the CONTRACTOR, or with a subcontractor of the CONTRACTOR, to furbish labor; materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include, without limitation in the terms, ' labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service, or rental equipment used in the Construction Contract; architectural and engineering services required br performance of the work of the CONTRAC FOR. and the CONTRACTOR'S subcontractors; and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor materials, or equipment were burnished. 15,2. Construction Contract The agreement between the OWNER and the CONTRACTOR identified on the signa:tuee page, including all Contract Documents and changes thereto. 15,_;. OWNER I)efautt: Failure of the OWNER, which has neither been remedied nor waived, to pay the CONTRACTOR., as required by the Construction Contract, or to perfoun and complete or comply with the other terms thereof EivI) OF SECTION Project No, 0525 I I 56.00(Y1 00620 Page d of 4 CONSTRUCTION PAYMENT BOND THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts mutual insurance company, pursuant to and by authority of the By-law and Authonzation hereinafter set forth, does hereby name constitute and appoint DAVID G. MICLETTE, MARGIE LANGE, J. FRANK KELLEY, BARRY MCCORD, EDWARD G. BRITT, JR., KRISTI LOVETT, JACK MCREYNOLDS, VICKIE BYUS, ALL OF THE CITY OF HOUSTON, STATE OF TEXAS , each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding THIRTY-FIVE MILLION AND 00/100******************** DOLLARS ($ 35,000,000.00 ) each, and the execution of such undertakings, bonds, recognizances and other surety obligations, inpursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XVI - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in - fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article XVI, Section 5 of the By-laws, Timothy C. Mulloy, an official of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys -in -fact as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. All Powers of Attorney attested to or executed by Timothy C. Mulloy in his capacity as an officer or official of Liberty Mutual Insurance Company, whether before, on or after the date of this Authorization, including without limitation Powers of Attorney attested to or executed as Assistant Secretary of Liberty Mutual Insurance Company are hereby ratified and approved. That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 25th day of June ' 2002 LIBERTY MUTUAL INSURANCE COMPANY 1071017 By C. Timo 1 C. Mull, s ssistant Secre ary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 25th day of 4unF' 9002 before me, a Notary Public, personally came Timothy C. Mullov, to me known, and acknowledged that he is an official of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WHEREOF, I havgtharepnto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. CERTIFICATE a ota Public rY I, the undersigned, Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney was one of the officers or officials specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article XVI, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said company, this day of lentoICE- C :at R F. X. Hee, Assistant Secretary Libe Bond Services.,. \icmhcr of I.ihcrry Mutual Croup Important Notice TO OBTAIN INFORMATION ABOUT THIS BOND OR TO MAKE A COMPLAINT: You may 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: P O. Box 149104 Austin, TX 78714-9104 This notice is for information purposes only and does not become a part of or a condition of the attached document. It is given to comply with Section 2253.048, Government Code, and Section 53.202, Property Code, Effective September 1, 2001 NOTICE FROM SURETY REQUIRED BY TERRORISM RISK INSURANCE ACT OF 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (referred to hereinafter as the `Act") this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: Liberty Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM Insurance Corporation; The First Liberty Insurance Corporation; Liberty Insurance Corporation; Employers Insurance Company of Wausau (formerly `EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless Insurance Company; and any other company that is a part of or added to the Liberty Mutual Group for which surety business is underwritten by Liberty Bond Services (referred to collectively hereinafter as the "Issuing Sureties"). NOTICE FORMS PART OF BOND This notice forms part of surety bonds issued by any one or more of the Issuing Sureties. DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United. States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. LMIC-6539 2/03 CITY OF PEARLAND GENERAL CONDITIONS GENERAL CONDITIONS OF AGREEMENT TABLE OF CONTENTS Page No. 1. DEFINITIONS AND INTERPRETATIONS 1 1.01 Owner, Contractor and Engineer 1 1.02 Contract Documents 1 1.03 Subcontractor 1 1.04 Written Notice 1 1.05 Work 2 1.06 Extra Work 2 1.07 Working Day 2 1.08 Calendar Day 2 1.09 Substantially Completed 2 1.10 Interpretation of Words and Phrases 2 1.11 Referenced Standards 3 1.12 Special Conditions 3 2. RIGHTS AND RESPONSIBILITIES OF THE OWNER 3 2.01 Adequacy of Design 3 2.02 Right of Entry 3 2.03 Ownership of Drawings 3 2.04 Changes and Alterations 4 2.05 Damages 4 3. RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 4 3.01 Owner -Engineer Relationship 4 3.02 Keeping of Plans and Specifications Accessible 5 3.03 Preliminary Approval 5 3.04 Inspection by Engineer 5 3.05 Determination of Questions and Disputes 6 3.06 Objections 6 3.07 Recommendation of Payment 6 4/00 00700-i CITY OF PEARLAND GENERAL CONDITIONS 4. RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 7 4/00 4.01 Independent Contractor 7 4.02 Contractor's Understanding 7 4.03 Laws and Ordinances 7 4.04 Assignment and Subletting 8 4.05 Performance and Payment Bonds 8 4.06 Insurance 8 4.07 Certificate of Insurance 10 4.08 Permits and Fees 11 4.09 Texas State Sales Tax 11 4.10 Contractor's Duty and Superintendence 11 4.11 Character of Workers 11 4.12 Labor, Equipment, Materials, Construction Plant and Buildings 12 4.13 Sanitation 12 4.14 Cleaning and Maintenance 12 4.15 Performance of Work 12 4.16 Right of Owner to Modify Methods and Equipment 13 4.17 Layout of Work 13 4.18 Shop Drawings 13 4.19 Engineer -Contractor Relationship; Observations 14 4.20 Observation and Testing 14 4.21 Defects and Their Remedies 15 4.22 Liability for Proper Perfon nance 15 4.23 Protection Against Accident To Employees and the Public 16 4.24 PROTECTION OF Adjoining Property 16 4.25 Protection against Claims of Subcontractors, Laborers, Materialmen and Furnishers of Machinery and Supplies 17 4.26 Protection Against Royalties or Patented Invention 17 4.27 Indemnification 17 4.28 Losses From Natural Causes 18 4.29 Guarantee 19 PROSECUTION AND PROGRESS 19 5.01 Time and Order of Completion 19 5.02 Extension of Time 19 5.03 Hindrances and Delays 20 5.04 Liquidated Damages for Delay 20 00700-ii CITY OF PEARLAND GENERAL CONDITIONS 6. MEASUREMENT AND PAYMENT 21 6.01 Discrepancies and Omissions 21 6.02 Quantities and Measurements 21 6.03 Estimated Quantities 21 6.04 Price of Work 21 6.05 Payments 22 6.06 Partial Payments 22 6.07 Use of Completed Portions 23 6.08 Final Completion and Acceptance 23 6.09 Final Payment 24 6.10 Correction of Work Before Final Payment 24 6.11 Correction of Work After Final Payment 24 6.12 Payments Withheld 25 6.13 Delayed Payments 25 7. EXTRA WORK AND CLAIMS 26 7.01 Change Orders 26 7.02 Minor Changes 26 7.03 Extra Work 26 7.04 Time of Filing Claims 28 8. ABANDONMENT OF CONTRACT 28 8.01 Abandonment by Contractor 28 8.02 Abandonment by Owner 30 9. ARBITRATION 31 9.01 Arbitration 31 ATTACHMENT NO. 1 - WORKERS' COMPENSATION INSURANCE COVERAGE Al ATTACHMENT NO. 2 - AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S SWORN RELEASE B1 4/00 00700-iii CITY OF PEARLAND GENERAL CONDITIONS SECTION 00700 GENERAL CONDITIONS OF AGREEMENT 1.0 DEFINITIONS AND INTERPRETATION 1.01 OWNER, CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOR, and the ENGINEER are those persons or organizations identified as such in the Agreement The term ENGINEER means a person authorized to act as a representative of the entity designated by the OWNER to provide engineering services required in connection with the preparation and performance of this Contract. 1.02 CONTRACT DOCUMENTS. The contract documents shall consist of all of the documents contained, assembled and bound with these General Conditions of Agreement, including, whether or not labeled as such, Notice to Bidders (Advertisement), General Instructions to Bidders, Proposal, Addenda, signed Agreement, Performance and Payment Bonds (if required), Special Bonds (when required), General Conditions of Agreement, Special Conditions of Agreement (if any), Insurance Certificate, Technical Specifications, Plans and all modifications thereof incorporated in any of the documents before the execution of the Agreement, and any other document, whether or not labeled, which shall become a part of the set of documents bound together with the General Conditions of Agreement. The contract documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflicts between any of the contract documents shall be resolved first by reference to these General Conditions of Agreement; and in the event the General Conditions of Agreement do not address such conflict, then the designated ENGINEER shall resolve any conflict by a written interpretation, copies of which shall be forwarded to all parties to the Contract, and the original shall be attached to and shall become a part of these General Conditions of Agreement and thus a part of the contract documents. 1.03 SUBCONTRACTOR The term "subcontractor," as employed herein, includes only those having a direct contract with the CONTRACTOR for performance of work on the project contemplated by these contract documents OWNER shall have no responsibility to any subcontractor employed by CONTRACTOR for performance of work on the project contemplated by these contract documents, and any such subcontractor shall look exclusively to CONTRACTOR for any payments due subcontractor. 1.04 WRITTEN NOTICE. Written Notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by Certified Mail, Return Receipt Requested, to the last known business address or registered office of such individual, firm or corporation. 4/00 00700-1 CITY OF PEARLAND GENERAL CONDITIONS 1.05 WORK. Unless otherwise stipulated, the CONTRACTOR shall provide and pay for all matenals, supplies, machinery, equipment, tools, superintendence, labor, services, insurance, and all water, light, power, fuel, transportation, and all other facilities or services of any nature whatsoever necessary for the execution and completion of the work covered by the contract documents. Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of good quality. The CONTRACTOR shall, if required by the ENGINEER as representative of the OWNER, furnish satisfactory evidence. as to the kind and quality of materials. Materials or work described in words which so applied have well-known, technical or trade meaning shall be held to refer to such recognized standards All work shall be done and all materials shall be furnished in strict conformity with the contract documents. 1.06 EXTRA WORK. The term `Extra Work," as used in this Contract, shall be understood to mean and include all work that may be required by the ENGINEER as representative of the OWNER, to be done by the CONTRACTOR to accomplish any change, alteration or addition to the work shown upon the plans or reasonably implied by the specifications, and which shall, prior to the commencement of such work, be authorized in writing by the ENGINEER. 1.07 WORKING DAY. A "working day" is defined as any day not including Saturdays, Sundays or any legal holidays, in which weather or other conditions not under the control of the CONTRACTOR, will permit construction of the principal units of the work for a period of not less than seven (7) hours between 7:00 a.m. and 6:00 p.m. 1.08 excepted. 1.09 SUBSTANTIALLY COMPLETED. The teinu "substantially completed,' as used in this Contract, means that the structure or project contemplated by the contract documents has been made suitable for use or occupancy or the facility is in a condition to serve its intended purpose, but shall require minor miscellaneous work and adjustment. 1.10 INTERPRETATION OF WORDS AND PHRASES Whenever the words `directed," "permitted," "designated," « ' "considered considered necessary," "prescribed," or words of like import are used it shall be understood that the direction, requirement, permission, order, designation or prescription of the ENGINEER as the OWNER's representative is intended. Similarly, the words `approved," "acceptable, "satisfactory " or words of like import shall mean that no exception is taken, but does not relieve CONTRACTOR of responsibility for performance of project requirements. Whenever in the Specifications or drawings accompanying this Agreement, the terms of description of various qualities relative to finish workmanship or other qualities of similar kind which cannot, from their nature, be specifically and clearly described and specified, but are necessarily described in general terms, the fulfillment of which must depend on individual judgment, then, in all such cases, CALENDAR DAY. A "calendar day" is any day of the week or month, no days being 4/00 00700-2 CITY OF PEARLAND GENERAL CONDITIONS any question of the fulfillment of said Specifications shall be decided by the ENGINEER as the OWNER's representative, and said work shall be done in accordance with his interpretations of the meaning of the words, terms or clauses defining the character of the work 1.11 REFERENCED STANDARDS. No provision of any referenced standard specification, or manual shall be effective to change the duties and responsibilities of the Owner, Engineer, Contractor, or their consultants, employees, or representatives from those set forth in the Contract Documents, nor shall it be effective to assign to the Engineer or its consultants, employees, or representatives any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibilities contrary to provisions of the Contract Documents. 1.12 SPECIAL CONDITIONS. In the event special conditions are contained herein as part of the contract documents and said special conditions conflict with any of the general conditions contained in this Contract, then in such event the special conditions shall control. 2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER 2.01 ADEQUACY OF DESIGN. It is understood that the OWNER believes it has employed competent engineers and/or designers. It is, therefore, agreed that the OWNER shall be responsible for the adequacy of the design, sufficiency of the contract documents, the safety of the structure and the practicability of the operations of the completed project, provided that the CONTRACTOR has complied with the requirements of the said contract documents, all approved modifications thereof and additions and alterations thereto approved in wnting by the OWNER. The burden of proof of such comphance shall be upon the CONTRACTOR to show that he has complied with the requirements of the contract documents and approved modifications thereof and all approved additions and alterations, thereto, as the same shall have been interpreted by the ENGINEER. 2.02 RIGHT OF ENTRY. The OWNER reserves the right to enter the property or location on which the work herein contracted for is to be constructed or installed, for itself or such agent or agents as it may select, for the purpose of inspecting the work, or for the purpose of constructing or installing such collateral work as the OWNER may desire. The OWNER shall have the right to make inspections at all reasonable times, and the CONTRACTOR shall have no cause to complain if his work shall be delayed by reason of such inspection, construction or installation of collateral work. 2 03 OWNERSHIP OF DRAWINGS. All drawings, specifications and copies thereof furnished by the OWNER shall not be reused on other work and, with the exception of the sets forming the part of the signed contract documents, are to be returned to the OWNER on request at the completion of the work. All drawings and models are the property of the OWNER. 4/00 00700-3 CITY OF PEARLAND GENERAL CONDITIONS 2.04 CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that the Owner may make such changes and alterations as the OWNER may see fit, in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of construction, without affecting the validity of thisContract and the accompanying Perfoiuiance and Payment Bonds. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages or anticipated profits on the work that may be dispensed with. If the amount of work is increased and the work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this Contract, except as hereinafter provided for unit price items under Article 6 of this Contract; otherwise, such additional work shall be paid for as provided under Article 7 hereof for Extra Work. In case the OWNER shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the OWNER shall compensate the CONTRACTOR for any material or labor so used and for any actual loss occasioned by such change due to actual expenses incurred in preparation for the work as originally planned. 2.05 DAMAGES. In the event the CONTRACTOR is damaged in the course of the completion of the work by the act, negligence, omission, mistake, or default of the OWNER, thereby causing loss to the CONTRACTOR, the OWNER agrees that he will reimburse the CONTRACTOR for such loss. In the event the OWNER is damaged in the course of the work by the act, negligence, omission, mistake or default of the CONTRACTOR, or should the CONTRACTOR unreasonably delay the progress of the work being done by others on the job so as to cause loss for which the OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss. 3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 3.01 OWNER -ENGINEER RELATIONSHIP. The ENGINEER shall serve as the OWNER's representative during construction. The duties, responsibilities, and limitations on the authority of the ENGINEER as the OWNER's representative during construction are set forth in the contract documents; and the ENGINEER shall not have authority to extend the OWNER's liability or to bind the OWNER for any additional liability of any nature whatsoever without the written consent of the OWNER. The ENGINEER shall advise the OWNER as to the progress of the work, and any instructions by the OWNER to the CONTRACTOR shall be issued through the ENGINEER. It is the intent of this Agreement that there shall be no delay in the execution of the work; therefore, written decisions or directions rendered by the ENGINEER as the OWNER's representative shall be promptly carried out, and any claim arising therefrom shall be adjusted as hereinafter provided. Unless otherwise specified it is mutually agreed between the parties to this Agreement that the ENGINEER shall review all work included herein and shall have the authority to issue written stop 4/00 00700-4 CITY OF PEARLAND GENERAL CONDITIONS work orders whenever such stoppage may be necessary to insure the proper execution of this Contract. 3.02 KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE. The ENGINEER shall furnish the CONTRACTOR with an adequate and reasonable number of copies of all Plans and Specifications without expense to the CONTRACTOR, and the CONTRACTOR shall keep one copy of the same constantly accessible on the job site with the latest revisions noted thereon. The CONTRACTOR shall be responsible for preserving the Plans and Specifications for reference and review by the OWNER or the ENGINEER. 3.03 PRELIMINARY APPROVAL The ENGINEER shall not have the power to waive the obligations imposed under this Contract for the furnishing by the CONTRACTOR of good material, and for performing good work as herein described, and in full accordance with the Plans and Specifications, without alteration, deletion or change. No failure or omission of the ENGINEER to discover, object to or condemn any defective work or material shall release the CONTRACTOR from the obligation to fully and properly perform the Contract, including without limitation the obligation to at once tear out, remove and properly replace any defective work or material at any time prior to final acceptance upon discovery of such defective work or material; provided, however, that the ENGINEER shall, upon request of the CONTRACTOR, inspect and accept or reject any material furnished, and in the event the material has been once accepted by the ENGINEER, such acceptance shall be binding on the OWNER, unless it can be clearly shown that such material furnished does not meet the specifications for this work. Any questioned work may be ordered taken up or removed for re-examination by the ENGINEER prior to final acceptance, and if found not to be in accordance with the specifications for said work, all expense of removing, re-examination and replacement shall be borne by the CONTRACTOR; otherwise the expense thus incurred shall be allowed as Extra Work and shall be paid for by the OWNER, provided that where inspection or approval is specifically required by the Specifications prior to performance of certain work, should the CONTRACTOR proceed with such work without requesting prior inspection or approval, he shall bear all expense of taking up, removing and replacing this work if so directed by the ENGINEER. 3.04 INSPECTION BY ENGINEER. The ENGINEER shall make periodic visits to the site to observe the progress and quahty of the executed work and to determine if such work generally meets the essential performance and design features and the technical, functional and/or engineering requirements of the contract documents, and is in all other respects being performed m compliance with the contract documents. However, the ENGINEER shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on -site inspections to check the quality and/or quantity of the work, nor shall the ENGINEER be in any way responsible, directly or indirectly, for the construction means, methods, techniques, sequences, quahty, procedures, programs, safety precautions or lack of same incident to the work being performed or any part thereof. The ENGINEER shall use reasonable care to prevent deviation from the intent and substance of the 4/00 00700-5 CITY OF PEARLAND GENERAL CONDITIONS contract documents by the CONTRACTOR in the performance of the work and any part thereof and, on the basis of such on -site observations, will keep the OWNER informed of the progress of the work and will endeavor to guard the OWNER against defects and deficiencies in the work of the CONTRACTOR. Notwithstanding any other provision of this Agreement or any other contract document, the ENGINEER shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the CONTRACTOR, any subcontractors' agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the work. 3.05 DETERMINATION OF QUESTIONS AND DISPUTES. In order to prevent delays and disputes and to discourage litigation, it is agreed that the ENGINEER shall, in all cases, determine the amounts and quantities of the several kinds of work which are to be paid for under this Contract. The ENGINEER shall determine all questions in relation to said work and the construction thereof, as well as all claims, disputes and other matters in question between the CONTRACTOR and the OWNER relating to the execution or progress of the work or the interpretation of the contract documents. In the event the ENGINEER shall become aware of or shall receive information that there is a dispute or a possible dispute as to the reasonable interpretation of the terms and conditions of the contract documents, or any other dispute, claim or question, the ENGINEER shall, within a reasonable time, provide a written interpretation of the contract documents or a written decision on all claims of the parties hereto and on all questions arising relative to the execution of the work, copies of which shall be delivered to all parties to the Contract, and the original thereof shall become a part of the contract documents and shall be binding and final as to all parties to the Contract. 3.06 OBJECTIONS. In the event the ENGINEER renders any decision which, in the opinion of either the OWNER or the CONTRACTOR, is not in accordance with the meaning and intent of this Contract, either party may, within thirty (30) days of receipt of such decision, file its written objection to the decision with the ENGINEER; and the ENGINEER shall, upon receipt of such written objection and within twenty (20) days thereafter, review the same and render a written affirmation or modification of the original interpretation, which shall become a part of the contract documents. Either party who shall remain aggrieved after the ENGINEER has rendered his affirmation or modification of his previous decision, shall have the right, within a period not to exceed sixty (60) days after the ENGINEER has filed his affirmation or modification of the decision with the Distnct Secretary, to file suit in the District Court, seeking a declaratory judgment or other relief to determine the intent of the contract documents If any aggrieved party shall fail to file such a petition with the District Court within the time specified, the decision of the ENGINEER shall become final and binding and non -appealable. 3.07 RECOMMENDATION OF PAYMENT. The ENGINEER shall review the CONTRACTOR s application for payment and supporting documents, shall determine the amount owed to the CONTRACTOR and shall provide written recommendation to the OWNER for payment to the CONTRACTOR in such amount Such recommendation of payment to CONTRACTOR shall constitute a representation to the OWNER of the ENGINEER's judgment that the work has progressed to the point indicated, to the best of his knowledge, information and belief; however, such 4/00 00700-6 CITY OF PEARLAND GENERAL CONDITIONS recommendation of an application for payment to CONTRACTOR shall not be deemed to be a representation by the ENGINEER that any examination has been made to determine how or for what purpose CONTRACTOR has used the monies paid on account of the contract price. As a condition of final payment, the CONTRACTOR shall execute an Agreement for Final Payment and Contractor's Sworn Release, in a form as included herein and made a part of these contract documents, being its agreement to accept the amount recommended by the ENGINEER as full payment for the work that has been completed as set out in the CONTRACTOR s application for payment and supporting data. 4.0 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 4.01 INDEPENDENT CONTRACTOR. CONTRACTOR is, and shall remain, an independent contractor, solely responsible for the manner and method of completing the work under this Contract, with full and exclusive power and authority to direct, supervise and control his own employees and to determine the means, method, and manner of performing such work, so long as such methods do not adversely affect the completed improvements or any other property abutting or adjoining the work area, the OWNER and ENGINEER being interested only in the result obtained and conformity of such completed improvements to the Plans, Specifications and Contract. The fact that the OWNER or ENGINEER as the Owner's representative shall have the right to observe CONTRACTOR's work during his perfonnance and to carry out the other prerogatives which are expressly reserved to and vested in the OWNER and the ENGINEER hereunder, is not intended to and shall not at any time change or affect the status of the CONTRACTOR as an independent contractor with respect to either the OWNER or the ENGINEER as the OWNER'S representative or to the CONTRACTOR s own employees or to any other person, firm or corporation. 4.02 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality, and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which in any way affect the work under this Contract. It is further understood that the CONTRACTOR has satisfied himself as to the terms, meaning and intent of all of the contract documents and understands the meanings of all parts of such documents or other factors affecting the work, which were not previously understood. No verbal agreement or conversation with any officer, agent or employee of the OWNER or the ENGINEER, either before or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained. 4.03 LAWS AND ORDINANCES The CONTRACTOR shall at all times observe and comply with all federal, state or local laws ordinances and regulations, regardless of whether the same are adopted before or after the execution of this Contract which in any manner affect the Contract or the work, and shall indemnify, save and hold harmless the OWNER and the ENGINEER against any claim arising out of the violation of any such laws, ordinances, and regulations, whether 4/00 00700-7 CITY OF PEARLAND GENERAL CONDITIONS by the CONTRACTOR or his employees. If the CONTRACTOR observes that the Plans and Specifications are at variance with federal or state laws or the ordinances or regulations of the City, he shall promptly notify the ENGINEER in writing, and any necessary changes shall be made as provided in the Contract for changes in the work. If the CONTRACTOR performs any work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the ENGINEER, he shall bear all costs arising there from. The OWNER is a Political Subdivision of the State of Texas, and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the OWNER may enter into contracts, shall be controlling and shall be considered as part of this Contract to the same effect as though embodied herein. The Code of Ordinances and other applicable regulations of the OWNER shall be deemed to be embodied in this Contract. 4.04 ASSIGNMENT AND SUBLETTING. The CONTRACTOR further agrees that he will retain personal control and will give his personal attention to the fulfillment of this Contract and that he will not assign by power of attorney or otherwise, or sublet said Contract without the written consent of the ENGINEER, and that no part or feature of the work will be sublet to anyone objectionable to the ENGINEER or the OWNER. In addition, the OWNER reserves the right to disapprove the subletting of this Contract or any portion hereof on any basis whatsoever. The CONTRACTOR further agrees that the subletting of any portion or feature of the work or materials required in the performance of this Contract shall not relieve the CONTRACTOR from his obligations to the OWNER, as provided for by this Agreement. 4.05 PERFORMANCE AND PAYMENT BONDS. In the event the contract price shall be in excess of $25,000 00, the CONTRACTOR shall execute separate Performance and Payment Bonds, each in the sum of one hundred percent (100%) of the total contract price, which shall be increased at any time to cover any change orders, additives or add-ons, in accordance with the provisions of Chapter 2253 of the Texas Government Code. If the contract price does not exceed $25,000.00, the statutory bonds will not be required. All required bonds shall be submitted on forms approved by the OWNER for this purpose guaranteeing the faithful performance of the work and fulfillment of any guarantees required, and further guaranteeing payment to all persons supplying labor and materials or furnishing him any equipment in the execution of the Contract. It is agreed that the Contract shall not be in effect until such Performance and Payment Bonds are furnished and approved by the OWNER. Each such bond shall be executed by a corporate surety. or corporate sureties duly authorized to do business in the State of Texas The cost of the premium for the Performance and Payment Bonds shall be included in the CONTRACTOR's Proposal. 4 06 INSURANCE. The CONTRACTOR, at his own expense, shall procure, maintain and keep in force throughout the life of this Contract, and for one additional year insurance as hereinafter specified. Such insurance shall be carried with an insurance company licensed to transact 4/00 00700-8 CITY OF PEARLAND GENERAL CONDITIONS business in the State of Texas and shall cover all operations in connection with this Contract, whether performed by the CONTRACTOR or a subcontractor, or separate policies shall be provided covering the operation of each subcontractor. No policy shall be written on a "claims made" form. The OWNER, the ENGINEER, their agents and employees shall be named as additional insureds on CONTRACTOR's Commercial General Liability, Automobile Liability and excess or Umbrella Liability policies. OWNER may waive the additional insured requirement under the Commercial General Liability policy if an OWNER's and CONTRACTOR s Protective Liability policy with general aggregate limits of $2,000,000.00, with $1,000,000.00 per occurrence limit, is provided. The contractual liability coverage in the Commercial General Liability policy shall not be excluded. The following insurance coverages will be carried and certified. (1) Workers' Compensation Insurance and Employer's Liability Insurance. Attachment No. 1 to these General Conditions contains statutory requirements for Workers' Compensation Insurance The Employer s Liability Insurance shall have limits as follows: Bodily injury by accident $500,000 each accident. Bodily injury by disease: $500,000 policy limit. Bodily injury by disease: $500,000 each employee. (2) Commercial General Liability Insurance: Including Contractor's Protective Liability, Broad Form Property Damage, Contractual Liabihty, Bodily Injury, Personal Injury, and Products and Completed Operations (for a period of one (1) year following completion of the Work under this Agreement) Combined single limit of $1,000,000 each occurrence, Subject to general aggregate $2,000,000; Products and Completed Operations, $1,000,000 aggregate 4/00 00700-9 CITY OF PEARLAND GENERAL CONDITIONS (3) Automobile Liability Insurance: Bodily injury per person: $250,000. Bodily injury per accident: $500,000. Property damage: $250,000. Or a policy providing combined single limits of $750,000. (4) OWNER, at its own discretion, may require an umbrella or excess limits liability policy. (5) All coverages shall be endorsed to waive the carrier's right of subrogation against the OWNER. In the event the CONTRACTOR shall fail to provide insurance as herein required, or be subject to claim, demand or litigation growing out of or arising from a claim not contemplated herein, such failure on the part of the CONTRACTOR shall not serve to release or in any way discharge or shift the liability of the CONTRACTOR to the ENGINEER or OWNER; BUT THE CONTRACTOR DOES HEREIN AGREE TO INDEMNIFY AND HOLD THE ENGINEER AND OWNER HARMLESS FROM ANY AND ALL CLAIMS GROWING OUT OF OR ARISING BY REASON OF ANY OF THE CIRCUMSTANCES HEREIN ENUMERATED, OR ANY OTHER CLAIMS OR DEMANDS MADE BY ANY PERSON, GROWING OUT OF OR ARISING BY REASON OF THE WORK PERFORMED BY THE CONTRACTOR. 4.07 CERTIFICATE OF INSURANCE. Within ten (10) days after notification of award of Contract, the CONTRACTOR and each subcontractor shall submit to the OWNER for approval, certificates of insurance covenng each insurance policy carried and offered as evidence of compliance with the above insurance requirements, signed by an authorized representative of the insurance company, setting forth: (1) The name and address of the insured; (2) The location of the operations to which the insurance applies; (3) The name of the pohcy and type or types of insurance in force thereunder on the date borne by such certificate. (4) The expiration date of the policy and the limit or limits of liability thereunder on the date borne by such certificates. 4/00 00700-10 CITY OF PEARLAND GENERAL CONDITIONS (5) A statement that the insurance of the type afforded by the policy applies to all of the operations of whatever character, which are undertaken by the insured during the performance of this Contract, provided such operations are required in the performance of the Contract; (6) A provision that the policy may be canceled or materially changed only by mailing written notice to the named insured at the address shown in the policy, stating when, not less than thirty (30) days thereafter, cancellation or change of such policy shall be effective, with a copy of such letter of intent to the OWNER. 4.08 PERMITS AND FEES Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for all construction permits, licenses, and inspections necessary for proper execution and completion of the Work and which are legally required at the time bids are received. 4.09 TEXAS STATE SALES TAX. Materials incorporated into this project are exempt from State Sales according to provisions of the Texas Tax Code, Chapter 151, Subsection H. The Contractor must obtain a limited sales, excise, and use tax permit or exemption certificate which shall enable him to buy the materials to be incorporated into the work without paying tax at the time of purchase. 4.10 CONTRACTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of this Contract and shall keep on the work during its progress, a competent superintendent and any necessary assistants all satisfactory to the ENGINEER as the OWNER's representative. The superintendent shall represent the CONTRACTOR in his absence and shall act as the employee or agent of the CONTRACTOR, and all directions given to him shall be binding as if given to the CONTRACTOR. Adequate supervision by competent and reasonable representatives of the CONTRACTOR is essential to the proper performance of the work, and lack of such supervision shall be grounds for suspending operations of the CONTRACTOR. The work, from its commencement to completion, shall be under the exclusive charge and control of the CONTRACTOR, and all nsk in connection therewith shall be borne by the CONTRACTOR. Neither the OWNER nor the ENGINEER as the OWNER's representative will be responsible for the acts or omissions of the CONTRACTOR, its subcontractors or any of its agents or employees, or any other persons performing any of the work. 4.11 CHARACTER OF WORKERS. The CONTRACTOR agrees to employ only orderly and competent workers, skillful in the performance of the type of work required under this Contract, to do the work, and agrees that whenever the ENGINEER shall inform him in writing that any 4/00 00700-11 CITY OF PEARLAND GENERAL CONDITIONS worker or workers on the work are, in his opinion, incompetent, unfaithful or disorderly, or in the ENGINEER's opinion, are not using their best efforts for the progress of the work, such worker or workers shall be discharged from the work and shall not again be employed on the work without the ENGINEER s written consent. 4.12 EQUIPMENT, MATERIALS CONSTRUCTION PLANT AND BUILDINGS. The CONTRACTOR shall provide all labor, tools, equipment, machinery and materials necessary in the prosecution and completion of this Contract where it is not otherwise specifically provided that the OWNER shall furnish same; and further, the CONTRACTOR shall be responsible for the care, preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools, apparatus, accessones, facilities all means of construction and any and all parts of the work, whether the CONTRACTOR has been paid, partially paid or not paid for such work, until the entire work is completed and accepted. The building of structures for housing workers, or the erection of tents or other Minis of protection, will be permitted only at such places as the ENGINEER shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the ENGINEER. Any structures of any nature constructed or erected by the CONTRACTOR for the purposes herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper erection or construction thereof; and the CONTRACTOR agrees to indemnify and hold the ENGINEER or OWNER harmless from any claims of any nature whatsoever brought against either of them for damages allegedly sustained by anyone by reason of the erection, construction or maintenance of CONTRACTOR's buildings. 4.13 SANITATION. Necessary sanitary conveniences for the use of laborers on the work site properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by the ENGINEER, and their use shall be strictly enforced. Any structures of any nature constructed or erected by the CONTRACTOR for the purposes herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper erection or construction thereof, and the CONTRACTOR agrees to indemnify and hold the ENGINEER or OWNER harmless from any claims of any nature whatsoever brought against either of them for damages allegedly sustained by anyone by reason of the erection, construction or maintenance of CONTRACTOR's buildings. 4.14 CLEANING AND MAINTENANCE. The CONTRACTOR shall at all times keep and maintain the premises free from accumulation of debris caused by the work, and at the completion of the work, he shall remove all such debns and also his tools, scaffolding and surplus materials and shall leave the work broom -clean or its equivalent. The work shall be left in good order and condition. In case of dispute, the OWNER may remove the debns and charge the cost to the CONTRACTOR. 4/00 00700-12 CITY OF PEARLAND GENERAL CONDITIONS 4.15 PERFORMANCE OF WORK. It is further agreed that it is the intent of this Contract that all work must be done and all material must be furnished in accordance with the generally accepted practice for such materials furnished or work completed. 4.16 RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT. If at any time the methods or equipment used by the CONTRACTOR are found to be inadequate to secure rate of progress required under this Contract, the OWNER or the ENGINEER as the OWNER's representative may order the CONTRACTOR in writing to improve their efficiency, and the CONTRACTOR shall comply with such order. If at any time the working force of the CONTRACTOR is inadequate for securing the progress herein specified, the CONTRACTOR shall, if so ordered in writing, increase his force or equipment, or both, to such an extent as to give reasonable assurance of compliance with the schedule of progress. 4.17 LAYOUT OF WORK. Except as specifically provided herein, the CONTRACTOR shall be responsible for laying out work and shall accomplish this work in a manner acceptable to the ENGINEER. 4.18 SHOP DRAWINGS. The CONTRACTOR shall submit to the ENGINEER, with such promptness as to cause no delay in his own work or in that of any other contractor, six (6) checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades. Contractor will check and approve shop drawings for compliance with requirements of Contract and will so certify by stamp on each drawing prior to submittal to ENGINEER. Any drawings submitted without Contractor's stamp of approval will not be considered and will be returned to him for proper submission The ENGINEER shall pass upon them with reasonable promptness, indicating desired corrections. The CONTRACTOR shall make any corrections required by the ENGINEER, file with him two (2) corrected copies and furnish such other copies as may be needed. The ENGINEER's approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from drawings or specifications unless he has, in writing, called the ENGINEER's attention to such deviations at the time of the submission, and the ENGINEER has acknowledged such deviations in writing, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the CONTRACTOR's responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required contract work in accordance with the Plans and Specifications and within the contract time. Such review by the ENGINEER shall be for the sole purpose of determining the sufficiency of said drawings or schedules to result in finished improvements in conformity with the Plans and Specifications, and shall not relieve the CONTRACTOR of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the ENGINEER does not assume 4/00 00700-13 CITY OF PEARLAND GENERAL CONDITIONS any duty to pass upon the propnety or adequacy of such drawings or schedules, or any means or methods reflected thereby in relation to the safety of either person or property during CONTRACTOR s performance hereunder, and any action taken by the ENGINEER shall not relieve the CONTRACTOR of his responsibility and liability, as set out in the contract documents. 4.19 ENGINEER -CONTRACTOR RELATIONSHIP, OBSERVATIONS. It is agreed by the CONTRACTOR that the ENGINEER, as the OWNER s representative, shall be and is hereby authorized to appoint such subordinate engineers, supervisors or observers as the said ENGINEER may from time to time deem proper to observe the materials furnished and the work done under this Agreement, and to see that said material is furnished and said work is done in accordance with the specifications therefor. The CONTRACTOR shall furnish all reasonable aid and assistance required by the subordinate engineers, supervisors, or observers for the proper observation and examination of the work. The CONTRACTOR shall regard and obey the directions and instructions of any subordinate engineers or observers so appointed, when such directions and instructions are consistent with the obligations of this Agreement and accompanying Plans and Specifications, provided, however, should the CONTRACTOR object to any orders by any subordinate engineer or observer, the CONTRACTOR may, within six (6) days, make written appeal to the ENGINEER for his decision. 4.20 OBSERVATION AND TESTING. The OWNER or the ENGINEER as the OWNER s representative shall have the right at all reasonable times to observe and test the work. The CONTRACTOR shall make all necessary arrangements and provide proper facilities and access for such observation and testing at any location wherever work is in preparation or progress. The CONTRACTOR shall ascertain the scope of any observation which may be contemplated by the OWNER or the ENGINEER and shall give ample notice as to the time each part of the work will be ready for such observation. The OWNER or the ENGINEER may reject any work found to be defective or not in accordance with the contract documents, regardless of the stage of its completion or the time or place of discovery of such errors and regardless of whether the ENGINEER has previously accepted the work through oversight or otherwise. If any work is covered without approval or consent of the OWNER, it must, if requested by the OWNER or the ENGINEER, be uncovered for examination, at the sole expense of the CONTRACTOR. In the event that any part of the work is being fabricated or manufactured at a location where it is not convenient for the OWNER or the ENGINEER to make observations of such work or require testing of said work, then in such event, the OWNER or the ENGINEER may require the CONTRACTOR to furnish the OWNER or the ENGINEER with certificates of inspection, testing, or approval made by persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescnbed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the contract documents. 4/00 00700-14 CITY OF PEARLAND GENERAL CONDITIONS If any work which is required to be inspected, tested or approved is covered up without written approval or consent of the OWNER or the ENGINEER, it must, if requested by the OWNER or the ENGINEER, be uncovered for observation and testing, at the sole expense of the CONTRACTOR. The cost of all such inspections, tests, and approvals shall be borne by the CONTRACTOR unless otherwise provided herein. Any work which fails to meet the requirements of such tests, inspections, or approval, and any work which meets the requirements of any such tests or approval but does not meet the requirements of the contract documents shall be considered defective Such defective work shall be corrected at the CONTRACTOR's expense. Neither observations by the OWNER or by the ENGINEER nor inspections, tests, or approvals made by the OWNER, the ENGINEER, or other persons authorized under this Agreement to make such inspections, tests, or approvals, shall relieve the CONTRACTOR from his obligation to perform the work in accordance with the requirements of the contract documents. 4.21 DEFECTS AND THEIR REMED I N.S. It is further agreed that if the work or any part thereof, or any material brought on the site of the work for use in the work or selected for the same, shall be deemed by the ENGINEER as unsuitable or not in conformity with the Plans and Specifications, the CONTRACTOR shall, after receipt of written notice thereof from the ENGINEER, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this Contract. It is further agreed that any such remedial action contemplated herein shall be at CONTRACTOR's expense. 