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R2008-024 2008-02-11 PK0701RESOLUTION NO. R2008-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR INSTALLATION OF AN AQUATIC PLAYGROUND AT THE CENTENNIAL PARK. 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 installation of an aquatic playground at the Centennial Park, and such bids have been reviewed and tabulated. Section 2. That the City Council hereby awards the bid to All Play, Inc., in the amount of $140,000.00. Section 3. The City Manager or his designee is hereby authorized to execute a contract for construction services associated with the installation of an aquatic playground at the Centennial Park. PASSED, APPROVED and ADOPTED this the 11 day of February, A.D., 2008. E�..O TOM REID MAYOR = o; ' ATTEST: °'�� . �� . AUN C7R�IN� ITY S CRETARY APPROVED AS TO FORM: U �. t'( C�--- DARRIN M. COKER CITY ATTORNEY lon Design � ,:.�;,� Group 6 February 2008 Mr. Young Lorfing, TRMS City Secretary City of Pearland 3519 Liberty Drive Pearland, TX 77581 Re: COP PN: PK0701; Proposal No.: 1208-09; Centennial Water Play Park Contract Award Recommendation Dear Mr. Lorfing: Proposals for the above-referenced project were received and opened on Thursday, 31 January 2008, at City Hall. We have evaluated the proposals and have identified a vendor to whom we recommend you award the Contract. We are enclosing a Proposal Summary for your use. All Play Inc. is the vendor who is offering the best value to the City, and to whom we recommend you award the Contract. They offer a basic water park design for a total base purchase price of $140,000. Furthermore, All Play Inc. submitted a proposal that is responsive, executed properly, acknowledges all Addenda, contains the required Bid Security, and contains the proper bidder qualifications documentation. We also checked a few of their references and found that they recently have provided good quality work, on time, and on budget for their clients. At the time of award, adherence to all requirements of the Contract Documents should be verified. We are prepared to assist the City with the next step of executing the Contract and moving the project forward to construction upon approval by the City Council. Thank you for the opportunity to assist you with this project. Respectfully, Design Gr , L Jeffrey H. Cohen, P.E. Senior Civil Engineer cc: Mr. Jon Branson, Director of Parks & Recreation, City of Pearland Ms. Cara Nesby, Project Manager, City of Pearland Mr. Robert Pearce, Purchasing Officer, City of Pearland lon Design Group, LLC 2800 N. Henderson Avenue Studio 100 Dallas, TX 75206 Tel 214.370.3470 Fax 214.370.3083 CENTENNIAL WATER PLAY PARK PROPOSAL SUMMARY City of Pearland PN:PK0701 Proposal No. 1208-09 Proposal Date: January 31, 2008 Proposer Al! Play, Inc., Midland Canstruction, lnc. Pro oser Address 13903 Van Wall, Houston, TX 76040 PO Box 369, Ro ers, AR 72757 Proposer Phone 713.939.9888 479.925.1639 Base Proposal Price $140,000.00 $140,000.00 Proposal with Add Alternate 1 *Option 1-$125,390.00 $148,400.00 **Option 2 - $157,420.00 Proposal with Add Alternate 2 *Option 1-$153,740.00 $155,400.00 **O tion 2 - $168,350.00 Brief Narrrative of Experience YES YES List of On oin Pro�ects YES YES List of Subs/Su pliers YES YES List of References YES YES Bid Securit YES YES Acknowled ed Addendum #1 YES YES Acknowled ed Addendum #2 YES YES Acknowled ed Addendum #3 YES YES Acknowled ed Addendum #4 YES YES Proposal Si ned Kurt Futrell, President Steve Zimmerman, President Proposal Dated Januar 31, 2008 Januar 29, 2008 Notes: Additional 30 da s for e ui ment to ship Brief Summary of Proposal * Option 1: Balanced for toddlers to teenagers 6 above ground spray features 7 above grade water features 13 flush mounted spray features 12 ground sprays (10 interchangeable) 40' x 75' hourglass shaped pad 2800 SF of Splashpad area 2-5 minute cycle, upon user activation 2 user activator controls 6 Action reaction water features **Option 2: 8 above ground spray features 16 flush mounted spray features 40' x 72' custom shaped pad 2-5 minute c cle, upon user activation Equipment Manufacturer H20 Fun Vortex Note: Submittals were also received from Kraftsman and Water Nark Features. Upon initial review, tnese submittals were determined not to meet the standards of the solicitation. Project Manual for: Centennial Water Play Park in Centennial Park COP Project No.: PK0701 Proposal No.: 1208 09 January 2008 Prepared By: Ion Design Group, LLC 2800 Henderson Avenue Studio 100 Dallas, TX 75206 214.370.3470 4 GI 0 • *. • J JEFFREY H. COHEN OZ 85083 s 4';•••..