4.22 LIABILITY FOR PROPER PERFORMANCE Engineering construction drawings and specifications, as well as any additional instructions and information concerning the work to be performed passing from or through the ENGINEER shall not be interpreted as requiring or allowing the CONTRACTOR to deviate from the Plans and Specifications contained as a part of the contract documents, the intent of such drawings, specifications, and any other such instructions being to define with particularity the agreement of the parties as to work the CONTRACTOR is to perform. CONTRACTOR shall be fully and completely liable and contractually bound, at his own expense, for design, construction, installation and use or non-use of all items and methods instant to the performance of the Contract, including, without limitation, the adequacy of all temporary supports, shoring, bracing scaffolding, machinery or equipment safety precautions or devices, similar items, or devices used by him during construction and work performed either directly or incident to construction, and for all loss, damage or injury incident thereto, either to person or property, whether such damage be suffered by the ENGINEER, the OWNER, or any other person not a party to this Contract. Any review of work in progress or any visit or observation during construction, or any clarification of Plans and Specifications by the ENGINEER or the OWNER, or any agent, employee or representative of either of them, whether through personal observation on the project site or by means of approval of shop drawings for construction or construction processes or by other means or methods, is agreed by the CONTRACTOR to be for the purpose of observing the extent and nature 4/00 00700-15 CITY OF PEARLAND GENERAL CONDITIONS of work completed or being performed, as measured against the drawings and specifications which are part of the Contract, or for the purpose of enabhng the CONTRACTOR to more fully understand the Plans and Specifications so that the completed construction work will conform thereto, and shall in no way relieve the CONTRACTOR from full and complete responsibility for proper performance of his work on the project, including, without limitation, the propriety of means and methods of the CONTRACTOR in performing said Contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance. Any action by the ENGINEER or the OWNER in visiting or observing during construction, or any clarification of Plans and Specifications shall not constitute a waiver of CONTRACTOR's liability for damages as herein set out. Deviation by the CONTRACTOR from Plans and Specifications, whether called to the CONTRACTOR's attention or not, shall in no way relieve CONTRACTOR from his responsibility to complete all work in accordance with said Plans and Specifications, and further shall not relieve CONTRACTOR of his liability for loss, damage or injury as herein set out. 4.23 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC. The CONTRACTOR shall take out and procure a policy or pohcies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers Compensation laws of the State of Texas. The CONTRACTOR shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of federal, state, and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in accordance with the "Manual of Accident Prevention in Construction' of the Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The CONTRACTOR shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. All accidents or injuries to CONTRACTOR's employees working on the job site must be reported to the ENGINEER immediately. The safety precautions actually taken and their adequacy shall be the sole responsibility of the CONTRACTOR, in his sole discretion as an independent contractor. Inclusion of this paragraph in the Agreement, as well as any notice which may be given by the OWNER or the ENGINEER as the OWNER's representative concerning omissions under this paragraph as the work progresses, are intended as reminders to the CONTRACTOR of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the CONTRACTOR or any of his subcontractors. 4.24 PROTECTION OF ADJOINING PROPERTY. The CONTRACTOR shall employ proper means to protect the adjacent or adjoining property or properties in any way encountered, which might be injured or senously affected by any process of construction to be undertaken under this Agreement, from any damage or injury by reason of said process of construction and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining 4/00 00700-16 CITY OF PEARLAND GENERAL CONDITIONS property. THE CONTRACTOR AGREES TO INDEMNIFY, SAVE AND HOLD HARMLESS THE OWNER AND ENGINEER AGAINST ANY CLAIM OR CLAIMS FOR DAMAGES DUE TO ANY INJURY TO ANY ADJACENT OR ADJOINING PROPERTY, ARISING OR GROWING OUT OF THE PERFORMANCE OF THE CONTRACT. 4.25 PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN, AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES. THE CONTRACTOR AGREES THAT HE WILL INDEMNIFY, SAVE, AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ALL CLAIMS GROWING OUT OF THE LAWFUL DEMANDS OF SUBCONTRACTORS LABORERS, WORKERS MECHANICS, MATERIALMEN, AND FURNISHERS OF MACHINERY AND PARTS THEREOF, EQUIPMENT, POWER TOOLS AND ALL SUPPLI ES, INCLUDING COMMISSARY, INCURRED IN THE FURTHERANCE OF THE PERFORMANCE OF THIS CONTRACT. When so desired by the OWNER, the CONTRACTOR shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the CONTRACTOR fails to do so, then the OWNER may, at the option of the OWNER, either pay directly any unpaid bills of which the OWNER has written notice, or withhold from the CONTRACTOR's unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payments to the CONTRACTOR shall be resumed in full, in accordance with the terms of this Contract. Any and all communications between any parties under this paragraph shall be in writing. 4.26 PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION. The CONTRACTOR shall pay all royalties and license fees and shall provide for the use of any design, device, material or process covered by letters patent or copyright, by suitable legal agreement with the patentee or owner thereof. THE CONTRACTOR SHALL DEFEND ALL SUITS OR CLAIMS FOR INFRINGEMENT OF ANY PATENT OR COPYRIGHT AND SHALL INDEMNIFY, SAVE, AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY LOSS ON ACCOUNT THEREOF, EXCEPT THAT THE OWNER SHALL DEFEND ALL SUCH SUITS AND CLAIMS AND SHALL BE RESPONSIBLE FOR ALL SUCH LOSS WHEN A PARTICULAR DESIGN, DEVICE, MATERIAL, OR PROCESS OR THE PRODUCT OF A PARTICULAR MANUFACTURER OR MANUFACTURERS IS SPECIFIF'D OR REQUIRED BY THE OWNER; PROVIDED, HOWEVER if CHOICE OF ALTERNATE DESIGN, DEVICE, MATERIAL OR PROCESS IS ALLOWED TO THE CONTRACTOR, THEN THE CONTRACTOR SHALL INDEMNIFY, SAVE AND HOLD THE OWNER HARMLESS FROM ANY LOSS ON ACCOUNT THEREOF. In addition, if the material or process specified or required by the OWNER is an infringement, the CONTRACTOR shall be responsible for such loss unless he promptly advises the OWNER of such infringement 4/00 00700-17 CITY OF PEARLAND GENERAL CONDITIONS 4.27 INDEMNIFICATION. The CONTRACTOR shall be solely responsible for the safety of himself, his employees, and all other persons, as well as for the protection of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. THE CONTRACTOR AGREES TO INDEMNIFY AND HOLD THE ENGINEER AND THE OWNER HARMLESS FROM ANY CLAIMS OR DEMANDS OF ANY NATURE WHATSOEVER MADE BY ANY EMPLOYEE, EMPLOYEES, AGENTS, OR SUBCONTRACTORS OF CONTRACTOR, OR BY ANY UNION TRADE ASSOCIATION, WORKERS' ASSOCIATION OR OTHER GROUPS, ASSOCIATIONS, OR INDIVIDUALS, ALLEGEDLY REPRESENTING EMPLOYEES OF THE CONTRACTOR, IN ANY DISPUTE BETWEEN THE CONTRACTOR AND HIS EMPLOYEES, DIRECTLY OR INDIRECTLY INVOLVING, GROWING OUT OF OR ARISING FROM CLAIMS BY SUCH EMPLOYEES FOR WAGES, SALARY, WORKING CONDITIONS, OR ANY OTHER COMPLAINT OR CLAIM WHICH MAY BE MADE THE CONTRACTOR, HIS SURETIES AND INSURANCE CARRIERS SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE OWNER AND THE ENGINEER AND THEIR RESPECTIVE OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, CLAIMS, LOSSES, DEMANDS, SUITS, JUDGMENTS, AND COSTS OF ANY CHARACTER WHATSOEVER, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES, AND SHALL BE REQUIRED TO PAY ANY JUDGMENT THEREFOR, WITH COSTS, WHICH MAY BE OBTAINED AGAINST THE OWNER AND/OR THE ENGINEER, OR ANY OF THEIR OFFICERS, AGENTS OR EMPLOYEES, ARISING OUT OF OR RESULTING FROM THE PERFORMANCE OF THE WORK, PROVIDED THAT ANY SUCH DAMAGES, CLAIM, LOSS, DEMAND, SUIT, JUDGMENT, COST, OR EXPENSE• (1) IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS DISEASE, OR DEATH OR INJURY TO OR DESTRUCTION OF TANGIBLE PROPERTY, INCLUDING THE LOSS OF USE RESULTING THEREFROM; AND (2) IS CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENT ACT OR OMISSION OF THE CONTRACTOR, ANY SUBCONTRACTOR, THEIR AGENTS OR EMPLOYEES, OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY ONE OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, REGARDLESS OF WHETHER OR NOT IT IS CAUSED IN PART BY A PARTY INDEMNIF t RD HEREUNDER. The obligation of the CONTRACTOR under this Agreement shall not extend to the liability of the ENGINEER, his agents or employees arising out of the preparation or approval of maps, drawings, reports surveys, designs or specifications, or the giving of or the failure to give directions or instructions by the ENGINEER, his agents or employees, provided such giving or failure to give is the primary cause of the injury or damage. 4/00 00700-18 CITY OF PEARLAND GENERAL CONDITIONS 4.28 LOSSES FROM NATURAL CAUSES. All loss or damage to the CONTRACTOR arising out of the nature of the work to be done or from any unforeseen circumstances in the prosecution of the same, or from the action of the elements or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the CONTRACTOR at his own cost and expense. 4.29 GUARANTEE. The CONTRACTOR shall furnish the OWNER with a written guarantee on all workmanship and materials provided by him for the project. The written guarantee shall be made out to the OWNER and in a form satisfactory to the OWNER's legal counsel, guaranteeing all the work under the Contract to be free from faulty material in every particular and free from improper workmanship and against unusual damage from proper and usual use; and agreeing to replace or to re -execute without cost to the OWNER such work as may be found to be improper or imperfect, and to make good all damages caused to other work or material, due to such defective work or due to its required replacement or re -execution. This guarantee shall be made to cover a period of one year from the date of acceptance of work under the Contract, as evidenced by the OWNER's Certificate of Acceptance, of the work. Neither the Certificate of Acceptance, final payment nor any provision in the Contract Documents shall relieve the CONTRACTOR of the responsibility for neglect or faulty material or workmanship during the period covered by the guarantee. The one year period of any guarantee clauses will not limit the OWNER's other rights under common law to have defects remedied when discovered after one year. 5. PROSECUTION AND PROGRESS 5.01 TIME AND ORDER OF COMPLETION. It is the meaning and intent of this Contract, unless otherwise herein specifically provided, that the CONTRACTOR shall be allowed to prosecute his work at such times and seasons, in such order of precedence and in such manner as shall be most conducive to economy of construction provided, however, that the order and the time of prosecution shall be such that the work shall be substantially completed as a whole and in part, in accordance with this Contract, the Plans and Specifications, and within the time of completion designated in the Proposal; provided, also that when the OWNER is having other work done, either by contract or by his own force, the ENGINEER may direct the time and manner of constructing the work done under this Contract, so that conflict will be avoided and the construction of the various works being done for the OWNER shall be harmonized. The CONTRACTOR shall submit, at such times as may reasonably be requested by the ENGINEER, schedules which shall show the order in which the CONTRACTOR proposes to carry on the work, with dates on which the CONTRACTOR will start the several parts of the work, and estimated dates of completion of the several parts. 4/00 00700-19 CITY OF PEARLAND GENERAL CONDITIONS 5.02 EXTENSION OF TIME. The CONTRACTOR agrees that he has submitted his Proposal in full recognition of the time required for the completion of this project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions as hereinafter set forth and that he shall not be entitled to, nor will he request, an extension of time on this Contract, except when completion of the work has been delayed by any act or neglect of the OWNER, the ENGINEER, or any employee of either, by other contractors employed by the OWNER, by changes ordered in the work, by strikes, lockouts, fires and unusual delays by common carriers, by unavoidable cause or causes beyond the CONTRACTOR s control, or by any cause which the ENGINEER shall decide justifies the delay. The CONTRACTOR shall give the ENGINEER prompt notice, in writing, of the cause of such delay; and within ten (10) days after receipt of a written request for an extension of time shall from the CONTRACTOR supported by all requested documentation, the ENGINEER shall submit such written request, together with his written recommendation, to the OWNER for consideration, and the OWNER shall grant an extension of time for completing the work, sufficient to compensate for the delay. 5.03 HINDRANCES AND DELAYS. In executing the Contract Agreement, the CONTRACTOR agrees that in undertaking to complete the work within the time herein fixed, he has taken into consideration and made allowances for all hindrances and delays incident to such work, whether growing out of delays in securing material or workmen or otherwise. No claim shall be made by the CONTRACTOR for damages resulting from hindrances or delays from any cause during the progress of any portion of the work embraced in this Contract, except where the work is stopped by order of the OWNER, or the ENGINEER as the OWNER's representative for the OWNER's convenience, in which event such expense as in the judgment of the ENGINEER is caused by such stoppage of said work shall be paid by the OWNER to the CONTRACTOR. 5.04 LIQUIDATED DAMAGES FOR DELAY. It is understood and agreed that time is of the essence, and that the CONTRACTOR will commence said work on the date specified and will complete said work within the time specified in the Proposal. It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER, that the time for the completion of the work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The CONTRACTOR further agrees that a breach of this Contract as to completion on time will cause damage to the OWNER and that such damages cannot be accurately measured or that ascertainment will be difficult. Therefore, the parties agree that for each and every calendar day the work or any portion thereof shall remain uncompleted after the expiration of the time limit set in the Contract or as extended by the OWNER, the CONTRACTOR shall pay, as minimum liquidated damages, and not as a penalty, the amount set out in the Proposal. However, the foregoing agreement as to liquidated damages constitutes only an agreement by the OWNER and the CONTRACTOR as to the minimum amount of damages which the OWNER will sustain in any event by reason of the CONTRACTOR's failure to complete the work within the 4/00 00700-20 CITY OF PEARLAND GENERAL CONDITIONS specified time. Should the OWNER suffer damage over and above the minimum amount specified, by reason of the CONTRACTOR's failure to begin the work when ordered, carry it forward uninterruptedly after beginning, or complete it within the specified time in strict accordance with the Plans and Specifications, the OWNER may recover such •additional amount. The OWNER shall have the nght to deduct and withhold the amount of any and all such damages whether it be the minimum amount stipulated above or otherwise, from any monies owing by it to said CONTRACTOR or the OWNER may recover such amount from the CONTRACTOR and the sureties of his bond; all of such remedies shall be cumulative and the OWNER shall not be required to elect any one nor be deemed to have made an election by proceeding to enforce any one remedy. 6. MEASUREMENT AND PAYMENT 6.01 DISCREPANCIES AND OMISSIONS. It is agreed that it is the intent of this Contract that all work described in the Proposal, the Plans and Specifications and other contract documents, is to be done for the prices quoted by the CONTRACTOR and that such price shall include all appurtenances necessary to complete the work in accordance with the intent of these contract documents as interpreted by the ENGINEER. If the CONTRACTOR finds any discrepancies or omissions in these Plans, Specifications or contract documents, he should notify the ENGINEER and obtain a clarification before the bids are received, and if no such request is received by the ENGINEER prior to the opening of bids, then it shall be considered that the CONTRACTOR fully understands the work to be included and has provided sufficient sums in his Proposal to complete the work in accordance with these Plans and Specifications. It is further understood that any request for clarification must be submitted no later than five (5) days prior to the opening of bids. 6.02 QUANTITIES AND MEASUREMENTS. No extra or customary measurements of any kind will be allowed, but the actual measured and/or computed length, area, solid contents, number and weight only shall be considered, unless otherwise specifically provided. 6.03 ESTIMATED QUANTITIES This Agreement, including the Specifications, Plans and estimate, is intended to show clearly all work to be done and matenal to be furnished hereunder. Where the estimated quantities are shown for the various classes of work to be done and matenal to be furnished under this Contract they are approximate and are to be used only as a basis for estimating the probable cost of the work and for comparing the proposals offered for the work. It is understood and agreed that the actual amount of work to be done and the materials to be furnished under this Contract may differ somewhat from the estimates and that the items listed or estimated quantities stated shall not give rise to a claim by the CONTRACTOR against the OWNER for compensation, unless the work shall have actually been authorized, and performed and material supplied. Where payment is based on the unit price method, the CONTRACTOR agrees that he will make no claim for damages, anticipated profits or otherwise, on account of any differences which may be 4/00 00700-21 CITY OF PEARLAND GENERAL CONDITIONS found between the quantities of work actually done and the material actually furnished under this Contract and the estimated quantities contemplated and contained in the Proposal. 6.04 PRICE OF WORK In consideration of the furnishing of all the necessary labor, equipment and material and the completion of all work by the CONTRACTOR, and upon the completion of all work and the delivery of all materials embraced in this Contract in full conformity with the specifications and stipulations herein contained, the OWNER agrees to pay to the CONTRACTOR the prices set forth in the Proposal attached hereto, which is made a part of this Contract, for the material actually used and services actually performed; however, the OWNER does not assume any obligation to pay for any services or material not actually authorized and used. The CONTRACTOR hereby agrees to receive such prices as payment in full for furnishing all materials and all labor required for the aforesaid work, and for all expenses incurred by him, and for full performance of the work and the whole thereof in the manner and according to this Agreement, the attached Plans and Specifications and contract documents, and the requirements of the ENGINEER. 6.05 PAYMENTS. No payments made or certificates given shall be considered as conclusive evidence of the performance of the Contract, either in whole or in part, nor shall any certificate or payment be considered as acceptance of defective work. CONTRACTOR shall, at any time requested during the progress of the work, furnish the OWNER or the ENGINEER with a verifying certificate showing the CONTRACTOR's total outstanding indebtedness in connection with the work. Before final payment is made, the CONTRACTOR shall satisfy the OWNER, by affidavit or otherwise, that there are no outstanding liens against OWNER's premises by reason of any work under the Contract. Acceptance by CONTRACTOR of final payment of the contract price shall constitute a waiver of claims against OWNER which have not theretofore been timely filed as provided in this Contract. 6.06 PARTIAL PAYMENTS. On or before the tenth day of each month, the CONTRACTOR shall prepare and submit to the ENGINEER, for approval or modification, an application for partial payment, being a statement showing as completely as practicable, the total value of the work done by the CONTRACTOR up to and including the twenty-fifth (25'h) day of the preceding month said statement shall also include the value of all sound materials to be fabricated into the work and stored in accordance with manufacturer's recommendation at the Contractor's fully secured and insured designated area. No payment will be made for materials stored until Owner has accepted the Contractor's designated area and proof of insurance for materials stored has been provided The ENGINEER shall then review such statement and application for partial payment and the progress of the work made by the CONTRACTOR and if found to be in order, shall prepare a certificate for partial payment and shall deliver his certifications for payment to the OWNER and the CONTRACTOR. The CONTRACTOR shall then, prior to payment by the OWNER, certify and attest to the certification that he is in accord with the certification and agrees to accept the amounts set out therein and the total set out therein for the work and for the prices contained in the certification. If the 4/00 00700-22 CITY OF PEARLAND GENERAL CONDITIONS CONTRACTOR does not agree or desires to protest the ENGINEER's certification, the same shall not be certified by the ENGINEER to the OWNER for payment until such dispute has been resolved, and the CONTRACTOR agrees that any claim by the CONTRACTOR for additional compensation, of any nature whatsoever, not contained in the ENGINEER s certification, shall be waived, and further contracts and agrees, upon acceptance of the CONTRACTOR' s payment, that this shall constitute full and final payment for work performed by the CONTRACTOR contained in the CONTRACTOR's statement which shall be attached to the ENGINEER's certification. The OWNER shall then pay the CONTRACTOR within thirty (30) days of receipt of the ENGINEER's recommendation for payment, the total amount of the ENGINEER's Certificate of Partial Payment, less ten percent (10%) of the amount thereof, up to and including the first ($ 00) dollars and five percent (5%) on the amount thereafter. Such retainage shall be retained until final payment , and further less all previous payments and all further sums that may be retained by the OWNER under the terms of this Agreement It is understood, however, that in case the whole work be near to completion, as certified by the ENGINEER, and some unexpected or unusual delay occurs, through no neglect or fault on the part of the CONTRACTOR, the OWNER may, upon wntten recommendation of the ENGINEER, pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR at the OWNER's option, may be relieved of the obligation to fully complete the work, and thereupon, the CONTRACTOR shall receive, at the OWNER's option, payment of the balance due him under the Contract, subject only to the conditions set forth under '6.09 FINAL PAYMENT." The Owner at its option and in compliance with state law may reduce retainage to less than the above -stated percentages. 6.07 USE OF COMPLETED PORTIONS. The OWNER shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding that the time for completing the entire work or such portions may not have expired; but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the contract documents. If such prior use increases the cost of or delays the work, the CONTRACTOR shall be entitled to such extra compensation or extension of time, or both, as may be determined in accordance with the provisions of this Agreement. The CONTRACTOR shall notify the ENGINEER, by letter executed by a duly qualified officer of CONTRACTOR, that in CONTRACTOR'S opinion, the Contract is "substantially completed". When so notifying the ENGINEER the CONTRACTOR shall furnish to the ENGINEER, in writing, a detailed list of unfinished work. The ENGINEER will review the CONTRACTOR s list of unfinished work and will add thereto such items as the CONTRACTOR failed to include. The substantial completion of the structure or facility shall not excuse the CONTRACTOR from perfoiming all of the work undertaken, whether of a minor or major nature, and thereby completing the structure or facility in accordance with the contract documents. 4/00 00700-23 CITY OF PEARLAND GENERAL CONDITIONS 6.08 FINAL COMPLETION AND ACCEPTANCE. Within ten (10) days after the CONTRACTOR has given the ENGINEER written notice that the work has been completed or substantially completed, the ENGINEER and the OWNER shall inspect the work; and within said time, if the work be found to be completed or substantially completed in accordance with the contract documents, the ENGINEER shall issue to the OWNER and the CONTRACTOR his Certificate of Completion. Thereupon, it shall be the duty of the OWNER, within ten (10) days, to issue a Certificate of Acceptance of the work to the CONTRACTOR or to advise the CONTRACTOR in writing of the reason for non -acceptance. 6 09 FINAL PAYMENT. Upon the issuance of the CERTIFICATE of Completion and OWNER's Certificate of Acceptance, the ENGINEER shall proceed to make final measurements and prepare a final statement of the value of all work perfornied and materials furnished under the terms of the Agreement and shall present the same to the CONTRACTOR for acceptance. The CONTRACTOR, if he finds such statement to be in order, including all work upon which a claim for payment may be made, shall note his acceptance thereon; and by accepting the same, the CONTRACTOR agrees to release any and all claims of any nature whatsoever against the OWNER or the ENGINEER growing out of or by reason of the performance of the Contract the construction of the work, for Extra Work, or for any other reason whatsoever, either growing out of the Contract and the documents attached thereto or otherwise In addition, the CONTRACTOR shall execute a full and final release in a form provided by the OWNER, a copy of which, titled `Attachment No. 2 to General Conditions," is attached to these contract documents and made a part hereof, which shall be presented to the OWNER with the ENGINEER's final statement and any Change Orders or additions or deletions therefrom, duly attested by the CONTRACTOR, requesting payment. The OWNER shall pay to the CONTRACTOR, on or after the (thirtieth) 30th day and before the (thirty-fifth) 35th day after the date of the Certificate of Completion, the balance due the CONTRACTOR under the terms of the Agreement, provided the CONTRACTOR has duly executed and returned all documents requiring execution or approval as herein provided, or as may be provided by the OWNER, and that he has fully performed his contractual obligations under the terms of this Contract. Neither the Certificate of Acceptance nor the final payment nor any provision in the contract documents shall relieve the CONTRACTOR of the obligation for fulfillment of any warranty which may be required by law or by the contract documents. 6.10 CORRECTION OF WORK BEFORE FINAL PAYMENT. The CONTRACTOR shall promptly remove from OWNER's premises all materials deemed unsuitable by the ENGINEER on account of failure to conform to the Contract whether actually incorporated in the work or not, and CONTRACTOR shall, at his own expense, promptly replace such unsuitable materials with other materials conforming to the requirements of the Contract. The CONTRACTOR shall also bear the expense of restoring all work of other contractors damaged by any such removal or replacement. If CONTRACTOR does not remove and replace any such unsuitable work within a reasonable time after receipt of a written notice from the OWNER or the ENGINEER, the OWNER may remove, replace and remedy such work at CONTRACTOR's expense. 4/00 00700-24 CITY OF PEARLAND GENERAL CONDITIONS 6.11 CORRECTION OF WORK AFTER FINAL PAYMENT. Neither the final payment nor certificate nor any provision in this Contract shall relieve the CONTRACTOR of responsibility for faulty materials or workmanship, and 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 (1) year from the date of substantial completion. The OWNER or the ENGINEER shall give notice of observed defects with reasonable promptness. 6.12 PAYMENTS WITHHELD. The OWNER may, on account of subsequently discovered evidence, withhold or nullify the whole or part of any certificate or withhold partial or full payment to such extent as may be necessary to protect himself from loss on account of: (1) Defective work not remedied; (2) Claims filed or reasonable evidence indicating probable filing of claims; (3) Failure of the CONTRACTOR to make payments properly to subcontractors or for material or labor; (4) Damage to another contractor; (5) Reasonable doubt that the work can be completed for the unpaid balance of the contract amount; (6) Reasonable indication that the work will not be completed within the contract time. (7) Failure on the part of the CONTRACTOR to execute any and all documents, releases or other documents presented to the CONTRACTOR for execution, as provided for herein or otherwise. (8) Liquidated damages due to late completion. When the above grounds are removed or the CONTRACTOR provides a Surety Bond satisfactory to the OWNER, which will protect the OWNER in the amount withheld, payment may be made for the amounts withheld because of them. However, the OWNER shall have the discretion of withholding or making payment in the event any of items (1) through (8) shall be applicable to the work or progress thereof. 6.13 DELAYED PAYMENTS. Should the OWNER fail to make payment to the CONTRACTOR of the sum named in any partial or final statement, when payment is due, after the same has been recommended for payment by both the ENGINEER and the CONTRACTOR, and the CONTRACTOR has met all other conditions stipulated herein or in the contract documents entitling the CONTRACTOR to payment, then the OWNER shall pay to the CONTRACTOR, in addition to 4/00 00700-25 CITY OF PEARLAND GENERAL CONDITIONS the sum shown as due by such statement, interest thereon at the rate of six percent (6%) per annum from date due, as provided under `6.06 PARTIAL PAYMENTS" and "6 09 FINAL PAYMENT," until fully paid, which shall fully liquidate any injury to the CONTRACTOR growing out of such delay in payment; but the right is expressly reserved to the CONTRACTOR, in the event payments be not promptly made as provided under `6.06 PARTIAL PAYMENTS,' to at any time thereafter treat the Contract as abandoned by the OWNER and to recover compensation as provided under "8. ABANDONMENT OF CONTRACT,' unless such payments are withheld in accordance with the provisions of ` 6.12 PAYMENTS WITHHELD." 7. EXTRA WORK AND CLAIMS 7.01 CHANGE ORDERS. Without invalidating this Agreement, the OWNER may, at any time or from time to time, order additions, deletions or revisions to the work; such changes will be authorized by Change Order to be prepared by the ENGINEER for execution by the OWNER and the CONTRACTOR. The Change Order shall set forth the basis for any change in contract pnce, as hereinafter set forth for Extra Work, and any change in contract time which may result from the change. In the event the CONTRACTOR shall refuse to approve a Change Order which has been prepared by the ENGINEER, the ENGINEER may instruct the CONTRACTOR, in writing, to proceed with the work as set forth in the Change Order, and the CONTRACTOR may make a claim against the OWNER for Extra Work involved therein. However, the CONTRACTOR shall only be entitled to payment upon the execution of the final certification and release in a form as provided for herein, and CONTRACTOR shall approve such certification before the OWNER shall be obligated to make payment. 7.02 MINOR CHANGES The ENGINEER may authorize minor changes in the work not inconsistent with the overall intent of the contract documents and not involving an increase in contract price. If the CONTRACTOR believes that any minor changes or alteration authorized by the ENGINEER involves Extra Work or entitles him to an increase in the contract price, the CONTRACTOR shall make written request to the ENGINEER for a written Field Order. In such case, the CONTRACTOR, by copy of his communication to the ENGINEER or otherwise in writing, shall advise the OWNER of his request to the ENGINEER for a written Field Order and that the work involved may result in an increase in the contract pnce. Any request by the CONTRACTOR for a change in contract price shall be made prior to beginning the work covered by the proposed change. 7.03 EXTRA WORK. It is agreed that the CONTRACTOR shall perform all Extra Work under the direction of the ENGINEER when presented with a written work order signed by the ENGINEER, subject, however, to the right of the CONTRACTOR to require written confirmation of such Extra Work order by the OWNER It is agreed that the basis of compensation to the 4/00 00700-26 CITY OF PEARLAND GENERAL CONDITIONS CONTRACTOR for work either added or deleted by a Change Order, or for which a claim for Extra Work is made, shall be determined by one or more of the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) nor Method (B) be agreed upon before the Extra Work is commenced, then the CONTRACTOR shall be paid the "actual field cost" of the work, plus fifteen percent (15%). In the event said Extra Work is performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost' is hereby defined to include the cost to the CONTRACTOR of all workers, such as foremen, timekeepers, mechanics and laborers, and materials, supplies, trucks, rentals of machinery, and equipment, for the time actually employed or used on such Extra Work, plus actual transportation charges necessarily incurred together with all power, fuel, lubricants, water and similar operating expenses, plus all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security, Old Age Benefits and other payroll taxes, and a rateable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liabihty and Property Damage and Workers' Compensation, and all other insurance as may be required by law or ordinance, or directed by the OWNER, or by them agreed to. The ENGINEER may direct the form in which accounts of the "actual field cost" shall be kept and the records of these accounts shall be made available to the ENGINEER. The ENGINEER or OWNER may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the CONTRACTOR. Unless otherwise agreed upon the prices for the use of machinery and equipment shall be determined by using one hundred percent (100%), unless otherwise specified of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America where practicable, and the terms and prices for the use of machinery and equipment shall be incorporated in the written Extra Work Order. The fifteen percent (15%) of the ` actual field cost" to be paid to the CONTRACTOR, shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the `actual field cost" as herein defined, save that where the CONTRACTOR's camp or field office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." 4/00 00700-27 CITY OF PEARLAND GENERAL CONDITIONS No claim for Extra Work of any kind will be allowed unless ordered in writing by the ENGINEER. In case any orders or instructions, either oral or written, appear to the CONTRACTOR to involve Extra Work for which he should receive compensation or an adjustment in the construction time, he shall make wntten request to the ENGINEER for written order authorizing such Extra Work. Should a difference of opinion anse as to what does or does not constitute Extra Work, or as to the payment therefor, and the ENGINEER insists upon its performance the CONTRACTOR shall proceed with the work after making written request for written order and shall keep an accurate account of the actual field cost' thereof as provided under Method (C). The CONTRACTOR shall then have the right to submit his claim directly to the OWNER by proper certification and attestation, on forms provided by the OWNER. If the OWNER shall fail to pay or guarantee to pay said amount claimed within thirty (30) days of the date of submission, the CONTRACTOR shall have the right to file suit in the applicable District Court for declaratory judgment or other relief, to determine his rights to such claim, and if he shall fail to file suit within sixty (60) days after the date of presentment to the OWNER, the CONTRACTOR shall lose and forfeit his right to make such claim for Extra Work at any later date, and all claims held by the CONTRACTOR shall be deemed forfeited and forever barred if the CONTRACTOR shall accept final payment without having first filed suit in the District Court. 7.04 TIME OF FILING CLAIMS. It is further agreed by both parties hereto that all questions of dispute or adjustment presented by the CONTRACTOR shall be in wasting and filed with the ENGINEER within thirty (30) days after the ENGINEER has given any directions, order or instruction to which the CONTRACTOR desires to take exception. The ENGINEER shall reply within thirty (30) days to such written exceptions by the CONTRACTOR and render his final decision in writing. In case the CONTRACTOR should desire to appeal from the ENGINEER's decision the CONTRACTOR may request a meeting between representatives of the OWNER and the CONTRACTOR for the purposes of appealing the ENGINEER's decision directly to the OWNER, such meeting to occur within ten (10) days after the date of the delivery to the CONTRACTOR of the ENGINEER's final decision. If the CONTRACTOR shall still be aggrieved after a meeting with the OWNER and/or his representative, the CONTRACTOR shall have sixty (60) days after the date of the delivery to the CONTRACTOR of the ENGINEER' s final decision, to appeal the same to the applicable District Court, by filing suit for declaratory judgment or other appropriate relief. In the event the CONTRACTOR shall fail, for any reason, to file suit, and shall accept final payment for all work completed, the OWNER shall be released of any and all liability, and the action by the CONTRACTOR in accepting final payment shall constitute a final bar and satisfaction of all claims held by the CONTRACTOR against the OWNER. 8. ABANDONMENT OF CONTRACT 8.01 ABANDONMENT BY CONTRACTOR. In case the CONTRACTOR should abandon and fail or refuse to resume work within ten (10) days after wntten notification from the OWNER or the ENGINEER, or if the CONTRACTOR fails to comply with the orders of the ENGINEER when such orders are consistent with the contract documents, then and in that case, 4/00 00700-28 CITY OF PEARLAND GENERAL CONDITIONS where Performance and Payment Bonds exist, the sureties on these bonds shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the CONTRACTOR. After receiving said notice of abandonment, the CONTRACTOR shall not remove from the work any machinery, equipment, tools, or supplies then on the job, but the same, together with any materials and equipment under contract for the work, may be held for use on the work by the OWNER or the surety on the Performance Bond, or another contractor in completion of the work; and the CONTRACTOR shall not receive any rental or credit therefor, it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. Where there is no Performance Bond or in case the surety should fail to commence compliance with the notice for completion hereinabove provided for within ten (10) days after the service of such notice, then the OWNER may provide for completion of the work in either of the following elective manners: (a) The OWNER may thereupon employ such force of workers and use such machinery, equipment tools, materials and supplies as the OWNER may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the OWNER out of such monies as may be due or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this Contract if the same had been completed by the CONTRACTOR, then said CONTRACTOR shall receive the difference. In case such expense is greater than the sum which would have been payable under this Contract if the same had been completed by such CONTRACTOR, then the CONTRACTOR and/or his surety shall pay the amount of such excess to the OWNER; or (b) The OWNER, under sealed bids, under the times and procedures provided for by law, may let the contract for completion of the work under substantially the same terms and conditions which are provided in this Contract. In case of any increase in cost to the OWNER under the new contract, as compared to what would have been the cost under this Contract, such increase shall be charged to the CONTRACTOR, and the surety shall be and remain bound therefor. However should the cost to complete any such new contract prove to be less than what would have been the cost to complete under this Contract, the CONTRACTOR and/or his surety shall be credited therewith. When the work shall have been substantially completed, the CONTRACTOR and his surety shall be so notified and Certificates of Completion and Acceptance, as hereinabove provided, shall be issued. A complete itemized statement of the contract accounts, certified by the ENGINEER as being 4/00 00700-29 CITY OF PEARLAND GENERAL CONDITIONS correct, shall then be prepared and dehvered to the CONTRACTOR and his surety, whereupon the CONTRACTOR and/or his surety shall pay the balance due as reflected by said statement, within fifteen (15) days after the date of. such Certificate of Completion. The OWNER, prior to incurring an obligation to make payment hereunder, shall have such statement of completion attested to by the CONTRACTOR as accurate, and upon payment of the sum stated therein, the OWNER shall be entitled to full and final release of any claims or demands by the CONTRACTOR. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the OWNER had the work been completed by the CONTRACTOR under the terms of this Contract, or when the CONTRACTOR and/or his surety shall pay the balance shown to be due by them to the OWNER, then all machinery, equipment, tools or supplies left on the site of the work shall be turned over to the CONTRACTOR and/or his surety. Should the cost to complete the work exceed the contract price, and the CONTRACTOR and/or his surety fail to pay the amount due the OWNER within the time designated above, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the CONTRACTOR and his surety at the respective addresses designated in the Contract, provided, however, that actual written notice given in any manner will satisfy this condition. After mailing or other giving of such notice, such property shall be held at the risk of the CONTRACTOR and his surety, subject only to the duty of the OWNER to exercise ordinary care to protect such property. After fifteen (15) days from the date of such notice, the OWNER may sell such property, equipment, tools materials or supplies, and apply the net sum derived from such sale to the credit of the CONTRACTOR and his surety. Such sale may be made at either public or private sale, with or without notice, as the OWNER may elect. The OWNER shall release any machinery, equipment, tools, materials or supplies, which remain on the work, and belong to persons other than the CONTRACTOR or his surety, to their proper owners. The books on all operations provided herein shall be open to the CONTRACTOR and his surety. 8.02 ABANDONMENT BY OWNER. In case the OWNER shall fail to comply with the terms of this Contract (a disputed or unilateral claim by the Contractor cannot by itself constitute `abandonment") and should fail or refuse to comply with said terms within ten (10) days after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of the work that have not been included in payments to the CONTRACTOR and have not been wrought into the work. And thereupon, the ENGINEER shall make an estimate of the total amount earned by the CONTRACTOR, which estimate shall include the value of all work actually completed by said CONTRACTOR (at the prices stated in the attached Proposal where unit prices are used), the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this Contract, and a reasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole work to completion and which cannot be utilized. The ENGINEER shall then make a final statement of the balance due the CONTRACTOR by deducting from the above estimate all previous payments 4/00 00700-30 CITY OF PEARLAND GENERAL CONDITIONS by the OWNER and all other sums that may be retained by the OWNER under the terms of this Agreement, and shall present the same to the CONTRACTOR for the CONTRACTOR'S approval; and upon the CONTRACTOR'S approving the same as being true correct and accurate, and upon payment of said sum the CONTRACTOR shall release the OWNER of any and all liability growing out of or by reason of said Contract, and then the same shall be presented to the OWNER who shall pay to the CONTRACTOR, on or before thirty (30) days after the date of notification by the CONTRACTOR of the balance shown by said final statement as due the CONTRACTOR under the terms of this Agreement. 9. ARBITRATION 9.01 Any party to this Contract, upon the written agreement and acquiescence of all other parties, may submit any question or dispute under the terms and provisions of the contract documents, to arbitration under such procedure and agreements as the parties shall make in writing prior to arbitration. The results of arbitration shall be binding and shall constitute an amendment to the contract documents when accepted in writing by the parties to the Contract. 00700-31 4/00 CITY OF PEARLAND GENERAL CONDITIONS ATTACHMENT NO. 1 TO GENERAL CONDITIONS WORKERS' COMPENSATION INSURANCE COVERAGE A. DEFINITIONS: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (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. Duration of the project - includes the time from the beginning the work acon the ted ebprojectthe until the contractor's/person's work on the project has been completed governmental entity. Persons providing services on the project ( `subcontractor" in 406.096) - includes persons or entities performing 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 dehveries, 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 employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the Owner prior to being awarded the contract. of coverage ends uring D. If the coverage period shown on the contractor' tend oflthee coverage period, file a new the duration of the project, the contractor must prior to the 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: a certificate of coverage, prior to that person beginning work on the project, so the 00700-Al (1) 4/00 CITY OF PEARLAND GENERAL CONDITIONS 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 (7) days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage penod shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the contractor knew or should have known, of any changes that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. NOTICE REQUIRED WORKERS COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by Workers Compensation Insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identify of their employer or status as an employee. ' "Call the Texas Workers' Compensation Commission at (512) 440-3789 to receive information on the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." I. The contractor shall contractually require each person with whom it contracts to provide services on a project, 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 00700-A2 4/00 CITY OF PEARLAND GENERAL CONDITIONS Code, Section 401.011 (44) for all of its employees providing services on the project, for the duration of the project; 2. provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the 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, prior to the other person beginning work on the project; and b. a new certificate of coverage shown 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 (1) year thereafter; 6. notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 7. contractually require each person with whom it contracts, to perform as required by paragraphs (1) through (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 agreements will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the Commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties civil penalties, or other civil actions. K. The CONTRACTOR's failure to comply with any of these provisions is a breach of contract by the CONTRACTOR which entitles the governmental entity to declare the contractor void if the 00700-A3 4/00 CITY OF PEARLAND GENERAL CONDITIONS contractor does not remedy the breach within ten (10) days after receipt of notice of breach from the governmental entity. 