• •••• �0 *• Project Manual for: Centennial Water Play Park in Centennial Park COP Project No.: PK0701 Bid No.: 1208-09 January 2008 Prepared By: Ion Design Group, LLC 2800 Henderson Avenue Studio 100 Dallas, TX 75206 214.370.3470 CITY OF PEARLAND BRAZORIA COUNTY, TEXAS Centennial Water Play Park in Centennial Park TABLE OF CONTENTS NO OF PAGES SECTION TITLE DIVISION 0 — BIDDING AND CONTRACT DOCUMENTS 2 00100 Request for Proposals 2 00200 instructions to Proposers 9 00300 Proposal Foi m 37 00500 Standard Form of Agreement 2 00610 Performance Bond 2 00611 Payment Bond 2 00612 One -Yeas Maintenance Bond 00613 One -Year Surface Correction Bond 2 3 00700 General Conditions of Agreement 1 00800 Special Conditions of Agreement 2 00811 Wage Scale for Engineering Construction 6 00813 Wage Scale for Building Construction DIVISION 1 — GENERAL REQUIREMENTS 4 Summary of Work Contractor's Use of Premises 4 4 Measurement and Payment Procedures 3 Change Order Procedures 4 4 Coordination and Meetings 36 Submittals Construction Photographs 65 3 Referenced Standards 2 Contractor s Quality Control 1 Inspection Services 2 Testing Laboratory Services 9 Temporary Facilities and Controls 1 Mobilization 4 Stabilized Construction Exit 4 Traffic Control and Regulation 3 Filter Fabric Fence 3 Reinforced Filter Fabric Barrier 3 Waste Material Disposal 4 01100 01140 01200 01290 01310 01350 01380 01420 01430 01440 01450 01500 01505 01550 01555 01560 01561 01562 01563 1 1 /2007 Tree and Plant Protection 00010 - 1 o1'2 CITY OF PEARLAND Control of Ground Water and Surface Water 8 01564 01565 01566 01570 01580 01600 01630 01720 01730 01750 01760 01770 TABLE OF CONTENTS TPDES Requirements 3 3 Source Controls for Erosion and Sedimentation 5 Trench Safety System Project Identification Signs 4 4 Material and Equipment 3 Product Options and Substitutions Field Surveying 2 2 Cutting and Patching 3 Starting Systems 2 Project Record Documents 2 Contract Closeout DIVISION 2 — SITE WORK Site Preparation 4 4 Bedding, Backfill, and Embankment Materials 126 Excavation and Backfill for Utilities 20 Gravity Sanitary Sewers 6 PVC Pipe 16 02200 02255 02318 02530 02534 02751 Concrete Pavement DIVISION 13 - SPECIAL CONSTRUCTION 13149 Aquatic Playground Equipment & Structures END OF SECTION 1 1 /2007 6 00010-2of2 CITY OF PEARLAND Section 00100 REQUEST FOR PROPOSALS REQUEST FOR PROPOSALS CITY OF PEARLAND, TEXAS willduplicate, referencingthe following project in the Office of Sealed proposals be received, in d� p the City Secretary, City of Pearland,City Hall located at 3519 Liberty Drive, Pearland, Texas 77581 until 2:00 p.m., Thursday, January 31, 2008 at which time they will be publicly opened, and their responsiveness will be assessed aloud, for the design, supply and installation of: Centennial Water Play Park in Centennial Park City of Pearland, Texas COP PN: PK0701 PROPOSAL NO.: 1208-09 playground with water play elements, user -activated The project will consist of an aquaticp Yg slab as shown on the automatic water distribution system, and lined concrete base, controls, exhibit prepared by Ion Design Group, LLC. Thep proj ect site is located on Marys Creek and Road and opposite Ryan Acres Drive. The City of Pearland has McLean Road, north of Magnolia pp y budgeted approximately $140,000 for this project. Information and Proposal Documents: Copies of Contract Documents and Technical Specifica- tions p are on file at the following locations for review: City of Pearland, City Hall (281) 652-1600 3519 Liberty Drive Pearland, Texas 77581 Amtek Plan Room (713) 956-0100 4001 Sherwood Houston, TX 77092 The Associated General Contr actors of America, Inc. (713) 334-7100 2400 Augusta, Suite 180 Houston, TX 77057 •• ctors of Greater Houston (713) 523-6222 Associated Builders &Conti a 3 910 Kirby, Suite 131 Houston, TX 77098 Dodge Reports 4101 Greenbriar, Suite 320 Houston, TX 77098 of the Contract Documents and Technical Specifications Proposers may obtain a complete set of the En gineer, Ion Design Group, LLC, 2800 Henderson Avenue, Studio 100, from the officeg (713) 529-4895 00100-1of2 1 1 /2007 CITY OF PEARLAIVD REQUEST FOR PROPOSALS _requestand payment of aNON-REFUNDABLE fee. Dallas, Texas 75206, (214) 370 3470, upon P y 7 bytheo be available for purchase, the cost of printing is to be paid These documents will also 's 2900 Smith Street, Houston, Texas 77006, (713)782-8580. Proposer, at Ridgway , ' ed fora period of sixty (60) days subsequent to the No proposal may be withdrawn or terminated • the Cityof Pearland. Unless otherwise expressly opening date without the consent of proposal P pi provided herein, all references to "day(s)" shall mean calendar day(s). Bidthe form of Cashier's Check, Certified Check, or Bid Bid Security and Bid Bonds: Security in purchase rice Bond payable to the City of Pearland in the amount of 5% of the total maximum p successful Proposer must furnish Performanceand Payment must accompany each proposal. TheP her applicable law, as byChapterpp Bonds as required 2253 of the Texas Government Code or of Contract Documents, in the amount of one hundred a�nended, upon the form included ' �n the surety contract price, such bonds to be executed by a corporate duly percent (100%) of the in the current list of "Treasury authorized to do business in the State of Texas, and named • 570", naming Cityof Pearland, Texas as Obligee. Additionally, the Department Circular No. nal�ning the Bond for the P successful Propose r shall be required to provide a one year. Maintenance installed's work, as provided in the Special Conditions of Agreement. improvements as part of this P Equal Opportunity: All responsible Proposers will receive consideration for award of contract color,religion, sex, or national origin. without regard to race, Selection Criteria: In determining to 7 whom to award a contract, the City of Pearland may • of the