4/00 00700-A4 CITY OF PEARLAND GENERAL CONDITIONS ATTACHMENT NO. 2 TO GENERAL CONDITIONS AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S SWORN RELEASE In order to insure that the rights, obligations, and responsibilities of all parties to the original contract document are fully protected, which contract document was signed and executed on the day of , 20 by referred to therein as CONTRACTOR and hereinafter referred to as CONTRACTOR, and hereinafter referred to as OWNER, on the __ day of , 20__, and further in consideration for the final payment of all sums due and claimed by the CONTRACTOR against OWNER, the CONTRACTOR makes the following representations to OWNER, either individually if a proprietorship, jointly by all partners if a partnership, or if a corporation, by action of the president and secretary of said corporation, as duly authorized by appropriate action of the stockholders and/or board of directors of said corporation, their signatures hereon constituting a representation under oath by said individuals that they have the power and authority to execute this Agreement for and on behalf of the said corporation: The Contractor has received (number) payments pursuant to (number) of Contractor Payment Estimates, copies of which are attached hereto and marked Exhibit "A," presented to OWNER and paid during the progress of the job referred to in the Contract between the parties; and in this regard, the undersigned CONTRACTOR represents to OWNER that it does not claim nor intend to claim at any future date, any additional sums of money of any nature whatsoever under and by virtue of the payment estimates previously submitted to the ENGINEER for approval, 4/00 00700-B i CITY OF PEARLAND GENERAL CONDITIONS or any other sums of money of any nature whatsoever for materials furnished and used in the job or for work done, and hereby releases and discharges OWNER from any liabilities of any nature whatsoever, for any claims of any nature made by the CONTRACTOR at some future date, or by its successors or assigns. II. The undersigned CONTRACTOR further represents to OWNER that the Final Payment Estimate and Change Order, if any, submitted by the CONTRACTOR to OWNER, whether or not modified, corrected, or changed in some way by deletions or other modifications by the ENGINEER, the CONTRACTOR or the OWNER, a copy of which is attached hereto and marked Exhibit "B," is true, correct and accurate; and it is further agreed and stipulated by the undersigned CONTRACTOR that upon the receipt of final payment in the amount as set out on the Final Payment Estimate and Change Order, the CONTRACTOR, by execution of this instrument of release, does, therefore, release and forever discharge OWNER of and from all manner of debts, demands, obligations, suits, liabilities and causes of action of any nature whatsoever under and by virtue of the terms and provisions of the Contract hereinbefore referred to, and any change or modification thereof, or in any manner growing out of or arising from or by virtue of the work, labor and services performed by the CONTRACTOR. III. CONTRACTOR, in addition to the provisions set out in the contract document, agrees to indemnify and hold OWNER harmless from any and all causes of action, claims, demands or suits made by any person or other entity against OWNER, by reason of the work performed by such 00700-B2 4/00 CITY OF PEARLAND GENERAL CONDITIONS CONTRACTOR, and agrees to defend or to cause the same to be defended at the CONTRACTOR'S sole expense and obligation, whenever such actions may be brought, and further to pay all costs incurred by OWNER in the defense thereof, including administrative costs and attorney's fees, and further to pay any judgments or settlements which may be entered into or agreed to against or for the benefit of OWNER. It is, however, specifically agreed that OWNER shall not enter into any settlement agreements without the acquiescence and agreement of the CONTRACTOR. IV. The CONTRACTOR, acting by and through the person or persons whose names are subscribed hereto, does solemnly swear and affirm that all bills and claims have been paid to all materialmen, suppliers, laborers, subcontractors, or other entities performing services or supplying materials, and that OWNER shall not be subject to any bills, claims, demands, litigation or suits in connection therewith. V. It is further specifically understood and agreed that this Agreement for Final Payment and CONTRACTOR'S Sworn Release shall constitute a part of the original Contract of the parties heretofore previously referred to, and it is also specifically understood and agreed that this Agreement shall not act as a modification, waiver or renunciation by OWNER of any of its rights or remedies as set out in the contract itself, but this Agreement for Final Payment and CONTRACTOR'S Sworn Release shall constitute a supplement thereto for the additional protection of OWNER. 00700-B3 4/00 CITY OF PEARLAND GENERAL CONDITIONS VI. This Agreement for Final Payment and CONTRACTOR'S Sworn Release shall be considered to be continuing and binding upon the parties hereto and shall not terminate upon receipt and acceptance by the CONTRACTOR of final payment, but shall be deemed continuing so long as any actions, claims or other demands contemplated herein against OWNER, may lawfully be brought under applicable statutes of limitations, and shall in addition be deemed to be continuing for such additional period of time as shall be necessary to compensate and repay to OWNER, all costs or damages incurred by it by reason of such claims. 4/00 00700-B4 CITY OF PEARLAND SIGNED and EXECUTED this, the day of 20 . GENERAL CONDITIONS CONTRACTOR Signature Print Name: [If CONTRACTOR is a proprietorship, owner must sign; if a partnership, each partner must sign; if a corporation, the following language should be used.] SIGNED and EXECUTED this, the day of , 20 , by , a Texas corporation, under authority granted to the undersigned by said corporation as contained in the Charter, By -Laws or Minutes of a meeting of said corporation regularly called and held. CONTRACTOR By: ATTEST: Corporate Secretary (Corporate Seal) 4/00 President 00700-B5 CITY OF PEARLAND GENERAL CONDITIONS [This form is for use by either a proprietorship or a partnership. In the event CONTRACTOR is a partnership or a joint proprietorship, additional signature lines should be added for each individual.] AFFIDAVIT STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared the person or persons whose name(s) are subscribed to the above and foregoing Agreement for Final Payment and CONTRACTOR'S Sworn Release, who each, after being by me duly sworn, on their oaths deposed and said: I(We) am(are) the person(s) who signed and executed the above and foregoing Agreement for Final Payment and CONTRACTOR'S Sworn Release, and I(we) have read the facts and statements as therein set out and the representations as made therein, and I(we) state that the above and foregoing are true and correct. CONTRACTOR - Affiant SWORN TO AND SUBSCRIBED TO before me this, the day of 20. Notary Public, State of Texas My Commission Expires: 00700-B6 4/00 CITY OF PEARLAND [This form is for use in the event CONTRACTOR is a corporation.] AFFIDAVIT WAGE SCALE FOR ENGINEERING CONSTRUCTION STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared the persons who signed and executed the above and foregoing Agreement for Final Payment and Contractor's Sworn Release, whose names are set out above, who each, after being by me duly sworn, on their oaths deposed and said: 20 We each are the persons whose names are subscribed above and hold respectively the offices in the corporation as set out above, and each state under oath that we have the authority to execute this Agreement for Final Payment and Contractor's Sworn Release for and on behalf of said corporation, pursuant to authority granted to us in the Charter of said corporation, the By -Laws of said corporation and/or the Minutes of said corporation; and the facts statements and representations as set out in the instrument to which this Affidavit is attached, are true and correct. SWORN TO AND SUBSCRIBED TO before me this, the day of 4/00 • Notary Public, State of Texas My Commission Expires: 00700-B7 CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 SECTION 00800 SUPPLEMENTARY CONDITIONS TABLE OF CONTENTS PART I - AMENDMENTS TO GENERAL CONDITIONS Article 2 2.06 2.07 2.08 2.09 2.10 Related Work at Site 2.11 Coordination 2.12 Owner May correct Defective Work Title Definitions and Interpretations 1 Contract Times 1 Rights and Responsibilities of the Owner 1 Subsurface and Physical Conditions 1 Physical Conditions — Underground Facilities 3 Reference Point 4 Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material 4 5 6 6 3 3.08 3.09 3.10 4 4.05.1 4.05.2 4.06.1 4.06.2 4.06.3 4.06.4 4.06.5 4.06.6 4.06.7 4.30 4.31 4.32 4.33 4.34 5 5.05 5.06 5.06.1 5.06.2 Page No. Rights and Responsibilities of the Engineer 7 Deteimination for Unit Prices 7 Authorized Variations in Work 7 Clarifications and Interpretations 8 Rights and Responsibilities of the Contractor 8 Performance, Payment and Other Bonds 8 Licensed Sureties and Insureis Certificates of Insurance 8 Contractor's Liability Insurance 9 Owner's Liability Insurance 10 Property Insurance 10 Waiver of Rights 11 Receipt and Application of Insurance Proceeds 12 Acceptance of Bonds and Insurance; Option to Replace 12 Partial Utilization — Property Insurance 13 Substitutes and "Or -Equal' Items 13 Emergencies 14 Before Starting Construction 15 Initially Acceptable Schedule 15 Safety and Protection 16 Prosecution and Progress 16 Commencement of Contract Times, Notice to Proceed 16 Change of Contract Times 17 Claim for Adjustment 17 Time of Essence 17 Project No. 052511256.0007 00800 — Page i of ii SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 5.06.3 Delays Beyond Contractor's Control 5.06.4 Delays Beyond Owner's & Contractor's Control 6 Measurement and Payment 18 6.14 Contractor's Warranty of Title 18 6.15 Review of Applications for Progress Payment 18 6.16 Substantial Completion 20 7 Extra Work and Claims 21 7.05 Amending and Supplementing Contract Documents 21 7.06 Unit Price Work 21 8 Abandonment of Contract 8.04 Owner May Suspend Work 8.05 Owner May Terminate Project No. 052511256.0007 17 18 22 22 22 00800 — Page ii of ii SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 SECTION 00800 SUPPLEMENTARY CONDITIONS PART I - AMENDMENTS TO GENERAL CONDITIONS These Supplemental Conditions amend or supplement the General Conditions of the Construction Contract and other provisions of the Contract Documents as indicated below. All provisions that are not so amended or supplemented remain in full force and effect. ARTICLE 1 DEFINITIONS AND INTERPRETATIONS SC-1 Add the following 1.13 Contract Times. The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with Paragraph 6.09. ARTICLE 2 RIGHTS AND RESPONSIBILITIES OF THE OWNER SC-2 Add the following paragraphs: 2.06 Subsurface and Physical Conditions 2 06 1. Reports and Drawings: Reference is made to the Supplementary Conditions for identification of: 2.06 1.1. Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the Contract Documents; and 2.06.1.2. Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) that have been utilized by ENGINEER in preparing the Contract Documents. 2 06.2. Limited Reliance by CONTRACTOR Authorized; Technical Data: CONTRACTOR may rely upon the general accuracy of the "technical data' contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions CONTRACTOR may not rely upon or make any claim against OWNER, ENGINEER, or any of ENGINEER's Subconsultants with respect to: 2.06.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto, or 2.06.2.2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings, or 2.06.2.3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such data, interpretations opinions, or information 00800 — Page 1 of 23 Project No.052511256.0007 SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 2.06.3. Notice of Differing Subsurface or Physical Conditions: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the site that is uncovered or revealed either: 2.06.3.1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in Paragraphs 2.06.1 and 2.06.2 is materially inaccurate, or 2.06.3.2. is of such a nature as to require a change in the Contract Documents, or 2.06.3.3. differs materially from that shown or indicated in the Contract Documents, or 2.06.3.4. is of an unusual nature and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly after becoming aware (within twenty-four [24] hours) thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as permitted by Paragraph 6 15), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such conditions or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. 2.06.4. ENGINEER s Review: ENGINEER will promptly review the pertinent conditions, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto, and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's finding and conclusions. 2.06.5. Possible Contract Documents Change: If ENGINEER concludes that a change in the Contract Documents is required as a result of a condition that meets one or more of the categories in Paragraph 2.06.3, a Work Change Directive or a Change Order will be issued as provided in Article 7 to reflect and document the consequences of such change. 2.06.6. Possible Price and Times Adjustments: An adjustment in the Contract Price or in the Contract Times, or both, will be allowed to the extent that the existence of such uncovered or revealed condition directly causes a material increase or decrease in CONTRACTOR's cost of, or time required for performance of, the Work; subject, however, to the following: 2.06.6.1. such condition must meet any one or more of the categories described in Paragraphs 2.06.3.1 through 2.06.3.2, inclusive; 2.06.6.2. a change in the Contract Documents pursuant to Paragraph 4.2.5 will not be an automatic authorization of, nor a condition precedent to entitlement to any such adjustment; 2.06.6.3. with respect to Work that is paid for on a Unit Pnce Basis, any adjustment in Contract Price will be subject to the provisions of Paragraphs 3.05 and 7.06 and 2.06.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Times, and neither OWNER nor ENGINEER's Subconsultants shall be liable to CONTRACTOR for any costs, losses, expenses, or damages if: 2.06 6.4.1. CONTRACTOR knew or should have known of the existence of such conditions at the time CONTRACTOR submitted a bid or became bound under a contract to OWNER; or Project No.052511256.0007 00800 — Page 2 of 23 SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 2.06.6.4.2. the existence of such condition could reasonably have been discovered or revealed as a result of any examination investigation, exploration, test, or study of the site and contiguous areas required by the Bidding Requirements or Contract Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR' s making such bid or entering into such contract; 2.06.6.4.3. CONTRACTOR failed to give the written notice within the time and as required by Paragraph 2.1.3. EVEN IF SUCH COSTS, EXPENSES, OR DAMAGES ARE DUE TO THE NEGLIGENCE, OTHER FAULT, STRICT LIABILITY WITHOUT REGARD TO FAULT OR BREACH OF CONTRACT OF OWNER, ENGINEER OR ENGINEER'S SUBCONSULTANTS. If OWNER and CONTRACTOR are unable to agree on entitlement to, or as to the amount or length of, any such adjustment in the Contract Price or Contract Times, a claim may be made therefor as provided in Articles 7 and 6.06. HOWEVER, OWNER, ENGINEER, AND ENGINEER'S SUBCONSULTANTS SHALL NOT BE LIABLE TO CONTRACTOR FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES SUSTAINED BY CONTRACTOR ON OR IN CONNECTION WITH ANY OTHER PROJECT OR ANTICIPATED PROJECT, EVEN IF SUCH CLAIMS, COSTS, LOSSES, OR DAMAGES ARE DUE TO THE NEGLIGENCE, OTHER FAULT, STRICT LIABILITY WITHOUT REGARD TO FAULT, OR BREACH OF CONTRACT OF OWNER, ENGINEER, OR ENGINEER'S SUBCONSULTANTS. 2.07. Physical Conditions —Underground Facilities 2.07.1. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 2.07.11. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 2.07.12. The cost of all of the following will be included in the Contract Price, and CONTRACTOR shall have full responsibility for: (i) reviewing and checking all such information and data, (ii) locating all Underground Facilities shown or indicated in the Contract Documents, (iii) coordination of the Work with the owners of such Underground Facilities during construction and (iv) the safety and protection of all such Underground Facilities as provided in Paragraph 4.34 and repairing any damage thereto resulting from the Work. OWNER and ENGINEER expressly disclaim any and all warranties that the information, data, interpretations, and opinions shown, indicated, or contained in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site is accurate, correct, complete or fit for its intended purpose. 2.07.2. Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents or is in a location materially different from that shown or indicated in the Contract Documents, CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 4.34), identify the owner of such Underground Facility and give written notice to that Project No.052511256.0007 00800 — Page 3 of 23 SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or different location of the Underground Facility. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued as provided in Article 7 to reflect and document such consequences. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in Paragraph 4.34. CONTRACTOR shall be allowed an increase in the Contract Pnce or an extension of the Contract Times, or both, to the extent that the Contract Price or Contract Times are directly and materially affected by the existence or different location of any Underground Facility that was not shown or indicated, or was inaccurately shown or indicated in the Contract Documents, and that CONTRACTOR did not know of, and could not reasonably have been expected to be aware of, or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or the amount or length of any such adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as provided in Article 7. HOWEVER, OWNER, ENGINEER, AND ENGINEER'S CONSULTANTS SHALL NOT BE LIABLE TO CONTRACTOR, OR CONTRACTOR SHALL NOT BE ENTITLED TO AN INCREASE IN THE CONTRACT PRICE OF THE CONTRACT TIMES FOR ANY COSTS, EXPENSES, DAMAGES, OR DELAYS ASSOCIATED WITH ANY SUCH UNDERGROUND FACILITY WHICH CONTRACTOR KNEW OR SHOULD HAVE KNOWN THEREOF, NOR SHALL OWNER ENGINEER OR ENGINEER's CONSULTANTS BE LIABLE TO CONTRACTOR FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES SUSTAINED BY CONTRACTOR ON OR IN CONNECTION WITH ANY OTHER PROJECT OR ANTICIPATED PROJECT, EVEN IF SUCH EXPENSES, COSTS, CLAIMS, LOSSES, DAMAGES, OR DELAYS ARE DUE TO THE NEGLIGENCE, OTHER FAULT, STRICT LIABILITY WITHOUT REGARD TO FAULT, OR BREACH OF CONTRACT OF OWNER, ENGINEER, OR ENGINEER'S SUBCONSULTANTS. 2.08. Reference Points OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER'S judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for and pay costs associated with the accurate replacement or relocation of such reference points by professionally qualified personnel. 2.09. Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material 2.09.1. OWNER shall be responsible for any Hazardous Waste uncovered or revealed at the site which was not shown or indicated within the PLANS or Specifications or identified in the Contract Documents to be within the scope of the Work and which may present a substantial danger to persons or property exposed thereto in connection with the Work at the site OWNER shall not be responsible for any such materials brought to the site by CONTRACTOR, Subcontractor, Suppliers, or anyone else for whom CONTRACTOR is responsible. 2.09.2. CONTRACTOR shall immediately: (i) stop all Work in connection with such Hazardous Waste and in any area affected thereby (except in an emergency as required by Paragraph 4.31), and (ii) notify OWNER (and thereafter confirm such notice in writing). CONTRACTOR shall not be 00800 — Page 4 of 23 SUPPLEMENTARY CONDITIONS Project No.052511256.0007 CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 required to resume Work in connection with such Hazardous Waste or in any such affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR special written notice. (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work, or 1) specifying any special conditions CONTRACTOR cannot agree as tounder which enti entitlement to orh Work may be resumed safely. If OWNER and the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of under which Work is agreed by CONTRACTOR to be such Work stoppage or such special conditions resumed, either party may make a claim therefor as provided in Article 7. 2.09 3. If after receipt of such special written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then OWNER may order such portion of the Work that is in connection with such Hazardous Waste or in such affected area to be deleted from the Work If OWNER and CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a claim therefor as provided in Articles 6 and 7. OWNER may have such deleted portion of the Work performed by OWNER s own forces or others in accordance with Special Conditions Paragraphs 2.10 and 2 11. 2.09.4. To the fullest extent permitted by Laws and Regulations, OWNER shall indemnify and hold harmless CONTRACTOR, Subcontractors, ENGINEER, ENGINEER'S Consultants, and the officers, directors, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages arising out of, or resulting from such Hazardous Waste provided that. (i) any such claim, cost, loss, or damage is attiibutabllttr than bodily the injury, sickness disease or death, or to injury to or destruction of, tangible property Work itself), including the loss of use resulting therefrom, and (ii) nothing in this subparagraph 2.4.4 shall obligate OWNER to indemnify or hold harmless any person or entity from and against the consequences of that person's or entity's own negligence, fault, strict liability without regard to fault or breach of contract or warranty. o app 2.09.5. The provisions of Paragraphs Radioactive Materials uncovered tor revealed at he s site. PCBs, Petroleum, Hazardous Waste, 2.10. Related Work at Site 2.10.1. OWNER may perform other work related to the Project at the site by the OWNER'S own forces or let other direct contracts therefor which shall contain GENERAL CONDITIONS similar to these or have other work performed by utility owners If such other work to be performed was not noted in the Contract Documents, then: (I) written notice thereof will be given to CONTRACTOR prior to starting any such other work; and (ii) CONTRACTOR may make a claim therefor as provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve additional expense to CONTRACTOR or require additional time and the parties are unable to agree as to the amount or extent thereof. 2.10.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract with OWNER and each utility owner (and OWNER if OWNER is performing the additional work with OWNER' s employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly connect and coordinate the Work with that of such other CONTRACTORS. Unless otherwise provided in the Contract Documents, Oa s seAera parts cshall ome together properlyfitting, and and patching of the Work that may be required to mak 00800 — Page 5 of 23 SUPPLEMENTARY CONDITIONS Project No.052511256.0007 CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of the ENGINEER and the others whose work will be affected. The duties and responsibilities of the CONTRACTOR under this Paragraph are for the benefit of such utility owners and other contractors to the extent that acthere contt CONTRACTOR in said direct between the OWNER and such utility owners and other contractors. 2.10.3. If the proper execution or results of any part of the CONTRACTOR' s Work depends upon work performed by others under paragraphs 7.5 and 7 6, CONTRACTOR shall inspect such other work and promptly report to the ENGINEER in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results and performance of CONTRACTOR'S Work. CONTRACTOR'S failure so to report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR'S Work except for latent or nonapparent defects and deficiencies in such other work 2.11. Coordination 2.11.1. If OWNER contracts with others for the performance of other work on the Project at the site, the following will be set forth in Supplementary Conditions: 2.11.1.1. the person, firm, or corporation who will have the authority and responsibility for coordination of the activities among the vanous prime contractors will be identified; 2.11.1.2 the specific matters to be covered by such authority and responsibility will be itemized; and 2.11.1.3. the extent of such authority and responsibilities will be provided. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility in respect of such coordination. 2.12. OWNER May Correct Defective Work Prior to final acceptance, if CONTRACTOR fails, within a reasonable time after written notice from ENGINEER to correct Defective Work or to remove and replace rejected Work as required by ENGINEER in accordance with Paragraph 6.10 or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents or if CONTRACTOR fails to comply with any other provision of the Contract Documents, OWNER may after seven (7) days written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising the nghts and remedies under this Paragraph, OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the site take possession of all or part of the Work, and suspend CONTRACTOR'S services related thereto, take possession of CONTRACTOR' s tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER OWNER' S representatives agents and employees, OWNER'S other contractors, and ENGINEER and ENGINEER's Consultants access to the site to enable OWNER to exercise the rights and remedies under this Paragraph. All claims, costs, losses, and damages incurred or sustained by OWNER in exercising such rights and remedies will be charged against CONTRACTOR and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Project No.052511256.0007 00800 — Page 6 of 23 SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 Work. OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 7. Such claims, cost, losses and damages will include, but not be limited to, all costs of repair or replacement of work of others destroyed or damaged by correction, removal, or replacement of CONTRACTOR'S Defective Work, EVEN IF SUCH CLAIMS, COSTS, LOSSES, OR DAMAGES ARE DUE TO THE NEGLIGENCE, OTHER FAULT, STRICT LIABILITY WITHOUT REGARD TO FAULT BREACH OF CONTRACT, OR BREACH OF WARRANTY OF OTHERS, INCLUDING OWNER, OWNER's REPRESENTATIVES, AGENTS OWNER's OTHER CONTRACTORS, AND, TO THE EXTENT ALLOWED BY LAW, ENGINEER OR ENGINEER'S CONSULTANTS. CONTRACTOR shall not be allowed an extension of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER' s rights and remedies hereunder. ARTICLE 3 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER SC-3 Add the following paragraphs: 3.08. Determinations for Unit Prices ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER'S preliminary determinations on such matters before rendering a wntten decision thereon (by recommendation of an Application for Payment or otherwise) ENGINEER's written decision thereon will be final and binding upon the OWNER and the CONTRACTOR, unless, within ten (10) days after the date of any such decision, either the OWNER or the CONTRACTOR delivers to the other and to ENGINEER written notice of intention to appeal from ENGINEER' s decision and (i) an appeal from ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth in Exhibit A, "Dispute Resolution Agreement," entered into between OWNER and CONTRACTOR pursuant to Article 7 or (ii) if no such Dispute Resolution Agreement has been entered into, the ENGINEER shall duly consider all facts presented and available and render a written decision within thirty (30) days after OWNER or CONTRACTOR has delivered written notice to the ENGINEER. The ENGINEER's written decision thereon will be binding upon OWNER and CONTRACTOR Such appeal will not be subject to the procedures of Paragraph 3.05 of the General Conditions. 3.09. Authorized Variations in Work The ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents These may be accomplished by a Field Order and will be binding on OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the Contract Times and the parties are unable to agree as to the amount or extent thereof OWNER or CONTRACTOR may make a written claim therefor as provided in Article 7. 3.10. Clarifications and Interpretations ENGINEER will issue, with reasonable promptness, such written clarifications or interpretations of the requirements of the Contract Documents (in the form of Drawings or otherwise) as the ENGINEER may determine necessary which shall be consistent with the intent of and reasonably inferable from, the Contract Documents. Such written clarifications and interpretations will be Project No.052511256.0007 00800 — Page 7 of 23 SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 binding on OWNER and CONTRACTOR. If OWNER or CONTRACTOR believes that a written clarification or interpretation justifies an adjustment in the Contract Price or the Contract Time and the parties are unable to agree to the amount or extent thereof, if any OWNER or CONTRACTOR may make a written claim therefor as provided in Article 11 or Article 12. ARTICLE 4 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR SC-4 Add the following paragraphs: 4.05.1. Performance, Payment, and Other Bonds 4.05.1.1. CONTRACTOR shall furnish Performance and Payment Bonds, each in an amount at least equal to the Contract Price, as security for the faithful performance and payment of all of the CONTRACTOR's obligations under the Contract Documents. These Bonds shall remain in effect at least until one (1) year after the date when the final payment becomes due, or as provided otherwise by Laws or Regulations or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the form prescribed by the Contract Documents except as provided by such sureties as are named in the current list of Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies' as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations U S Treasury Department, and shall be in the form prescribed by applicable Laws and Regulations. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. 4.05.1.2. If the surety on any Bond furnished by the CONTRACTOR is declared a bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of Paragraph 4.05.1.1, CONTRACTOR shall within ten (10) days thereafter substitute another Bond and surety both of which must be acceptable to the OWNER 4.05.2. Licensed Sureties and Insurers; Certificates of Insurance 4.05.2.1 All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in the State of Texas to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 4.05 2.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, Certificates of Insurance (and other evidence of insurance requested by OWNER or any other additional insured) which the CONTRACTOR is required to purchase and maintain in accordance with Paragraph 4.06.1. Each certificate issued will contain waiver provisions in accordance with paragraph 4.06 4. OWNER shall deliver to CONTRACTOR, with copies to each additional insured identified in the Supplementary Conditions, Certificates of Insurance (and other evidence of insurance requested by CONTRACTOR or any other additional insured) which OWNER is required to purchase and maintain in accordance with Paragraph 4.06.3 hereof. Project No.052511256.0007 00800 — Page 8 of 23 SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 4.06.1. CONTRACTOR'S Liability Insurance CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of, or result from, CONTRACTOR'S performance and furnishing of the Work and CONTRACTOR'S other obligations under the Contract Documents whether it is to be performed or furnished by CONTRACTOR, or furnish any of the Workrany Subcontractor or , or by anyone directly or, by anyone for whose indirectly employed by any of them to perform acts any of them may be liable: claims under Workers' Compensation, disability benefits, and other similar employee 4.06.1.1. benefit acts; 4.06.1.2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR'S employees; 4.06.1.3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR'S employees; iaility e 4.06.1.4. claims for damages insured or ndirectlylreb ted to the �mplowhich yment sustained: (i) by any person as a result of an offense directlyother person for any other reason; of such person by CONTRACTOR, or (ii) by any 4.06.1.5. claims for damages, other han o the Work itself, because of injury resulting therefrom; and to, or destruction of, tangible property wherever locatedincluding loss of use 4.06.1.6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle. The policies of insurance so required by this Paragraph 4.06 to be purchased and maintained shall: 4.06.1.7. with respect to insurance required by Paragraphs 4.06.1.3 through 4.06.1.6 inclusive, include as additional insured (subject to any customary exclusion in respect of professional liability) OWNER, ENGINEER, ENGINEER'S Subconsultants, and any other persons or entities identified in the Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage for the respective officers and employees of all such additional insureds; 4.06.1.8. include the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations whichever is greater. 4.06.1.9. include completed operations insurance; 4.06.1.10. include contractual liability insurance covering CONTRACTOR'S indemnity obligations under Paragraph 4.06; 4.06.1.11. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty (30) days, prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a Certificate of Insurance has been issued (and the Certificates of Insurance furnished by CONTRACTOR pursuant to Paragraph 4.05.2 will so provide); Project No.052511256.0007 00800 — Page 9 of 23 SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 en 4.06.1.12. remain in effect at least until ithe replacingfinal payment Defec ve all Work n accordancehwith CONTRACTOR may be correcting, removng, or Paragraph 6.11 and 4.06.1.13. with respect to Completed Operations Insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two (2) yearsafter final payment CONTRACTOR shall furnish the OWNER and each other additional insured identified in the Supplementary Conditions to whom a Certificate of continuation of such insurance at final payment to OWNER and any such additional insuredand one (1) year thereafter). 4.06.2. OWNER's Liability Insurance In addition to the insurance required to be provided by CONTRACTOR under Paragraph 4.06.1, OWNER, at OWNER'S option, may purchase and maintain at OWNER's expense OWNER'S own liability insurance as will protect OWNER against claims which may arise from operations under the Contract Documents. 4.06.3. Property Insurance R shall purchase 4.06.3.1 Unless otherwise provided in thWorkatthelemeary Conditions, s to in the amount of the fullEeplacementcnst and maintain property insurance upon the thereof (subject to such deductible amounts as may be provided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall: 4.06 3 1 1 include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER'S Subconsultants and any other persons or entities identified in the Supplementary Conditions, each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 4.06.3.1.2. be written on a Builder's Risk "All -Risk' or Open Peril or Special Causes of Loss policy form that shall at least include insurance for physical loss or damage to the Work, temporary building, falsework, and Work in transit and shall insure against at least the following perils: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal demolition occasioned by enforcement of Laws and Regulations, water damage, and such other perils as may be specifically required by the Supplementary Conditions; 4.06.3.1.3. include expenses fincurred and charges ofrepair engineers and architects); insured property (including but not limited to fees 4 06.3 1.4. cover materials and equipment stored at the site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by ENGINEER; and 4.06.3.1.5. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR and a Certificate of Insurance has)been issued. written notice to each other additional insured to w 4.06 3.2. OWNER shall purchase and maintain such Boiler and Machinery Insurance or additional property insurance as may be required by the Supplementary conditions or Laws and Regulations which will include the interests of OWNER, CONTRACTOR, SubcoP ractors, CONDITIONS Project No.052511256.0007 00800 — Page 10 of 23 U CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 ed in the ENGINEER, ENGINEER'S Consultants,of whom isany other persons or enties deemedto have an insurable interest l Supplementary Conditions, and shall be listed each as an insured or additional insured 4.06.3.3. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and maintained by OWNER in accordance with Paragraphs 4.06.3 1 and 4.06 3.2 will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least thirty (30) days' prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured to whom a Certificate of Insurance has been issued and will contain waiver provisions in accordance with Paragraph 4.06.4. 4.06.3.4. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR, Subcontractors or others in the Work to the extent of any deductible amounts that are identified in the Supplementary Conditions. The risk of loss within such identified deductible amount will be borne by CONTRACTOR Subcontractor, or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounts, each may purchase and maintain it at the purchaser's own expense. 4.06.3.5. If CONTRACTOR requests in writing that other special insurance be included in the property insurance policies provided under Paragraph 5.5.1 or 5.5.2 OWNERhalll, if possible, include such insurance, and the cost thereof will be charged to CONTRACTOR byappropriate Change Order or Written Amendment. Prior to commencementsuch otherinsuranae has been prof the Wrk at the site, OWNEcured by OWshNEl in R. writing advise CONTRACTOR whether or 4.06.4. Waiver of Rights 4.06.4.1. OWNER and CONTRACTOR intend that allpolicies OWNER,CONTRACTOR, with Paragraphs 4.05.2.1 4 05.2 2, 4 06.3.1, and 4.06.3.2 will protect Subcontractors, ENGINEER, ENGINEER'S Subconsultants, and all other persons or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds in such policies and will provide primary coverage for all losses and damages caused by the perils covered thereby. All such policies shall contain provisions to the effect that in the event of payment of any loss or damage, the insurers will have no rights of recovery against any of the insureds or additional insureds thereunder. OWNER and CONTRACTOR waive all rights against each other and their respective officers, directors, employees and agents for all losses and damages caused by, arising out of, or resulting from any of the perils covered by such policies and any other property insurance applicable to the Work; and, in addition, waive all such rights against Subcontractors, ENGINEER, ENGINEER'S Consultants, and all other persons or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds under such policies for losses and damages so cause. None of the above waivers shall extend to the rights that any party making such waiver may have to the proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so issued. 4.06.4.2. In addition, OWNER waives all rights against CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Subconsultants, and the officers, directors, employees and agents of any of them, for: 4.06.4 2.1. loss due to interruption; loss of use, or other consequential loss extending beyond direct physical loss or damage to OWNER'S property or the Work caused by, arising out of, or resulting from, fire or other peril, whether or not insured by OWNER; and Project No.052511256.0007 00800 — Page 11 of 23 SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 4.06.4.2.2. loss or damage to the completed Project or part thereof caused by, arising out of, or resulting from, fire or other insured peril covered by any property insurance maintained on the completed Project or part thereof by OWNER during partial utilization pursuant to Paragraph 6.07, after substantial completion pursuant to Paragraph 6.16, or after final payment pursuant to Paragraph 6.11. Any insurance policy maintained by OWNER covering any loss, damage or consequential loss referred to in this Paragraph 4.06.4.2 shall contain provisions to the effect that in the event of payment of any such loss, damage, or consequential loss, the insurers will have no rights of recovery against any of CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants, and the officers, directors, employees and agents of any of them 4.06.5. Receipt and Application of Insurance Proceeds 4.06.5.1. Any insured loss under the policies of insurance required by Paragraph 4.06.3 will be adjusted with OWNER and made payable to OWNER subject to the requirements of any applicable mortgage clause and of Paragraph 4.06.5.2. OWNER shall deposit in a separate account any money so received and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached, the damaged Work shall be repaired or replaced, the moneys so received applied on account thereof, and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 4.06.5.2. OWNER shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen (15) days after the occurrence of loss to OWNER's exercise of this power. If such objection be made, OWNER shall make settlement with the insurers in accordance with such agreement as the parties in interest may reach. If no such agreement among the parties in interest is reached, OWNER shall adjust and settle the loss with the insurers and, if required in writing by any party in interest, OWNER shall give a bond for the proper performance of such duties. 4.06.6. Acceptance of Bonds and Insurance; Option to Replace If either party (OWNER or CONTRACTOR) has any objection to the coverage afforded by or provisions of the Bonds or insurance required to be purchased and maintained by the other party in accordance with Paragraph 4.06 on the basis of nonconformance with the Contract Documents, the objecting party shall so notify the other party in writing within ten (10) days after receipt of the certificates (or other evidence requested). OWNER and CONTRACTOR shall each provide to the other such additional information in respect of insurance provided as the other may reasonably request. If either party does not purchase or maintain all of the Bonds and insurance required of such party by the Contract Documents, such party shall notify the other party in writing of such failure to purchase prior to the start of the Work, or of such failure to maintain prior to the start of the Work or of such failure to maintain prior to any change in the required coverage. Without prejudice to any other right or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect such other party's interests at the expense of the party who was required to provide such coverage, and a Change Order shall be issued to adjust the Contract Price accordingly. 4.06.7. Partial Utilization —Property Insurance If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work, such use or occupancy may be accomplished in accordance with Paragraph 6.07 provided that no such use or occupancy shall commence before the insurers providing Project No.052511256.0007 00800 — Page 12 of 23 SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 the property insurance have acknowledged notice hereof and in writing effected any changes in coverage necessitated thereby The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. 4.30. Substitutes and "Or -Equal" Items 4.30.1. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent or or -equal" item or no substitutionis ptted by ther items of material ENGINEER under therequipment or merial fotowing circumstanceor be equipment of other Suppliers mayaccepted 4.30.1.1. "Or -Equal": If, in ENGINEER'S sole discretion, an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an or -equal ' item, in which case review and approval of the proposed item may, in ENGINEER' s sole discretion, be accomplished without compliance with some or all of the requirements for acceptance of proposed substitute items. 4.30.1.2. Substitute Items If, in ENGINEER'S sole discretion, an item of material or equipment proposed by CONTRACTOR does not qualify as an "or -equal item under subparagraph 4.30.1.1, it will be considered a proposed substitute item. CONTRACTOR shall submit sufficient information as provided below to allow ENGINEER to determine that the item of material or equipment proposed is .essentially equivalent to that named and an acceptable substitute therefor. The procedure for review by the ENGINEER will include the following as supplemented in the General Requirements and as ENGINEER may decide is appropriate under the circumstances.. Requests for review of proposed substitute items of material or equipment will not be accepted by ENGINEER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or equipment, CONTRACTOR shall first make written application to ENGINEER for acceptance thereof certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design and be similar in substance to that specified. The application will state the extent, if any, to which the evaluation and acceptance of the proposed substitute will prejudice CONTRACTOR'S achievement of Substantial Completion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance and repair and replacement service will be indicated. The application also will contain an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute including costs of redesign and claims of other contractors ered by EER in effectedvaluate gy the resulting substitute. ENGINEER may reqe, all of which will be uire e CONTRACTOR to furnish evaluating the proposed additional data about the proposed substitute. 4.30.1.3. CONTRACTOR's Expense: All data to be provided by CONTRACTOR in support of any proposed "or -equal" or substitute item will be at CONTRACTOR' s expense. Project No.052511256.0007 00800 — Page 13 of 23 SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 4.30.2. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is shown or indicated in, and expressly required by, the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, methods, technique, sequence or procedure or construction acceptableEe discretion,COto determine thatCTOR shall rthe it sufficient information to allow ENGINEER, mENGINEER s s substitute proposed is equivalent to that expressly called for by the Contract Documents. The procedure for review by ENGINEER will be similar to that provided in subparagraph 4.30.1.2. 4.30.3. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to evaluate each proposal or submittal to be pursuant to Paragraphs 4.30.1.2 and 4.30.2. ENGINEER will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized without ENGINEER s prior written acceptance, which will be evidenced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at CONTRp,CTOR's expense a special performance egarantee or other surety with respect to any "or - equal' or substitute. ENGINEER will recordrequired by ENGINEER and ENGINEER'S Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to Paragraphs 4.30.1.2 and 4.30.2 and in making changes in the Contract Documents (or in the provisions of any other direct contract with OWNER tfor work ropo edtor submitted by CONThe Project) occasioned RRACTORhereby Whether or not ENGINEER accepts a subst sop CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER'S Consultants for evaluating each such proposed substitute item. 4.31. Emergencies In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from OWNER or ENGINEER, is obligated to act promptly, efficiently and reasonably to prevent threatened damage, injury or loss. CONTRACTOR shall give ENGINEER promptwinttthe notice ift CONTRACTOR OR believes that any significant changes in the Work or variationsf have been caused thereby. If ENGINEER determinesthat go such an emergenDocuments is cy, a Work Change required because of the action taken by CONTRACTORresponse Directive or Change Order will be issued to document the consequences of such action. 4.32. Before Starting Construction 4.32.1. Within ten (10) days after the Effective Date of the Agreement and before any work at the site is started (unless otherwise specified in the General Requirements), CONTRACTOR shall submit to ENGINEER for review: 4.32.1.1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; 4.32.1.2. a preliminary schedule of Shop Drawing and Sample submittals which will list each required submittal and the times for submitting, reviewing, and processing such submittal as further described in detail in Specification Section 01300 Submittals. 4.32 1.3. a preliminary schedule of values for all of the Work which will include quantities and prices of items aggregating the Contract Price and will subdivide the Work into component parts in sufficient detail to serve as the basis for progress payments during Project No.052511256.0007 00800 — Page 14 of 23 SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 4 32.2. Before any Work at the site is started, CONTRACTOR and OWNER shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates ofor any additional insured insurance (and or evid nce of insurance which either of and OWNER respectively vely are required to purchase ay and reasonably request) which CONTRACTOR maintain in accordance with Paragraphs 4.05 and 4.06. 4.33. Initially Acceptable Schedules Unless otherwise provided in the Contract Documents, at least ten (10) days before submission of the first Application for Payment, a conference attended by CONTRACTOR, ENGINEER, and others as appropriate will be held to review for acceptability to ENGINEER as provided below the schedules submitted in accordance with Paragraph 4.32.1. CONTRACTOR shall have an additional ten (10) days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until the schedules are submitted to and acceptable to ENGINEER as provided below. The progress schedule shall provide for an orderly progression of the Work to completion within any specified Milestones and the Contract Times Any acceptance of the progress schedule by ENGINEER will neither impose on ENGINEER responsibility for the sequencing, scheduling or progress of the Work, nor interfere with, nor relieve CONTRACTOR from, CONTRACTOR s full responsibility therefor. CONTRACTOR'S schedule of Shop Drawing and Sample submissions shall provide for a workable arrangement for reviewing and processing the required submittals. CONTRACTOR'S schedule of values shall be acceptable to ENGINEER as to form and substance. 4.34. Safety and Protection 4.34.1. CONTRACTOR shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 4.34.1.1. all persons on the Work site or who may be affected by the Work; 4.34.1.2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and 4.34.1.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures utilities and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. 4.34.2. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for safety of persons or property or to protect them from damage, injury or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. All damage, injury or loss to any property referred to in Paragraph 4 34.1.2 or 4.34.1.3 caused, directly, or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier, or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose Project No.052511256.0007 00800 — Page 15 of 23 SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 acts any of them may be liable, shall be remedied by CONTRACTOR, EVEN IF DUE IN PART TO THE CONCURRENT NEGLIGENCE OTHER FAULT, STRICT LIABILITY WITHOUT REGARD TO FAULT OR BREACH OF CONTRACT OF OWNER, ENGINEER, ENGINEER'S SUBCONSULTANTS OR ANYONE EMPLOYED BY EXCEPT OF THEM, OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, DAMAGE OR LOSS SOLELY ATTRIBUTABLE TO THE FAULT OF DRAWINGS OR SPECIFICATIONS OR TO THE ACTS OR OMISSIONS OF OWNER OR ENGINEER OR ENGINEER'S SUBCONSULTANT OR ANYONE EMPLOYED BY ANY OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, AND NOT ATTRIBUTABLE, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, TO THE FAULT OR NEGLIGENCE OF CONTRACTOR OR ANY SUBCONTRACTOR, SUPPLIER OR OTHER PERSON OR ORGANIZATION DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM. CONTRACTOR'S duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with Paragraph 14 9.1. that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). ARTICLE 5 PROSECUTION AND PROGRESS SC-5 Add the following paragraphs: 5.05. Commencement of Contract Times, Notice to Proceed The Contract Times will automatically commence to run on the thirtieth (30th) day after the Effective Date of the Agreement, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed, which date shall not, without the agreement of the CONTRACTOR, be later than the earlier of ninety (90) days after the day of BID opening or thirty (30) days after the effective date of the Agreement. A Notice to Proceed may be given at any time within thirty (30) days after the Effective Date of the Agreement. Unless otherwise agreed to by the parties in writing the Contract Times shall not commence to run later than the ninetieth day after the day of BID opening or the thirtieth (30th) day after the Effective Date of the Agreement whichever date is earlier. 5.06 Change of Contract Times 5.06.1 Claim for Adjustment The Contract Times (or Milestones) may only be changed by a Change Order Any claim for an adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty [30] days) after the occurrence of the event giving nse to the claim and stating the general nature of the claim Notice of the extent of the claim with supporting data, shall be delivered within sixty (60) days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant's written representation that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Times (or Milestones) shall be determined by ENGINEER in accordance with Paragraph 3.05 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the Contract Times (or Milestones) will be valid if not submitted in accordance with the requirements of this Paragraph 5.06.1. CONTRACTOR must submit, as a minimum, the following supporting data: Project No.052511256.0007 00800 — Page 16 of 23 SUPPLEMENTARY CONDITIONS CITY OF PEARLAND 5.06.1.1. Information is an addition to the Contract. Information documenting that the number of days requested is accurate for the event. 5.06.1.2. 5.06.1.3. Revised, current construction schedule showing that the time requested affects the project's critical path. 5.06.2. Time of the Essence All time limits stated in the Contract Documents are of the essence of the Agreement. 5.06.3. Delays Beyond CONTRACTOR's Control Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control the timeONTRACTlost due to e uthe Contract h delay if a claim iTimes made s (or Milestones) will be extended in an amount equal therefor as provided in Paragraph 5.06.1. Delays WNERnd the acts ortrol of neglectOof utility owners orother include, but not be limited to, acts or neglecty contractors performing other work as contemplated by Paragraphs Delays attributable to,e and within the Supplemental General Conditions, Fires, Floods, Epidemics, or Actsof God control of, a Subcontractor or Supplier shall shall beto be elays CONT1thin the RACTOR�s sole and exclusive ntrol of CONTRACTOR. An extension to the Contract Times remedy for any such delays. 5.06.4. Delays Beyond OWNER'S and CONTRACTOR'S Control he Work within the Where CONTRACTOR is prevented from completing any part the control both OWNER and CONTRACTORcan Times (or Milestones) due to delay beyond extension of the Contract Times (or Milestones) in an forount equal to the time lost due to such such delay. CONTRACTOR shall not be shall be CONTRACTOR'S sole and exclusive remedy entitled to any increase in Contract Price as a result of such delay IN NO EVENT S PLER, L OWNER BE LIABLE TO CONTRACTOR, ANY SUBCONTRACTOR, NY ANY OTHER PERSON OR ORGANIZATION,HEM,OR TO ANY FOR DAMAGES A� I GOUT OF, OR FOR, OR EMPLOYEE OR AGENT OF, ANYOF RESULTING FROM, (i) DELAYS CTHESED BY, R WITHIN THE CONTROLOF CONTROL PARTIES Q CONTRACTOR, OR (ii) DELAYS BEYONDEPIDEMICS, ABNORMAL INCLUDING, BUT NOT LIMITED TO, FIRES, FLOODS, WEATHER CONDITIONS, ACTS OF GOD, OR ACTS OR NEGLECT BY UTILITY OWNERS OR OTHER CONTRACTORS0. N PERFORMING OTHER EWORK YS AS IN PART CONTEMPLATED BY PARAGRAPH TO THE NEGLIGENCE, OTHER FAULT, BREACH TRACE PRA CCONTACT T O OR WARRANTY, VIOLATION OF THE TEXAS DECEPTIVE STRICT LIABILITY WITHOUT REGARD TO FAULT OF OWNER. Miscellaneous Road Improvement Projects - Group 2 showing that time requested is not included in the existing Contract and Project No.052511256.0007 00800 — Page 17 of 23 SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 ARTICLE 6 MEASUREMENT AND PAYMENT SC-6 Add the following paragraphs: 6.14. CONTRACTOR'S Warranty of Title CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment and free and clear of all Liens. 6.15. Review of Applications for Progress Payment 6.15.1. ENGINEER will, within ten (10) days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER, or return the Application to CONTRACTOR indicating in writing ENGINEER s reasons for refusing to recommend payment In the latter case, CONTRACTOR may make the necessary corrections and resubmit the Application Ten (10) days after presentation of the Application for Payment to OWNER with ENGINEER'S recommendation, the amount recommended by ENGINEER, less amounts withheld by OWNER pursuant to Paragraph 6 15.4, will become due and when due will be paid by OWNER to CONTRACTOR. 6.15.2. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER'S on -site observations of the executed Work as an experienced and qualified design professional and on ENGINEER'S review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER'S knowledge, information and belief: 6.15.2.1. the Work has progressed to the point indicated, 6.15.2.2. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon tract Documents,l to a Completion, to the results of any subsequent tests called final determination of quantities and classifications for Unit Pnce Work under Paragraph 9.8, and to any other qualifications stated in the recommendation), and 6.15.2.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear to have been fulfilled in so far as it is ENGINEER'S responsibility to observe the Work. However, by recommending any such payment ENGINEER will not thereby be deemed to have represented that. (i) exhaustive or continuous on -site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in the Contract Documents or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 6.15.3. ENGINEER' s recommendations of any payment, including final payment, shall not mean that ENGINEER is responsible for, and shall not relieve CONTRACTOR from, its responsibility for CONTRACTOR' s means, methods, techniques, sequences, or procedures of construction, or the safety precautions or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the furnishing or performance of Work or for any failure of CONTRACTOR to perform or furnish Project No.052511256.0007 00800 — Page 18 of 23 SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 Work in accordance with the Contract Documents or that ENGINEER is representing that CONTRACTOR has complied with Laws and Regulations or performed or furnished the work in accordance with the Contract Documents. 6.15.4. ENGINEER may refuse to recommend the whole or any part of payment if, in ENGINEER' s opinion, it would be incorrect to make the representations to OWNER referred to in Paragraph 6.05. ENGINEER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in ENGINEER'S opinion to protect OWNER from loss because: 6.15.4.1. the Work is Defective, or completed Work has been damaged requiring correction or replacement, 6.15.4.2. the Contract price has been reduced by Written Amendment or Change Order, 6.15.4.3. OWNER has been required to correct Defective Work or complete Work in accordance with Paragraph 2.70, or 6.15 4 4 ENGINEER has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 8.04 through 8.05 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: 6.15.4.5. claims have been made against OWNER on account of CONTRACTOR'S performance or furnishing of the Work. 6.15.4.6. Notices of intent to file liens have been sent to OWNER or Liens have been filed in connection with the Work except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens, 6.15.4.7. there are other items entitling OWNER to a set-off against the amount recommended, or 6.15.4.8. OWNER has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 6.15.4.1 through 6.15.4.3 or Paragraphs 8.04.1.1 through 8.04.1 4 inclusive; but OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER s satisfaction the reasons for such action. Any amount not recommended for payment by ENGINEER or approved for payment by OWNER pursuant to this Paragraph 6.15 4 shall not be due to CONTRACTOR and shall not be subject to interest pursuant to Article 4 of the Agreement or other wise under the Contract Document. 6.16. Substantial Completion 6.16.1. When CONTRACTOR considers the entire Work ready for its intended use, CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and shall request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR and ENGINEER shall make an inspection of the Work Project No.052511256.0007 00800 — Page 19 of 23 SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete, ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. OWNER shall have seven (7) days after receipt of the tentative certificate to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objections, ENGINEER concludes that the Work is not substantially complete ENGINEER will, within fourteen (14) days after submission of the tentative certificate to OWNER, notify CONTRACTOR in writing, stating the reasons ENGINEER believes the work is not substantially complete. If after consideration of OWNER's objections, ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen (14) days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be completed or corrected), reflecting such changes from the tentative certificate as ENGINEER believes justified after consideration of any objections from OWNER At the time of delivery of the tentative certificate of Substantial Completion, ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security, operation, safety, maintenance heat, utilities, insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in writing and so infonn ENGINEER in writing prior to ENGINEER's issuing the definitive certificate of Substantial Completion, ENGINEER s aforesaid recommendation will be binding on OWNER and CONTRACTOR until final payment. 6.16.2. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, but OWNER shall allow CONTRACTOR reasonable access to complete or correct items on the tentative list used until final acceptance. CONTRACTOR shall complete or correct such items in a diligent and expeditious manner. 6.17. Waiver of Claims The making and acceptance of final payment will constitute: 6.17.1. a waiver of all claims by OWNER against CONTRACTOR, except claims arising from unsettled Liens, from Defective Work appearing after final inspection pursuant to Paragraph 6.08, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR'S continuing obligations under the Contract Documents; and 6.17.2. a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writing and still unsettled. ARTICLE 7 EXTRA WORK AND CLAIMS SC-7 Add the following paragraphs: 7.05. Amending and Supplementing Contract Documents 7.05.1. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 7.05.1.1. a formal written Amendment, Project No.052511256.0007 00800 — Page 20 of 23 SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 7.05.1.2. a Change Order (pursuant to Paragraph 7.01), or 7.05.1.3. a Work Change Directive. 7.05.2. In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 7.05.2.1. a Field Order (pursuant to Paragraph 3.09), 7.05.2.2. ENGINEER's written interpretation or clarification (pursuant to Paragraph 3.10). 7.06. Unit Price Work 7.06.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include, for all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work perfoilned by CONTRACTOR will be made by ENGINEER in accordance with Paragraph 3.1. CONTRACTOR represents that its profits are not based upon the estimated quantities of Unit Price Work and agrees that neither ENGINEER nor OWNER shall be liable to CONTRACTOR if the actual amount of Unit Price Work differs from the estimated quantities of Unit Price Work, even if OWNER or CONTRACTOR was negligent in making such estimates. 7.06 2 Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR' s overhead and profit for each separately identified item. 7.06.3. OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in accordance with Article 11 if: 7.06.3.1. The quantity of any item of Unit Price Work performed by CONTRACTOR differs by more than twenty-five (25) percent (over or under) from the estimated quantity of such item indicated in the Agreement; and 7.06.3.2. There is no corresponding adjustment with respect to any other item of Work; and 7.06.3.3. If CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease ARTICLE 8 ABANDONMENT OF CONTRACT SC-8 Add the following paragraphs: 8.04. OWNER May Suspend Work At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than ninety (90) days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension Project No.052511256.0007 00800 — Page 21 of 23 SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes an approved claim therefor as provided in Article 5. 8.05. OWNER May Terminate 8.05.1. Upon the occurrence of any one or more of the following events: 8.05.1.1. if, in the opinion of OWNER, CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply a sufficient number of or sufficiently skilled workers or suitable matenals or equipment or failure to adhere to the progress schedule established under Paragraph 4.33 as adjusted from time to time pursuant to Article 4); c 8.05.1.2. if CONTRACTOR disregards work of CONTRACTOR's performanlations of any celo body work; jurisdiction over the project, th 8.05.1.3. if CONTRACTOR disregards the authority of ENGINEER; or 8.05.1.4 if CONTRACTOR otherwise violates, in any substantial way, any provisions of the Contract Documents; OWNER may, after giving CONTRACTOR (and the surety, if any) seven (7) days' written notice, and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR'S tools, appliances construction equipment, and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all matenals and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages sustained by OWNER arising out of, or resulting from, completing the Work, such excess will be paid to CONTRACTOR. If such claims, costs, losses, and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses, and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness, and, when so approved by ENGINEER, undenr hisR,aragraph,ated into a Change OWNER shall not be required eq provideder red to that when exercising any rights or remedies P obtain the lowest price for the Work performed 8.05.2. Where CONTRACTOR' s services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER of moneysdue CONTRACTOR byOWNER will against ng or which not y thereafter accrue. Any retention or payment release CONTRACTOR from liability. 8.05.3. Upon seven (7) days' written notice to CONTRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Agreement. In such case, CONTRACTOR shall be paid (without duplication of any items): 8 05.3.1.For completed and Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; Project No.052511256.0007 00800 — Page 22 of 23 SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 8.05.3.2. For expenses sustained prior to the effective date of termination in performing services and furnishing labor materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 8.05.3.3. For all claims, costs, losses, and damages incurred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 8.05.3.4. For reasonable expenses directly attributable to termination. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of, or resulting from, such teilnination. OWNER SHALL NOT BE LIABLE TO CONTRACTOR FOR ANY LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS ARISING OUT OF, OR RESULTING FROM, SUCH TERMINATION, EVEN IF SUCH LOSS IS DUE TO THE NEGLIGENCE, OTHER FAULT, BREACH OF CONTRACT OR WARRANTY, VIOLATION OF THE TEXAS DECEPTIVE TRADE PRACTICES ACT, OR STRICT LIABILITY WITHOUT REGARD TO FAULT OF OWNER. Project No.052511256.0007 END OF SECTION 00800 — Page 23 of 23 SUPPLEMENTARY CONDITIONS CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 SECTION 00811 WAGE SCALE FOR ENGINEERING CONSTRUCTION 1.01 In accordance with the Prevailing Wage law on Public Works (Article 5159-a of the Revised Civil Statutes of Texas), the public body awarding the contract does hereby specify the following to be the general prevailing rates in the locality in which the work is being performed. 1.02 This prevailing wage rate does not prohibit the payment of more than the rates stated. 1.03 The wage scale for engineering construction is to be applied to all site work greater than 5 feet from an exterior wall of a new building under construction or from an exterior wall of an existing building. 4 Project No. 052511256.0007 END OF SECTION 00811—Page l of 3 WAGE SCALE CITY OF PEARLAND Prevailing Wage Rates for Engineering Construction for Districts Located within Corporate Boundaries or ETJ of City of Houston and Harris County Asphalt Raker Asphalt Shoveler Batching Plant Weigher/Batching Plant Scaleman Carpenter Concrete Finisher Paving Concrete Finisher Structures Concrete Rubber Electrician Flagger Form Builder Structures Form Liner Paving & Curb Form Setter Paving & Curb Form Setter Structures Laborer Common Laborer Utility Line person Miscellaneous Road Improvement Projects - Group 2 8.28 7.45 10.35 9.87 9.86 9.00 16.15 6.66 9.96 9.03 8.86 9.05 Manhole Builder Brick Mechanic Oiler 7.45 8.53 7.50 8.49 11.38 9.56 Servicer Painter Structures Piledriver 9.51 14.00 10.96 Pipe Layer Asphalt Distributor 8.49 Asphalt Paving Machine Broom or Sweeper Operator Bulldozer Concrete Curling Machine (see also Concrete Paving Curling Machine) Concrete Finishing Machine (see also Concrete Paving Finishing Machine) Concrete Joint Sealer (see also Concrete Paving Joint Sealer) Concrete Paving Float Concrete Paving Saw Concrete Paving Spreader Slipform Machine Operator Crane, Clamshell, Backhoe Derrick, D'Line, Shovel Crusher/Screening Plant Foundation Drill Operator Crawler Mounted Foundation Drill Operator Truck Mounted Front End Loader 9.47 10.05 8.01 9.91 8.80 11.79 10.50 9.30 10.01 9.32 9.20 11.35 11.00 12.59 12.73 Milling Machine Operator Mixer 9.29 10.43 7.94 Project No. 052511256.0007 00811 Page 2 of 3 WAGE SCALE CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 WageRate assiioation ' 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 Flat Wheel or Tamping 7.61 Roller Pneumatic Self Propelled 7.96 Scraper 9 8.69 Tractor Crawler Type 10. 12 Tractor Pneumatic 8.99 Traveling Mixer 9.35 Trenching Machine Light 10.50 Trenching Machine Heavy 13.56 Wagon Drill, Boring Machine 10.15 Reinforcing Steel Setter Paving 12.50 Reinforcing Steel Setter Structures 12.47 Steel Worker Structural 10.35 10.06 Sign Erector Box Operator 9.08 Spreader Work Zone Barricade 7.45 7.45 Sign Installer 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 This prevailing Wage Rate Scale for Engineering Construction does not prohibit the payment to workers of amounts greater than those specified herein. • Project No. 052511256.0007 00811 Page 3 of 3 WAGE SCALE CITY OF PEARLAND Miscellaneous Road Improvement Projects — Group 2 1.0 GENERAL SECTION 01100 SUMMARY OF WORK 1.01 SECTION INCLUDES Summary of the Work including Work by OWNER, OWNER furnished products, Work sequence, future Work, CONTRACTOR use of Premises, and OWNER occupancy. 1.02 WORK COVERED BY CONTRACT DOCUMENTS Widening, roadway and drainage improvements, and related work at the intersections of Cullen and Brookside, Cullen and Hughes Road, Dixie Faiul and McGinnis, and Dixie Faun and McDonald. 1.03 ALTERNATES A. Alternate bids quoted on Bid Foixns will be reviewed and accepted or rejected at OWNER's option. B. Volunteer Alternates, any Alternate not specified in this Section, will not be considered. C. Accepted Alternates will be identified in the Agreement between the OWNER and CONTRACTOR. D. Bids will be evaluated on base bid price plus selected Alternate. E. Description of Alternates: No alternates are included in this bid. 1.04 DESCRIPTION OF BID ITEMS A. Bid Item No. 1: Mobilization, Complete in Place 1, Include cost of: a. Mobilization and demobilization b. Performance and Payment Bonds c. Insurance premiums Project No.052511256.0007 December 10, 2002 01100 —Page 1 of 18 SUMMARY OF WORK CITY OF PEARLAND Miscellaneous Road Improvement Projects — Group 2 d. Project signs e. Other appurtenant and incidental work 2. Measurement for payment: Measure in lump sum B. Bid Item No. 2: Project Signs, Complete in Place 1. Include cost of: a. Furnish all signs b. Other appurtenant and incidental work 2. Measurement for payment: Measure in each (ea). C. Bid Item No. 3: Traffic Control Plan, Per M.U.T.C.D., Complete in Place 1. Include cost of: a. Developing traffic control plan per M U T C D b. Providing and installing traffic control plan c. Providing flagmen and traffic control officers as required d. Other appurtenant and incidental work 2. Measurement for payment: Measure in lump sum Os) Bid Item No. 4: Remove and Dispose of Concrete Pipe (All Sizes), Complete in Place 1. Include cost of: a. Removal of existing pipes of all sizes b. Disposal of materials removed c. Other appurtenant and incidental work 2. Measurement for payment: Measure in linear foot (if). E. Bid Item No. 5: Remove and Relocate Roadway Signs, Mailboxes, and Traffic Signs, Complete in Place 1. Include cost of: a. Removal of Roadway Signs, Mailboxes, and Traffic Signs Project No.052511256.0007 December 10, 2002 01100 — Page 2 of 18 SUMMARY OF WORK CITY OF PEARLAND Miscellaneous Road Improvement Projects — Group 2 b. Disposal of materials removed c. Other appurtenant and incidental work 2. Measurement for Payment Measure in lump sum Os) F. Bid Item No. 6: Roadway Excavation Including Removal of Asphalt Paving and Disposal Offsite, Complete in Place 1. Include cost of: a. Excavation b. Removal of existing asphalt paving materials c. Disposal of surplus excavation materials d. Other appurtenant and incidental work 2. Measurement for payment: Measure in cubic yard (cy). G. Bid Item No. 7: Embankment 1. Include cost of: a. Placing suitable roadway excavation material b. Furnishing required material in excess of excavated material c. Placing and compacting grade embankment 2. Measurement for Payment: Measure in cubic yard (cy). Bid Item No. 8: Saw -Cut (3-Inch Deep) Existing Asphalt on Concrete Paving, Complete m Place 1. Include cost of: a, Furnish equipment b. Other appurtenant and incidental work 2. Measurement for payment: Measure in linear feet Of) Bid Item No. 9: 18-Inch Reinforced Concrete Pipe System Sewer Culverts, C76, Class III, All Depths, Complete in Place 1. Include cost of: a. Furnish pipe, materials for pipe bedding, and select backfill b. Install materials Project No.052511256.0007 01100 — Page 3 of 18 SUMMARY OF WORK December 10, 2002 CITY OF PEARLAND Miscellaneous Road Improvement Projects — Group 2 c. Compact bedding and backfill d. Other appurtenant and incidental work 2. Measurement for payment: Measure in linear foot (10 J Bid Item No. 10: 24-Inch Reinforced Concrete Pipe Storm Sewer Culverts, C76, Class III, All Depths, Complete in Place 1. Include cost of: a. Furnish pipe, materials for pipe bedding, and select backfill b. Install materials c. Compact bedding and backfill d. Other appurtenant and incidental work 2. Measurement for payment: Measure in linear foot Of) K. Bid Item No. 11. 30-Inch Concrete Pipe Storru Sewer Culverts, C76, Class III, All Depths, Complete in Place 1. Include cost of: a. Furnish pipe, materials for pipe bedding, and select backfill b. Install materials c. Compact bedding and backfill d. Other appurtenant and incidental work 2. Measurement for payment: Measure in linear foot Of) L Bid Item No. 12: 36-Inch Reinforced Concrete Pipe Storm Sewer Culverts, C76, Class III, All Depths, Complete in Place 1. Include cost of: a. Furnish pipe, materials for pipe bedding, and select backfill b. Install materials c. Compact bedding and backfill d. Other appurtenant and incidental work 2. Measurement for payment: Measure in linear foot (1f) Project No.052511256.0007 December 10, 2002 01100 — Page 4 of 18 SUMMARY OF WORK CITY OF PEARLAND Miscellaneous Road Improvement Projects — Group 2 M. Bid Item No. 13: 48-Inch Reinforced Concrete Pipe Storm Sewer Culverts, C76, Class III, All Depths, Complete in Place 1. Include cost of: a. Furnish pipe, materials for pipe bedding, and select backfill b. Install materials c. Compact bedding and backfill d. Other appurtenant and incidental work 2. Measurement for payment. Measure in linear foot (1f) N. Bid Item No. 14: Type "C" Storlli Sewer Manhole for 42-Inch Diameter and Smaller, All Depth, Complete in Place 1. Include cost of: a. Excavation b. Furnish materials c. Install materials d. Backfill e. Other appurtenant and incidental work 2. Measurement for payment: Measure in each (ea) O. Bid Item No. 15: Storm Sewer Junction Box, Complete in Place 1. Include cost of: a. Excavation b. Furnish materials c. Install materials d. Backfill e. Other appurtenant and incidental work 2. Measurement for payment: Measure in each (ea) Project No.052511256.0007 December 10, 2002 01100 — Page 5 of 18 SUMMARY OF WORK CITY OF PEARLAND Miscellaneous Road Improvement Projects — Group 2 P. Bid Item No. 16: Type "A" Storm Sewer Inlet with Grate Top, Complete in Place 1. Include cost of: a. Furnish inlet structure, materials for bedding, and select backfill b. Install materials c. Compact bedding and backfill d. Other appurtenant and incidental work 2. Measurement for payment: Measure in each (ea) Bid Item No. 17: 18-Inch — 6:1 Safety End Treatment, Complete in Place 1. Include cost of: a. Furnish Safety End Treatment, materials for pipe bedding, and select backfill b. Install materials c. Compact bedding and backfill d. Other appurtenant and incidental work 2. Measurement for payment: Measure in each (ea) R. Bid Item No. 18: 24-Inch — 6:1 Safety End Treatment, Complete in Place 1. Include cost of: a. Furnish Safety End Treatment, materials for pipe bedding, and select backfill b. Install materials c. Compact bedding and backfill d. Other appurtenant and incidental work 2. Measurement for payment: Measure in each (ea) S. Bid Item No. 19: 30-Inch — 6:1 Safety End Treatment, Complete in Place 1. Include cost of: a. Furnish Safety End Treatment, materials for pipe bedding, and select backfill b. Install materials Project No.052511256.0007 01100 — Page 6 of 18 December 10, 2002 Q. SUMMARY OF WORK CITY OF PEARLAND Miscellaneous Road Improvement Projects — Group 2 c. Compact bedding and backfill d. Other appurtenant and incidental work 2. Measurement for payment: Measure in each (ea) T Bid Item No. 20: 36-Inch — 6:1 Safety End Treatment, With Pipe Runners, Complete in Place 1. Include cost of: a. Furnish Safety End Treatment, materials for pipe bedding, and select backfill b. Install materials c. Compact bedding and backfill d. Other appurtenant and incidental work 2. Measurement for payment. Measure in each (ea) U. Bid Item No. 21: 48 Inch — 6:1 Safety End Treatment, With Pipe Runners, Complete in Place 1. Include cost of: a. Furnish Safety End Treatment, materials for pipe bedding, and select backfill b. Install materials c. Compact bedding and backfill d. Other appurtenant and incidental work 2. Measurement for payment: Measure in each (ea) V Bid Item No. 22: Relocate Existing 18-Inch — 6:1 Safety End Treatment, With Pipe Runners, Complete in Place 1. Include cost of: a. Relocate existing pipe structures b. Furnish materials for pipe bedding and backfill c. Install materials d. Other appurtenant and incidental work 2. Measurement for payment: Measure in each (ea) Project No.052511256.0007 01100 — Page 7 of 18 December 10, 2002 SUMMARY OF WORK CITY OF PEARLAND Miscellaneous Road Improvement Projects — Group 2 W. Bid Item No. 23: Relocate Existing 30-Inch — 6:1 Safety End Treatment, Complete in Place 1. Include cost of: a. Relocate existing pipe structures b. Furnish materials for pipe bedding and backfill c. Install materials d. Other appurtenant and incidental work 2. Measurement for payment: Measure in each (ea) X. Bid Item No. 24: Concrete Headwall for 24-Inch Reinforced Concrete Pipe Culvert, Complete in Place 1. Include cost of: a. Furnish material b. Install material c. Other appurtenant and incidental work 2. Measurement for payment: Measure in each (ea) Y. Bid Item No. 25: Concrete Collar for 18-Inch Reinforced Concrete Pipe Culvert, Complete in Place 1. Include cost of: a. Furnish material b. Install material c. Other appurtenant and incidental work 2. Measurement for payment: Measure in each (ea) Z Bid Item No. 26: Concrete Collar for 30-Inch Reinforced Concrete Pipe Culvert, Complete in Place 1. Include cost of: Project No.052511256.0007 December 10, 2002 a. Furnish material 01100 — Page 8 of 18 SUMMARY OF WORK CITY OF PEARLAND Miscellaneous Road Improvement Projects — Group 2 b. Install material c. Other appurtenant and incidental work 2. Measurement for payment: Measure in each (ea) AA. Bid Item No. 27: Concrete Collar for 36-Inch Reinforced Concrete Pipe Culvert, Complete in Place 1. Include cost of: a. Furnish material b. Install material c. Other appurtenant and incidental work 2. Measurement for payment: Measure in each (ea) BB. Bid Item No. 28: Concrete Collar for 48 Inch Reinforced Concrete Pipe Culvert, Complete in Place 1. Include cost of: a. Furnish material b. Install material c. Other appurtenant and incidental work 2. Measurement for payment: Measure in each (ea) CC. Bid Item No. 29: Broken Concrete Riprap 6-Inch Thick, Complete in Place 1. Include cost of: a. Furnish material Install material c. Other appurtenant and incidental work 2. Measurement for payment. Measure in square yard (sy) Project No.052511256.0007 December 10, 2002 01100 — Page 9 of 18 SUMMARY OF WORK CITY OF PEARLAND Miscellaneous Road Improvement Projects — Group 2 DD. Bid Item No. 30: Regrade Existing Roadside Ditches to Lines and Grades as Shown on Plan, Complete in Place 1. Include cost of: a. Regrade existing ditches to lines and grades b. Other appurtenant and incidental work 2. Measurement for payment: Measure in linear foot Of) EE Bid Item No. 31: 4-Inch Concrete Slope Paving, Complete in Place 1. Include cost of: a. Furnish material b. Install material c. Other appurtenant and incidental work 2. Measurement for payment. Measure for square yard (sy) FF. Bid Item No. 32: 6-Inch Compacted Cement Stabilized Sand (2.0 Sacks), Complete in Place 1. Include cost of: a. Furnish cement stabilized sand b. Placement of cement stabilized sand c. Compaction of cement stabilized sand d. Other appurtenant and incidental work 2. Measurement for payment: Measure in square yard (sy) GG. Bid Item No. 33: 12-Inch Hot -Mix Asphaltic Concrete (Black Base), Complete in Place 1. Include cost of: a. Furnish Hot -Mix asphaltic concrete (black base) materials b. Placement of Hot -Mix asphaltic concrete (black base) materials c. Compact Hot -Mix asphaltic concrete (black base) materials d. Other appurtenant and incidental work 2. Measurement for payment: Measure in ton Project No.052511256.0007 01100 — Page 10 of 18 December10,2002 SUMMARY OF WORK CITY OF PEARLAND Miscellaneous Road Improvement Projects — Group 2 HH. Bid Item No. 34: 2-Inch Thick Hot -Mix Asphaltic Concrete Surface Treatment, Complete in Place 1. Include cost of: a. Furnish materials b. Place materials c. Compact materials d. Adjust utility castings to final grade of pavement e. Other appurtenant and incidental work 2. Measurement for payment: Measure in ton II. Bid Item No. 35: Temporary 8-Inch Thick Type "C" HMAC Pavement for Detour, Complete in Place 1. Include cost of: a. c. Furnish materials Place materials Compact materials d. Adjust utility casting to final grade of pavement e. Other appurtenant and incidental work 2. Measurement for payment: Measure in square yard (sy) JJ. Bid Item No. 36: Metal Beam Guardrail Fence, Complete in Place 1. Include cost of: a. Furnish metal beam guardrail fence b. Install metal beam guardrail fence c. Other appurtenant and incidental work 2. Measurement for payment: Measure in linear foot (If) Project No.052511256.0007 December 10, 2002 01100 —Page 11 of 18 SUMMARY OF WORK CITY OF PEARLAND Miscellaneous Road Improvement Projects — Group 2 KK Bid Item No. 37: Terminal Anchor System, Complete in Place 1. Include cost of: a. Furnish system b. Install system c. Other appurtenant and incidental work 2. Measurement for payment: Measure in each (ea) LL Bid Item No. 38: Traffic Signal System Upgrade at Cullen/Hughes Ranch and Cullen/Brookside Intersections, Complete in Place 1. Include cost of: a. Provide traffic signal upgrade plan b. Install system c. Provide flagmen and traffic control officers as required d. Other appurtenant and incidental work 2. Measurement for payment Measure in lump sum (ls) MM Bid Item No. 39: Reflective Pavement Markings (4-Inch Solid or Broken, Yellow or White), Removable, Complete in Place 1. Include cost of: a. Furnish materials b. Install materials c. Other appurtenant and incidental work 2. Measurement for payment: Measure in linear foot Of) NN. Bid Item No. 40: Thermoplastic Pavement Markings (4-Inch Solid or Broken, Yellow or White), Complete in Place 1. Include cost of: a. Furnish materials b. Install materials c. Other appurtenant and incidental work 2. Measurement for payment: Measure in linear foot (1f) Project No.052511256.0007 01100 — Page 12 of 18 December 10, 2002 SUMMARY OF WORK CITY OF PEARLAND Miscellaneous Road Improvement Projects — Group 2 00. Bid Item No. 41: Thermoplastic Pavement Markings (8-Inch Solid White Line), Complete in Place 1. Include cost of: a. Furnish materials b. Install materials c. Other appurtenant and incidental work 2. Measurement for payment: Measure in linear foot (lf) PP. Bid Item No. 42: Thermoplastic Pavement Markings (12-Inch Solid Yellow), Complete in Place 1. Include cost of: a. Furnish materials b. Install materials c. Other appurtenant and incidental work 2. Measurement for payment: Measure in linear foot (lf) Bid Item No. 43: Thermoplastic Pavement Markings (24-Inch Solid White Stop Line), Complete in Place 1. Include cost of: a. Furnish materials b. Install materials c. Other appurtenant and incidental work 2. Measurement for payment: Measure in linear foot (11) RR. Bid Item No. 44: Thermoplastic Pavement Markings (Direction Arrows), Complete in Place 1. Include cost of: a. Furnish materials b. Install materials c. Other appurtenant and incidental work �.. Measurement for payment: Measure in each (ea) QQ. Project No.052511256.0007 December 10, 2002 01100 —Page 13 of 18 SUMMARY OF WORK CITY OF PEARLAND Miscellaneous Road Improvement Projects — Group 2 SS. Bid Item No. 45: Thermoplastic Pavement Markings (Only), Complete in Place 1. Include cost of: a. Furnish materials b. Install materials c. Other appurtenant and incidental work 2. Measurement for payment: Measure in each (ea) TT. Bid Item No. 46: Traffic Paint .Striping for 4-Inch Line Pavement Markings, Complete in Place 1. Include cost of: a. Furnish materials b. Install materials c. Other appurtenant and incidental work 2. Measurement for payment: Measure in linear foot Of) UU. Bid Item No. 47: Traffic Paint Striping for 8-Inch Line Pavement Markings, Complete in Place 1. Include cost of: Furnish materials Install materials c. Other appurtenant and incidental work 2. Measurement for payment. Measure in linear foot (If) VV. Bid Item No. 48: Traffic Paint Striping for 24-Inch Line Pavement Markings, Complete in Place 1. Include cost of: a. Furnish materials b. Install materials c. Other appurtenant and incidental work 2. Measurement for payment: Measure in linear foot (1f) Project No.052511256.0007 December 10, 2002 01100 — Page 14 of 18 SUMMARY OF WORK CITY OF PEARLAND Miscellaneous Road Improvement Projects — Group 2 WW. Bid Item No. 49: Traffic Paint for (Direction Arrows), Complete in Place 1. Include cost of: a. Furnish materials b. Install materials c. Other appurtenant and incidental work 2. Measurement for payment: Measure in each (ea) XX Bid Item No. 50: Traffic Paint for Pavement Markings (Only), Complete in Place 1. Include cost of: a. Furnish materials b. Install materials c. Other appurtenant and incidental work 2. Measurement for payment: Measure in each (ea) YY. Bid Item No. 51: Raised Reflective Pavement Marker Type II A -A (2-Way), Complete in Place 1. Include cost of: a. Furnish materials b. Install materials c. Other appurtenant and incidental work 2. Measurement for payment: Measure in each (ea) ZZ. Bid Item No. 52: Raised Reflective Pavement Marker Type I C (1-Way), White, Complete in Place 1. Include cost of: a. Furnish materials b. Install materials c. Other appurtenant and incidental work 2. Measurement for payment: Measure in each (ea) Project No.052511256.0007 December 10, 2002 01100 — Page 15 of 18 SUMMARY OF WORK CITY OF PEARLAND Miscellaneous Road Improvement Projects — Group 2 AAA. Bid Item No. 53: 4-Inch Round Ceramic Traffic Buttons (White or Yellow), Complete in Place 1. Include cost of: a. Furnish materials b. Install materials c. Other appurtenant and incidental work 2. Measurement for payment: Measure in each (ea) BBB. Bid Item No. 54: Filter Fabric Fence, Complete in Place 1. Include cost of: a. Furnish materials b. Install materials c. Maintain d. Other appurtenant and incidental work 2. Measurement for payment: Measure in linear foot (1f) CCC. Bid Item No. 55: Filter Fabric Fence, Complete in Place 1. Include cost of: a. Furnish materials b. Install materials c. Maintain d. Other appurtenant and incidental work 2. Measurement for payment: Measure in linear foot (11) DDD. Bid Item No. 56: Hydromulch Seeding, Complete in Place 1. Include cost of: Furnish materials Install materials Project No.052511256.0007 December 10, 2002 01100 — Page 16 of 18 SUMMARY OF WORK CITY OF PEARLAND Miscellaneous Road Improvement Projects — Group 2 c. Irrigate d. Other appurtenant and incidental work 2. Measurement for payment: Measure in acre 1.05 WORK BY OWNER A. Items noted as Not in Contract (NIC), or By Others will be furnished and installed by OWNER. B. OWNER will remove and retain possession of the following items prior to start of work None. 1.06 OWNER -FURNISHED PRODUCTS A. Products purchased and paid for by OWNER: None B. Items Furnished by OWNER for Installation and Final Connection by CONTRACTOR: None C. CONTRACTOR'S Responsibilities: 1. Arrange and pay for product delivery to site. 2. Receive and unload products at site; jointly with ENGINEER, inspect for completeness or damage. 3. Handle, store, install, and finish products. 4. Repair or replace damaged items. 1.07 CONSTRUCTION PHOTOGRAPHS Submit preconstruction (and post construction) photographs in accordance with Section 01380. 1.08 WORK SEQUENCE Coordination of the Work Refer to Section 01040 — Coordination and Meetings, and Section 01300 — Submittals (Construction Schedule). 1.09 CONTRACTOR USE OF PREMISES A. Comply with procedures for access to the site and CONTRACTOR's use of rights -of - way as specified in Section 01140 — CONTRACTOR's Use of Premises. B. Utility Outages and Shutdown: [Specify notification procedures to OWNER and separate CONTRACTORS ] Project No.052511256,0007 December 10, 2002 01100 --Page 17 of 18 SUMMARY OF WORK CITY OF PEARLAND Miscellaneous Road Improvement Projects — Group 2 1.10 OWNER OCCUPANCY A. Cooperate with the OWNER to minimize conflict, and to facilitate the OWNER's operations. Coordinate CONTRACTOR'S activities with ENGINEER. B. Schedule Work to accommodate this requirement. 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION (NOT USED) Project No.052511256.0007 December 10, 2002 END OF SECTION 01100 —Page 18 of 18 SUMMARY OF WORK CITY OF PEARLAND 1.0 GENERAL CONTRACTOR USE OF PREMISES SECTION 01140 CONTRACTOR USE OF PREMISES 1.01 SECTION INCLUDES Section includes general use of the site including properties inside and outside of rights -of - way, work affecting road, ramps streets and driveways and notification to adjacent occupants. 1.02 RIGHTS -OF -WAY A. Confine access and operations and storage areas to rights -of -way provided by OWNER as stipulated in Document 00700 — General Conditions; trespassing on abutting lands or other lands in the area is not allowed. B. CONTRACTOR may make arrangements, at CONTRACTOR'S cost, for temporary use of private properties, in which case CONTRACTOR and CONTRACTOR'S surety shall indemnify and hold harmless the OWNER against claims or demands arising from such use of properties outside of rights -of -way. C. Restrict total length which materials may be distributed along the route of the construction at any one time to 1,000 linear feet unless otherwise approved by ENGINEER. 1.03 PROPERTIES OUTSIDE OF RIGHTS -OF -WAY A. Altering the condition of properties adjacent to and along rights -of -way will not be permitted unless authorized by the ENGINEER and property OWNER(S). B. Means, methods, techniques, sequences, or procedures that will result in damage to properties or improvements in the vicinity outside of rights -of -way will not be permitted. C. Any damage to properties outside of rights -of -ways shall be repaired or replaced to the satisfaction of the ENGINEER and at no cost to the OWNER. 1.04 USE OF SITE A. Obtain approvals of governing authorities prior to impeding or closing public roads or streets. Do not close more than one consecutive intersection at one time. B. Notify ENGINEER 48 hours prior to closing a street or a street crossing. Permits for street closures are required in advance and are the responsibility of the CONTRACTOR. C. Maintain access for emergency vehicles including access to fire hydrants. 01140-1 04/00 CITY OF PEARLAND CONTRACTOR USE OF PREMISES D. Avoid obstructing drainage ditches or inlets; when obstruction is unavoidable due to requirements of the Work, provide grading and temporary drainage structures to maintain unimpeded flow. E. Locate and protect private lawn sprinkler systems which may exist on rights -of -ways within the site. Repair or replace damaged systems to condition equal to or better than that existing at start of Work. F. Perform daily cleanup of dirt outside the construction zone, and debris scrap materials and other disposable items. Keep streets, driveways, and sidewalks clean of dirt, debris and scrap materials. Do not leave buildings, roads, streets or other construction areas unclean overnight. 1.05 NOTIFICATION TO ADJACENT OCCUPANTS A. Notify individual occupants in areas to be affected by the Work of the proposed construction and time schedule. Notification shall be 24 hours, 72 hours and 2 weeks prior to work being performed within 200 feet of the homes or businesses. B. Include in notification names and telephone numbers of two company representatives for resident contact who will be available on 24-hour call. Include precautions that will be taken to protect private property and identify potential access or utility inconvenience or disruption C. Submit proposed notification to ENGINEER for approval. Consideration shall be given to the ethnicity of the neighborhood where English is not the dominant language. Notice shall be in an understandable language. 1.06 PUBLIC, TEMPORARY, AND CONSTRUCTION ROADS AND RAMPS A. Construct and maintain temporary detours ramps, and roads to provide for normal public traffic flow when use of public roads or streets is closed by necessities of the Work. B. Provide mats or other means to prevent overloading or damage to existing roadways from tracked equipment or exceptionally large or heavy trucks or equipment. C. Construct and maintain access roads and parking areas as specified in Section 01500 — Temporary Facilities and Controls. 1.07 EXCAVATION IN STREETS AND DRIVEWAYS A. Avoid hindering or needlessly inconveniencing public travel on a street or any intersecting alley or street for more than two blocks at any one time, except by permission of the ENGINEER. B. Obtain the ENGINEER's approval when the nature of the Work requires closing of an entire street. Permits required for street closure are the CONTRACTOR'S responsibility. Avoid unnecessary inconvenience to abutting property OWNERS. C. Remove surplus materials and debris and open 1,000 feet or less for public use as work in that block is complete. 04/00 01140 - 2 CITY OF PEARLAND CONTRACTOR USE OF PREMISES D. Acceptance of any portion of the Work will not be based on return of street to public use. E Avoid obstructing driveways or entrances to private property. F. Provide temporary crossing or complete the excavation and backfill in one continuous operation to minimize the duration of obstruction when excavation is required across drives or entrances. G. Provide barricades and signs in accordance with Section VI of the State of Texas Manual on Uniform Traffic Control Devices. 