Proposer and Proposer's goods or services; consider: 1) purchase pace; 2) reputationp ' extent to which the goods or services meet the 3 qualityof Proposer's goods or services, 4) . . impact on the ability of Owner needs; Proposer's past relationship with the Owner; 6) p Owner's nee 5) P historically underutilized businesses and 1 with laws and rules relating to contracting with h y to comply it organizations employing persons with disabilities, 7 total long-term term cost to Owner to nonprofit g acquire Proposer's goods oY services, 8) the QualificatiOflS of Proposers, including Financial he Instructions to Proposers; and 9) any other relevant Statements of Proposers, identified in t criteria specifically listed in the Proposal Documents. The City of Pear land reserves the right to reject any or all proposals. changed, unless such change is the direct result of a A proposal that has been opened may not be g P P clarifying inquiry by the City of Pearland. Young Lorfing, TRMS City Secretary, City of Pearland First Publication date 01.09.2008 Second Publication date 01.16.2008 1 1 /2007 • 00100 - 2 of 2 CITY OF P JARLAND INSTRUCTIONS TO PROPOSERS Section 00200 INSTRUCTIONS TO PROPOSERS 1. Defined Terms �� one who submits a Proposal directly to Owner, as 1.1 The term Proposer means disti nct from a sub -vendor, who submits a bid and/or a proposal to a Proposer. ��means the Proposer who provides goods or � .2 The term Successful Proposer"I (on the basis of • value for the Owner, to whom Owner services at the best an award. Owner' s evaluation as hereinafter provided) makes "Proposalincludes the Request for Proposals, 1.3 The term Documents Pro osers, the Proposal Form, and the proposed osed Contract Instructions to p Documents (including all Addenda issued prior to receipts of bids). e the terms "Proposal", "Proposer", "Proposal 1.4 To the greatest extent practicable , "propose" been used nts" and/or other derivations of the word propose Docl�i�ne persons and procedures refer to procurement methods, documents, p herein to P the more customary procrireinent method that would otherwise be used with ti� " Re quest for Proposals is not and shall not be construed known as a bid .This « Proposal Documents is to procure the design, as a "bid"; intent of these P p terms "bid", of an supply and installationaquatic playground. However, the "bidbond", �` "bidding"and/or other derivations of the security", "bid "bidder", word "bid" may be used herein where practical, legal, or customary reasons •Prop posers shall regard the usage of these terms to have prevented substitution, "proposal" equivalent derivation of the word ``proposal". mean proposal and/or their d herein all references to ``day(s)" shall 1.5 Unless otherwise expressly provide mean calendar day(s). 1.6 All other definitions set out in the Contract Documents are applicable to terms used in the Proposal Documents. 2. Copies of Proposal Documents ui�nents in the number and for the deposit sum2.1 Complete sets of Proposal Doc from tor may Request for Proposals may be obtained he Engineer, stated in the P be purchased, the cost of reproduction to be borne by the Proposer, from Ridway's Smith Street location. Documents must be used in preparing Proposals; 2.2 Complete sets of Proposal DocL�l�n • • for errors or • nor Engineer assumes any responsibility neither Owner g misinterpretations resulting from the use of incomplete sets of Proposal �, Documents. 00200 - 1 o1'9 11 /2007 CITY OF PEARLAND copies of Proposal Documents 2.3 Owner and Engineer, in making nts available on the p on the Work, so only above terms, do for the purpose of obtaining Proposals and do not confer a license or grant for any other use. 3. Moo iht Is" INSTRUCTIONS TO PROPOSERS Content of Proposals idered res onsive, each Proposal shall 3.1 In order that each Proposal be cons p contain the following documents and information. Design of the aquatic I) The proposed Schematic playground, showing or gBuser-activated controls, ' the water lay features and elements, th describing P stemand the operating system, with the automatic water distribution system, a features and assess the appropriateness of the play sufficient detail to elements and the functionality andquality of the equipment and systems; 2) Proposal Form; 3) Bid Security, as described and identified in Article 7 of these Instructions to Proposers; and, 4) All Qualifications of Proposers listed and identified in Article 4 of these Instructions to Proposers. will need to procure 5) Lead time, if any, that the Proposerequipment and playground components. Such lead time will be excluded from the 60-day period for Substantial Completion. ' Design shall not be simply a compilation of catalog 3.2 The proposed Schematic Design 7 showingthe cut sheets, but shall contain a schematic drawing or exhibit play type and arrangement of water the features and elements, and ' • contain statements or markings that clearly identify those shall furthermore items,numbers, part numbers, and etc., of the options, features, model he aquatic P • systems that will be supplied and installed as part o t q equ ipi�nent and playground. indicatethepurchaseprices for: 1) at least one of 3.3 All Proposals shall clearly (Add •(Add Alternate No. 1) or a rubber coatingeither a cementitious topping playground; or, 2)a base slab of the aquatic Alternate No. 2) for the concrete hei�natic Desi n shall purchase price of zero for both add alternates, and the Sc g in protective coating is to be supplied. clearly state that no topp g or 4. Qualifications of Proposers •award a contract, the City of Pearland may consider, 4.1 In determining whom to in addition to the other selection criteria identified in Article 16 of these Instructions t o • Proposers, the following Qualifications of Proposer: p of the Proposer with projects of a 1) A brief narrative of previous experience similar nature and scope; 1 1 /2007 00200 - 2 of 9 CITY OF PEARLAND location, of on -going projects and 2)A list, including owner Warne and projectare not yet ' f projects of the Proposer which contracts for construction o p .I substantially complete; and suppliers 3)A list of proposed subcontractors for the project being proposed; 4) A 1ist of name, address and' projects number of references for completed by Proposer; and, ' request,each Proposer must be prepared to 5) Within two (2) days of Owner's of the balance sheet submit a Financial Statement of Proposer, consisting Proposer for the Proposers last fiscal year and annual income statement of of P 1 Statement ofthe submission the Proposal. The Financial end preceding ' e a Proposer's net working capital, which Proposer shall be used to determine • p • • . •o oser's net working is defined as current assets less current liabilities. A Pi p capital shall be considered evidence of the Proposer's ability to provide t sufficient financial management of the project being proposed. The .� shall be clearly and conspicuously markedProposer s Financial Statement " ential" and shall be deemed and treated as confidential and as confid Information disclosure requirements of Texas excepted from the Public Government Code Section 552.001 et seq., as such information, if released, would give advantage to a competitor or proposer, and/or would cause P substantial competitive harm to Proposer. INSTRUCTIONS TO PROPOSERS 5. Examination of Contract Documents and Site ' ' 'each Proposer before submitting a Proposal, to 5.1 It is the responsibility P to become Proposal Documents thoroughly, (b) visit the site (a) examine the p - • • conditions that may affect cost, progress, performance or familiar i l iar with local and local laws and furnishing of the Work, (c) consider federal, state performance or regulations that may affect cost, progress, P furnishing of the with the rid and carefully correlate Proposers observations Work, (d) study Contract Documents, and (e) notify Engineer of all conflicts, errors, omissions or discrepancies in the Contract Documents. tests of conditions at the Any reports of explorations and site which have been ocur�nents will be madethe Engineer in preparation of the Contract D utilized by ' CONTRACTOR may rely upon the general available to Proposers for review, t such reports areaccuracy of the "technical data" contained in these reports bu p • Documents. Proposer may not and should not rely not part of the Contract Docuiri p i upon the accuracyof the data contained in such reports, interpretations rotations or • completeness thereof, for the purposes of opinions contained therein, or the p p proposing or construction. reflected in the Contract Documents with respect to 5.3 Information and, data facilities at or unde rground utilities, equipment or other underground b based upon information and data furnished to Owner contiguous to the site is p 00200 - 3 of 9 1 1 /2007 CITY OF T EARLAND owners of such underground facilities or others, and Owner and Engineer by does not assume responsibility for the accuracy or completeness thereof. 5.4 Before submitting a ittin 7 Proposal, each Proposer will, at Proposer's own expense, p investigations, explorations, tests additional examinations, make or obtain any additional information and data which pertain to the and studies and obtain any _ r and facilities)at or subsurface and undergrophysical conditions (surface, 7 s to the site or otherwise which may affect cost, progress, contrgLiou furnishing of the Work and which Proposer deems necessary to performance or fur €� � and furnishing the det ermine its Proposal's purchase prices for performing Work in accordance with the Contract Tirne, Contract Price and other terms and conditions of the Contract Documents. Owner willprovide each prospective Proposer access to 5.5 On request in advance, the site to conduct such explorations and tests as each prospectiveProposer of a Proposal. Prospective Proposers shall fill deems necessary for submissionp • • i es clean a and restore the site to its former condition upon completion lotion all hol P of such explorations. the Work is to be performed, rights -of -way and 5.6 The lands upon which easements for acc ess thereto and other lands designated for use by Contractor in identified in the Contract Documents. All additional performing the Work are id • ' ' or storage access thereto required for temporary construction facilities g lands and q of materials and equipment are to be provided by Contractor. Easements for permanent