1.08 TRAFFIC CONTROL Comply with traffic regulation as specified in Section 01555 - Traffic Control and Regulation 1.09 SURFACE RESTORATION A. Restore site to condition existing before construction to satisfaction of ENGINEER B. Repair paved area per the requirements of Section 02980 - Pavement Repair and Resurfacing. C. Repair turf areas which become damaged level with bank run sand conforming to Section 02318 - Excavation and Backfill for Utilities, or topsoil conforming to Section 02910 - Topsoil, as approved by the ENGINEER and resod in accordance with Section 02922 - Sodding. Water and level newly sodded areas with adjoining turf using steel wheel rollers appropriate for sodding. Do not use spot sodding or sprigging. 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION (NOT USED) END OF SECTION 04/00 01140 - 3 CITY OF PEARLAND MEASUREMENT AND PAYMENT SECTION 01200 MEASUREMENT AND PAYMENT 1.0 GENERAL 1.01 SECTION INCLUDES Procedures for measurement and payment plus conditions for nonconformance assessment and nonpayment for rejected products. 1.02 AUTHORITY A. Measurement methods delineated in Specification sections are intended to complement the criteria of this section. In the event of conflict, the requirements of the Specification section shall govern. B. Measurements and quantities submitted by the CONTRACTOR will be verified by the ENGINEER. C. CONTRACTOR shall provide necessary equipment, workers, and survey personnel as required by ENGINEER to verify quantities. 1.03 UNIT QUANTITIES SPECIFIED A. Quantity and measurement estimates stated in the Agreement are for contract purposes only. Quantities and measurements supplied or placed in the Work authorized and verified by ENGINEER shall determine payment as stated in the General Conditions. B. If the actual Work requires greater or lesser quantities than those quantities indicated in the Bid Form provide the required quantities at the unit prices contracted, except as otherwise stated in the General Conditions or in executed Change Order. 1.04 MEASUREMENT OF QUANTITIES A. Measurement by Weight: Reinforcing steel, rolled or formed steel or other metal shapes will be measured by CRSI or AISC Manual of Steel Construction weights. Welded assemblies will be measured by CRSI or AISC Manual of Steel Construction or scale weights. B. Measurement by Volume: 1. Stockpiles Measured by cubic dimension using mean length, width, and height or thickness. 2. Excavation and Embankment Materials: Measured by cubic dimension using the average end area method C. Measurement by Area: Measured by square dimension using mean length and width or radius. 01200 - 1 04/00 CITY OF PEARLAND MEASUREMENT AND PAYMENT D. Linear Measurement: Measured by linear dimension, at the item centerline or mean chord. E. Stipulated Price Measurement By unit designated in the agreement. F Other Items measured by weight, volume, area, or lineal means or combination, as appropriate, as a completed item or unit of the Work. 1.05 PAYMENT A. Payment Includes: Full compensation for all required supervision, labor, products, tools, equipment, plant transportation, services, and incidentals; and erection, application or installation of an item of the Work; and CONTRACTOR'S overhead and profit B. Total compensation for required Unit Price Work shall be included in Unit Price bid in Bid schedule Claims for payment as Unit Price Work, but not specifically covered in the list of unit prices contained in Bid Schedule, will not be accepted. C. Progress payments will be based on the ENGINEER'S observations and evaluations of quantities incorporated in the Work multiplied by the unit price. D. Final payment for Work governed by unit prices will be made on the basis of the actual measurements and quantities determined by ENGINEER multiplied by the unit price for Work which is incorporated in or made necessary by the Work. 1.06 NONCONFORMANCE ASSESSMENT A. Remove and replace the Work, or portions of the Work, not conforming to the Contract Documents. B. If, in the opinion of ENGINEER, it is not practical to remove and replace the Work, the ENGINEER will direct one of the following remedies: 1. The nonconforming Work will remain as is, but the unit price will be adjusted to a lower price at the discretion of ENGINEER. 2. The nonconforming Work will be modified as authorized by the ENGINEER, and the unit price will be adjusted to a lower price at the discretion of ENGINEER if the modified work is deemed to be less suitable than originally specified. C. Specification sections may modify these options or may identify a specific formula or percentage price reduction. D. The authority of ENGINEER to assess the nonconforming work and identify payment adjustment is final. 01200 - 2 04/00 CITY OF PEARLAND MEASUREMENT AND PAYMENT 1.07 NONPAYMENT FOR REJECTED PRODUCTS A. Payment will not be made for any of the following: 1. Products wasted or disposed of in a manner that is not acceptable to ENGINEER. 2. Products determined as nonconforming before or after placement. 3. Products not completely unloaded from transporting vehicle. 4. Products placed beyond the lines and levels of the required Work. 5. Products remaining on hand after completion of the Work, unless specified otherwise. 6. Loading, hauling, and disposing of rejected products. 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION (NOT USED) END OF SECTION 04/00 01200 - 3 CITY OF PEARLAND 1.0 GENERAL CHANGE ORDER PROCEDURES SECTION 01290 CHANGE ORDER PROCEDURES 1.01 SECTION INCLUDES A. Procedures for processing Change Orders, including: 1. Assignment of a responsible individual for approval and communication of changes in the Work; 2. Documentation of change in Contract Price and Contract Time; 3. Change procedures, using proposals and construction contract modifications, work change directive, stipulated price change order, unit price change order, time and materials change order; 4. Execution of Change Orders; 5. Correlation of CONTRACTOR submittals. 1.02 REFERENCES Rental Rate Blue Book for Construction Equipment (Data Quest Blue Book). Rental Rate is defined as the full unadjusted base rental rate for the appropriate item of construction equipment. 1.03 RESPONSIBLE INDIVIDUAL CONTRACTOR shall provide a letter indicating the name and address of the individual authorized to execute change documents, and who shall also be responsible for informing others in CONTRACTOR'S employ and Subcontractors of changes to the Work. The information shall be provided at the Preconstruction Conference. 1.04 DOCUMENTATION OF CHANGE IN CONTRACT PRICE AND CONTRACT TIME A. CONTRACTOR shall maintain detailed records of changes in the Work. Provide full information required for identification and evaluation of proposed changes, and to substantiate costs of changes in the Work. B. CONTRACTOR shall document each proposal for a change in cost or time with sufficient data to allow evaluation of the proposal. 01290 - 1 04/00 CITY OF PEARLAND CHANGE ORDER PROCEDURES C. Proposals shall include, as a minimum, the following information as applicable: 1. Quantities of items in the original Bid Schedule with additions, reductions, deletions, and substitutions. 2. When Work items were not included in the Bid Schedule, CONTRACTOR shall provide unit prices for the new items, with supporting information as required by the ENGINEER 3. Justification for any change in Contract Time. 4. Additional data upon request. D. For changes in the Work performed on a time -and -material basis, the following additional information may be required: 1. Quantities and description of products and equipment. 2. Taxes, insurance and bonds. 3. Overhead and profit as noted in Document 00800 - Supplementary Conditions. 4. Dates and times work was performed, and by whom. 5. Time records and certified copies of applicable payrolls. 6. Invoices and receipts for products, rented equipment, and subcontracts, similarly documented. E. Rented equipment will be paid to the CONTRACTOR by actual invoice cost for the duration of time required to complete the extra work. If the extra work comprises only a portion of the rental invoice where the equipment would otherwise be on the site, the CONTRACTOR shall compute the hourly equipment rate by dividing the actual monthly invoice by 176. (One day equals 8 hours and one week equals 40 hours.) Operating costs shall not exceed the estimated operating costs given for the item of equipment in the Blue Book F. For changes in the work performed on a time -and -materials basis using CONTRACTOR -owned equipment, compute rates with the Blue Book as follows: 1. Multiply the appropriate Rental Rate by an adjustment factor of 70 percent plus the full rate shown for operating costs. The Rental Rate utilized shall be the lowest cost combination of hourly, daily, weekly or monthly rates. Use 150 percent of the Rental Rate for double shifts (one extra shift per day) and 200 percent of the Rental Rate for more than two shifts per day. No other rate adjustments shall apply. 2. Standby rates shall be 50 percent of the appropriate Rental Rate shown in the Blue Book Operating costs will not be allowed. 01290-2 04/00 CITY OF PEARLAND CHANGE ORDER PROCEDURES 1.05 CHANGE PROCEDURES A. Changes to Contract Price or Contract Time can only be made by issuance of a irective or Change Order. Issuance of a Worwill be fold aliChngezedinDto Change Orders.n acceptance by the All changes ENGINEER of changeswill be in accordance with the requirements of the General Conditions. B. The ENGINEER will advise of minor changes in the Work not involving an adjustment to Contract Price or Contract Time as authorized by the General Conditions by issuing supplemental instructions. C. CONTRACTOR may request clarification of Drawings, Specifications or Contract Documents or other information. Response by the ENGINEER to a Request for Information does not authorize the CONTRACTOR to perform tasks outside the scope of the Work. All changes must be authonzed as described in this section. 1.06 PROPOSALS AND CONTRACT MODIFICATIONS A. The ENGINEER may issue a Request for Proposal, which includes a detailed description of a proposed change with supplementary or revised Drawings and Specifications. The ENGINEER may also request a proposal in the response to a Request for Information. CONTRACTOR will prepare and submit its Proposal within seven (7) days or as specified in the request. B. The CONTRACTOR may propose an unsolicited change by submitting a Proposal to the ENGINEER describing the proposed change and its full effect on the Work with a statement describing the reason for the change and the effect on the Contract Price and Contract Time including full documentation. 1.07 WORK CHANGE DIRECTIVE A. ENGINEER may issue a signed Work Change Directive instructing the CONTRACTOR to proceed with a change in the Work, for subsequent inclusion in a Change Order. B. The document will describe changes in the Work and will designate a method of determining any change in Contract Price or Contract Time. C. CONTRACTOR shall proceed promptly to execute the changes in the Work in accordance with the Work Change Directive. 1.08 STIPULATED PRICE CHANGE ORDER A stipulated price Change Order will be based on an accepted Proposal including the CONTRACTOR'S lump sum price quotation. • 04/00 01290-3 CITY OF PEARLAND CHANGE ORDER PROCEDURES 1.09 UNIT PRICE CHANGE ORDER A. Where Unit Prices for the affected items of Work are included in the Bid Schedule, the unit price Change Order will be based on unit prices as originally bid, subject to provisions of the General Conditions. B. Where unit prices of Work are not pre -determined in the Bid Schedule, Work Change Directive or accepted Proposal will specify the unit prices to be used 1.10 TIME -AND -MATERIAL CHANGE ORDER A. CONTRACTOR shall provide an itemized account and supporting data after completion of' change within time limits indicated for claims in the General Conditions. B. ENGINEER will determine the change allowable in Contract Price and Contract Time as provided in the General Conditions. C. CONTRACTOR shall maintain detailed records of work done on time -and -material basis as specified in paragraph 1.04, Documentation of Change in Contract Price and Contract Time. D. CONTRACTOR shall provide full information required for evaluation of changes, and shall substantiate costs for changes in the Work. 1.11 EXECUTION OF CHANGE DOCUMENTATION ENGINEER will issue Change Orders, Work Change Directives, or accepted Proposals for signatures of parties as described in the General Conditions. 1.12 CORRELATION OF CONTRACTOR SUBMITTALS A. For Stipulated Price Contracts, CONTRACTOR shall promptly revise Schedule of Values and Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Price. For Unit Price Contracts, the next monthly estimate of work after acceptance of a Change Order will be revised to include any new items not previously included and the appropriate unit rates. C. CONTRACTOR shall promptly revise progress schedules to reflect any change in Contract Time, and shall revise schedules to adjust time for other items of work affected by the change, and resubmit for review. D. CONTRACTOR shall promptly enter changes to the on -site and record copies of the Drawings Specifications or Contract Documents as required in Section 01720 - Project Record Documents. 01290 - 4 04/00 CITY OF PEARLAND 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION (NOT USED) 04/00 CHANGE ORDER PROCEDURES END OF SECTION 01290 - 5 CITY OF PEARLAND COORDINATION AND MEETINGS SECTION 01310 COORDINATION AND MEETINGS 1.0 GENERAL 1.01 SECTION INCLUDES Section includes general coordination including preconstruction conference, site mobilization conference, and progress meetings. 1.02 RELATED DOCUMENTS Coordination is required throughout the documents. Refer to all of the Contract Documents and coordinate as necessary. 1.03 ENGINEER AND REPRESENTATIVES The ENGINEER may act directly or through designated representatives as defined in the General Conditions and as identified by name at the preconstruction conference. 1.04 CONTRACTOR COORDINATION A. Coordinate scheduling, submittals, and Work of the various Specifications sections to assure efficient and orderly sequence of installation of interdependent construction elements. B. Coordinate completion and clean up of Work for Substantial Completion and for portions of Work designated for OWNER's partial occupancy. C. Coordinate access to site for correction of nonconforming Work to minimize disruption of OWNER s activities where OWNER is in partial occupancy. 1.05 PRECONSTRUCTION CONFERENCE A. ENGINEER will schedule a preconstruction conference. B. Attendance Required' ENGINEER' s representatives, Consultants, Contractor, and major Subcontractors. C. Agenda: 1. Distribution of Contract Documents 2. Designation of personnel representing the parties in Contract, and the Consultant. 3. Review of insurance 4. Discussion of formats proposed by the Contractor for schedule of values, and construction schedule 01310 - 1 04/00 CITY OF PEARLAND 5. Procedures and processing of shop drawings and other submittals, substitutions, pay estimates or applications for payment, Requests for Information, Request for Proposal Change Orders, and Contract closeout 6. Scheduling of the Work and coordination with other contractors COORDINATION AND MEETINGS 7 Review of Subcontractors 8. Appropriate agenda items listed for Site Mobilization Conference, paragraph 1.06 C, when preconstruction conference and site mobilization conference are combined 9. Procedures for testing 10. Procedures for maintaining record documents 1.06 SITE MOBILIZATION CONFERENCE A. When required by the Contract Documents, ENGINEER will schedule a conference at the Project site prior to Contractor occupancy. B. Attendance Required: ENGINEER representatives, Consultants, Contractor's Superintendent and major Subcontractors. C. Agenda: 1. Use of premises by OWNER and CONTRACTOR 2. Safety and first aid procedures 3. Construction controls provided by OWNER 4. Temporary utilities 5. Survey and layout 6. Security and housekeeping procedures 1.07 PROGRESS MEETINGS A. Project meetings shall be held at Project field office or other location as designated by the ENGINEER. Meeting shall be held at monthly intervals, or more frequent intervals if directed by ENGINEER. B. Attendance Required: Job superintendent, major Subcontractors and suppliers, ENGINEER representatives, and Consultants as appropriate to agenda topics for each meeting. C. ENGINEER or his representative will make arrangements for meetings, and recording minutes. D. ENGINEER or his representative will prepare the agenda and preside at meetings. 01310 -2 04/00 CITY OF PEARLAND E. CONTRACTOR shall provide required information and be prepared to discuss each agenda item COORDINATION AND MEETINGS F. Agenda: 1. Review minutes of previous meetings 2. Review of Work progress schedule submittal, and pay estimates, payroll and compliance submittals 3. Field observations, problems, and decisions 4. Identification of problems which impede planned progress 5. Review of submittals schedule and status of submittals 6. Review of Request for Information and Request for Proposal status 7. Change order status 8. Review of off -site fabrication and delivery schedules 9. Maintenance of progress schedule 10. Corrective measures to regain projected schedules 11. Planned progress during succeeding work period 12. Coordination of projected progress 13. Maintenance of quality and work standards 14. Effect of proposed changes on progress schedule and coordination 15. Other items relating to Work 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION (NOT USED) END OF SECTION 052511256.0007 04/00 01310 - 3 CITY OF PEARLAND SUBMITTALS SECTION 01350 SUBMITTALS 1.0 GENERAL 1.01 SECTION INCLUDES A. Submittal procedures for: 1. Schedule of Values 2. Construction Schedules 3. Shop Drawings, Product Data, and Samples 4. Operations and Maintenance Data 5. Manufacturer's Certificates 6. Construction Photographs 7. Project Record Documents 8. Design Mixes 1.02 SUBMITTAL PROCEDURES A. Scheduling and Handling 1. Schedule submittals well in advance of the need for the material or equipment for construction Allow time to make delivery of material or equipment after submittal is approved. 2. Develop a submittal schedule that allows sufficient time for initial review, correction, resubmission and final review of all submittals. The ENGINEER will review and return submittals to the CONTRACTOR as expeditiously as possible but the amount of time required for review will vary depending on the complexity and quantity of data submitted. In no case will a submittal schedule be acceptable which allows less than thirty (30) days for initial review by the ENGINEER. This time for review shall in no way be justification for delays or additional compensation to the CONTRACTOR. 3. The ENGINEER's review of submittals covers conformity to the Drawings, Specifications, and dimensions that affect the layout. The CONTRACTOR is responsible for quantity determination. The CONTRACTOR is responsible for any errors, omissions or deviations from the Contract requirements; review of submittals in no way relieves the CONTRACTOR from his obligation to furnish required items according to the Drawings and Specifications. 01350 - 1 04/00 CITY OF PEARLAND SUBMITTALS 4. Submit five (5) copies of documents unless otherwise specified in the following paragraphs or in the Specifications 5. Revise and resubmit submittals as required. Identify all changes made since previous submittal. 6. The CONTRACTOR shall assume the risk for material or equipment that is fabricated or delivered prior to approval. No material or equipment shall be incorporated into the Work or included in periodic progress payments until approval has been obtained in the specified manner. B. Transmittal Form and Numbering 1. Transmit each submittal to the ENGINEER with a transmittal form. 2. Sequentially number each transmittal form beginning with the number 1. Resubmittals shall use the original number with an alphabetic suffix (i.e., 2A for first resubmittal of Submittal 2 or 15C for third resubmittal of Submittal 15). Each submittal shall only contain one type of work, material, or equipment. Mixed submittals will not be accepted. 3. Identify variations from requirements of Contract Documents and identify product or system limitations. 4. For submittal numbering of videotapes, see paragraph 1.10 Video. C. CONTRACTOR'S Certification 1. Each submittal shall contain a statement or stamp signed by the CONTRACTOR, certifying that the items have been reviewed in detail and are correct and in accordance with Contract Documents, except as noted by any requested variance. 1.03 SCHEDULE OF VALUES A. Submit a Schedule of Values at least ten (10) days prior to the first Application for Payment. A Schedule of Values shall be provided for each of the items indicated as Lump Sum (LS) in the Bid Schedule for which the CONTRACTOR requests to receive progress payments. B. Schedule of Values shall be typewritten on 8-1/2" x 11", plain white bond paper Use the Table of Contents of this Project Manual as a format for listing costs of Work by Section C. Round off figures for each listed item to the nearest $100.00 except for the value of one item, if necessary, to make the total price for all items listed in the Schedule of Values equal to the applicable lump sum amount in the Bid Schedule. 01350 - 2 04/00 CITY OF PEARLAND SUBMITTALS D. For Unit Price Contracts, items should include a proportional share of CONTRACTOR'S overhead and profit, such that the total of all items listed in the Schedule of Values equals the Contract amount. For Stipulated Price Contracts mobilization, bonds, and insurance may be listed as separate items in the Schedule of Values. E. For lump sum equipment items where submittal of operations and maintenance data and testing are required, include a separate item for equipment operation and maintenance data submittal valued at 5 percent of the lump sum amount and a separate item for testing and adjusting valued at 5 percent of the lump sum amount. F. Revise the Schedule of Values and resubmit for items affected by Contract Modifications, Change Orders, and Work Change Directives. Submit revised Schedule of Values ten (10) days prior to the first Application for Payment after the changes are approved by the ENGINEER 1.04 CONSTRUCTION SCHEDULES A. Submit Construction Schedules for the Work in accordance with the requirements of this Section. The Construction Schedule Submittal shall be, at minimum, a bar chart, either computer generated or prepared manually and a narrative report. B. During the Pre -construction Meeting, as noted in Section 01040 - Coordination and Meetings, the CONTRACTOR shall provide a sample of the format to be used for the Construction Schedule Submittal. The format is subject to approval by the ENGINEER. Review of the submittal will be provided within seven (7) days of the submittal of the sample. C. Within seven (7) days of the receipt of approval of the CONTRACTOR s format, or fourteen (14) days of the Notice to Proceed whichever is later, the CONTRACTOR shall submit a proposed Construction Schedule for review. The Construction Schedule Submittal shall meet the following requirements: 1. The schedule shall usually include a total of at least twenty (20) but not more than fifty (50) activities Fewer activities may be accepted, if approved by the ENGINEER 2. For projects with work at different physical locations, each location should be indicated separately within the schedule. 3. For projects with multiple crafts or significant subcontractor components, these elements should be indicated separately within the schedule. 4. For projects with multiple types of tasks within the scope, these types of work should be indicated separately within the schedule. 5. For projects with significant major equipment items or materials worth over 25 percent of the Total Contract Price, the schedule shall indicate dates when these items are to be purchased when they are to be delivered, and when installed. 01350-3 04/00 SUBMITTALS CITY OF PEARLAND 6. For projects where operating plants are involved, each period of work which will require the shut down of any process or operation shall be identified in the Schedule and must be agreed to by the ENGINEER prior to starting work in the area. 7. A tabulation of the estimated monthly billings for the work shall be prepared and submitted by the CONTRACTOR with the first schedule submittal This information is not required in the monthly updates, unless significant changes in Work require resubmittal of the schedule for review. The total for each month and a cumulative total will be indicated. These monthly forecasts are only for planning purposes of the ENGINEER. Monthly payments for actual work completed will be made by the ENGINEER in accordance with Document 00700 - General Condition D. The CONTRACTOR must receive approval of the ENGINEER for the Schedule and billing estimate prior to the first monthly Application for Payment. No payment will be made until these are accepted. E. Upon written request from the ENGINEER, the CONTRACTOR shall revise and submit for approval all or any part of the Constniction Schedule to reflect deviations made from the original changed conditions in the Work orplan and schedule F. The CONTRACTOR'S Construction Schedule shall thereafter be updated with the Actual Start and Actual Finish Dates, Percent Complete, and Remaining Duration of each Activity and submitted monthly. The date to be used in updating the monthly Construction Schedule shall be the same Date as is used in the monthly Application for Payment. This monthly update of the schedule shall be required before the monthly Application for Payment will be processed for payment. G. The narrative Schedule Report shall include a description of changes made to the Construction Schedule; Activities Added to the Schedule, Activities Deleted from the Schedule; any other changes made to the Schedule other than the addition of Actual Start Dates and Actual Finish Dates and Remaining Durations. 1.05 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES A. Shop Drawings 1. Submit shop drawings for review as required by the Specifications. 2. CONTRACTOR'S Certification, as described in paragraph 1.02C, shall be placed on each drawing. 3. The drawings shall accurately and distinctly present the following: a. Field and erection dimensions clearly identified as such b. Arrangement and section views 01350 - 4 04/00 CITY OF PEARLAND 04/00 SUBMITTALS c. Relation to adjacent materials or structure including complete information for making connections between work under this Contract and work under other contracts d. Kinds of materials and finishes e. Parts list and descriptions f. Assembly drawings of equipment components and accessories showing their respective positions and relationships to the complete equipment package g. Where necessary for clarity, identify details by reference to drawing sheet and detail numbers, schedule or room numbers as shown on the Contract Drawings. 4. Drawings shall be to scale, and shall be a true representation of the specific equipment or item to be furnished. B. Product Data 1. Submit product data for review as required in Specification sections. 2. CONTRACTOR's Certification, as described in paragraph 1.02C, shall be placed on each data item submitted. 3. Mark each copy to identify applicable products, models, and options to be used in this Project. Supplement manufacturers' standard data to provide information unique to this Project, where required by the Specifications 4. For products specified only by reference standard, give manufacturers, trade name, model or catalog designation and applicable reference standard 5. For products proposed as alternates to "approved" products, as described in Section 01630 - Product Options and Substitutions provide all information required to demonstrate the proposed products meet the level of quality and performance criteria of the ` approved product." C. Samples 1. Submit samples for review as required by the Specifications. 2. CONTRACTOR'S Certification as described in paragraph 1.02C, shall be placed on each sample or a firmly attached sheet of paper 3. Submit the number of samples specified in Specifications; one of which will be retained by the ENGINEER. 4. Reviewed samples that may be used in the Work are identified in Specifications. 01350 - 5 CITY OF PEARLAND SUBMITTALS 1.06 OPERATIONS AND MAINTENANCE DATA A. When specified in Specification sections, submit manufacturers' printed instructions for delivery storage assembly, installation, start-up, operation, adjusting, finishing, and maintenance. B. CONTRACTOR s Certification, as described in paragraph 1.02C, shall be placed on front page of each document. C. Identify conflicts between manufacturers' instructions and Contract Documents. 1.07 MANUFACTURER'S CERTIFICATES A. When specified in Specification sections, submit manufacturers' certificate of compliance for review by ENGINEER. B. CONTRACTOR's Certification, as described in paragraph 1.02C, shall be placed on front page of the certificate. C. Submit supporting reference data, affidavits, and certifications as appropriate. D. Certificates may be recent or previous test results on material or product, but must be acceptable to ENGINEER. 1.08 CONSTRUCTION PHOTOGRAPHS A. When required by Section 01010, submit photographs in accordance with Section 01380 1.09 PROJECT RECORD DOCUMENTS A. Submit Project Record Documents in accordance with Section 01720 - Project Record Documents. 1.10 VIDEO A. Submit television videotapes as required in Section 02732 - Acceptance Testing for Sanitary Sewers. B. Transmittal forms for videotapes shall be numbered sequentially beginning with T01, T02, T03, etc. 1.11 DESIGN MIXES A. When specified in Specifications, submit design mixes for review. B. CONTRACTOR's Certification as described in paragraph 1.02C, shall be placed on front page of each design mix. 01350-6 04/00 CITY OF PEARLAND SUBMITTALS C. Mark each design mix to identify proportions, gradations and additives for each class and type of design mix submitted. Include applicable test results on samples for each mix. D. Maintain a copy of approved design mixes at mixing plant. 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION (NOT USED) END OF SECTION 04/00 01350 - 7 CITY OF PEARLAND SECTION 01420 REFERENCE STANDARDS REFERENCE STANDARDS 1.0 GENERAL 1.01 SECTION INCLUDES A. Section includes general quality assurance as related to Reference Standards and a list of references. 1.02 QUALITY ASSURANCE A. For Products or workmanship specified by association, trade, or Federal Standards, comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes. B. Conform to reference standard by date of issue current on the date as stated in the General Conditions. C. Request clarification from ENGINEER before proceeding should specified reference standards conflict with Contract Documents. 1.03 SCHEDULE OF REFERENCES AASHTO American Association of State Highway and Transportation Officials 444 North Capitol Street, N.W. Washington, DC 20001 ACI American Concrete Institute P.O. Box 19150 Reford Station Detroit, MI 48219-0150 AGC Associated General Contractors of America 1957 E Street, N.W. Washington, DC 20006 AI Asphalt Institute Asphalt Institute Building College Park, MD 20740 AITC American Institute of Timber Construction 333 W. Hampden Avenue Englewood, CO 80110 01420 - 1 04/00 CITY OF PEARLAND REFERENCE STANDARDS AISC American Institute of Steel Construction 400 North Michigan Avenue, Eighth Floor Chicago, IL 60611 AISI American Iron and Steel Institute 1000 16th Street, N.W. Washington, DC 20036 ASME American Society of Mechanical Engineers 345 East 47th Street New York, NY 10017 ANSI American National Standards Institute 1430 Broadway New York, NY 10018 APA American Plywood Association Box 11700 Tacoma, WA 98411 API American Petroleum Institute 1220 L Street, N.W. Washington, DC 20005 AREA American Railway Engineering Association 50 F Street, N.W. Washington, DC 20001 ASTM American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103 AWPA American Wood -Preservers Association 7735 Old Georgetown Road Bethesda, MD 20014 AWS American Welding Society P.O. Box 35104 Miami, FL 33135 AWWA American Water Works Association 6666 West Quincy Avenue Denver, CO 80235 CLFMI Chain Link Fence Manufacturers Institute 1101 Connecticut Avenue, N.W. Washington, DC 20036 04/00 01420 - 2 CITY OF PEARLAND 04/00 REFERENCE STANDARDS CRD U.S. Army Corps of Engineers CRSI Concrete Reinforcing Steel Institute 933 Plum Grove Road Schaumburg, IL 60173-4758 EJMA Expansion Joint Manufacturers Association 707 Westchester Avenue White Plains, NY 10604 FS Federal Standardization Documents General Services Administration, Specifications Unit (WFSIS) 7th and D Streets, S W. Washington, DC 20406 ICEA Insulated Cable Engineer Association P.O. Box 440 S. Yarmouth, MA 02664 TREE Institute of Electrical and Electronics Engineers 445 Hoes Lane P.O. Box 1331 Piscataway, NJ 0855-1331 MIL Military Specifications General Services Administration, Specifications Unit (WFSIS) 7th and D Streets, S.W Washington, DC 20406 NACE National Association of Corrosion Engineers P. O. Box 986 Katy , TX 77450 NEMA National Electrical Manufacturers' Association 2101 L Street, N.W., Suite 300 Washington, DC 20037 NFPA National Fire Protection Association Batterymarch Park, P O. Box 9101 Quincy, MA 02269-9101 OSHA Occupational Safety Health Administration U.S. Department of Labor, Government Printing Office Washington, DC 20402 PCA Portland Cement Association 5420 Old Orchard Road Skokie, IL 60077-1083 01420-3 CITY OF PEARLAND PCI REFERENCE STANDARDS Prestressed Concrete Institute 201 North Wacker Drive Chicago, IL 60606 SDI Steel Deck Institute Box 9506 Canton, OH 44711 SSPC Steel Structures Painting Council 4400 Fifth Avenue Pittsburgh, PA 15213 TAC Texas Administrative Code TNRCC Texas Natural Resource Conservation Commission P. O. Box 13087 Austin, TX 78711-3087 TxDOT Texas Department of Transportation l lth and Brazos Austin, TX 78701 2483 UL Underwriters' Laboratories, Inc. 333 Pfingston Road Northbrook, IL 60062 UNI-BELL UNI-BELL Pipe Association 2655 Villa Creek Drive, Suite 155 Dallas, TX 75234 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION (NOT USED) END OF SECTION 04/00 01420 - 4 CITY OF PEARLAND CONTRACTOR'S QUALITY CONTROL SECTION 01430 CONTRACTOR'S QUALITY CONTROL 1.0 GENERAL 1.01 SECTION INCLUDES Quality assurance and control of installation and manufacturer's field services and reports. 1.02 QUALITY ASSURANCE/CONTROL OF INSTALLATION A. Monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce Work of specified quality at no additional cost to the City. B. Comply fully with manufacturers' installation instructions, including each step in sequence. C. Request clarification from City Engineer before proceeding should manufacturers' instructions conflict with Contract Documents. D. Comply with specified standards as minimum requirements for the Work except when more stringent tolerances codes, or specified requirements indicate higher standards or more precise workmanship. E Perform work by persons qualified to produce the specified level of workmanship. 1.03 REFERENCES A. Obtain copies of standards and maintain at job site when required by individual Specification sections 1.04 MANUFACTURERS' FIELD SERVICES AND REPORTS A. When specified in individual Specification sections, provide material or product suppliers' or manufacturers' technical representative to observe site conditions, conditions of surfaces and installation, quality of workmanship, start-up of equipment, operator training, test, adjust, and balance of equipment as applicable, and to initiate operation as required. Conform to minimum time requirements for start- up operations and operator training if defined in Specification sections. B. At the City Engineer's request, submit qualifications of manufacturer's representative to City Engineer fifteen (15) days in advance of required representative's services The representative shall be subject to approval of City Engineer. C. Manufacturer's representative shall report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers' written instructions. Submit report within fourteen (14) days of observation to City Engineer for review. 01430 - 1 04/00 CITY OF PEARLAND 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION (NOT USED) 04/00 CONTRACTOR'S QUALITY CONTROL END OF SECTION 01430 - 2 CITY OF PEARLAND INSPECTION SERVICES SECTION 01440 INSPECTION SERVICES 1.0 GENERAL 1.01 SECTION INCLUDES Inspection services and references 1.02 INSPECTION A. City Engineer will appoint an Inspector as a representative of the City to perform inspections, tests and other services specified in individual specification Sections B. Alternately City Engineer may appoint, employ, and pay an independent firm to provide additional inspection or construction management services as indicated in Section 01450 - Testing Laboratory Services. C. Reports will be submitted by the independent firm to City Engineer, Architect/ENGINEER and Contractor, indicating observations and results of tests and indicating compliance or non-compliance with Contract Documents D. Contractor shall assist and cooperate with the Inspector; furnish samples of materials, design mix, equipment, tools, and storage. E. Contractor shall notify City Engineer 24 hours prior to expected time for operations requiring services. Notify Architect/ENGINEER and independent firm when noted. F. Contractor shall sign and acknowledge report for Inspector. 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION (NOT USED) END OF SECTION 04/00 01440 - 1 CITY OF PEARLAND TESTING LABORATORY SERVICES SECTION 01450 TESTING LABORATORY SERVICES 1.0 GENERAL 1.01 SECTION INCLUDES Testing Laboratory Services and CONTRACTOR responsibilities related to those services. 1.02 REFERENCES A. ASTM D3740 - Practice for Evaluation of Agencies Engaged in Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction. B. ASTM E329 - Recommended Practice for Inspection and Testing Agencies for Concrete, Steel, and Bituminous Materials as Used in Construction. 1.03 SELECTION AND PAYMENT A. OWNER will employ and pay for services of an independent testing laboratory to perform inspection and testing identified in individual Specification sections. B. Employment of testing laboratory shall not relieve CONTRACTOR of obligation to perform work in accordance with requirements of Contract Documents. C. CONTRACTOR shall schedule and monitor testing as required to provide timely results and to avoid delay to the Work. 1.04 LABORATORY REPORTS The ENGINEER will receive one (1) copy, City Engineer will receive two (2) copies, and the CONTRACTOR will receive two (2) copies of laboratory reports from the testing laboratory. One (1) of the CONTRACTOR'S copies shall remain at site field office for duration of project Test results which indicate non-conformance shall be transmitted immediately via fax from the testing laboratory to the CONTRACTOR and City Engineer 1.05 LIMITS ON TESTING LABORATORY AUTHORITY A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B. Laboratory may not approve or accept any portion of the Work. C. Laboratory may not assume any duties of CONTRACTOR. D. Laboratory has no authority to stop the Work. 01450 - 1 04/00 CITY OF PEARLAND TESTING LABORATORY SERVICES 1.06 CONTRACTOR RESPONSIBILITIES A. Notify City Engineer, and laboratory 24 hours prior to expected time for operations requiring inspection and testing services. Notify Architect/ENGINEER if specification section requires the presence of the Architect/ENGINEER. B. Cooperate with laboratory personnel in collecting samples to be tested or collected on site. C. Provide access to the Work and to manufacturer's facilities. D. Provide samples to laboratory in advance of their intended use to allow thorough examination and testing E. Provide incidental labor and facilities for access to the Work to be tested; to obtain and handle samples at the site or at source of products to be tested; and to facilitate tests and inspections including storage and curing of test samples F. Arrange with laboratory and pay for: 1. Retesting required for failed tests. 2. Retesting for nonconforming Work. 3. Additional sampling and tests requested by CONTRACTOR for his own purposes. 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION 3.01 CONDUCTING TESTING Laboratory sampling and testing shall conform to ASTM D3740 and ASTM E329, plus other test standards specified in individual Specification sections. END OF SECTION 04/00 01450-2 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS SECTION 01500 TEMPORARY FACILITIES AND CONTROLS 1.0 GENERAL 1.01 SECTION INCLUDES Temporary facilities and the necessary controls for the project including utilities, telephone, sanitary facilities, field office, storage sheds and building, safety requirements, first aid equipment, fire protection, security measures, protection of the Work and property access roads and parking, environmental controls, disposal of trash debris, and excavated material, pest and rodent control, water runoff and erosion control. 1.02 CONTRACTOR'S RESPONSIBILITY A. The facilities and controls specified in this section are considered minimum for the Project. The CONTRACTOR may provide additional facilities and controls for the proper execution of the Work and to meet CONTRACTOR' s responsibilities for protection of persons and property B. Comply with applicable requirements specified in other sections of the Specifications. 1. Maintain and operate temporary facilities and systems to assure continuous service. 2. Modify and extend systems as Work progress requires. 3. Completely remove temporary materials and equipment when their use is no longer required. 4. Restore existing facilities used for temporary services to specified or to original condition. 1.03 TEMPORARY UTILITIES A. Obtaining Temporary Service. 1. Make arrangements with utility service companies for temporary services. 2. Abide by rules and regulations of the utility service companies or authorities having jurisdiction 3. Be responsible for utility service costs until the Work is substantially complete. Included are fuel, power, light heat, and other utility services necessary for execution, completion, testing, and initial operation of the Work. • 04/00 01500 - 1 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS Water 1. Provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices or for other use as required for proper completion of the Work. 2. For water to be drawn from public fire hydrants, obtain special permit or license and meter from the proper City officials. A deposit based on rates established by latest ordinance will be required. Install backflow preventor on fire hydrant supply. 3. Provide and maintain an adequate supply of potable water for domestic consumption by CONTRACTOR personnel. C. Electricity and Lighting 1. Provide electric power service as required for the Work including testing of Work. Provide power for lighting, operation of the CONTRACTOR' S equipment, or for any other use by CONTRACTOR. 2. Electric power service includes temporary power service or generator to maintain plant operations during any scheduled shutdown. 3. Minimum lighting level shall be 5 foot-candles for open areas; 10-foot- candles for stairs and shops. D. Temporary Heat and Ventilation 1. Provide temporary heat as necessary for protection or completion of the Work. 2. Provide temporary heat and ventilation to assure safe working conditions; maintain enclosed areas at a minimum of 50° F. E Telephone Provide emergency telephone service at the CONTRACTOR's field office, or by mobile telephone, for use by CONTRACTOR personnel and others performing work or furnishing services at the site. F. Sanitary Facilities 1. To provide and maintain sanitary facilities for persons on the job site, comply with the regulations of State and local departments of health. 2. Enforce the use of sanitary facilities by construction personnel at the job site. Such facilities shall be enclosed. Pit -type toilets will not be permitted. No discharge will be allowed from these facilities. Collect and store sewage and 01500-2 04/00 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS waste so as not to cause a nuisance or health problem; have sewage and waste hauled off -site and properly disposed in accordance with local regulations. 3. Locate toilets near the Work site and secluded from view insofar as possible. Keep toilets clean and supplied throughout the course of the Work. 1.04 FIELD OFFICE Provision of a field office is not required unless stated otherwise in the Contract Documents. If the CONTRACTOR chooses to provide one, locate it in a place approved by the ENGINEER. 1.05 STORAGE OF MATERIALS A. Provide adequately ventilated, watertight storage facilities with floor above ground level for materials and equipment susceptible to weather damage B. Storage of materials not susceptible to weather damage may be on blocks off the ground. C. Store materials in a neat and orderly manner. Place materials and equipment to permit easy access for identification, inspection and inventory. 1.06 SAFETY REQUIREMENTS A. Submit and follow a safety program in accordance with Document 00700 - General Conditions Paragraph 10.1 Include in the safety program documented response to trench safety requirements as specified in Section 01570 - Trench Safety System. B. Conduct operations in strict accord with applicable Federal, State and local safety codes and statutes and with good construction practice The CONTRACTOR is fully responsible and obligated to establish and maintain procedures for safety of all work, personnel and equipment involved in the Project. C. Observe and comply with Texas Occupational Safety Act (Art 5182a, V.C.S.) and with all safety and health standards promulgated by Secretary of Labor under Section 107 of Contract Work Hours and Standards Act, published in 29 CFR Part 1926 and adopted by Secretary of Labor as occupational safety and health standards under the Williams -Steiger Occupational Safety and Health Act of 1970, and to any other legislation enacted for safety and health of CONTRACTOR employees. Such safety and health standards apply to subcontractors and their employees as well as to the CONTRACTOR and its employees. Observance of and compliance with the regulations shall be solely and without qualification the responsibility of the CONTRACTOR without reliance or superintendence of or direction by the ENGINEER or the ENGINEER's representative. Immediately advise the Engineer of investigation or inspection by Federal Safety and Health inspectors of the CONTRACTOR or subcontractor's work or place of work on the job site under this Contract, and after such investigation or inspection advise the ENGINEER of the results. Submit one (1) copy of accident reports to ENGINEER within ten (10) days of occurrence. 01500-3 04/00 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS E. Protect areas occupied by workmen using the best available devices for detection of lethal and combustible gases. Test such devices frequently to assure their functional capability. Constantly observe infiltration of liquids into the Work area for visual or odor evidences of contamination, immediate take appropriate steps to seal off entry of contaminated liquids to the Work area. F. Safety measures, including but not limited to safety personnel, first -aid equipment, ventilating equipment and safety equipment, in the specifications and shown on the Drawings are obligations of the CONTRACTOR. G. Maintain required coordination with the local Police and Fire Departments during the entire period covered by the Contract. 1.07 FIRST AID EQUIPMENT A. Provide a first aid kit throughout the construction period List telephone numbers for physicians, hospitals, and ambulance services in each first aid kit. B. Have at least one (1) person thoroughly trained in first aid procedures present on the site whenever Work is in progress. 1.08 FIRE PROTECTION A. Fire Protection Standards. 1. Conform to specified fire protection and prevention requirements as well as those which may be established by Federal, State, or local governmental agencies. 2. Comply with all applicable provisions of NFPA Standard No. 241, Safeguarding Building Construction and Demolition Operations 3. Provide portable fire extinguishers rated not less than 2A or 5B in accordance with NFPA Standard No. 10 Portable Fire Extinguishers, for each temporary building, and for every 3,000 square feet of floor area of facilities under construction. 4. Locate portable fire extinguishers within 50 feet maximum from any point in the Project area. B. Fire Prevention and Safety Measures. 1. Prohibit smoking in hazardous areas. Post suitable warning signs in areas which are continuously or intermittently hazardous. 2. Use metal safety containers for storage and handling of flammable and combustible liquids. 01500 - 4 04/00 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS 3. Do not store flammable or combustible liquids in or near stairways or exits. 4. Maintain clear exits from all points within a structure. 1.09 SECURITY MEASURES A. Protect all Work TRACTOR s duty to protect property includes OWNER's vandalism.ls, equipment, and property from loss, theft, damage, and CON property. B. If existing fencing or barriers are breached or removed for purposes of construction, provide and maintain temporary security fencing equal to existing. 1.10 PROTECTION OF PUBLIC UTILITIES Prevent damage to existing public utilities during construction. These utilities are shown on the Drawings at their approximate locations. Give OWNERS of these utilities at least 48 hours notice before commencing Work in the area, for locating the utilities during construction and for making adjustments or relocation of the utilities when they conflict with the proposed Work. 1.11 PROTECTION OF THE WORK AND PROPERTY A. Preventive Actions. 1. Take precautions, provide programs, and take actions necessary to protect the Work and public and private property from damage. 2. Take action to prevent damage, injury or loss, including, but not limited to, the following: a. Store apparatus, materials, supplies, and equipment in an orderly, safe manner that will not unduly interfere with progress of the Work or the Work of any other CONTRACTOR, any utility service company, or the OWNER' s operations b. Provide suitable storage for materials which are subject to damage by exposure to weather, theft, breakage, or otherwise. c. Place upon the Work or any part thereof only such loads as are consistent with the safety of that portion of the Work. d. Frequently clean up refuse, rubbish scrap materials, and debris caused by construction operations keeping the Project site safe and orderly. e. Provide safe barricades and guard rails around openings, for scaffolding, for temporary stairs and ramps, around excavations, elevated walkways, and other hazardous areas. 3. Obtain written consent from proper parties before entenng or occupying with workers, tools, materials or equipment, privately -owned land except on easements provided for construction. 04/00 01500 - 5 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS 4. Assume full responsibility for the preservation of public and private property on or adjacent to the site If any direct or indirect damage is done by or on account of any act, omission, neglect, or misconduct in execution of the Work by the CONTRACTOR it shall be restored by the CONTRACTOR to a condition equal to or better than that existing before the damage was done. B. Barricades and Warning Signals. Where Work is performed on or adjacent to any roadway, right-of-way, or public place, furnish and erect barricades fences, lights, warning signs, and danger signals; provide watchmen, and take other precautionary measures for the protection of persons or property and protection of the Work. Conform to Section 01555 - Traffic Control and Regulation C. Tree and Plant Protection. Conform to requirements of Section 01563 - Tree and Plant Protection. D. Protection of Existing Structures 1. Underground Structures: a. Underground structures are defined to include, but not be limited to, sewer, water gas, and other piping, and manholes, chambers, electrical and signal conduits, tunnels, and other existing subsurface installations located within or adjacent to the limits of the Work. b. Known underground structures, including water, sewer, electric, and telephone services are shown on the Drawings in accordance with the best information available, but is not guaranteed to be correct or complete. CONTRACTOR is responsible for making "Locate" calls. c. Explore ahead of trenching and excavation work and uncover obstructing underground structures sufficiently to determine their location, to prevent damage to them and to prevent interruption of utility services Restore to original condition damages to underground structure at no additional cost to the OWNER. d. Necessary changes in location of the Work may be made by the Engineer to avoid unanticipated underground structures. e. If permanent relocation of an underground structure or other subsurface installations is required and not otherwise provided for in the Contract Documents, the Engineer will direct CONTRACTOR in writing to perform the Work, which shall be paid for under the provisions for changes in the Contract Price as described in Document 00700 - General Conditions 2. Surface Structures: Surface structures are defined as existing buildings, structures and other constructed installations above the ground surface. Included with such 01500-6 04/00 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS structures are their foundations or any extension below the surface. Surface structures include, but are not limited to buildings, tanks, walls st b sdg s roads, dams, channels, open drainage, piping poles, wires, p gn markers, curbs walks, guard cables, fencing, and other facilities that are visible above the ground surface. 3. Protection of Underground and Surface Structures: a. Support in place and protect from direct or indirect injury to underground and surface structures located within or adjacent to the limits of the Work. Install such supports carefully and as required by the party owning or controlling such structure. Before installing structure supports, CONTRACTOR shall satisfy the ENGINEER that the methods and procedures to be used have been approved by the owner of the structure. b. Avoid moving or in any way changing the property of public utilities or private service corporations without prior written consent of a responsible official of that service or public utility. Representatives of these utilities reserve the right to enter within the limits of this project for the purpose of maintaining their properties, or of making such changes or repairs to their property that may be considered necessary by performance of this Contract. c. Notify the OWNERS and/or operators of utilities and pipelines of the nature of construction operations to be performed and the date or dates on which those operations will be performed. When construction operations are required in the immediate vicinity of existing structures pipelines, or utilities give a minimum of five (5) working days advance notice. Probe and flag the location of underground utilities prior to commencement of excavation. Keep flags in place until construction operation reach and uncover the utility. d. Assume risks attending the presence or proximity of underground and surface structures within or adjacent to the limits to the Work including but not limited to damage and expense for direct or indirect injury caused by the Work to any structure Immediately repair damage caused, to the satisfaction of the owner of the damaged structure. 01500-7 04/00 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS E. Protection of Installed Products. u 1. Provide protection of installed alities when no o gegneededsprio ucts to prevent damae from �t ent operations. Remove protection fa completion of Work. 2. Control traffic to prevent damage to equipment, materials, and surfaces. 1.12 ROADS AND PARKING A. Prevent interference with traffic and OWNER operations on existing roads. B. Designate temporary parking areas to accommodate construction personnel. When site space is not adequate, provide additional off -site parking Locate as approved by Engineer. C. Minimize use by construction traffic of existing streets and driveways. D. Do not allow heavy vehicles or construction equipment unnecessarily in existing parking areas 1.13 ENVIRONMENTAL CONTROLS A. Provide and maintain methods, equipment, and temporary construction as necessary for controls over environmental conditions at the construction site and adjacent areas. B. Comply with statutes, regulations, and ordinances which relate to the proposed Work for the prevention of environmental pollution and preservation of natural resources, including but not limited to the National Environmental Policy Act of 1969, PL 91-190, Executive Order 11514. C. Recognize and adhere to the environmental requirements of the Project. Disturbed areas shall be strictly limited to boundaries established by the Contract Documents. Particularly avoid pollution of "on -site" streams, sewers, wells, or other water sources. D. Burning of rubbish, debris or waste materials is not permitted. 1.14 POLLUTION CONTROL A. Provide methods, means, and facilities required to prevent contamination of soil, water or atmosphere by discharge of noxious substances from construction operations. B. Provide equipment and personnel to perform emergency measures required to contain any spillage, and to remove contaminated soils or liquids. Excavate and dispose of any contaminated earth off -site, and replace with suitable compacted fill and topsoil. lic C. Take special measures prevent effluent chemicalful s or othernces from such substances adjacent to ters. Prevent disposal of wastes streams, or in sanitary or storm sewers. 01500-8 04/00 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS D. Provide systems for control of atmospheric pollutants. 1. Prevent toxic concentrations of chemicals. 2. Prevent harmful dispersal of pollutants into the atmosphere. E Use equipment during construction that conforms to current Federal, State, and local laws and regulations. 1.15 PEST AND RODENT CONTROL A. Provide rodent and pest control as necessary to prevent infestation of construction or storage areas. B. Employ methods and use materials which will not adversely affect conditions at the site or on adjoining properties. 1.16 NOISE CONTROL A. Provide vehicles, equipment and construction activities that minimize noise to the greatest degree practicable. Noise levels shall conform to the latest OSHA standards and City Ordinances and in no case will noise levels be permitted which create a nuisance in the surrounding neighborhoods. B. Conduct construction operations during daylight hours from 7.30 a.m. to 6:00 p.m. except as approved by ENGINEER. 1.17 DUST CONTROL Control objectionable dust caused by operation of vehicles and equipment Apply water or use other methods, subject to approval of the ENGINEER, which will control the amount of dust generated. 1.18 WATER RUNOFF AND EROSION CONTROL A. Provide methods to control surface water runoff, subsurface water, and water pumped from excavations and structures to prevent damage to the Work, the site, or adjoining properties. B. Control fill, grading and ditching to direct water away from excavations, pits, and other construction areas, and to direct drainage to proper runoff courses so as to prevent any erosion, sedimentation or damage. C. Provide, operate, and maintain equipment and facilities of adequate size to control surface water. D. Dispose of drainage water in a manner to prevent flooding, erosion, or other damage to any portion of the site or to adjoining areas and in conformance with environmental requirements. 01500 - 9 04/00 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS E Retain existing drainage patterns external to the construction site by constructing temporary earth berms, sedimentation basins, retaining areas, and temporary ground cover as needed to control conditions. F. Plan and execute construction and earth work by methods to control surface drainage from cuts and fills, and from borrow and waste disposal areas, to prevent erosion and sedimentation. 1. Keep to a minimum the area of bare soil exposed at one time. 2. Provide temporary control measures, such as berms, dikes, and drains. G. Construct fills and waste areas by selective placement to eliminate surface silts or clays that will erode. H. Inspect earthwork periodically to detect any evidence of the start of erosion. Apply corrective measures as required to control erosion. 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION (NOT USED) END OF SECTION 04/00 01500 - 10 MOBILIZATION CITY OF PEARLAND SECTION 01505 MOBILIZATION 1.0 GENERAL 1.01 SECTION INCLUDES Mobilization of construction equipment and facilities onto the site. 1.02 UNIT PRICES A. Measurement for mobilization is on a lump sum basis. B. Mobilization payments will be included in monthly payment estimates upon written application by CONTRACTOR subject to the following provisions: 1. Authorization for payment of 50 percent of the contract price for mobilization will be made upon receipt and approval by ENGINEER of the following items, as applicable: a. Schedule of values, if required by Section 01100 b. Trench safety program c. Construction schedule d. Pre -construction Photographs, if required by Section 01100 2. Authorization for payment of the remaining 50 percent of the Contract Price for mobilization will be made upon completion of Work amounting to 5 percent of the Contract Price less the mobilization unit price. Mobilization payments will be subject to retainage amounts stipulated in the General Conditions. 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION (NOT USED) END OF SECTION 04/00 01505 -1 CITY OF PEARLAND STABILIZED CONSTRUCTION EXIT SECTION 01550 STABILIZED CONSTRUCTION EXIT 1.0 GENERAL 1.01 SECTION INCLUDES Installation of erosion and sediment control for stabilized construction exits used during construction and until final development of the site. 1.02 SUBMITTALS A. Manufacturer's catalog sheets and other product data on geotextile fabric. B. Sieve analysis of aggregates conforming to requirements of this Specification. 1.03 UNIT PRICES will be made Unless indicated in the Unit Price Schedule Include cost of work performed dertthis Section in for work performed under this Section. pay items for which this work is a component. 2.0 PRODUCTS 2.01 GEOTEXTILE FABRIC A. Provide woven or nonwoven geotextile fabric made of either polypropylene, polyethylene, ethylene, or polyamide material. B. Geotextile fabric shall have and the minimum uiv�alent opeab ning size between 50 andprincipal 140 direction (ASTM D 463 ), q C. Both the geotextile and threads shall be resistant to chemical attack, mildew, and rot and shall contain ultravioletinhibitors range of OpF to 120 minimum of 6 months of expected usable life at a temperature D. Representative Manufacturers: Mirafi, Inc , or equal. 2.02 COARSE AGGREGATES A. Coarse aggregate shall consist of crushed stone gravel, concrete, crushed blast furnace slag, or a combination free from adherent coatinggasalthalkali, dirtp of clean, hard durable materialslay loam, shale, soft or flaky materials, or organic and injurious matter. 01550-1 04/00 CITY OF PEARLAND STABILIZED CONSTRUCTION EXIT B. Coarse aggregates shall conform to the following gradation requirements. Sieve Size Percent Retained (Square Mesh) (By Weight) 2-1/2' 0 2" 0 - 20 1-1/2" 15 - 50 3/4" 60 - 80 No. 4 95 - 100 3.0 EXECUTION 3.01 PREPARATION AND INSTALLATION A. If necessary to keep the street clean of mud carried by construction vehicles and equipment, CONTRACTOR shall provide stabilized construction roads and exits at the construction, staging, parking storage, and disposal areas. Such erosion and sediment controls shall be constructed in accordance with the requirements shown on the Drawings and specified in this Section. B. No clearing and grubbing or rough cutting shall be permitted until erosion and sediment control systems are in place, other than as specifically directed by the ENGINEER to allow soil testing and surveying. C. Maintain existing erosion and sediment control systems located within the project site until acceptance of the project or until directed by the ENGINEER to remove and discard the existing system. D. Regularly inspect and repair or replace components of stabilized construction exits. Unless otherwise directed, maintain the stabilized construction roads and exits until the project is accepted by the City Remove stabilized construction roads and exits promptly when directed by the ENGINEER. Discard removed materials off site. E. Remove sediment deposits and dispose of them at the designated spoil site for the project. If a project spoil site is not designated on the Drawings, dispose of sediment off site at location not in or adjacent to a stream or floodplain. Off -site disposal is the responsibility of the CONTRACTOR. Sediment to be placed at the project site should be spread evenly throughout the site, compacted and stabilized. Sediment shall not be allowed to flush into a stream or drainage way If sediment has been contaminated, it shall be disposed of in accordance with existing federal state, and local rules and regulations. 01550 - 2 04/00 CITY OF PEARLAND STABILIZED CONSTRUCTION EXIT F. Equipment and vehicles shall be prohibited by the CONTRACTOR from maneuvering on areas outside of dedicated rights -of -way and easements for construction. Damage caused by construction traffic to erosion and sediment control systems shall be repaired immediately ntract in G. Conduct all construction described in the Specification 01566 -Source conformance Controls for with the erosion control trollpractices Erosion and Sedimentation. 3.02 CONSTRUCTION METHODS A. Provide stabilized access roads, subdivision roads, parking areas, and other on -site vehicle transportation routes where shown on Drawings. roved by B. ProviENGIeNEER, stabilizedEof the sizeshand locations where shown on Drawings or action exits, and truck washing areas when s specified in ENGINEER, this Section. C. Vehicles leaving construction areas shall have their tires cleaned to remove sediment prior to entrance onto public right-of-way When washing is needed to remove sediment, CONTRACTOR shall construct a truck washing area. Truck washing shall be done on stabilized areas which drain into a drainage system protected by erosion and sediment control measures. D. Details for stabilized construction exit are shown on the Drawings. Construction of all other stabilized areas shall be to the same requirements. Roadway width shall be at least 14 feet for one-way traffic and 20 feet for two-way traffic and shall be sufficient for all ingress and egress. Furnish and place geotextile fabric as a permeable separator to prevent mixing of coarse aggregate with underlaying soil. Exposure of geotextile fabric to the elements between laydown and cover shall be a maximum of fourteen (14) days to minimize damage potential. E Roads and parking areas shall be graded to provide sufficient drainage away from stabilized areas. Use sandbags, gravel, boards, or similar methods to prevent sediment from entering public right-of-way, receiving stream or storm water conveyance system. F. The stabilized areas shall be inspected and maintained daily. Provide periodic top dressing with additional coarse aggregates to maintain the required depth. Repair and clean out damaged control measures used to trap sediment. All sediment spilled, dropped washed, or tracked onto public right-of-way shall be removed immediately. G. The length of the stabilized area shall be as shown on the Drawings, but not less than 50 feet. The thickness shall not be less than 8 inches. The width shall not be less than full width of all points of ingress or egress. H. Stabilization for other areas shall have the same coarse aggregate, thickness, and width requirements as the stabilized construction exit, except where shown otherwise on the Drawings. 01550-3 04/00 CITY OF PEARLAND STABILIZED CONSTRUCTION EXIT Stabilized area may be widened or lengthened to accommodate truck washing area when authorized by ENGINEER. J. Alternative methods of construction may be utilized when shown on Drawings, or when approved by the ENGINEER. These methods include the following: 1. Cement -Stabilized Soil - Compacted cement -stabilized soil or other fill material in an application thickness of at least 8 inches. 2. Wood Mats/Mud Mats - Oak or other hardwood timbers placed edge -to -edge and across support wooden beams which are placed on top of existing soil in an application thickness of at least 6 inches. 3. Steel Mats - Perforated mats placed across perpendicular support members. END OF SECTION 04/00 01550-4 CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION SECTION 01555 TRAFFIC CONTROL AND REGULATION 1.0 GENERAL 1.01 SECTION INCLUDES A. Requirements for signs, signals, control devices, flares, lights and traffic signals, as well as construction parking control designated haul routes and bridging of trenches and excavations B. Requirement for and qualifications of flaggers. 1.02 SUBMITTALS A. A traffic control plan responsive to the Texas Manual on Uniform Traffic Control Devices (TMUTCD) and sealed by a Registered Professional Engineer is incorporated into the Drawings If the CONTRACTOR proposes to implement traffic control different than the plan provided, he shall submit a traffic control plan in conformance with the TMUTCD for approval of the ENGINEER B. For both the traffic control plan and flaggers use, submit schedules of values within thirty (30) days following the Notice to Proceed. Refer to Section 01350 - Submittals. C. Make submittals in accordance with Section 01350 - Submittals. 1.03 UNIT PRICES A. Traffic Control and Regulation. Measurement is on a lump sum basis for traffic control and regulation, including submittal of a traffic control plan if different from the plan shown on the Drawings, provision of traffic control devices, and provision of equipment and personnel as necessary to protect the work and the public The amount invoiced shall be determined based on the schedule of values submitted for traffic control and regulation. r the B. Flaggers. Measurement is on a lump sum basis for flagers as reuired invoiced shall be determined based on the scheduleoof values Project. The amount inv submitted for flaggers. 1.04 FLAGGERS A. Unless otherwise specified, use only flaggers who are off -duty, regularly employed, uniformed peace officers. B. Flaggers are required at the following locations: 1. Where multi -lane vehicular traffic must be diverted into single -lane vehicular traffic. 01555 -1 04/00 CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION 2. Where vehicular traffic must change lanes abruptly. 3. Where construction equipment either enters or crosses vehicular traffic lanes and walks. 4. Where construction equipment may intermittently encroach on vehicular traffic lanes and unprotected walks and crosswalks. 5. Where construction activities might affect public safety and convenience. 6. Where traffic regulation is needed due to rerouting of vehicular traffic around the work site. C. The use of Flaggers is for the purpose of assisting in the regulation of traffic flow and movement, and does not in any way relieve the CONTRACTOR of full responsibility for taking such other steps and provide such other Flaggers or personnel as the CONTRACTOR may deem necessary to protect the work and the public, and does not in any way relieve the CONTRACTOR of his responsibility for any damage for which he would otherwise be liable. Flaggers shall be used and maintained at such points for such periods of time as may be required to provide for the public safety and convenience of travel. 2.0 PRODUCTS 2.01 SIGNS, SIGNALS, AND DEVICES A. Comply with Texas State Manual on Uniform Traffic Control Devices. B. Traffic Cones and Drums, Flares and Lights: As approved by agencies having jurisdiction. 3.0 EXECUTION 3.01 PUBLIC ROADS A. Abide by laws and regulations of governing authorities when using public roads If the CONTRACTOR'S work requires that public roads be temporarily impeded or closed, approvals shall be obtained from governing authorities and permits paid for before starting any work. Coordinate activities with the Engineer. B. CONTRACTOR shall maintain at all times a 10-foot-wide all-weather lane adjacent to work areas which shall be kept free of construction equipment and debris and shall be for the use of emergency vehicles, or as otherwise provided in the traffic control plan. C. CONTRACTOR shall not obstruct the normal flow of traffic from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on designated major arterials or as directed by the ENGINEER. 01555 - 2 04/00 CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION D. CONTRACTOR shall maintain local driveway access to residential and commercial properties adjacent to work areas at all times. E. Cleanliness of Surrounding Streets: Keep streets used for entering or leaving the job area free of excavated material, debris, and any foreign material resulting from construction operations. F. Control vehicular parking to prevent interference with public traffic and parking, and access by emergency vehicles. G. Monitor parking of construction personnel's vehicles in existing facilities. Maintain vehicular access to and through parking areas. H. Prevent parking on or adjacent to access roads or in non -designated areas. 3.03 FLARES AND LIGHTS Provide flares and lights during hours of low visibility to delineate traffic lanes and to guide traffic. 3.04 HAUL ROUTES A. Utilize haul routes designated by authorities or shown on the Drawings for construction traffic B. Confine construction traffic to designated haul routes. C. Provide traffic control at critical areas of haul routes to regulate traffic and minimize interference with public traffic. 3.05 TRAFFIC SIGNS AND SIGNALS A. Install traffic control devices at approaches to the site and on site, at crossroads, detours, parking areas and elsewhere as needed to direct construction and affected public traffic. Relocate traffic signs and control devices as Work progresses to maintain effective traffic control. 3.06 BRIDGING TRENCHES AND EXCAVATIONS A. Whenever necessary, bridge trenches and excavation to permit an unobstructed flow of traffic. B. Secure bridging against displacement by using adjustable cleats, angles, bolts or other devices whenever bridge is installed: 1. On an existing bus route; 2. When more than 5 percent of daily traffic is comprised of commercial or truck traffic; 04/00 01555 - 3 CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION 3. When more than two (2) separate plates are used for the bridge; or 4. When bridge is to be used for more than five (5) consecutive days. C. Install bridging to operate with minimum noise. D. Adequately shore the trench or excavation to support bridge and traffic. minimum of one foot beyond edges of trench E Extend steel plates used forridging aof plates toor excavation. Use temporary p g materials (premix) to feather edges minimize wheel impact on secured bridging. F. Use steel plates of sufficient thickness to support H-20 loading, truck or lane, that produces maximum stress. 3.07 REMOVAL A. Remove equipment and devices when no longer required. B. Repair damage caused by installation. C. Remove post settings to a depth of 2 feet. END OF SECTION 04/00 01555 - 4 CITY OF PEARLAND SECTION 01560 FILTER FABRIC FENCE FILTER FABRIC FENCE 1.0 GENERAL 1.01 SECTION INCLUDES Installation of erosion and sediment control filter fabric fences used during construction and until final development of the site. The purpose of filter fabric fences is to contain pollutants from overland flow. Filter fabric fences are not for use in channelized flow areas. Filter fabric fences may be reinforced. 1.02 UNIT A. Filter fabric fence will be measured by the linear foot of completed and accepted filter fabric fence between the limits of the beginning and ending of wooden stakes. Filter fabric fence measured as stated, will be paid for at the unit price bid for Filter Fabric Fence, Complete in Place. B. Payment for filter fabric fence will include and be full compensation for all labor, equipment, materials, supervision, and all incidental expenses for construction of these items, complete in place, including, but not limited to protection of trees, maintenance requirements, repair of erosion ands sediment control systems at the end of aged sections, removal of sediment deposits, and removal construction. C. Filter fabric barrier, if specified, will be measured by the linear foot of completed and accepted filter fabric barrier between the limits of the beginning and ending fence posts. Filter fabric barrier, measured as stated, will be paid for at the unit price bid for Filter Fabric Fence, Complete in Place. D. Payment for filter fabric barrier will include and be full compensation for all labor, equipment, materials, supervision, and incidental expenses for construction of these items, complete in place including, but not limited to protection of trees, maintenance requirements, repair of erosion and sediment control systems at the end of aged sections, removal of sediment deposits, and removal construction. PRICES 1.03 SUBMITTALS A. Manufacturer's catalog sheets and other product data on geotextile fabric. B. Conform to requirements of Section 01350 - Submittals. 01560 - 1 04/00 CITY OF PEARLAND 2.0 PRODUCTS FILTER FABRIC FENCE 2.01 FILTER FABRIC A. Provide woven or nonwoven geotextile filter fabric made of either polypropylene, polyethylene, ethylene, or polyamide material. B. Geotextile fabric shall have a grab strength of 100 psi in any principal direction (ASTM D-4632), Mullen burst strength exceeding 200 psi (ASTM D-3786), and the equivalent opening size between 50 and 140. C. Filter fabric material shall contain ultraviolet inhibitors and stabilizers to provide a minimum of six (6) months of expected usable construction life at a temperature range of 0° F to 120° F. D. Representative Manufacturer: Mirafi, Inc., or equal. 2.02 FILTER FABRIC REINFORCEMENT Provide woven galvanized steel wire fence with minimum thickness of 14 gauge and a maximum mesh spacing of 6 inches. 3.0 EXECUTION 3.01 PREPARATION AND INSTALLATION A. Provide erosion and sediment control systems at the locations shown on Drawings. Such systems shall be of the type indicated and shall be constructed in accordance with the requirements shown on the Drawings and specified in this Section. B. No clearing and grubbing or rough cutting shall be permitted until erosion and sediment control systems are in place other than site work specifically directed by the Engineer to allow soil testing and surveying. C. Regularly inspect and repair or replace damaged components of filter fabric fences as specified in this Section. Unless otherwise directed, maintain the erosion and sediment control systems until the project area stabilization is accepted by the OWNER Remove erosion and sediment control systems promptly when directed by the Engineer. Discard removed materials off site. D. Remove sediment deposits and dispose of them at the designated spoil site for the project. If a project spoil site is not designated on the Drawings, dispose of sediment off site at a location not in or adjacent to a stream or floodplain. Off -site disposal is the responsibility of the CONTRACTOR. Sediment to be placed at the project site should be spread evenly throughout the site, compacted and stabilized. Sediment shall not be allowed to flush into a stream or drainage way. If sediment has been 01560-2 04/00 CITY OF PEARLAND FILTER FABRIC FENCE contaminated, it shall be disposed of in accordance with existing federal, state, and local rules and regulations. E. Conduct all construction operations under this Contract in conformance with the erosion control practices described in Section 01566 - Source Controls for Erosion and Sedimentation. 3.02 CONSTRUCTION METHODS A. Provide filter fabric fence systems in accordance with the Drawing detail for Filter Fabric Fences. Filter fabric fences shall be installed in such a manner that surface runoff will percolate through the system in sheet flow fashion and allow sediment to be retained and accumulated. B. Attach the filter fabric to 2-inch by 2-inch wooden stakes spaced a maximum of 3 feet apart and embedded a minimum of 8 inches. If filter fabric is factory preassembled with support netting, then maximum spacing allowable is 8 feet. Install wooden stakes at a slight angle toward the source of anticipated runoff. C. Trench in the toe of the filter fabric fence with a spade or mechanical trencher as shown on the Drawings. Lay filter fabric along the edges of the trench. Backfill and compact trench. D. Filter fabric fence shall have a minimum height of 18 inches and a maximum height of 36 inches above natural ground. E Provide the filter fabric in continuous rolls and cut to the length of the fence to minimize the use of joints. When joints are necessary, splice the fabric together only at a support post with a minimum 6-inch overlap and seal securely. F. Inspect sediment filter barrier systems after each rainfall, daily during periods of prolonged rainfall, and at a minimum once each week. Repair or replace damaged sections immediately. Remove sediment deposits when silt reaches a depth one-third the height of the fence or 6 inches, whichever is less G. Install reinforced filter fabric barriers for erosion and sediment control used during construction and until the final development of the site. Reinforced filter fabric barriers are used to retain sedimentation in channelized flow areas. Provide filter fabric barriers in accordance with the Drawing detail for Reinforced Filter Fabric Barrier. Filter fabric barrier systems shall be installed in such a manner that surface runoff will percolate through the system in sheet flow fashion and allow sediment to be retained and accumulated. I. Trench in the toe of the filter fabric barrier with a spade or mechanical trencher as shown on the Drawings. Lay filter fabric along the edges of the trench Backfill and compact trench. J. Securely fasten the filter fabric material to the woven wire with tie wires. 01560-3 04/00 CITY OF PEARLAND FILTER FABRIC FENCE K. Provide the filter fabric in continuous rolls and cut to the length of the fence to minimize the use of joints. When joints are necessary, splice the fabric together only at a support post with a minimum 6-inch overlap and seal securely. L Inspect the reinforced filter fabric barrier systems after each rainfall, daily during periods of prolonged rainfall, and at a minimum once each week. Repair or replace damaged sections immediately. Remove sediment deposits when silt reaches a depth one-third the height of the barrier or 6 inches, whichever is less. END OF SECTION 04/00 01560 - 4 CITY OF PEARLAND WASTE MATERIAL DISPOSAL SECTION 01562 WASTE MATERIAL DISPOSAL 1.0 GENERAL 1.01 SECTION INCLUDES Disposal of waste material and salvageable material. 1.02 UNIT PRICES No separate payment will be made for waste material disposal under this Section Include payment in unit price for related sections. 1.03 SUBMITTALS A. Submittals shall conform to requirements of Section 01350 - Submittals. B. Obtain and submit disposal permits for proposed disposal sites if required by local ordinances. C. Submit a copy of written permission fr m property adjacentoner, o the along gProjecitt Submdescription of property, prior to disposal of excess t a written and signed release from property owner upon completion of disposal work. City of Pearland requires individual fill placement permits for all fill placed within the City limits. 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION 3.01 SALVAGEABLE MATERIAL A. Excavated material: When indicated Drawings, load, hul, andn Drawings out aide the lampts of Project. eosit ed material at a location or locations shown Base, surface, and bedding material. Deliver gravel, bituminous, or other base and surfacing material designated for salvage to the location designated by the ENGINEER. C. Pipe culvert: Deliver culverts designated for salvage to OWNER' s storage area. D. Other salvageable materials: Conform to requirements of individual Specification Sections. E Coordinate delivery of salvageable material with ENGINEER. 04/00 01562- 1 CITY OF PEARLAND WASTE MATERIAL DISPOSAL 3.02 EXCESS MATERIAL A. Vegetation, rubble, broken concrete, debris, asphaltic concrete pavement, excess soil, and other materials not designated for salvage, shall become the property of Contractor and shall be removed from the job site and legally disposed of. B. Excess soil may be deposited on private property adjacent to the Project when written permission is obtained from property owner. See Paragraph 1.03 C above. C. Verify the flood plain status of any proposed disposal site Do not dispose of excavated materials in an area designated as within the 100-year Flood Hazard Area. D. Waste materials shall be removed fromthe site on a daily basis, such that the site is maintained in a neat and orderlycondition. END OF SECTION 04/00 01562 - 2 CITY OF PEARLAND TREE AND PLANT PROTECTION SECTION 01563 TREE AND PLANT PROTECTION 1.0 GENERAL 1.01 SECTION INCLUDES Tree and plant protection. 1.02 PROJECT CONDITIONS A. Preserve and protect existing trees and plants to remain from foliage, branch, trunk, or root damage that could result from construction operations. B. Prevent following types of damage: 1. Compaction of root zone by foot or vehicular traffic, or material storage. 2. Trunk damage from equipment operations, material storage, or from nailing or bolting. 3. Trunk and branch damage caused by ropes or guy wires or machine impacts. 4. Root poisoning from spilled solvents, gasoline, paint, and other noxious materials. 5. Branch damage due to improper pruning or trimming. 6. Damage from lack of water due to: a. Cutting or altering natural water migration patterns near root zones. b. Failure to provide adequate watering. 7 Damage from alteration of soil pH factor caused by depositing lime, concrete, plaster, or other base materials near roots. 8. Cutting feeder of roots or roots larger than 11/4 inches in diameter. 1.03 DAMAGE ASSESSMENT When trees other than those designated for removal are destroyed or badly damaged as a result of construction operations, remove and replace with same size, species, and variety up to and including 8 inches in trunk diameter. Tree larger than 8 inches in diameter shall be replaced with an 8-inch diameter tree of the same species and variety and total contract amount will be reduced by an amount determined from the following International Shade Tree Conference formula: 0 7854 x D2 x $10.00 where D is diameter in inches of tree or shrub trunk measured 12 inches above grade. 01563 - 1 04/00 CITY OF PEARLAND TREE AND PLANT PROTECTION 2.0 PRODUCTS 2.01 MATERIALS A. Asphalt paint: Emulsified au alt a on outother or inured plant tissue, antiseptic free from kerosene and formulated for horticultural coal creosote. B. Burlap: Suitable for use as tree wrapping. C. Fertilizer: Liquid containing 20 percent nitrogen, 10 percent phosphorus, and 5 percent potash D. All necessary tree replacements shall be as approved by ENGINEER/Urban Forester. 3.0 EXECUTION 3.01 PROTECTION AND MAINTENANCE OF EXISTING TREES AND SHRUBS A. Except for trees and shrubs shown on and beinto removed, all from damage, trees and shrubs within the project area are to remainprotected B. For trees to be removed, as designated on the Drawings, perform the following: 1. Stake right-of-way limits and identify any tree of diameter greater than 4 inches which is to be removed. Mark trees prior to felling with an X in orange paint, clearly visible, on the trunk, and at eye level. 2. After marking trees give abeginminimum of 48 felling operations. hours notice in writing to the ENGINEER of intent 3. Trees whose trunks are only pally in the right-of-way shall be protected and preserved as described below. C. For trees or shrubs to remain, perform the following: 1. Trim trees and shrubs only as necessary. a. Trees and shrubs requiring pruning for construction proper form should and branchingalsoe pruned for balance as well as to maintain p p habit. b. Cut limbs at branch °oluterar. llayero rbs of tree structureremain o �trunk.n trees. Branch cuts should not gouge 2. Use extreme care to prevent excessive damage to root systems. a. Roots in construction areas will be cut smoothly with a trencher before excavation begins. Do not allow ripping of roots with a backhoe or other equipment. 01563 - 2 04/00 CITY OF PEARLAND TREE AND PLANT PROTECTION b. Temporarily cover exposed roots with wet burlap to prevent roots from drying out. c. Cover exposed roots with soil as soon as possible. 3. Prevent damage or compaction of root zone (area inside dripline) by construction activities. a. Do not allow scarring of trunks or limbs by equipment or other means. b. Do not store construction materials, vehicles, or excavated material inside dripline of trees. c. Do not pour liquid materials inside dripline. 4. Water and fertilize trees and shrubs that will remain to maintain their health during construction period. a. Supplemental watering of landscaping during construction should be done once every 7 days in cold months and once every four (4) days in hotter months. b. This watering shall consist of saturating soils at least 6 to 8 inches beneath surface. 5. Water areas currently being served by private sprinkler systems while systems are temporarily taken out of service to maintain health of existing landscapes. 6. At option of the CONTRACTOR and with the ENGINEER'S permission, trees and shrubs to remain may be temporarily transplanted and returned to original positions under supervision of professional horticulturist. 3.02 PROTECTION A. Protection of Trees or Shrubs in Open Area: 1. Install steel drive-in fence posts in protective circle, approximately 8 feet on center, not closer than 4 feet to trunk of trees or stems of shrubs. 2. Drive steel drive-in fence posts 3 feet minimum into ground, leaving 5 feet minimum above ground. 3. Mount steel hog -wire on fence posts. 4. For trees or shrubs in paved areas, mount concrete -filled steele(movable in diameter minimum in rubber auto tires filled withconcrete posts). 01563-3 04/00 CITY OF PEARLAND B. Timber Wrap Protection for Trees in Close Proximity of Moving or Mechanical Equipment and Construction Work: 1. Wrap trunk with layer of burlap. 2. Install 2 x 4s or 2 x 6s (5-foot to 6-foot lengths) vertically, spaced 3 inches to 5 inches apart around circumference of tree trunk. 3. Tie in place with 12 to 9 gage steel wire. 3.03 MAINTENANCE OF NEWLY PLANTED TREES A. Water trees during dry periods. B. The CONTRACTOR guarantees that trees planted for this Project shall remain alive and healthy at least until the end of a one-year warranty period. 1. Within four weeks of notice from OWNER, CONTRACTOR shall replace, at his expense, any dead trees or any trees that in the opinion of OWNER, have become unhealthy or unsightly or have lost their natural shape as a result of additional growth, improper pruning or maintenance, or weather conditions. 2. When tree must be of subjeced, the ct to the Oarantee WNER's inspection, foro less iod for that tree shall begin on date of replacementtree, than one year. 3. Straighten leaning trees and bear entire cost. 4. Dispose of trees rejected at any time by ENGINEER at CONTRACTOR'S expense. 04/00 TREE AND PLANT PROTECTION END OF SECTION 01563 - 4 CITY OF PEARLAND CONTROL OF GROUNDWATER AND SURFACE WATER SECTION 01564 CONTROL OF GROUNDWATER AND SURFACE WATER 1.0 GENERAL 1.1 SECTION INCLUDES Dewatering, depressurizing, draining, and maintaining trench and structure excavations and foundation beds in dry and stable condition B. Protecting work against surface runoff and rising floodwaters. C. Disposing of removed water. 1.2 METHOD OF PAYMENT Unless otherwise specified in the Contract Documents, no separate payment will be made for control of ground water and surface water Include the cost to control ground water and surface water in price for work requiring such controls. 1.3 DEFINITIONS Ground water control includes both dewatering and depressurization of water -bearing soil layers. 1. Dewatering includes lowering the water table and intercepting seepage which would otherwise emerge from slopes or bottoms of excavations and disposing of removed water. The intent of dewatering is to increase stability of excavated slopes; prevent dislocation of material from slopes or bottoms of excavations, reduce lateral loads on sheeting and bracing; improve excavating and hauling characteristics of excavated material; prevent failure or heaving of the bottom of excavations, and to provide suitable conditions for placement of backfill materials and construction of structures and other installations. 2. Depressurization includes reduction in piezometric pressure within strata not controlled by dewatering alone, as required to prevent failure or heaving of excavation bottom. B. Excavation drainage includes keeping excavations free of surface and seepage water. C. Surface drainage includes use of temporary drainage ditches and dikes and installation of temporary culverts and sump pumps with discharge lines as required to protect the Work from any source of surface water. D. Equipment and instrumentation for monitoring and control of the ground water control system includes piezometers and monitoring wells, and devices, such as flow meters, for observing and recording flow rates 01564 - 1 04/00 CITY OF PEARLAND CONTROL OF GROUNDWATER AND SURFACE WATER 1.4 PERFORMANCE REQUIREMENTS A. Conduct subsurface investigations to identify groundwater conditions and to provide parameters for design, installation, and operation of groundwater control systems. B. Design a ground water control 26 and Section 01526 Trench Safety Systems,to Regulations 29 CFR Part 19 produce the following results: 1. Effectively reduce the hydrostatic pressure affecting excavations. 2. Develop a substantially dry and stable subgrade for subsequent construction operations. 3. Preclude damage to adjacent properties, buildings, structures, utilities, installed facilities and other work. 4. Prevent the loss of fines, seepage, boils, quick condition, or softening of the foundation strata. 5. Maintain stability of sides and bottom of excavations. C. Ground water control systems may include single -stage or multiple -stage well point systems, eductor and ejector -type systems, deep wells, or combinations of these equipment types. D. Provide drainage of seepage water and surface water, as well as water from any other source entering the excavation.shed toneoand filtege may includer fabric, t ge hepwith sump lacement of drainage materials, such as pumping E Provide ditches, berms, pumps and other methods necessary to divert and drain surface water from excavation and other work areas. F, Locate ground water control and drainage systems adjacent so as not water interfere with utilities, construction operations, adjacentproperties, G. Assume sole responsibility for ground water control systems and for any loss or damage resulting from partial or complete failure of protective measures and any settlement or resultant damage caused by the ground water control operations. Modify ground water control systems or operations if they cause or threaten to cause damage to new construction, existing site improvements, adjacent property, or adjacent water wells or affect potentially contaminated areas. Repair damage caused by ground water control systems or resulting from failure of the system to protect property as required. H. Provide an adequate number of piezometers installed at the proper locations and depths as required to provide meaningful observations of the conditions affecting the excavation, adjacent structures, and water wells. 01564 - 2 04/00 CITY OF PEARLAND CONTROL OF GROUNDWATER AND SURFACE WATER I. Provide environmental monitoring wells installed at the proper locations and depths as required to provide adequate observations of hydrostatic conditions and possible contaminant transport from contamination sources into the work area or into the ground water control system. J. Decommission piezometers and monitoring wells installed during design phase studies and left for CONTRACTORS monitoring and use. 1.5 SUBMITTALS A. Submittals shall conform to requirements of Section 01350 - Submittals. B. Submit a Ground Water and Surface Water Control Plan for review by the ENGINEER prior to start of any fieldwork The Plan shall be signed by a Professional Engineer registered in the State of Texas. Submit a plan to include the following: 1. Results of subsurface investigation and description of the extent and characteristics of water bearing layers subject to ground water control. 2. Names of equipment suppliers and installation subcontractors. 3. A description of proposed ground water control systems indicating arrangement location, depth and capacities of system components, installation details and criteria, and operation and maintenance procedures. 4. A description of proposed monitoring and control system indicating depths and locations of piezometers and monitonng wells, monitoring installation details and criteria, type of equipment and instrumentation with pertinent data and characteristics. 5. A description of proposed filters including types, sizes, capacities and manufacturer's application recommendations 6. Design calculations demonstrating adequacy of proposed systems for intended applications. Define potential area of influence of ground water control operation near contaminated areas. 7. Operating requirements, including piezometric control elevations for dewatering and depressurization. 