changes in existing structures are to be permanent structures or p the Contract for obtained and paidby Owner unless otherwise provided in Documents. Proposal will constitute an incontrovertible 5.7 The submission of a tible representation b Pro oser that Proposer has complied with every requ irement of this Y P ion the Proposal is premised upon performing and Article 5, that withoLit ehcept p such means, furnishing • the Work required by the Contract Documents and. of construction as may be methods, techniques, sequences or proceduresq indicated that the Contract in or required by the Contract Documents, and Documents are sufficient in scope and detail to indicate and convey and _ and furnishing of the understanding of all terms and conditions for performance Work. INSTRUCTIONS TO PROPOSERS 6. Interpretations and Addenda meaning or intent of the Contract Documents are to be 6.1 All questions about the in g 7' Interpretations or clarifications considered necessary by directed to Engineer. lnt p mailed or Y' response to such questions will be issued by Addenda Engineer in p • • irecorded byEngineer as having received the Proposal delivered to all parties g � prior to the date for Laments.QuestionS received less than five (5) days pr ioDoc opening Proposals of Pro osals may not be answered. Only questions answered by 00200 - 4 of 9 11 /2007 • CITY OF PEARLAND will be binding. Oral and other interpretations or formal i��al written Addenda � clarifications will be without legal effect. issuedmodify the Proposal Documents as deemed Addenda may also be to fy 6.2 advisable by Owner or Engineer. INSTRUCTIONS TO PROPOSERS 7. Bid Security nied bybid security made payable to Owner in 7.1 Each Proposal must be accompanied ���purchase price, of percent (5%) of the Proposer's total maxim an amount o and in the form of a certified check, � heck cashier's check or a Bid Bond ("Bid Security"). BidSuccessful will be retained until such Proposer 7.2 The Security of the p Proposer has execu ted the Standard Form of Agreement, and furnished the Payment Bonds, whereupon the Bid Security will be required Performance and Paym ei• the Standard returned. If the Successful Proposer fails to execute and deliv ' the required performance and payment bonds Form of Agreement and furnish q p Notice of •(10)after the Notice of Award, within ten days Owner may annul the• Bidat Proposer will be forfeited. The Bid Security Award and the Security of that P and the • will be retained until after the Contract is awarded of other Proposers wil .. bids are rejected, Form of Agreement becomes effective, or all Standard � whereupon Bid Security furnished by such Proposers will be returned. 8. Contract Time in is to be Substantially Completed, as set forth in The number of days which the Work extension of Standard Form of Agreement, the Proposal Form and the subject to such time as May be due under the terms and conditions of the Contract Documents ("Contract Time"). q 9. Liquidated Damages and Early Completion Bonus • for 7 earlycompletion bonus, if any, are set forth in Provisions liquidated damages and p the Standard Form of Agreement. 10. Substitute or "Or -Equal" Items willon the basis of the selected materials and equipment The Contract, if awarded, be . � t consideration of Plans or specified in the Specifications withoLi described in the �� P �� • i items. Whenever it is indicated in the Plans or possible substitute or "or -equal" a substitute or "or -equal" item of material or specified in the Specifications thatto Engineer, P •furnished or used by the Contractor if acceptable g equipment may be acceptance will not be considered by Engineer ineer until after- the for such application 11 /2007 00200 - 5 of 9 CITY OF PEARLAND Agreement becomes effective. 11 "or -equal" references shall be interpreted to mean All application by equal". Theprocedure for submission of any suchpp "or approved eq Cont ractor and consideration by Engineer is set forth in the Contract Documents. 11. Proposal Form INSTRUCTIONS TO PROPOSERS 00300 —Proposal 1 1 . l The Proposal Form (Sectionl Form) is included with the p • additionalcopies may be obtained from Engineer(or the Proposal Documents;add�t cop issuing office). Form must be completed in ink or by typewriter. 11.2 All blanks on the Proposal For � The Proposer shall bid all Add Alternates, if any. The Proposer shall initial each page of the Proposal Form. ' must be executed in the corporate name by the 11.3 Proposals by corporations officer accompanied be president or a vice-president (or other corporate sign)and the corporate seal must be affixed and evidence of authority to the secretar or an assistant secretary. The corporate ad dress and attested by Y p state of incorporation must be shown below the signature. be executed in the partnership name and signed 11.4 Proposals by partnerships must •�r general partner, whose title must appear under the signature, and if a by a genera executed as required above for corporations, and the corporate general partner, q official address of the partnership must be shown below the signature. 11.5 All narnes must be typed or printed below the signature. 