8. Excavation drainage methods including typical drainage layers, sump pump application and other necessary means. 9. Surface water control and drainage installations. 10. Proposed methods and locations for disposing of removed water. 01564 - 3 04/00 CITY OF PEARLAND CONTROL OF GROUNDWATER AND SURFACE WATER C. Submit the following records upon completed initial installation: 1. Installation and development reports for well points, eductors, and deep wells. 2. Installation reports and baseline readings for piezometers and monitoring wells. 3. Baseline analytical test data of water from monitoring wells. 4. Initial flow rates. D. Submit the following records on a weekly basis during operations: 1. Records of flow rates and piezometric elevations obtained during monitoring of dewatering and depressurization. Refer to Paragraph 3.02, Requirements for Eductor, Well Points, or Deep Wells. 2. Maintenance records for ground water control installations, piezometers, and monitoring wells. Submit the following records at end of work. Decommissioning (abandonment) reports for monitoring wells and piezometers installed by other during the design phase and left for CONTRACTOR'S monitoring and use. 1.6 ENVIRONMENTAL REQUIREMENTS A. Comply with requirements of agencies having jurisdiction. B. Comply with Texas Natural Resource Conservation Commission regulations and Texas Water Well Drillers Association for development, drilling, and abandonment of wells used in dewatering system. C. Obtain permit from EPA under the National Pollutant Discharge Elimination System (NPDES) for storm water discharge from construction sites. Refer to Section 01565 — NPDES Permit Requirements. D. Obtain all necessary permits from agencies with control over the use of groundwater and matters affecting well installation, water discharge, and use of existing storm drains and natural water sources. Because the review and permitting process may be lengthy, take early action to pursue and submit for the required approvals. E. Monitor ground water discharge for contamination while performing pumping in the vicinity of potentially contaminated sites. 01564 - 4 04/00 CITY OF PEARLAND CONTROL OF GROUNDWATER AND SURFACE WATER 2.0 PRODUCTS 2.1 EQUIPMENT AND MATERIALS A. Equipment and materials are at the option of CONTRACTOR as necessary to achieve desired results for dewatering. Selected equipment and materials are subject to review of the ENGINEER through submittals required in Paragraph 1.06 Submittals. B. Eductors, well points, or deep wells, where used, must be furnished, installed and operated by an experienced contractor regularly engaged in ground water control system design, installation, and operation. C. All equipment must be in good repair and operating order. D. Sufficient standby equipment and materials shall be kept available to ensure continuous operation, where required 3.0 EXECUTION 3.1 GROUND WATER CONTROL A. Perform a subsurface investigation by borings as necessary to identify water -bearing layers, piezometric pressures, and soil parameters for design and installation of ground water control systems. Perform pump tests, if necessary to determine the draw -down characteristics of the water -bearing layers. The results shall be presented in the Ground Water and Surface Water Control Plan (see Paragraph 1.5B.1). B. Provide labor material, equipment, techniques and methods to lower, control and handle ground water in a manner compatible with construction methods and site conditions. Monitor effectiveness of the installed system and its effect on adjacent property. C. Install, operate, and maintain ground water control systems in accordance with the Ground Water and Surface Water Control Plan. Notify ENGINEER in writing of' any changes made to accommodate field conditions and changes to the Work. Provide revised drawings and calculations with such notification. D. Provide for continuous system operation, including nights, weekends, and holidays. Arrange for appropriate backup if electrical power is primary energy source for dewatering system. E Monitor operations to verify that the system lowers ground water piezometric levels at a rate required to maintain a dry excavation resulting in a stable subgrade for prosecution of subsequent operations. F. Where hydrostatic pressures in confined water bearing layers exist below excavation, depressurize those zones to eliminate risk of uplift or other instability of excavation or installed works. Allowable piezometric elevations shall be defined in the Ground Water and Surface Water Control Plan. 01564 - 5 04/00 CITY OF PEARLAND CONTROL OF GROUNDWATER AND SURFACE WATER G. Maintain water level below subgrade elevation. Do not allow levels to rise until foundation concrete has achieved design strength. H. During backfilling, dewatering may be reduced to maintain water level a minimum of 5 feet below prevailing level of backfill. However, do not allow that water level to result in uplift pressures in excess of 80 percent of downward pressure produced by weight of structure or backfill in place. Do not allow water levels to rise into cement - stabilized sand until at least 48 hour after placement. I. Provide a uniform diameter for each pipe drain run constructed for dewatering. Remove pipe drain when it has served its purpose. If removal of pipe is impractical, provide grout connections at 50-foot intervals and fill pipe with cement-bentonite grout or cement -sand grout when pipe is removed from service. J. Extent of construction ground water control for structures with a permanent perforated underground drainage system may be reduced, such as for units designed to withstand hydrostatic uplift pressure. Provide a means of draining the affected portion of underground system, including standby equipment Maintain drainage system during operations and remove it when no longer required. K. Remove system upon completion of construction or when dewatering and control of surface or ground water is no longer required L Compact backfill as required by the Contract Documents. 3.2 REQUIREMENTS FOR EDUCTOR, WELL POINTS, OR DEEP WELLS A. For aboveground piping in ground water control system, include a 12-inch minimum length of clear transparent piping between every eductor well or well point and discharge header so that discharge from each installation can be visually monitored. B. Install sufficient piezometers or monitoring wells to show that all trench or shaft excavations in water beanng materials are predrained prior to excavation. Provide separate piezometers for monitoring of dewatering and for monitoring of. depressurization. Install piezometers and monitoring wells for tunneling as appropriate for CONTRACTOR'S selected method of work C. Install piezometers or monitoring wells not less than one week in advance of beginning the associated excavation D. Dewatering may be omitted for portions of underdrains or other excavations, but only where auger borings and piezometers or monitoring wells show that soil is predrained by an existing system such that the criteria of the ground water control plan are satisfied. 01564 - 6 04/00 CITY OF PEARLAND CONTROL OF GROUNDWATER AND SURFACE WATER E Replace installations that produce noticeable amounts of sediments after development. F. Provide additional ground water control installations, or change the methods, in the event that the installations according to the ground water control plan does not provide satisfactory results based on the performance criteria defined by the plan and by the specification. Submit a revised plan according to Paragraph 1.5B. 3.3 EXCAVATION DRAINAGE CONTRACTOR may use excavation drainage methods if necessary to achieve well drained conditions. The excavation drainage may consist of a layer of crushed stone and filter fabric, and sump pumping in combination with sufficient wells for ground water control to maintain stable excavation and backfill conditions. 3.4 MAINTENANCE AND OBSERVATION A. Conduct daily maintenance and observation of piezometers or monitoring wells while the ground water control installations or excavation drainage are operating in an area. Keep system in good operating condition. B. Replace damaged and destroyed piezometers or monitoring wells with new piezometers or wells as necessary to meet observation schedule C. Cut off piezometers or monitoring wells in excavation areas where piping is exposed, only as necessary to perform observation as excavation proceeds. Continue to maintain and make observations, as specified. D. Remove and grout piezometers inside or outside the excavation area when ground water control operations are complete. Remove and grout monitoring wells when directed by the ENGINEER. 3.5 MONITORING AND RECORDING A. Monitor and record average flow rate of operation for each deep well, or for each wellpoint or eductor header used in dewatering system. Also monitor and record water level and ground water recovery. These records shall be obtained daily until steady conditions are achieved, and twice weekly thereafter. B. Observe and record elevation of water level daily as long as ground water control system is in operation, and weekly thereafter until the Work is completed or piezometers or wells are removed, except when ENGINEER determines that more frequent monitoring and recording are required. Comply with ENGINEER' s direction for increased monitoring and recording and take measures as necessary to ensure effective dewatering for intended purpose. 01564 - 7 04/00 CITY OF PEARLAND CONTROL OF GROUNDWATER AND SURFACE WATER 3.6 SURFACE WATER CONTROL A. Intercept surface water and divert it away from excavations through use of dikes ditches curb walls, pipes sumps or other approved means. The requirement includes temporary works required to protect adjoining properties from surface drainage caused by construction operations. B. Divert surface water and seepage water into sumps and pump it into drainage channels or storm drains, when approved by agencies having jurisdiction. Provide settling basins when required by such agencies. END OF SECTION 04/00 01564 - 8 CITY OF PEARLAND SECTION 01565 NPDES REQUIREMENTS NPDES REQUIREMENTS 1.0 GENERAL 1.01 SECTION INCLUDES A. This Section describes the required documentation to be prepared and signed by the CONTRACTOR before conducting construction operations, in accordance with the terms and conditions of the National Pollutant Discharge Elimination System (NPDES) Permit, as stated in the Federal Register Vol. 57 No. 175, issued by the Environmental Protection Agency on September 9, 1992. B. The CONTRACTOR shall be responsible for implementation, maintenance and inspection of storm water pollution prevention control measures including, but not limited to, erosion and sediment controls, storm water management plans, waste collection and disposal, off -site vehicle tracking, and other practices shown on the Drawings or specified elsewhere in this or other Specifications. C. CONTRACTOR inw implementation Prevention Plan (SWPPP) a meet meeting with the OWNER and ENGINEER prior to start of construction. 1.02 UNIT PRICES Unless indicated in the Unit Price Schedule as a pay item, no separate payment will be made for work performed under this Section Include cost of work perfouned under this Section in pay items for which this work is a component. 1.03 REFERENCES A. ASTM D3786 — StandardBursting Strength for Knitted Goods and Nonwoven Fabrics B. ASTM D4632 — Standard Test Method for Grab Breaking Load and Elongation of Geotextiles 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION 3.01 NOTICE OF INTENT The CONTRACTOR shall fill out, sign, and date the CONTRACTOR' s Notice of Intent (NOI) attached as Figure 01565-1 at the end of this Section. The signed copy of the CONTRACTOR'S NOI shall be returned to the OWNER. The OWNER will complete the OWNER' s Notice of Intent attached as Figure 01565-2 and will submit both notices to the 01565-1 04/00 CITY OF PEARLAND EPA. Submission of the NOI is required by both the OWNER and the CONTRACTOR before construction operations start. 3.02 CERTIFICATION REQUIREMENTS A. On the Operator's Information form attached as Figure 01565-3 the CONTRACTOR shall fill out name, address and telephone number for the CONTRACTOR the names of persons or firms responsible for maintenance and inspection of erosion and sediment control measures and all Subcontractors. B. The OWNER will complete and sign the OWNER'S Certification, shown as Figure 01565-4 and return a copy to the CONTRACTOR for inclusion with other project certification forms. C. The CONTRACTOR and Subcontractors named in the Operator's Information form shall read, sign, and date the CONTRACTOR's/Subcontractor's Certification form, attached as Figure 01565-5. D. The persons or firms responsible for maintenance and inspection of erosion and sediment control measures shall read, sign, and date the CONTRACTOR's Inspection and Maintenance Certification form, attached as Figure 01565-6. E The Operator's Information form and all certification forms shall be submitted to the OWNER before beginning construction NPDES REQUIREMENTS 3.03 RETENTION OF RECORDS A. The CONTRACTOR shall keep a copy of the Storm Water Pollution Prevention Plan at the construction site or at the CONTRACTOR's office from the date that it became effective to the date of project completion. B. At project closeout, the CONTRACTOR shall submit to the OWNER all NPDES forms and certifications, as well as a copy of the SWPPP. Storm water pollution prevention records and data will be retained by OWNER for a period of three (3) years from the date of project completion 3.04 REQUIRED NOTICES A. The following notices shall be posted from the date that this SWPPP goes into effect until the date of final site stabilization: 1. Copies of the Notices of Intent submitted by the OWNER and CONTRACTOR and a brief project description, as given in Paragraph 1.1 of the SWPPP, shall be posted at the construction site or at CONTRACTOR'S office in a prominent place for public viewing. 2. Notice to drivers of equipment and vehicles, instructing them to stop, check, and clean tires of debris and mud before driving onto traffic lanes. Post such notices at every stabilized construction exit area. 3. In an easily visible location on site, post a notice of waste disposal procedures. 04/00 01565-2 CITY OF PEARLAND 4. Notice of hazardous material handling and emergency procedures shall be posted with the•NOI on site. Keep copies of Material Safety Data Sheets at a location on site that is known to all personnel. 5. Keep a copy of each signed certification at the construction site or at CONTRACTOR's office. END OF SECTION 04/00 NPDES REQUIREMENTS 01565-3 CITY OF PEARLAND NPDES REQUIREMENTS THIS FORM REPLACES PREVIOUS FORM 3510.E (8-92) Farm Approved. A r,.poteiIt8sl-ae See Reverse for Instructions United States Environmental Protection Agency NPDES Washington, DC 20460 FORM Notice of Intent (NO1) for Storm Water Discharges Associated with Industrial Activity Under a NPDES Permit Submission of this Notice of Intent constitutes notice that the party identified In Section II of this form intends to beauthorized by aNPDES permit issued for scomply with he terms and conditions of theupermit activity L NECESSARY tSAa te RY INFO MAd In T Section MUST BE PROVIIII of this forms BecomingN THIS FORM. obligates such discharger to I. Permit Selection: Y6 u must indicate the NPDES Storm Water ggeneerai permit uillnder which you are applMulying for cover. Check one of these. roil B Sector Industrial Construction . (Group aEPA p. Facility Operator Information. Name: l 1 1 t 1 1 1 ( 1 1 1 t t 1 1 t r 1 1 1 1 1 1 1. 1 1 1' 1 1 (Phone:{ 1 J 1 1 1 r 1 1 Status of T7 Address: 1 1 1 1 r t 1 1 1 l r r t 1 1 i 1 1 1 1 I I 1 Y t. i 1 1 i t_ 1 1 1 Owner/Operator City: 1.-1 1 1 1 1 1 1 1 l l l l i t t l t i t l i 1 State r 1 ZIP .Code: I tit! I III. Facility/Site Location Information 1. Y t 1 1 I 1 1 r 1 1 1 1 t i i t 1 1 t t 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 '1 1 1 1 State: I [ .I ZIP Code:) 1 Name: Addresa:I 1 1 I) 1 1 1 1 i 1 f 1 t City: 1 1 1 1 1 1 1 1 1 1 1 1' 1 1 Latitude: 1 I 1 .1 1 I Longitude:l I I Is the facility located on n Indian Lanus? (Y or N) IQuanerl 1 ISectionI 1 1 Township:.l 1 1 r 1 Ranger r 1 1 I IV. Site Activity Information MS4 Operator Name: I I i f 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 t 1 '1 1 1 1 1 1 1 _. 1 1. 1 1 1 1 1 1 l 1 1 1 1 1 Receiving WaterBody: I , 1 If you are filing as a co-permittee, enter storm water general permit number: SIC or Designated Activity Code Primary: lilt 1 t t 1 1 t i 1 1 1 2nd:I Is the facility. required to submit monitoring' data? (1, 2,- 3, or 4) if You Have Another Existing NPDES 1 1 1 1 i 1 1 1 1 Permit, Enter Permit Number: 1 -1 V .Additional Information Required for Construction Activities Only Project Start Date;'. Completion bate: Estimated Area to be 11 1- I ( 1 I i l r l Disturbed (In Acres): I Multi -Sector Permit Applicants Only. Based on the Instructions provided n Addendum H of the Multi -Sector permit, are species identified in Addendum H in proximity to the storm water discharges to be covered under this permit, or the areas of. BMP construction to control those storm water discharges? (Y or N) Will constriction (land disturbing activities) be conducted for storm water controls? (Y or N) Is applicant subject to and incompliance with a written. historic preservation agreement? (Y or N) 1 VI. Certification: The certifica ion statement n Box 1 applies to applicants. The certifica ion; statement in Box 2l applies on to facilities applying 1 1 SOX 1 ALL APPLICANTS: I certify under penalty of law that this document. and al attachments were prepared under my direction or supervision in accordance with et system designed to assure that qualif ed personnel properly gather and evaluate the information submitted, Based on my inquiry of the person or persons who manage the system, or those parsons directly responsible forgatheringinformation submitted is, to the bet of my koiede and belief, true accurate and complete, I am aware that there are sign (leant penalties for submitting false information, including the possibility of fine and imprisonment for knowing viola Ions. • Print Name: Li i 1 'lilt I, Signature EPA -term 35104 08-98) 04/2002 Is the Storm Water Pollution Prevention Plar Incompliance with State and/or Local 1 sediment and erosion plans? (Y or N) for the Multi -Sector storm water general permit.. BOX 2 MULTI -SECTOR STORM WATER GENERAL PERMIT APPLICANTS ONLY: I certify under penalty oflaw that I have read and understand Part B, eligibility requirements for coverage under the Multi -Sector storm water general permit, including those requirements relating to the protection of species identified In Addendum H. To the best of my knowledge, the discharges covered under this permit, and construction. of BMPsto control storm water run-off; are not likely to and will not likely adversely affect any species Identified in Addendum H of the Multi -Sector storm water general permit or are otherwise elig ble for coverage due to previous authorization under tQhe Endangered Species Act. To controlsstormwater"run of id onotrhave athat ffsuch ct on properties lusted or construction a for BMPs llistting on National Register of Histonc Places under the National H stork Preservat on Act, or are otherwise el Ste for coverage due to a previous agreementunder the National Historic Preservation Act i understand that continued coverage under the Multi -Sector general permit is contingent upon maintaining eligibility as provided for in Part LB. 1 1 t 1 1 I I 1 r 1 I t I' 1 r 1 i 1 1 1 Date:I. 01565-4 CITY OF PEARLAND NPDES REQUIREMENTS Instructions -'EPA Form 351Q-6 Notice Of Intent For Storm erred UndeDischarges a N DES Generalted Permlth Industrial Activity Who Must FIN ANotiw Of kttent (NQI) Form swans low at40CFRPart 122 prohibits point saecediadonposofMoms water alsoolYrd with *funnel activity boa wets* ZofleaUS. vnitout a Naomi Pollutant Olochellin V� General Pernik discharge youmum have �^s�ats_. opMMot under ii mows*Storm NPDEs stomp Wee rofgem, or If you need information as to 10about ante you need f tea particular Notice of ni"'°t. termadminietonst bys 4 st (so ) or 4&s-41 *tote MtsPt'ona a Y Whets To Fite NOI Form NOi* mutt be Sent b the following oddness: Storm1 Constitution Meru Intent Washington DC 20400 Completing Th 1 Form You mottype prinkusing letters, t-ay. Piss, umhchrd(between lie ,on necessary So pay within the numberant *lowed for each km, UMeks between via*, tut iNpointintsdon menu unless low ,sneeotDo .iyou Mwant rm call IllMoat bfMeant PrvcwYgCrier at001)4SS. 4145:: Section I PSITllit :fe(IlGtiotl mums Imitate the NPOESMom vwgartMrM+pneelins ip India* 6Ne a a cornets issued one t a *My, m1 '► , The :.' tSaetor Pan* b solestiw parrots Wther I, were issued M $aptem Seed the 8 Facility f t Operator Info, arm, The RAY Provide the !opal Rene l the person, pipet• public a tkn. or arty other Way thet or it se thevor w*asnowed)nf naptThe pattyNteareel or not M the inane n the opens of operation, ne faDo itU1y"rcole quialO eta ms(vs cmpstomtnardeeptl»p a operator, user cuMuqutM rNrM: Erttet vs complete sons and telephone rdYty: Enter the approPdar letter to Macao the legal Meat of ele opsrdpr of tea. F •,Fedarei: $ • State; M • Public (other then fides Ate Wte)i P ,■. thigt100 III facility/Site I.ocstton tnfor+rnstion Fester the WOO or site's official or MOO name and does*, prep oddness, oily, ppskw a ZI Pan* not provide a the f lily w she leeks s sstha treetstsd*idsgs Indica r auto Wit either the atitudeend it2ltude ofdt*ys the ap6se conds IX the h ue+ i approximate r . l rsor Permit Mello* the omptcgset addressing aktherthy� the nearest 15 acorn* at tfittatsq section, toNrMhlpt end tango (to ttsereat quota, section) of fee appmxlenst center of tea YHs. All ensile -ants must Indiyte.whether the reality :ietlocated on Indian lend*, Beetle++ N Site Activity Intormr!tloft ti water a to's muniolW I. aspen* setram sewer *yawn Sae), site` us* name* oW+� of. Use MS4lgfroon (S 4htSi MS4N fdeM>sdmdxt�icisyconvoyona li county limitmg tich n tsystem of ooneeyances toidt With »*yts; ctnW, caters, • tnan•made •or fir''" *aim) that r coupes or optistedi by Y stmts. oily, town,.bamlgiu bounty, w gioutt odstion, of odor public body Which la (maenad or used for or convoying stain water) if the faeltJMach tten dam water stir d►y to making wster(s),• enter Ova nine of the rnceivMO weler(s)r N you ow Ping step Ni+ a co-penne and a dorm waer,gatorM paint number hes Mon inured, enter number M the piece provided. India* ell morwa ingMatte a the focih t Neserioeta pMYmlttor MfotnrMbn on requiremanta. Indicate the monitoring Motu* by snoring. ono of • the toasting: 1 • lot {ant b monitoring require( ens bend pant* 2 ■ 'u°"b monitatrp rsquken»nr IFaw 4 ■ Ekb� b mishit ttn0 req but ocAiscadon for tint indesowidtp order ofYdnlMuna:upbtwo4•d eWtvMddo deeetNtedon apd n stMeats the a fa altiailld construction Sit eral ten*, SMss (wsection Itl of this hich +r eYrt cods tow- tormtitspi For unsaid acYsitiss deemed in 40 C R 122.26(bx14X0•00 SIM done* Y i e SIC Chet sconiety bssalbe the principal products product* or d, the toaowing 2.tlwsciar codes.. HZ • Nsrsrdoua waste treatment, Sir lwon' teRwa0 that two undo( Inteten status ate ender aegMsC1C 122. 04/2002 4r�ifr t4tart�i pecWon Y n and open dunes that one or hew t subtitle lF ■ t to t alaben tinder s+ bt tie any Jndusuwt opts es, including those !tat teen's bjec u�' c or RCRA lea cfR 122.20itt14)(v)) sties �p t FR SE* Steam electric power generating fealties. *Moline coii harnw*tnn9 122126(b){14)(vfi)), TW • Treatment wnrits treating domestic sewage or any otter sewage sludge or wa8tewater treatment device Or system, used in the storage, treatment; recycling... and reclamation of municipal Or domestic sewage 00 CFR 122,26(b)(0x)), or. co • cotlstr i4 n advises 14t) CFR 12Z>26tb)(i4)44 NMeals toothy NPOEUpermitp Issuedtor twtad ltyorills Mats:MSaiion. ID. IMet the permit number. II eviappinstion for ell Wily has been eutiineeed but no permit number hen ban tempted, enter the application questions Rotor to Addendum fi of the WS-S• *sr ths titulifiSector storm water genets* permit most gSOS Moats eneral ineproposed orliods anden, IMP Ae�ninPathos'that pto wad storm water MtWalrgse. Indians vita* any construction still be conducted to Install or dewtop nxrollcontrols. Section V Additional information Required for Construction Act)vttiss Only Construction cavities mutt tom** Section V M add atort for Seam* t enough N. Only constructwm *Minns need to anion Section V, Enter the prat* sten date and the intimated contention date for the ontire development Plat provide en egattehe d the Mei teethe( of sane of the site on wadi soli YAW disturbed (round aan navel acre).' Midge whiting the stain rotor pollution prswMion Wan for N1c pie t$ M 404104 14 with approved state andlor local **dime* and motion pens, p1NMlte, or storm water Section VI Ce t1QCntion Federal status. provide ' for mare pane fix submitting fine Mformsllon on the application form, federal rogulationo *quire the lion tovditch , (be YiOtted tee follows: For eo surterrr: cointef enttofthe W CZ/Wale tien 11(ha Oa Of Priric(pgga busl4tate$s u W '! et any other person who pRrfarms sin, Par polity ter docrsiomnbmakinii functions, uncttions y1rxJ in the manager of One w more me fulacturirte ormluclwn, aWpptH ne 14434444 micsadin9 then t(aut SatiindirannOr I980 del gross ten 9 die y nual to stgmsd#ciini nls has beat aisiig smidgen or date$ated to tea mstragic In actordsnOs with corporals prooedureas For s'parhtor:MP or soM pnprbfoah4 : by a eons*, *Ma Or to proprrtor; or, Brix rlcrj4 eMs#ed oeocro or offs intik NOW by Shier a prktetpai encutiw P penvoirrrlpt Reduction tApct Notice yipg Utne torte *viewiing MriO sardineed to d«a°bhowl oteces rYtisywtc) ere data needed. and gomMotin9 sand tomments regarding the burden est (notes, a 91 es>$$"�ggd ols� risWhich may i ice rt o r or sug esti#hs gOrnpnoving th s form, including d h21361U.S. no iclratat increase or reduce the burden to; Chief, NtllwrahOn PWGy Wrench; Of Protection Agency 1200 PennsylvaniaAve• NW, Washinglon, OG 20460. �d Bud9ek Wash Sidi( Onto 205a3nation end Rggula or Affairs, Office`of Management 01565-5 CITY OF PEARLAND NPDES REQUIREMENTS OPERATOR'S INFORMATION Owner's Name and Address: Contractor's Names and Addresses: General Contractor: Site Superintendent: Erosion Control and Maintenance Inspection: Telephone: Telephone: Telephone: Subcontractor's Names and Addresses: Phone: Phone: 01565 - 6 04/00 CITY OF PEARLAND NPDES REQUIREMENTS CERTIFICATION FOR NPDES PERMITTING I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information. The information submitted is, to the best of my knowledge and belief, true accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment for knowing violations. Signature: Name: (printed or typed) Title: Date: City of Pearland 01565 - 7 04/00 CITY OF PEARLAND NPDES REQUIREMENTS CONTRACTOR'S / SUBCONTRACTOR'S CERTIFICATION I certify under penalty of law that I understand the terms and conditions of the general National Pollutant Discharge Elimination System (NPDES) permit that authorizes the storm water discharges associated with industrial activity from the construction site identified as part of this certification. Signature: Name. (printed or typed) Title: Company: Address: Signature: Name: (printed or typed) Title: Company: Address: Signature: Name: (printed or typed) Titles Company: Address: 01565 - 8 04/00 CITY OF PEARLAND NPDES REQUIREMENTS EROSION CONTROL CONTRACTOR'S INSPECTION AND MAINTENANCE CERTIFICATION CERTIFICATION I certify under penalty of law that I understand the terms and conditions of the general National Pollutant Discharge Elimination System (NPDES) permit that authorizes the storm water discharges associated with industrial activity from the construction site identified as part of this certification. Signature: Name: (printed or typed) Title: Company: Address: Date: 01565 - 9 04/00 aH as Z0 o co z �V aW OH H a 0 H° H Ug rt211 t O ra 0 Ps w g Si 1.5 W� LOCATION CONTROLS 0 kin In 0 CITY OF PEARLAND SOURCE CONTROLS FOR EROSION AND SEDIMENTATION SECTION 01566 SOURCE CONTROLS FOR EROSION AND SEDIMENTATION 1.0 GENERAL 1.01 SECTION INCLUDES Description of erosion and sediment control and other control -related practices which shall be utilized during construction activities. 1.02 UNIT PRICES Unless indicated in the Unit Price Schedule as a pay item, no separate payment will be made for work performed under this Section. Include cost of work performed under this Section in pay items of which this work is a component. 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION 3.01 PREPARATION AND INSTALLATION A. No clearing and grubbing or rough cutting shall be permitted until erosion and sediment control systems are in place, other than site work specifically directed by the ENGINEER to allow soil testing and surveying. B. Equipment and vehicles shall be prohibited by the CONTRACTOR from maneuvering on areas outside of dedicated rights -of -way and easements for construction. Damage caused by construction traffic to erosion and sediment control systems shall be repaired immediately by the CONTRACTOR. C. The CONTRACTOR shall be responsible for collecting, storing, hauling and disposing of spoil, silt and waste materials as specified in this or other Specifications and in compliance with applicable federal, state, and local rules and regulations D. CONTRACTOR shall conduct all construction operations under this Contract in conformance with the erosion control practices described in the Drawings and this Specification. E. The CONTRACTOR shall install, maintain, and inspect erosion and sediment control measures and practices as specified in the Drawings and in this or other Specifications 3.02 TOPSOIL PLACEMENT FOR EROSION AND SEDIMENT CONTROL SYSTEMS A. When topsoil is specified as a component of another Specification, the CONTRACTOR shall conduct erosion control practices described in this Specification during topsoil placement operations. 04/00 01566-1 CITY OF PEARLAND 1. When placing topsoil, maintain erosion and sediment control systems, such as swales, grade stabilization structures, berms, dikes, silt fences, and sediment basins. 2. Maintain grades which have been previously established on areas to receive topsoil. 3. After the areas to receive topsoil have been brought to grade, and immediately pnor to dumping and spreading the topsoil, loosen the subgrade by discing or by scarifying to a depth of at least 2 inches to permit bonding of the topsoil to the subsoil. SOURCE CONTROLS FOR EROSION AND SEDIMENTATION 3.03 DUST CONTROL A. Implement dust control methods to control dust creation and movement on construction sites and roadsond to p revent systems,ito�educa on -site and off -site damage,rne siment from reaching ng to streams or storm water conveyance Veyan e prevent health hazards, and to improve traffic safety. B. Control blowing dust by using one or more of the following methods: 1. Mulches bound with chemical binders. 2. Temporary vegetative cover. 3. Tillage to roughen surface and bring clods to the surface. 4. Irrigation by water sprinkling. 5. Barriers using solid board fences, burlap fences, crate walls, bales of hay, or similar materials. C. Implement dust control methods immediately whenever dust can be observed blowing on the project site. 3.04 KEEPING STREETS CLEAN A. Keep streets clean of construction debris and mud carried by construction vehicles and equipment. If necessary to keep the streets clean, install stabilized construction exits at construction, staging, storage and disposal areas. A vehicle/equipment wash area (stabilized with coarse aggregate) may be installed adjacent to the stabilized construction exit, as needed. Release wash water into a drainage swale or inlet protected by erosion and sediment control measures Construction exit and wash areas are specified in Section 01550 - Stabilized Construction Exit. B. In lieu of or in addition to stabilized construction exits shovel or sweep the pavement to the extent necessary to keep the street clean. Waterhosing or sweeping of debris and mud off of the street into adjacent areas is not allowed. 01566 - 2 04/00 CITY OF PEARLAND 3.05 EQUIPMENT MAINTENANCE AND REPAIR A. Confine maintenance and repair of construction machinery and equipment to areas specifically designated for that purpose. Locate such areas so that oils, gasoline, grease, solvents, and other potential pollutants cannot be washed directly into receiving streams or storm water conveyance systems. Provide these areas with adequate waste disposal receptacles for liquid as well as solid waste. Clean and inspect maintenance areas daily. B. On a construction site where designated equipment maintenance areas are not feasible, take precautions during each individual repair or maintenance operation to prevent potential pollutants from washing into streams or conveyance systems. Provide temporary waste disposal receptacles. 3.06 WASTE COLLECTION AND DISPOSAL A. CONTRACTOR shall formulate and implement a plan for the collection and disposal of waste materials on the construction site. In plan, designate locations for trash and waste receptacles and establish a collection schedule Methods for ultimate disposal of waste shall be specified and carried out in accordance with applicable local, state and federal health and safety regulations. Make special provisions for the collection and disposal of liquid wastes and toxic or hazardous materials. B. Keep receptacles and waste collection areas neat and orderly to the extent possible. Waste shall not be allowed to overflow its container or accumulate from day-to-day. Locate trash collection points where they will least likely be affected by concentrated storm water runoff SOURCE CONTROLS FOR EROSION AND SEDIMENTATION 3.07 WASHING AREAS Vehicles such as concrete delivery trucks or dump trucks and other construction equipment shall not be washed at locations where the runoff will flow directly into a watercourse or storm water conveyance system. Designate special areas for washing vehicles. Locate these areas where the wash water will spread out and evaporate or infiltrate directly into the ground, or where the runoff can be collected in a temporary holding or seepage basin. Beneath wash areas construct a gravel or rock base to minimize mud production. 3.08 STORAGE OF CONSTRUCTION MATERIALS AND CHEMICALS A. Isolate sites where chemicals, cements, solvents paints, or other potential water pollutants are stored in areas where they will not cause runoff pollution. B. Store toxic chemicals and materials, such as pesticides, paints, and acids in accordance with manufacturers' guidelines Protect groundwater resources from leaching by placing a plastic mat, packed clay, tar paper, or other impervious materials on any areas where toxic liquids are to be opened and stored. 3.09 DEMOLITION AREAS Demolition activities which create large amounts of dust with significant concentrations of heavy metals or other toxic pollutants shall use dust control techniques to limit transport of 01566-3 04/00 SOURCE CONTROLS FOR CITY OF PEARLAND EROSION AND SEDIMENTATION airborne pollutants However, water or slurry used to control dust contaminated with heavy metals or toxic pollutants shall be retained on the site and shall not be allowed to run directly into watercourses or storm water conveyance systems. Methods of ultimate disposal of these materials shall be carried out in accordance with applicable local, state, and federal health and safety regulations. 3.10 SANITARY FACILITIES Provide the construction sites with adequate portable toilets for workers in accordance with Section 01500 - Temporary Facilities and Controls and applicable health regulations. 3.11 PESTICIDES Use and store pesticides during construction in accordance with manufacturers' guidelines and with local state, and federal regulations. Avoid overuse of pesticides which could produce contaminated runoff. Take great care to prevent accidental spillage Never wash pesticide containers in or near flowing streams or storm water conveyance systems. END OF SECTION 04/00 01566 - 4 CITY OF PEARLAND SECTION 01570 TRENCH SAFETY SYSTEM TRENCH SAFETY SYSTEM 1.0 GENERAL 1.01 SECTION INCLUDES A. Trench safety system for the construction of trench excavations. B. Trench safety system for structural excavations which fall under provisions of State and Federal trench safety laws. 1.02 UNIT PRICES A. Measurement for trench safety systems used on excavations lother 1 neinear t basis measured along the centerline of the trench,including manholes and structures. No separate measurement will be made of shoring systems used by the CONTRACTOR for protection unless identified as Special Shoring on the Drawings. Shoring, other than Special shoring, will be included in the trench safety system measurements. Measurement for Special Shoring system installations shown on the Drawings and included in the bid schedule for trench excavations, is on a square foot basis. C. No payment will be made for payment for trench safety system in applicable structure under this section Include installation sections. D. Refer to Section 01200 - Measurement and Payment for unit price procedures. 1.03 DEFINITIONS A. A trench is defined as a narrow excavation (in relation to its depth) made below the surface of the ground. In general, the depth is greaterr ranthan 5 an the width, but the width of a trench (measured at the bottom) is not t B. The trench safety system requirements apply to larger open excavations if the erection of structures or other ns equivalent to a trench as definedxcavation slope and the installation to dimensio C. Trench Safety Systems include both Protective Systems and Shoring Systems but are not limited to sloping, sheeting, trench boxes or trench shields slide rail systems, sheet piling cribbing, bracing, shoring, dewatering or diversion of water to provide adequate drainage. 1. Protective Systems: A method of protecting employees from cave-ins, from material that could fall or roll from an excavation face or into an excavation, or from the collapse of an adjacent structure. 01570 -1 04/00 CITY OF PEARLAND TRENCH SAFETY SYSTEM 2. Shoring System: A structure that supports the sides of an excavation and which is designed to prevent cave-ins, or to prevent movements of the ground affecting adjacent installations or improvements. 3. Special Shoring: A shoring system meeting Special Shoring Requirements for locations identified on the Drawings. 1.04 SUBMITTALS A. Submittals shall conform to requirements of Section 01350 - Submittals. B. Submit a safety program specifically for the construction of trench excavation. Design the trench safety program to be in accordance with OSHA 29CFR standards governing the presence and activities of individuals working in and around trench excavations, and in accordance with any Special Shoring requirements at locations shown on the Drawings. C. Have construction and shop drawings for trench safety systems sealed as required by OSHA by a licensed Professional ENGINEER retained and paid by the CONTRACTOR. D. Review of the safety program by the ENGINEER will only be in regard to compliance with the Contract Documents and will not constitute approval by the ENGINEER nor relieve CONTRACTOR of obligations under State and Federal trench safety laws. 1.05 REGULATORY REQUIREMENTS A. Install and maintain trench safety systems in accordance with the provision of Excavations, Trenching, and Shoring Federal Occupation Safety and Health Administration (OSHA) Standards 29CFR, Part 1926 Subpart P, as amended, including Final Rule published in the Federal Register Vol. 54, No. 209 on Tuesday, October 31, 1989. The sections that are incorporated into these specifications by reference include Sections 1926-650 through 1926-652. B. A reproduction of the OSHA standards included in "Subpart P — Excavations" from the Federal Register Vol. 54, No. 209 is available upon request to CONTRACTORS bidding on OWNER' s projects The OWNER assumes no responsibility for the accuracy of the reproduction. The CONTRACTOR is responsible for obtaining a copy of this section of the Federal Register. C. Legislation that has been enacted by the Texas Legislature with regard to Trench Safety Systems, is hereby incorporated, by reference into these specifications. Refer to Texas Health and Safety Code Ann., §756.021 (Vernon 1991). 01570 - 2 04/00 CITY OF PEARLAND TRENCH SAFETY SYSTEM D. Reference materials, if developed for a specific project, will be issued with the Bid Documents, including the following: 1. Geotechnical information obtained for use in design of the trench safety system 2. Special Shoring Requirements. 1.06 INDEMNIFICATION A. CONTRACTOR shall indemnify and hold harmless the OWNER, its employees, and agents, from any and all damages, costs (including, without limitation, legal fees, court costs, and the cost of investigation), judgments or claims by anyone for injury or death of persons resulting from the collapse or failure of trenches constructed under this Contract. B. CONTRACTOR acknowledges and agrees that this indemnity provision provides indemnity for the OWNER in case the OWNER is negligent either by act or omission in providing for trench safety, including, but not limited to safety program and design reviews, inspections, failures to issue stop work orders, and the hiring of the CONTRACTOR. 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION 3.01 INSTALLATION A. Install and maintain trench safety systems in accordance with provisions of OSHA 29CFR. B. Specially designed trench safety systems shall be installed in accordance with the CONTRACTOR'S trench excavation safety program for the locations and conditions identified m the program. Install Special Shoring at the locations shown on the Drawings. C. Obtain verification from a competent person, as identified in the CONTRACTOR'S trench excavation safety program that trench boxes and other premanufactured systems are certified for the actual installation conditions. 3.02 INSPECTION A. Conduct daily inspections by CONTRACTOR or CONTRACTOR'S independently retained consultant, of the trench safety systems to ensure that the installed systems and operations meet OSHA 29CFR and other personnel protection regulations requirements. B. If evidence of possible cave-ins or slides is apparent, immediately stop work in the trench and move personnel to safe locations until necessary precautions have been taken to safeguard personnel. 04/00 01570-3 CITY OF PEARLAND TRENCH SAFETY SYSTEM C. Maintain a permanent record of daily inspections. 3.03 FIELD QUALITY CONTROL Verify specific applicability of the selected or specially designed trench safety systems to each field condition encountered on the project. END OF SECTION 04/00 01570 - 4 CITY OF PEARLAND PROJECT IDENTIFICATION SIGNS SECTION 01580 PROJECT IDENTIFICATION SIGNS 1.0 GENERAL 1.01 SECTION INCLUDES A. Project identification sign description. B. Installation. C. Maintenance and removal. 1.02 UNIT PRICES A. No separate payment will be made for design, fabrication installation, and maintenance of project identification signs under this Section. Include cost of work performed under this Section in the pay item for Section 01505 - Mobilization. B. If changes to project identification signs are requested by the City Engineer to keep them current, payment will be made by change order. C. Skid -mounted signs shall be relocated as directed by the City Engineer at no additional cost to the City. Post -mounted signs shall be relocated once if directed in writing by the City Engineer, at no additional cost to the City. If a post-mounted sign is relocated more than once at the written direction of the City Engineer, payment will be made by change order. 1.03 SYSTEM DESCRIPTION A. Sign Construction: Project identification signs shall be constructed of new materials and painted new for the project. Construct post -mounted signs as shown on Construction Sign Details. B. Appearance: Project identification signs shall be maintained to present a clean and neat look throughout the project duration. C. Sign Manufacturer/Maker: Experienced as a professional sign company. D. Sign Placement: Place signs at locations as directed by the City Engineer. The City Engineer will provide sign placement instructions at the Preconstruction Meeting. 1. A linear project is one involving paving, overlay, sewer lines, storm drainage, or water mains that run in the right-of-way over a distance. A linear project requires a project identification sign at each end of the construction site. 2. Single Site or Building Projects: Provide one project identification sign. 01580 - 1 04/00 CITY OF PEARLAND 3. Multiple Sites: Provide one project identification sign at each site. 4. Sign Relocation: As work progresses at each site, it may be necessary to move and relocate project identification signs. Relocate signs as directed in writing by the City Engineer. E. Alternate Skid -mounted Sign Construction: Post -mounted signs are preferred, but skid -mounted signs are allowed, especially for projects with noncontiguous locations where work progresses from one location to another. The skid structure shall be designed so that the sign will withstand a 60-mile-per-hour wind load directly to the face or back of the sign. Use stakes, straps, or ballast. Approval of the use of skid - mounted signs shall not release the CONTRACTOR from responsibility of maintaining a project identification sign on the project site and shall not make the City responsible for the security of such signs. PROJECT IDENTIFICATION SIGNS 1.04 SUBMITTALS A. Submit shop drawings under provisions of Section 01350 - Submittal Procedures. B. Show content, layout, lettering style, lettering size, and colors. Make sign and lettering to scale, clearly indicating condensed lettering, if used. 2.0 PRODUCTS 2.01 SIGN MATERIALS A. Structure and Framing: All sign materials shall be new. 1. Sign Posts. Use 4-inch by 4-inch wood posts, 8 feet long for skid mounting and 12 feet long minimum for post hole mounting to set top of posts at 8 feet above existing grade. 2. Sign Header Supports and Skid Bracing: 2-inch by 4-inch wood framing material. 3. Skid Members: 2-inch by 6-inch wood framing material. 4. Fasteners: a. Use galvanized steel fasteners. b. Use 1/4-inch by 51/2-inch button head carriage bolts to attach sign to posts and'/2-inch by 3'/2-inch to attach sign header to sign. Secure with nuts and flat head washers at locations shown on the detail titled. Project Sign Construction. c. Cover button heads with white reflective film or paint to match sign background. 01580-2 04/00 CITY OF PEARLAND Sign and Sign Header: Use marine plywood, minimum 3/4-inch thick. Use full-size 4-foot by 8-foot sheets for sign and a single piece for header to minimize joints do not piece wood to fabricate a sign face. C. Paint and Primers: White paint used to prime surfaces and to resist weathering shall be an industrial grade, fast -drying, oil -based paint with gloss finish. Paint structural and framing members white on all sides and edges to resist weathering. Paint sign and sign header material white on all sides and edges to resist weathering. Paint all sign surfaces with this weather -protective paint prior to adding any sign paint or adhesive applications. PROJECT IDENTIFICATION SIGNS D. Colors: 1. Sign and Header Background: Sign and sign header backgrounds shall be industrial grade, reflective white. Use 3M Scotchlite Engineer Grade Pressure Sensitive Sheeting (White), or approved equal. 2. Sign Border: Add 21/2-inch-wide red border along the four edges of the project sign. Do not apply the border to the sign header. For border use industrial grade reflective red. Use 3M Scotchlite Engineer Grade, Pressure Sensitive Sheeting (Red), or approved equal. 3. Sign Film: Make legends, symbols, lettering, and artwork from 3M Scotchcal Pressure Sensitive Films, or approved equal. Match colors to the following 3M Scotchcal Pressure Sensitive Films. a. All Lettering: Vivid Blue b. Rainbow Graphic on Header for Neighborhoods to Standard (1) Dark Violet (2) Intense Blue (3) Kelly Green (4) Bright Yellow (5) Bright Orange (6) Tomato Red E City Seal and Other Logos: The City Engineer will provide seals and other logos to the CONTRACTOR, as needed. 2.02 SIGN LAYOUT A. Lettering: 1. Style, Size, and Spacing: Prepare the sign using uppercase Helvetica Regular lettering of the height and spacing shown on the Drawings. 