1 1.6 The Proposal shall contain an acknowledgment cknowled ment of receipt of all Addenda (the number of which must be filled in on the Proposal Form). 11.7 The address and telephone number for communications regarding the Proposal must be shown on the Proposal Form. 12. Submission of Proposals place, date and/or time designated for opening Proposals may be changed in p g acco rdance with applicable laws, codes and ordinances. ' duplicate at the time and place indicated in the Request Proposals shall be submitted in p for Proposals and sh all be enclosed in an opaque sealed envelope marked with the . the Proposer and accompanied by Bid Security. Project title and name and address of p envelope '�throughthe snail or other delivery system the sealed p If the Proposal is sent "PROPOSAL ENCLOSED" se arate envelope with the notation PROPOS shall be enclosed in a p on the face of it. are invalid and will not be considered. Proposals Verbal, facsimile, or electronic bids ened. submitted af ter the bid date and time will be returned to the Proposer unop 00200 - 6 or 9 1 1 /2007 CITY OF P GARLAND INSTRUCTIONS TO PROPOSERS 13. Modification and Withdrawal of Proposals ' withdrawn byan appropriate document duly 13.1 Proposals may be modified or to the manner that a Proposal must be executed) and delivered executed (in the p rior to the opening of place where Proposals are to be submitted at any time p not modify orverbal, Proposals. A Proposer may y withdraw its Proposal by e resubmitted prior facsimile or el ectronic means. A withdrawn Proposal may b to the designated time for opening Proposals. after Proposals are opened, any Proposer files 13.2 If, within twenty-four (24) hoursp a duly signed, wri tten notice with Owner and promptly thereafter demonstrates Owner that there was a material to the reasonable satisfaction of mistake in the request to withdraw it • s Proposal Proposal, that Proposer mayp preparation of its p and the bid security maybe returned or forfeited at the discretion of the Owner. Thereafter, that Proposer will be disqualified from further bidding on the Project to be provided under the Contract Documents. 14. Opening of Proposals willtheir responsiveness will be assessed aloud, publicly. Proposals be opened, and P an will be An abstract of the arnoLi nts of the base Proposals and major alternates (ify) •after the opening 7 of Proposals. Proposals, in their entirety, made available to Proposers p g the exception of public ins p shall be open for inspection after the contract is awarded, with p information contained therein, provided Proposer has any trade secrets or confidential ntified an specific information contained therein as being trad e secrets or expressly ide Y P confidential information. 15. Proposals to Remain Subject to Acceptance to acceptance for sixty (60) days after the day of the All Proposals will remain subject P Proposal opening, Proposal and but Owner may, in its sole discretion, release any return the bid security prior to that date. 16. Award of Contract ' anyand all Proposals, to waive any and, all 16.1 Owner reserves the right to reject to negotiate not involving price, time or changes in the Work andg informalitiesg contract terms with the Successful Proposer. Owner may Ject a bid as non- responsive if: 1) Proposerre fails to provide required Bid Security; 2) Proposer ' completes or fails to complete all information required improperly or illegibly comp • Ythe Proposal or the Proposal Documents; 3) Proposer fails to sign p by P its Proposal; 5) Proposer improperly signs the Proposal; 4) Proposer qualifiesunit • iimproperly submits its Proposal; 6) Proposer fails to sub tardily orotherwise ir�np p Y the Qualifications of4 of these instructions Proposer as required under section to Proposers; or 7) Proposal is otherwise non -responsive. In determining the 1 1 /2007 00200 - 7 of 9 INSTRUCTIONS TO PROPOSERS CITY OF PEARLAND indetermining to whom to award a contract, value for the Owner, and deter � ofthe Proposer and best reputation p consider: 1) purchase price; 2) Pservices; Owner may p � •' goods or 'goods or services; 3) quality of Pro osei s ice's Proposers Proposer's • services meet the Owner's needs; 5) P 4 extent to which the goods or se relationship with the Owner, 6) impact on the ability of Owner to comply past P � with historically underutilized withlaws and rules relating to contracting persons with disabilities; es and nonprofit organizations employing Y y g P business ro oser'sgoods or services; 8) the 7-term cost to Owner to acquire P p 11 listed e 7) total long n other relevant criteria specifically Qualifications of Proposer; and 9) any 1 ication of units of Q s. Discrepancies in the multiplication in the Proposal Documents. P prices. Discrepancies prices will be resolvedthereof Work and unit unit in favor of the n of figures and the correct sum be tween the indicated sum of any column � will be resolved in favor of the correct sum. ' consider the Qualifications of the 16.2 In evaluating Proposals, Owner willrescribed Proposers, whether or not the Proposals comply with the p requirements, and such alternates, unit prices and other data, as may bep ward. Pro osal Form or prior to the Notice of A requested in the investigations as Owner deems necessary to assist in 16.3 