2. Condensed Style: Lettering for variable text may be condensed if needed to maintain sign composition 01580-3 04/00 CITY OF PEARLAND PROJECT IDENTIFICATION SIGNS B. Composition: 1. Lines with Variable Text a. Line 1 typically reads THIS PROJECT IS FINANCED BY THE CITIZENS OF THE CITY OF PEARLAND However when Community Development funds are used for any part of the project, Line 1 shall read, THIS PROJECT IS FINANCED BY FEDERAL COMMUNITY DEVELOPMENT FUNDS. Other text could be substituted depending on the funding source for the Project. b. Line 2 gives the project name and dollar amount for project construction. (1) The City Engineer will provide the project name to the CONTRACTOR for preparation of the sign. If a dollar amount is specified, the project name is left justified and can cover up to 56 inches of line length. If no dollar amount is given on the sign the project name is centered and can cover the full line length In either case, the lettering may be condensed, if necessary. (2) The City Engineer will provide the CONTRACTOR with the dollar amount to be included on the sign If a dollar amount is specified, the dollar amount is right justified and can cover up to 28 inches of line length c. Line 11 is for the firm name of the project Consultant. The City Engineer will provide the CONTRACTOR with the consultant's name to be included on the sign The word CONSULTANT, followed by a colon is left justified. The consultant s name follows the word CONSULTANT and can cover the remainder of the available line length, up to a total of 69 inches. The lettering may be condensed, if necessary. d. Line 12 is for the firm name of the CONTRACTOR and the CONTRACTOR s telephone number. The word CONTRACTOR, followed by a colon, is left justified. The CONTRACTOR'S name and telephone number follow the word CONTRACTOR and can cover the remainder of the available line length, up to a total of 69 inches. The lettering may be condensed, if necessary; the telephone number may not be condensed 2. Lines with Standard Text: Lines 3 through 10 and 13 through 15 provide the names and titles for Mayor, Controller, Council Members Director of the Department of Public Works and Engineering, and the City Engineer. These lines will be placed exactly as shown on the Drawings with the same size and spacing as indicated. 01580 - 4 04/00 CITY OF PEARLAND PROJECT IDENTIFICATION SIGNS 3. Logo for the Department of Public Works and Engineering: A space approximately 12 inches high by 17 inches wide shall be reserved for the Public Works logo in the lower right corner of the sign. The City Engineer will provide the CONTRACTOR with the logo. The logo shall be affixed to the sign by the sign maker. 2.03 LAYOUT AND COMPOSITION FOR HEADERS A. Rectangular Sign Header: 1. A 1-foot by 4-foot sign header will be affixed to the top of the sign. An example of the rectangular sign header is illustrated on the standard detail labeled Construction Sign Standard - Public Works. 2. Standard Text: a. Line A states "Citizens of Pearland at Work" in Helvetica Regular initial capitals. b. Line B (optional) are the words FOR THE which make transition to optional variable text. 3. Variable Text: a. Line C (optional) is for the project s sponsoring department of the City of Pearland Refer to attached Table 01580-1, Sponsoring Departs cents and Directors. The department name will be given to the CONTRACTOR by the City Engineer. b. Line D (optional) is for the name and title of the director of the sponsoring department. Refer to attached Table 01580-1, Sponsoring Departments and Directors. The name of the department director will be given to the CONTRACTOR by the City Engineer. B. Elliptical Sign Header (Neighborhoods to Standard): 1. A 1'/2-foot by 6-foot half -ellipse sign header will be affixed to the top of the sign An example of this elliptical sign header is illustrated on the standard detail labeled Construction Sign Standard - Neighborhoods to Standard. 2. Standard Text: Line A identifies the project as Neighborhoods to Standard with Helvetical Regular lettering in initial capitals. 3. Variable Text: Line B of the header is a short description of the project area. The City Engineer will provide the CONTRACTOR with the project area to be included on the sign. C. City of Pearland Seal: A space approximately 12 inches in diameter shall be reserved for each City of Pearland seal on the sign header. The City Engineer will provide the CONTRACTOR with the seal. The seal shall be affixed to the sign by the sign maker. 01580-5 04/00 CITY OF PEARLAND PROJECT IDENTIFICATION SIGNS 3.0 EXECUTION 3.01 INSTALLATION A. Install project identification signs within seven (7) calendar days after Date of Commencement. B. Erect signs where designated by the City Engineer at the Preconstruction Meeting. Position the sign in such a manner as to be fully visible and readable to the general public. C. Erect sign level and plumb. D. If mounted on posts, sink posts at least 3 feet below grade. Stabilize posts to minimize lateral motion Leave a minimum of 8 feet of post above existing grade for mounting of the sign and header. E Erect sign so that the top edge of the sign, not the sign header, is at a nominal 8 feet above existing grade. 3.02 MAINTENANCE AND REMOVAL A. Keep signs and supports clean. Repair deterioration and damage. B. Remove signs, framing, supports, and foundations to a depth of 2 feet upon completion of Project. Restore the area to a condition equal to or better than before construction. END OF SECTION 04/00 01580-6 CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 ATTACHMENT TABLE 01580-1 SPONSORING DEPARTMENTS AND DIRECTORS SPONSORING DEPARTMENTS Police Department Fire Department Parks & Recreation Department Public Library Depait,uent Solid Waste Department of Housing and Community Di Depaitwuent Health & Human Services Department 04/00 DEPARTMENT DIRECTORS / CHIEFS velopment 01580 - 7 CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 SECTION 01580 PROJECT IDENTIFICATION SIGNS ************ NOTES TO SPECIFIER ************ THE FOLLOWING ITEMS SHOULD BE CHECKED FOR COORDINATION DURING DESIGN: A. Coordinate this specification with other related specifications including the following related Sections. RELATED SECTIONS Section 01350 - Submittal Procedures B. On projects financed by SRF, add the following as paragraph 3.02. Change existing paragraph 3.02 to 3.03. 3.02 TWDB SIGN A. The Texas Water Development Board (TWDB) will provide a sign for this Project if it is funded through the SRF. The sign will be placed alongside the Project Sign required by the City of Pearland in a manner and locaion 6 foot made of Ot080 aluminum and predrieeable to the B. The led with six� will be approximately 4 foot by 5/16-inch holes for mounting. The sign will read: CLEAN WATER FOR TEXAS (TEXAS WATER DEVELOPMENT BOARD SEAL) FINANCIAL ASSISTANCE PROVIDED BY TEXAS WATER DEVELOPMENT BOARD 01580-8 04/00 CITY OF PEARLAND GFS NO (FILE NO: Miscellaneous Road Improvement Projects - Group 2 CONTRACTOR CONTACT: INSTRUCTIONS TO SIGN MAKER (LIST COMPANY NAME): ACTION ITEMS: Make new sign(s) REVIEWED BY: Follow City standards attached Provide submittal (drawing) to City for project sign showing content, layout, lettering style, lettering size, and colors VARIABLE TEXT Line 11 Line 12 Header: Line B Project Financed by: Project Name: Consultant Contractor: FOR THE (Use only if line C or D is given.) Sponsoring Department: Department Director / Chief: Project Area (Neighborhoods to Standard project ONLY )' ATTACHMENTS INCLUDED SEALS / LOGOS City of Pearland STANDARDS Standard Specification Section 01580 - Project Identification Sign Contractor Telephone: ( ) Standard Detail 01580-01 (Public Works) 01580-02 (Neighborhoods to Standard 04/00 01580 - 9 CITY OF PEARLAND Miscellaneous Road Improvement Projects - Group 2 INSTRUCTIONS The preceding form is produced from ProBase at the request of the Project Manager. The Project Manager will prepare the form and present it at the Preconstruction Conference to the CONTRACTOR for his use. The form will contain the following information except that marked with an asterisk (*). The CONTRACTOR shall insert the information not included on the form and provide it to the sign maker with the CONTRACTOR'S purchase order. List GFS NO., (FILE NO.), Name of CONTRACTOR CONTACT, and name of City's Project Manager REVIEWED BY. INSTRUCTIONS TO SIGN MAKER: # * Give COMPANY NAME of sign maker. # Indicate QUANTITY of new signs to be made. # Sign maker follows City Standard for making signs. # Include quantity of submittals required from sign maker, who provides shop drawing of Project sign showing content, layout, lettering style, lettering size and colors. VARIABLE TEXT: # Sign Line 1 Line 2 Line 11 Line 12 # Header Line B Line C Line D Line B List source of funds for FINANCING project, if other than "by the Citizens of Pearland." Give PROJECT NAME Indicate amount financed. Give name of CONSULTANT. Give name of CONTRACTOR and his TELEPHONE NUMBER. Use the words FOR THE in conjunction with Lines C and D. Give name of SPONSORING DEPARTMENT, if applicable. Give name of DEPARTMENT DIRECTOR or CHIEF, if applicable. Use Line B to describe PROJECT AREA for a Neighborhoods to Standard project. ATTACHMENTS INCLUDED: # Seals/Logos Give quantity of seals included for each type listed (CITY OF PEARLAND). # Standards Give quantity for each of the Standards included (SPECIFICATION SECTION 01580 - PROJECT IDENTIFICATION SIGN applicable STANDARD DETAIL) 01580 - 10 04/00 CITY OF PEARLAND MATERIAL AND EQUIPMENT SECTION 01600 MATERIAL AND EQUIPMENT 1.0 GENERAL 1.01 SECTION INCLUDES Requirements for transportation, delivery, handling, and storage of materials and equipment. 1.02 PRODUCTS A. Products: Means material, equipment, or systems forming the Work. Does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work. Products may also include existing materials or components designated for reuse. B. Do not reuse materials and equipment, designated to be removed, except as specified by the Contract Documents. C. Provide equipment and components from the fewest number of manufacturers as is practical, in order to simplify spare parts inventory and to allow for maximum interchangeability of components. For multiple components of the same size, type or application, use the same make and model of component throughout the project. 1.03 TRANSPORTATION A. Make arrangements for transportation, delivery, and handling of equipment and materials required for timely completion of the Work. B. Transport and handle products in accordance with instructions. C. Consign and address shipping documents to the proper party giving name of Project, street number, and City. Shipments shall be delivered to the CONTRACTOR. 1.04 DELIVERY A. Arrange deliveries of products to accommodate the short term site completion schedules and in ample time to facilitate inspection prior to installation Avoid deliveries that cause lengthy storage or overburden of limited storage space. B. Coordinate deliveries to avoid conflict with Work and conditions at the site and to accommodate the following: 1. Work of other contractors or the City. 2. Limitations of storage space. 04/00 01600 - 1 CITY OF PEARLAND 3. Availability of equipment and personnel for handling products. 4. City's use of premises. C. Have products delivered to the site in manufacturer's original, unopened, labeled containers. MATERIAL AND EQUIPMENT D. Immediately upon delivery, inspect shipment to assure: 1. Product complies with requirements of Contract Documents. 2. Quantities are correct. 3. Containers and packages are intact; labels are legible. 4. Products are properly protected and undamaged. 1.05 PRODUCT HANDLING A. Coordinate the off-loading of materials and equipment delivered to the job site. If necessary to move stored materials and equipment during construction, CONTRACTOR shall relocate materials and equipment at no additional cost to the City. B. Provide equipment and personnel necessary to handle products including those provided by the City, by methods to prevent damage to products or packaging. C. Provide additional protection during handling as necessary to prevent breaking scraping, marring or otherwise damaging products or surrounding areas. Handle products by methods to prevent over bending or overstressing Lift heavy components only at designated lifting points. E, F. Handle materials and equipment in accordance with Manufacturer's recommendations. G. Do not drop, roll, or skid products off delivery vehicles. Hand carry or use suitable materials handling equipment. 1.06 STORAGE OF MATERIAL A. Store and protect materials in accordance with manufacturer's recommendations and requirements of these Specifications. B. Make necessary provisions for safe storage of materials and equipment. Place loose soil materials, and materials to be incorporated into the Work to prevent damage to any part of the Work or existing facilities and to maintain free access at all times to all parts of the Work and to utility service company installations in the vicinity of the Work. Keep materials and equipment neatly and compactly stored in locations that will cause a minimum of inconvenience to other contractors, public travel, adjoining 01600-2 04/00 CITY OF PEARLAND owners, tenants, and occupants. Arrange storage in a manner to provide easy access for inspection C. Restrict storage to areas available on the construction site for storage of material and equipment as shown on Drawings or approved by the City Engineer. Provide off -site storage and protection when on -site storage is not adequate. E. Do not use lawns, grass plots, or other private property for storage purposes without written permission of the owner or other person in possession or control of such premises. F. Protect stored materials and equipment against loss or damage. G. Store in manufacturers' unopened containers. H. Materials delivered and stored along the line of the Work shall be neatly, safely, and compactly stacked along the work site in such manner as to cause the least inconvenience and damage to property owners and the general public, and shall be not closer than 3 feet to any fire hydrant. Public and private drives and street crossings shall be kept open. 1. Damage to lawns sidewalks, streets or other improvements shall be repaired or replaced to the satisfaction of the City Engineer. The total length which materials may be distributed along the route of construction at any one time is 1,000 lineal feet, unless otherwise approved in writing by the City Engineer. 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION (NOT USED) 04/00 MATERIAL AND EQUIPMENT END OF SECTION 01600-3 D SUBSTITUTIONS CITY OF PEARLAND PRODUCT OPT SECTION 01630 PRODUCT OPTIONS AND SUBSTITUTIONS 1.0 GENERAL 1.01 SECTION INCLUDES A. Options for making product or process selections. B. Procedures for proposing equivalent construction products or processes, including preapproved, and approved products or processes. 1.02 DEFINITIONS A. Product: Means materials, equipment, or systems incorporated into the Project. sed for production fabrication, Product does not include machinery and equipment maY ualso include existing materials or conveying and erection of the Work. Products components designated for re -use. B. Process Any proprietary system or method for installing system components resulting in an integral, functioning part of the Work. For this Section, the word Product includes Processes. 1.03 SELECTIONS OPTIONS A. preapproved Products: Construction products of certain ai P mantactducts ouf ers or suppliers c are designated in the Specifications as pr pp o r manufacturers or suppliers will not be acceptable for this Project and till not be considered under the submittal process forpp s. ers or B. Approved Products: Construction products Specifications followed by the words "or lapprovedr suppliers designated in the Specific equal." isted in the Approval of alternate products or processes forproductand substitutions in cations may be obtained through provisionsProduct Document 00700 -General Conditions, and Theyroceduref or appmthe rval of alternate procedures specified in Section 00to Submittals. products. products is not applicablep pp C Product Compatibility: To the maximum extent possible, provide products that are of the same type or function from a single manufacturer make, or source Where more than one choice is available as a CONTRACTOR' s optio or selectin ae product by the OWNER. that is compatible with other products already selectedspecified, 1.04 CONTRACTOR'S RESPONSIBILITY A. The CONTRACTOR s responsibility related to product options and substitutions is defined in the General Conditions. B. Furnish information the ENGINEER deems necessary to judge equivalency of the alternate product. 01630 - 1 04/00 CITY OF PEARLAND PRODUCT OPTIONS AND SUBSTITUTIONS C. Pay for laboratory testing, as well as any other review or examination costs, needed to establish the equivalency between products in order to obtain information upon which the ENGINEER can base a decision. uct is not equal to that D. the es ENGINEER detthe mines that an alternate shall furnish one of the specified products.in the Specifications, the CONTRACTOR 1.05 ENGINEER'S REVIEW ing by the A. Alternate uctsThe or processes ENGINEER' s1d terminatioay be used n regarding acapproved ceptance of a proposed ENGINEER. Th alternate product is final. B. Alternate products will be accepted if the product is judged by the ENGINEER to be equivalent to the specified product or to offer substantial benefit to the OWNER C. The OWNER retains the right to accept any product or process deemed advantageous to the OWNER, and similarly, to reject any product or process deemed not beneficial to the OWNER. 1.06 SUBSTITUTION PROCEDURE A. Collect and assemble technical information applicable to the proposed product to aid in determining equivalency as related to the approved product specified. B. Submit a written request for a construction product to be considered as an alternate product. C. Submit the product information after the effective date of the Agreement and within the time period allowed for substitution submittals given in the General Conditions. After the submittal period has expired requests for alternate products will be considered only when a specified product becomes unavailable because of conditions beyond the CONTRACTOR'S control. Submit five (5) copies of each request for alternate product approval. Include the following information: 1. Complete data substantiating compliance of proposed substitution with Contract Documents. 2. For products: a. Product identification, including manufacturer's name and address. b. Manufacturer's literature with product description, performance and test data, and reference standards. Samples, as applicable. Name and address of similar projects on which product was used and date of installation. Include the name of the OWNER, Architect/ENGINEER, and installing CONTRACTOR. c. 04/00 01630 - 2 CITY OF PEARLAND PRODUCT OPTIONS AND SUBSTITUTIONS 3. For construction methods: a. Detailed description of proposed method. b. Drawings illustrating methods. 4. Itemized comparison of proposed substitution with product or method specified. 5. Data relating to changes in construction schedule. Relation to separate contracts, if any. 7. Accurate cost data on proposed substitution in comparison with product or method specified. 8. Other information requested by the ENGINEER. E Approved alternate products will be subject to the same reiew process as the data, and samples. specified product would have been for shop drawings, product 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION (NOT USED) END OF SECTION 04/00 01630 - 3 FIELD SURVEYING CITY OF PEARLAND SECTION 01720 FIELD SURVEYING 1.0 GENERAL 1.01 QUALITY CONTROL Conform to State of Texas laws for surveys requiring licensed surveyors. Employ a land surveyor acceptable to ENGINEER. 1.02 SUBMITTALS A. Submit to ENGINEER the name, address, and telephone number of Surveyor before starting survey work. B. Submit documentation verifying accuracy of survey work on request. C. Submit information under provisions of Section 01350 - Submittals. 1.03 PROJECT RECORD DOCUMENTS A. Maintain a complete and accurate log of control and survey work as it progresses. B. Submit Record Documents under provisions of Section 01350 - Submittals. 1.04 EXAMINATION A. Verify locations of survey control points prior to starting Work. B. Notify ENGINEER immediately of any discrepancies discovered. 1.05 SURVEY REFERENCE POINTS A. Control datum for survey is that established by OWNER -provided survey and indicated on Drawings. B. Locate and protect survey control points, including property corners, prior to starting site work; preserve permanent reference points during construction. C. Notify ENGINEER 48 hours in advance of need for relocation of reference points due to changes in grades or other reasons. D. Report promptly to ENGINEER the loss or destruction of any reference point. E. CONTRACTOR shall reimburse OWNER for s ost freestablishment of permanent reference points disturbed by CONTRACTORoperations. 01720 -1 04/00 FIELD SURVEYING CITY OF PEARLAND 1.06 SURVEY REQUIREMENTS A. Utilize recognized engineering survey practices. B. Establish a minimum of two (2) permanent bench marks on site, referenced to established control points. Record locations, with horizontal and vertical data, on Project Record Documents. Establish and record in survey notes elevations linesprovide appropriate levels to provide ovides for Cities C • and to he required for measurement and payment means: Work. Locate and lay out by instrumentation and similar appropriate fill and topsoil 1. Site improvements including pavements; stakes for grading, placement; utility locations slopes, and invert elevations. 2. Grid or axis for structures. Verify periodically layouts by same means. 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION (NOT USED) END OF SECTION 04/00 01720 -2 CUTTING AND PATCHING CITY OF PEARLAND SECTION 01730 CUTTING AND PATCHING 1.0 GENERAL 1.01 SECTION INCLUDES Cutting, patching and fitting of Work to existingfacilities, work for oor to mesod te o installa lion or connection of Work with existing facilities, or to uncover r testing. 1.02 CUTTING AND PATCHING A. Perform activities to avoid interference 0�00 facility operations General Conditnond s of thee Contract. k of others in accordance with the Document B. Execute cutting and patching, including excavation, backfill and fitting to: 1. Remove and replace defective Work or Work not conforming to the Drawings and Specifications. 2. Take samples of installed Work as required for testing. 3. Remove construction required to provide for specified alteration or addition to existing work. 4. Uncover Work to provide for inspection or reiing spect o do of covered Work by the ENGINEER or regulatory agencies 5. Connect any Work that was not accomplished in the proper sequence to completed Work. 6. Remove or relocate existing utilities and pipes which obstruct Work to which connections must be made. 7 Make connections or alterations to existing or new facilities. 8. Provide openings, channels, chases and flues, if any, and do cutting, patching and finishing C. Restore existing work to a state equal to or better theser than Spthat pronto cutting and patching. Restore new Work to standards f hers D. Support, anchor, attach, match, trim and seal materials erials, hangerso k of of for the. Unless otherwise specified, furnish and install sleeves, execution of the Work. 01730 - 1 04/00 CUTTING AND PATCHING CITY OF PEARLAND Provide shoring, bracing and support as required to maintain structural inefore egrcuttty and E. Pro cutting and patching. protect adjacent Work from damage during ports request written beams or other structural members,NEER.Follow such instruct ons, as or other supapplicable. instructions from the ENGINEER. 1.03 SUBMITTALS proceeduesting consent to rior to A. Submit written notice to the ENGINEERh�or design function, OWNER operations, cutting which may affect structural or work of another CONTRACTOR. B. Include the following in submittal: 1. Identification of project. 2. Description of affected Work. 3. Necessity for cutting. 4. Effect on other work and on structural integrity. 5. Include description of proposed Work: a. Scope of cutting and patching. CONTRACTOR, subcontractor or trade to execute Work. c. Products proposed to be used. d. Extent of refinishing. e. Schedule of operations. 6. Alternatives to cutting and patching, if any. Should conditions of Work or schedule indicate change including: of materials or methods, submit a wntten recommendation to the ENGINEER 1. Conditions indicating change. 2. Recommendations for alternative materials or methods. 3. Submittals as required for substitutions. Submit written notice to the ENGINEER designating time Work will be uncovered D. patching operations until authorized by the for observation Do not begin cutting or ENGINEER. 01730 - 2 04/00 CUTTING AND PATCHING CITY OF PEARLAND 1.04 CONNECTIONS TO EXISTING FACILITIES A. Perform construction necessary to complete operationctions and otherwise ie-ins to existing facilities. Keep all existing facilities in co bythe ENGINEER. specifically permitted in these Specifications or approved B. Coordinate with the ENGINEER, interrupt ion of service requiring connection into existing facilities Bypassing of wastewater or slud g to ate terways ays is no nt permitted. Provide temporary pumping facilities to handle o minimize disruption. Provide temporary bulkheads (e.g., inflatable plugs) temporary power supply and piping to facilitate construction where necessary. C. Submit a detailed schedule of proposed connection , including 1 as u the a is and tieed - ins. Include in the submittal the proposed time duration of the Work. Submit the detailed schedule coordinated with the construction schedule. Provide specific time and date information to the ENGINEER 48 hours in advance of proposed Work. D. Procedures and Operations: p 1. The CONTRACTOR may operate existing pumps valves and gates required for sequencing procedures only as directed by the ENGINEER. Do not operate any valve, gate or other item of equipment without permission of the City and the knowledge of the ENGINEER. 2. Insofar as possible, equipment shalltested exnsgting acil facility. conition before final tie-ins are made to connectequipment to the 3, Carefully coordinate Work and schedules. shut -downs or by-passesovide written are required. ce to the ENGINEER at least 48 hours before 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION (NOT USED) END OF SECTION 04/00 01730-3 STARTING SYSTEMS CITY OF PEARLAND SECTION 01750 STARTING SYSTEMS 1.0 GENERAL 1.01 SECTION INCLUDES A. Starting systems. B. Demonstration and instructions. C. Testing, adjusting, and balancing. 1.02 UNIT PRICES Nseparate payment will be made for work performed u de this work is a r compthis Seion. onent de cost of p work performed under this Section in pay which item of 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION 3.01 PREPARATION A. Coordinate schedule for start-up of various equipment and systems. B. Notify City Engineer seven (7) days prior to startup of each item. ecked pro r C. Verify that each piece of equipmentcontrol sequence hor other pond p ons which lubrication, drive rotation, belt tension, may cause damage. D. Verify that tests, meter readings, and specified electrical characteristics agree with those required by the equipment or system manufacturer. E. Verify wiring and support components for equipment are complete and tested. F. Execute start-up under CONTRACTOR'S supervision in accordance with manufacturer's instructions. o G. When specified in individual specification sections e require manufacturer and cr t provide authorized representative to be present at site to ins p equipment or system installation prior to and during start-up, and to supervise placing equipment or system in operation. Submit a written report that equipment or system has been properly installed and is functioning correctly. 01750 - 1 04/00 STARTING SYSTEMS CITY OF PEARLAND 3.02 DEMONSTRATION AND INSTRUCTIONS weeks A. Demonstrate operation and maintenance of products to City Engineer two (2) minimum prior to date of Substantial Completion. B. Utilize operation and maintenance manuals as isl fors asin t of oper R evi ancontents of manual with City Engineer in detail toexplain maintenance. C. Demonstrate start-up, operation, control, adjustment, trouble -shooting, servicing, maintenance, and shutdown of each item of equipment at agreed -upon times, at equipment location. D. Prepare and insert additional data in operations and maintenance manuals when need for additional data becomes apparent during in 3.03 TESTING, ADJUSTING, AND BALANCING A. City Engineer will appoint, employ, and pay for services of an independent firm to perform testing, adjusting and balancing. neer B. Reports will be submitted by the independentfirm mpliancehe ity or non-compliance with wg h observations and results of tests and indicating specified requirements and with the requirements of the Contract Documents. END OF SECTION 04/00 01750,- 2 PROJECT RECORD DOCUMENTS CITY OF PEARLAND SECTION 01760 PROJECT RECORD DOCUMENTS 1.0 GENERAL 1.01 SECTION INCLUDES Maintenance and Submittal of Record Documents and Samples. 1.02 MAINTENANCE OF DOCUMENTS AND SAMPLES with A. Maintain one (1) record copy of documents at the site in accordance Document 00700 - General Conditions, paragraph 3.02. B. Store Record Documents and samples in field office if a field office is required by Contract Documents, or in a secure location. Provide files, racks, and secure storage for Record Documents and samples Tinted letters. C. Label each document "PROJECT RECORD" in neat, large, p not use Maintain Record Documents in a clean, ores. dry, and legible condition. Do Record Documents for construction purposes. E. Keep Record Documents and Samples available for inspection by ENGINEER. 1.03 RECORDING progress. Do not conceal any A. Record information concurrently with construction work until required information is recorded. B. Contract Drawings, Change Orders, and Shop Drawings• Legibly mark each item to record all actual construction, or "as built' conditions, including: 1. Measured horizontal locations and elevations of underground utilities and appurtenances, referenced to permanent surface improvements. 2. Elevations of underground utilities referenced to bench mark utilized for project. 3. Field changes of dimension and detail. q Changes made by modifications. 5. Details not on original contract drawings. 6. References to related shop drawings and Modifications. C. Record information with a red pen or pencil on a set of blue line opaque drawings, provided by ENGINEER. 01760 - 1 04/00 PROJECT RECORD DOCUMENTS CITY OF PEARLAND 1.04 SUBMITTALS At contract closeout, deliver Project Record Documents to ENGINEER. 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION (NOT USED) END OF SECTION 04/00 01760 - 2 CONTRACT CLOSEOUT CITY OF PEARLAND SECTION 01770 CONTRACT CLOSEOUT 1.0 GENERAL 1.01 SECTION INCLUDES procedures including final submittals such as operation and maintenance data, warranties, nties, and spare parts p arts and maintenance materials. 1.02 CLOSEOUT PROCEDURES Final Completion and A. Comply with t when t 00is 0 complete lete andConditions ready for ENGINEER's final inspection. Final Payment when Work is c p B. ProvideJ Project Record Documents in accordance with Section 01350 - Submittals. new items Complete or correct items on punch list, with no new items added. Any C. Comp will be addressed during warranty period. The OWNER will occupy portions of the Work as specified in other Sections. D. weeks prior to Final E. CONTRACTOR shall request Final Inspection at least two (2) Acceptance. 1.03 FINAL CLEANING A. Execute final cleaning prior to final inspection. systems. Clean debris from drainage Clean site; sweep paved areas, rake clean landscaped surfaces. C. D. Remove waste and surplus materials, rubbish, and temporary construction facilities from the site following the final test of utilities and completion of the work. 1.04 OPERATION AND MAINTENANCE DATA it o erations and maintenance data as noted in Section 01350 - Submittals. Subm p 1.05 WARRANTIES A. Provide one original of each warranty from Subcontractors, suppliers, and manufacturers. B. Provide Table of Contents and assemble warranties in 3-ring/D binder with durable plastic cover. 01770-1 04/00 CONTRACT CLOSEOUT CITY OF PEARLAND C. Submit warranties prior to final Application for Payment. D. Warranties shall commence in accordance witthe 9requirements .10, ial Completion. in Document 00700 -a General Conditions, paragraph 2.0 PRODUCTS (NOT USED) 3.0 EXECUTION (NOT USED) END OF SECTION 04/00 01770 - 2 SUPPLEMENTAL TECHNICAL SPECIFICATIONS TRAFFIC PAINT (WATER BASED) CITY OF PEARLAND SECTION 02763 TRAFFIC PAINT (WATER BASED) 1.0 GENERAL 1.01 SECTION INCLUDES A. Traffic paint (water based) 1.02 UNIT PRICES A.s is on a linear Measurement for traffic paint (water based) pavement marking foot basis, measured in place. g • Refer to Section 01200 - Measurement and Payment for unit price procedures. 1.03 SUBMITTALS als shall conform to requirements of Section 01350 - Submittals. A. Submittals requirements of to the composition req B. the standard fl mina. a weight basis, equal a r et Standard formula. The finished coatings shall conform with all requirements the uatedcan stability, stipulated for each standard as color,odrying, flowsettling, brush ability, in characteristics such a hiding, etc. gloss, hardness, light permanency, C. adhesion, ion, etceWhen h ch aracteristic ting for such conformity withl the coating shall be applied and adhesion, etc W tested under parallel conditions with the Wet Standard. D. Thefd products required finished product shall be free of skins and foreign materials. All p shall Testing to meet these specifications shall Texas sState dDepartment of Public be done in accordance with thp Transportation, "Manual on Testing Procedures". 1.04 DELIVERY AND STORAGE well sealed containers that meet A. specifications shall and made in suitable,mstrong are subjected in ttuurdy federal requirements. Shipment shal also sufficiently sturdy to withstand onsto which shipments ansit. to withstand normal handling plainly marked and securely Finished coating containers and cases shall be p order number, requisition to of manufacture, gross weight and manufacturer's labeled with the name and date designation of the coating, Labels must be number batch number, name. Labeling shall be on the sides of containers and cases. 10/02 02763- TRAFFIC PAINT (WATER BASED) CITY OF PEARLAND sufficiently moisture resistant to withstaadlletized for shipment, the labels shall outdoor storage for a minimum of one year. When the finished product is p be on the outside for easy identification. B. Raw materials and finished coatings, en stodll be in an materials at alllt mes.y ion that will permit proper and correct inventory ofthese C. Containers shall be filled by weight based on the actual gallon weight of the paint at 77° F. 2.0 PRODUCTS 2.01 RAW MATERIALS Bard are listed A. The exact brands and types of raw materials for the purpose of facilitating the selection. equal not only in quality and composition behavior after being used in the finished pr Materials shall conform with the latest edition of Federal & ASTM Specifications. B. C. 10/02 used in the Wet Stan The selection of parallel material but also in physical and chemical oduct. Pigments: 1. White a. Titanium Dioxide shall meet ASTM Specification D476, Type I or II. b. Lead Free Zinc Oxide shall meet ASTM Specification D79, either American process or French process. 2. Colored: Titanium Dioxide, Rutile, non -chalking: Specific Gravity Oil Absorption Moisture Pigment Retained On No. 325 Sieve Ti02 Content Fe203 Content pH Ignition Loss Y (luminosity) 4.05 to 4.15 16to20% 0.5% Max. 0.1 % Max. 95% Min. 2.0 to 3.0% 6.5 to 7.0 0.35% Max. 42.5 to 45.5 D. Medium Chrome Yellow 1. Color and Characteristics. The luminance factor of the pigment shall be 02763-2 CITY OF PEARLAND 10/02 TRAFFIC PAINT (WATER BASED) within the limits listed below when tested before and after exposure. Min. Final l In addition, the allowable change between the The ti it ad finsd final luminance CIE factors shall be no more than 9 unitspigment shall be Chromaticity Color coordinates of the pi g 0 490 0.45within the (0.511, rectangle defined by the sets of coordinates 0.433), (0.514, 0.480), and (0.535, 0.488). ethod of Test. The pigment shall be tested in ccoortda cet with nameTest Method Tex-810-B, 2. M two coats. The formulation using the pigment to be tested is as follows: Parts by Weight a.) Maw l Medium Chrome Yellow 600 00 75% Traffic Alkyd Resin (1) 298 4% Calcium Drier 5 5 6% Cobalt Drier 2 6% Zirconium Drier Anti -Skinning Agent 2 2 (2) Mineral Spirits b.) Traffic Alkyd Resin Solution shall meet the requirements of the part of this section titled "Resins" below. Spirits may be varied slightly to The amount of Mineral Sp consistency. produce the desired grinding d.) Ext rs 1. Calcium Carbonate CaC97.0% Min. H2O 0.4% Max. Density 2.6302 to 2.7299 Weight Retained p 75%Max. on No. 325 Sieve Color: Equal to material listeshall notStandard in Formula. a Substitution in a Standard Formula 5 I{V . viscosity variation greater 2. Talc - ASTM D605 Initial 53 5945 -- 02763- TRAFFIC PAINT (WATE BASED) CITY F PEARLAND 10/02 3. Silica Si02 H2O Density Oil Absorption ASTM D281 Weight Retained on No. 325 Sieve 99 5% Min. 0.05% Max. 2.5810 to 2.7011 25 lb/100 lb Max. 1.0% Max. E. Resins 1. Acrylic Traffic Resin shall be similar and equal to the standard sample approved by the State Department of Transportation. Solid Contents, Percent Viscosity, #3 Spindle 60 RPM, cps pH Density, 25°C 60.0 - 62.0 840 - 860 8.8 - 9.0 C 1.066 to 1.078 2. In addition to the above requirements,lnfrared spectrum and the standard spectrum gel permeation chromatogram shall match and chromatogram on file with the State Department of Public Transportation F. Miscellaneous Materials 1, Water, Potable 2. Methyl Alcohol, ASTM D1152 with Refractive Index 1, 3320 Max. 3. Diethylene Glycol Monobutyl Ether, Glycol to234r DB Boiling Range, C°Min. Flash Point, C°,COC 115 115 to 0.953 Density, 25, C° 0.948 Refractive Index, 1.4314 to 1.418 20°C Color Water, White Appearance Clear, Sediment Free Refractive Index 1.4290 Min. 4. Anti -Skinning Agent 5. Dispersant-Byk 156, Byk Chemie 6. Surfacant-Triton CF-10, Union Carbide 7. Defoamer ualon 8. Hydroxy Ethyl Cellulose - Natrasol 250 LR, Aq 9 Attapulgate Clay - Attagel 50, Eulehard 10. Preservative 02763-4 ATER BASED) TRAFFIC PAINT CITY OF PEARLAND G. FORMULA 1. WPT-10 WHITE WATER BASED TRAFFIC PAINT Acrylic Emulsion, 60% Solids, Rhom & Haas, TP-257 Coalescent, Glycol Ether DB Coalescent, Exxon, Exxate 800 Titanium Dioxide, Rutile Type II Silica Calcium Carbonate, JM Huber, Hubercarb M-4 Attapulgate Clay, Engelhard Attagel 50 Hydroxy Ethyl Cellulose, Aqualon, Natrosol, 250 LR Defoamer 156 Dispersant, Byk Chemie, Byk Surfactant, Union Carbide, Triton CF-10 Methyl Alcohol Preservative Water, Potable Density: ±0 05 Kg of theorectical density Grind. 4 Min Particles. 8 Max (Test Method Tex-806-B) Viscosity: 80-100 KV Skinning: No skinning within 48 hours (Test Method Tex-811-B) 2. YPT-10 YELLOW WATER BASED TRAFFIC PAINT POUNDS TOTAL Acrylic Emulsion, 60% Solids, Rhom & Haas, TP-257 Coalescent, Glycol Ether DB Coalescent, Exxon, Exxate 800 Medium Chrome Yellow, Cookson Y-969-L Titanium Dioxide, Rutile Special Silica Calcium Carbonate, JM Huber, Hubercarb M-4 Attapulgate Clay, Eugelhard Attagel 50 Hydroxy Ethyl Cellulose, Aqualon, Natrosol, 250 LR Defoamer Dispersant, Byk Chemie Byk 156 Surfactant, Union Carbide, Triton CF-10 Methyl Alcohol Preservative Water, Potable TOTAL PO_ 460 20 10 150 125 400 2 4 6 20 3-7 90 1300 Gallon Weight: ±0 10 lb. of theoretical gallon weight Grind: 4 Min Particles: 8 Max (Test Method Tex-806-B) 10/02 460 20 10 125 25 125 430 4 4 6 20 5 90 1328 02763-5 CITY OF PEARLAND TRAFFIC PAINT (WATER BASED) Viscosity: 80-100 KV Skinning: No skinning within 48 hours (Test Method Tex-811-B) 3.0 EXECUTION 3.01 CONSTRUCTION METHOD All traffic paint applications shall meet the following requirements, and shall be applied in accordance with the items associated with "Traffic Paint". A. Traffic paint shall be applied with a minimum thickness of 10 mils, measured in dry condition, prior to adding any glass reflective spheres. B. No thinning of the paint is allowed after paint is received from the manufacturer. Paint striping shall be applied when the air temperature is 45°F., and rising. C. Paint marking shall be applied and measured to ±1/4" of the specified widths. Paint thinner can only be used to flush the pumps. The flushing liquid is not to go through the spray nozzles and onto the roadway. D. All traffic paint marking not meeting these requirement shall be "touched - up' and / or completely remarked to these standards and in accordance with the drawings at Contractor's cost. E Where traffic buttons exist, the paint shall be applied to the pavement adjacent to, but not on the buttons or markers, unless another method is specified. 3.02 TESTING A. When required, the Contractor shall pay for and provide a testing report to the City performed by a local testing laboratory designated by the Engineer. The report shall verify that the raw and finished materials to be supplied under this contract, meet the requirements of this specification. These tests shall be paid for by the Contractor. 3.03 REJECTION A. Materials and finished products which fail to meet any or all requirements of these specifications shall be subject to rejection. All materials and finished products rejected by the Engineer, whether in containers or applied to the roadway surface shall be removed from the job site and replaced with materials meeting specifications and requirements and all costs of such removal and replacement shall be borne by the Contractor. END OF SECTION 10/02 02763-6 CITY OF PEARLAND TRAFFIC SIGNAL MODIFICATION SECTION 16700 TRAFFIC SIGNAL MODIFICATION 1.0 GENERAL 1.01 SECTION INCLUDES A. Traffic signal modifications for the intersections of Cullen Boulevard (FM 865) at Hughes Ranch Road (CR 403) and Brookside Road (CR 106). 1.02 SUBMITTALS A. Traffic signals modifications responsive to the Texas Manual of Uniform Traffic Control Devices (TMUTCD) and sealed by a registered Professional Engineer are incorporated into the Drawings. B. For traffic signal modifications, submit schedule of values within thirty (30) days following the Notice to Proceed. Refer to Section 01350 — Submittals. C. Make submittals in accordance with the Section 01350 — Submittals. 1.03 UNIT PRICE A. Traffic signal modifications. Measurement is on a lump sump basis for traffic signal modification, as shown on the Drawings. The amount invoiced shall be based on the schedule of values submitted for signal modification. 2.0 PRODUCTS 2.01 SIGNS, SIGNALS, AND DEVICES A. All reference Item numbers and Codes shall be in accordance with TxDOT's "Standard Specifications for Construction of Highways, Street and Bridges ' latest revision. 3.0 EXECUTION 3.01 PUBLIC ROADS A. Abide by laws and regulations of governing authorities when using public roads. If the CONTRACTOR'S work requires that public roads be temporarily impeded or closed, approvals shall be obtained from governing authorities and permits paid for before starting any work. Coordinate activities with the ENGINEER 16700-1 12/02 CITY OF PEARLAND TRAFFIC SIGNAL MODIFICATION B. CONTRACTOR shall maintain at all times a l0-foot-wide all-weather lane adjacent to work areas which shall be kept free of construction equipment and debris and shall be for the use of emergency vehicles, or as otherwise provided in accordance with the traffic control plan Section 01555 —Traffic Control and Regulation . C. CONTRACTOR shall not obstruct the normal flow of traffic from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m on designated major arterials or as directed by the ENGINEER D. CONTRACTOR shall maintain local driveway access to residential and commercial properties adjacent to work areas at all times. E CONTRACTOR shall keep the surrounding streets within the work areas clean. The streets used for entering or leaving the job area free of excavated material, debris, and any foreign material resulting from construction operations. F. Control vehicular parking to prevent interference with public traffic and parking, and access by emergency vehicles. G. Monitor parking of construction personnel's vehicles in existing facilities. Maintain vehicular access to and through parking areas. H. Prevent parking on or adjacent to access roads or in non -designated areas. 3.02 TRAFFIC SIGNS AND SIGNALS Traffic signals modifications shall meet the following requirements, and shall be applied in accordance with the Item "Traffic Signal System Upgrade and Modification at Cullen/Hughes Ranch and Cullen/Brookside Intersections". A. Cullen Boulevard (FM 865) at Hughes Ranch Road (CR 403): 1. Construction of traffic signal modification shall be accomplished as soon as possible, prior to the beginning of roadway construction. 2. CONTRACTOR shall re -use all existing signs, traffic signal heads, catenary systems, signal poles luminaries and luminaries' cable, power service signal controller and cabinet. CONTRACTOR shall furnish and install new catenary system, four (4) new left turn signals with signs and back plates, new cabling for the vehicle traffic signal heads and left turn signal heads. CONTRACTOR shall furnish and install all required mounting hardware for attaching vehicle signal heads to the top and bottom sway cables. To expedite the construction, CONTRACTOR shall order all the required equipment immediately after OWNER has issued a Purchase Order. 12/02 16700-2 CITY OF PEARLAND TRAFFIC SIGNAL MODIFICATION 3. Traffic signal shall be completed in two major stages. The first stage shall include the installation of the new catenary suspension system and installation of overhead signs, new cabling (including the cable for left turn signal heads and required extra cable for relocation of vehicle signal heads during roadway construction) and the relocation of vehicle signal heads during roadway excavation. Once the existing loop detectors are damaged due to construction, the signal system shall operate as a fix -time mode as directed by TxDOT (signal timing shall be determined by TxDOT). All existing luminaries shall be maintained in operation. Completion of the roadway pavement followed by the second stage which is the final installation of the Ultimate Traffic Signal System to the permanent location, including left turn signals, conduits, pull boxes, and loop detectors CONTRACTOR shall re -install existing street name signs and signal ahead signs and furnish and install all required new signs. Construction shall be in strict accordance to TxDOT guidelines and a final approval shall be required from TxDOT. 4. Traffic signal shall be operated and maintained by CONTRACTOR during the duration of construction of this project and until TxDOT accepts the signal installation. 5. Provide TxDOT with all required "red marked" drawings, wiring diagrams, warrantees and guarantees, manuals, certificates, etc. B. Cullen Boulevard (FM 865) at Brookside Road (CR 106): 1. Construction of the traffic signal modifications shall be accomplished as soon as possible, prior to the beginning of roadway construction. 2. CONTRACTOR shall re -use all existing signs, traffic signals heads, catenary system, signal poles, luminaries and luminaries cable, power service, signal controller and cabinet. CONTRACTOR shall furnish and install new cabling for the vehicle traffic signal heads and furnish and install all required mounting hardware as necessary. 3. The traffic signal shall be completed in two major stages. The first stage shall include the installation of the new cabling (including the extra cable for relocation of vehicle signal heads during roadway construction) and the re- location of vehicle signal heads during roadway construction. All existing luminaries shall be maintained in operation. After completion of the roadway pavement, CONTRACTOR shall complete the second stage, the final installation of the Ultimate Traffic Signal System to permanent location. CONTRACTOR shall re -install existing street name signs and signal heads Construction shall be in strict accordance to TxDOT guidelines and a final approval shall be required from TxDOT. 12/02 16700-3 CITY OF PEARLAND TRAFFIC SIGNAL MODIFICATION 4. Traffic signal shall be operated and maintained by the CONTRACTOR during the duration of construction of this project and until TxDOT accepts the signal installation. 3.03 REMOVAL A. Remove equipment and devices when no longer required. B Repair damage caused by installation. C. Remove post settings to a depth of 2 feet. END OF SECTION 12/02 16700-4 DIVISION 2 - SITE WORK Through DIVISION 16 — ELECTRICAL See Mobility and Drainage Program Standard Technical Specification aco? 3 DOCUMENT FILING REQUEST Exhibit A R- RP-138 Description:. Contract Resolution: Bill Eisen City Manager Type: Contract Documents Search String Parameters: Mobility & Drainage Bond Program Misc. Road Improvement Projects Group II Requested By: Robin ?itcock Project Management 03/20/03 E EOWE MAR 2 5 2003 CITY OF PEARLAND CITY SECRETARY'S OFFICE