Owner may conduct such qualifications Proposal and to establish the responsibility, q the evaluation of any P Subcontractors, suppliers and other financial ability and of Proposers, proposed form and furnish the persons and organizations to per Work in accordance with in the Contract Time. the Contract Documents, to Owner's satisfaction, with see whose Proposal is responsive and 16.4 i The contract s to be awarded to the Propo o goods or services at the best value for the Owner. provides g 17. Contract Security ' the executed Standard Form of Agreement to When the Successful Proposer delivers t Maintenance and be accompanied by the Performance, Payment, Owner, it must be Documents. Bonds may be on the Surfa ce Correction Bonds required by the Contractchanges, as an forms provided herein org equal form containing no substantive determined by Owner. 18. Signing of Agreement • the Successful Proposer, it will be When Owner gives a Notice of Award to Form of of unsigned counterparts of the Standard accompanied by the required numberg forms. Within ten (10) P required Performance and Payment Bond for m Agreement, and the signdeliver the required number of counterparts of days thereafter Contractor shall and q • ten(10) nt to Owner with the required Bonds. Within the Standard Form of Agreement days thereafter, Owner shall deliver one fully signed ned counterpart to Contractor. There Y 1 1 /2007 00200 - 8 of 9 INSTRUCTIONS TO PROPOSERS CITY OF PEARLAND and the Successful Proposer until contract or agreement between Owner authorized shall be no . • n of the Standard Form of Agreementby proper execution and attestation representatives of the Owner. 19. Pre -proposal Conference The Owner will not hold a pre -proposal conference. 20 • Retainage Provisions concerning retainage are set forth in the Contract Documents. • END OF SECTION • Is 00200 - 9 of 9 11 /2007 CITY OF PEARLAND PROPOSAL FORM Section 00300 PROPOSAL FORM Date: January 31, 2008 Proposal of All Play, iNc.mcvaiwooprici3xmp a corporation organized and existing under the laws of the State of Texas / a partnership consisti -ig of for the design, supply, and installation of: Centennial Water Play Park in Centennial Park City of Pearland Texas COP PN: PK0701 PROPOSAL NO. 1208-09 (Submitted in Duplicate) To: The Honorable Mayor and City Council of Pearland City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Pursuant to the published Request for Proposals, and Instructions to Proposers, the undersigned Proposer hereby proposes to do all the work and furnish all necessary superintendence, labor, machinery, equipment, tools and materials, and whatever else may be necessary to complete all the work described in or reasonably inferable from the Contract Documents for the design, supply and installation of the Centennial Water Play Park, in Centennial Park, with all related appurtenances, complete, tested, and operational, in accordance with the Plans and Specifications prepared by the Engineer, Ion Design Group LLC, 2800 Henderson Avenue, Studio 100, Dallas, Texas 75206, (214) 370 3470, Mr. Jeffrey H. Cohen, P.E under the City of Pearland's inspection for total purchase price set forth on the attached proposal sheet(s) which bears the undersigned's initials for identification. It is understood that, in the event any changes are ordered on any part of the Work, the Proposer shall provide an additional Proposal(s) to add to or deduct from the total prices for the parts of the Work so changed. The Bid Security required under the Request for Proposals is included with this Proposal. The Proposer agrees to submit to the Owner the Qualifications of Proposer including the Financial Statement of Proposer, as required by the Instructions to Proposers if requested to do so as a condition of the Proposal review. The Proposer binds himself upon acceptance of his Proposal to execute the Standard Form of Agreement and furnish a Performance Bond and a Payment Bond, each in the amount of one hundred percent (100%) of the total Contract Price, according to the forms included in the Contract Documents. Proposer's Initial's: )1.4 11/2007 00300 - 1 of 3 CITY OF PEARLAND PROPOSAL FORM The undersigned Proposer agrees to commence work within ten (10) days after the date of a written notice to commence work. It is understood that the Work is to be Substantially complete within sixty (60) days after the date of the notice to commence work. Time for Substantial Completion shall begin on the date established by the notice to commence work. The Contractor will pay liquidated damages in the amount(s) specified in Document 00500 — Standard Form of Agreement in the event the Work is not Substantially Complete in this time limit. *See Attached Drawings and Descriptions for Option 1 and Option 2. Item Spec. No. No. Item Description Purchase Price BASE PROPOSAL ITEMS Water Play Park, including site preparation, concrete slab, water play - 1 all elements, operating user -activated system & controllers, controls, and water utility distribution connections. system, automatic $ 140, 000.00 TOTAL BASE PURCHASE PRICE $140 , 000.00 ADD ALTERNATE NO. 1 2 13080 Cementitious Topping Option 1 Deduct: $14 , 610.00 Option 2 Add: $17 , 420.00 Option l: $125,390. TOTAL PURCHASE PRICE with ADD ALTERNATE NO. 1 Option2 $�i�7,420.a ADD ALTERNATE NO. 2 2 13080 Poured -In -Place Rubber *Based Coating* 50% Color/50% on 1" thick, Black * $28, 350.00 1:$153,7.40: TOTAL PURCHASE PRICE with ADD ALTERNATE NO. 2 jOption Option2:$168,350.0 The undersigned Proposer hereby declares that the following documents and information are included with and made part of this Proposal: 1. Schematic Design a. Water Play Features & Elements, including number, type & arrangement b. User -Activated Controls c. Water Distnbution System d. Automatic, Programmable Operating System e. Cementitious Topping or Rubber Coating System f. Warranties 2. Brief Narrative of Proposer's Previous Experience 3. List of Proposer's On -Going Projects 4. List of Proposed Sub -Contractors and Suppliers 5. List of Proposer's References 6. Bid Security Check if Included t✓ Lev try It is agreed that the Contract Price is a lump sum price, and that the proposal items in the Proposal Form included herein are for the purposes of establishing percent complete for each individual proposal item during the monthly pay request process. Proposer's Initial's: 11/2007 00300 - 2 of 3 CITY OF PEARLAND PROPOSAL FORM It is agreed that the Contract Price may be increased or decreased to cover work added, altered, or deleted by order of the Engineer, in accordance with the provisions of the General Conditions of Agreement. The undersigned agrees that the amounts proposed in this Proposal will not be withdrawn or modified for sixty (60) days following date of Proposal opening, or such longer period as may be agreed to in writing by the City of Pearland and Proposer. It is understood that in the event the Successful Proposer fails to enter into the Standard Form of Agreement and/or to furnish a Performance Bond and Payment Bond each in the amount of one hundred (100) percent of the Contract Price, within ten (10) days of the Notice of Award, the Successful Proposer will foifeit the Bid Security as provided in the Instructions to Proposers. Unless otherwise expressly provided herein, all references to "day(s)" shall mean calendar day(s). The following Addenda have been received. The modifications to the Proposal Documents noted therein have been considered and all costs thereto are included in the Proposal purchase prices. AddendumNo.: 1 Date: 1/17/08 AddendumNo.: 4 Date: 1/30/08 AddendumNo.: 2 Date: 1/21/08 AddendumNo.: Date: Addendum No.: 3 Date: 1/24/08 Addendum No.: Date: Proposer hereby represents that the only person or parties interested in this offer as principals are those named above. Proposer has not directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding. Firm Name: All By: Kurt F trell Title: P sident Inc Address: 13903 Van Wall, Houston, TX 77040 Phone No: 713-939-9888 ATTEST: Mark Reynolds, Vice President (Typed or Printed N me) Signature_ - Date: January 31, 2008 END OF SECTION (Seal, if Proposer is a Corporation) Proposer's Initial's: 11/2007 00300 - 3 of 3 CITY OF PEARLAND PROJECT: BID NO.: BID DATE: FROM: ADDENDUM NO. 1 Section 00901 ADDEMDUM NO. 1 Date: January 17, 2008 Centennial Water Play Park, in Centennial Park; COP Proj. No. PK0701 1208-09 January 24, 2008; 2:OOp.m. Jeffrey H. Cohen, P.E. Senior Civil Engineer Ion Design Group, LLC 2800 Henderson Avenue Studio 100 Dallas, TX 75206 To: Prospective Bidders and Interested Parties This addendum forms a part of the bidding documents and will be incorporated into the Contract Documents, as applicable. Insofar as the original Contract Documents, Specifications, and Drawings are inconsistent, this Addendum shall govern. Please acknowledge receipt of this Addendum on both copies of the Bid Proposal form, Section 00300 submitted to the City of Pearland. FAILURE TO ACKNOWLEDGE RECEIPT OF ADDENDA ON THE BID PROPOSAL FORM MAY BE CAUSE FOR DISQUALIFICATION. CONTRACT DOCUMENTS: 1.1 SECTION 00300 Proposal Form & SECTION 00500 Standard Form of Agreement Contract Time: This Request for Proposals, in both the "Proposal Form" and "Standard Form of Agreement", requires the Work to be Substantially Complete within sixty (60) calendar days (including weekends and holidays) from the date when the Contract Time commences to run, that is, from the date of the notice to commence work. The City of Pearland understands that significant lead times to manufacture certain equipment and fabricate playground components may adversely impact, and even exceed, the stipulated 01/2008 00901 - 1 of 2 CITY OF PEARLAND ADDENDUM NO. 2 Section 00902 ADDEMDUM NO. 2 Date: January 21, 2008 PROJECT: Centennial Water Play Park, in Centennial Park; COP Pro.). No. PK0701 BID NO.: 1208-09 BID DATE: January 31, 2008; 2:OOp.m. FROM: Jeffrey H. Cohen, P E Senior Civil Engineer Ion Design Group, LLC 2800 Henderson Avenue, Studio 100 Dallas, TX 75206 To: Prospective Bidders and Interested Parties This addendum forms a part of the bidding documents and will be incorporated into the Contract Documents, as applicable. Insofar as the original Contract Documents, Specifications, and Drawings are inconsistent, this Addendum shall govern. Please acknowledge receipt of this Addendum on both copies of the Bid Proposal form, Section 00300 submitted to the City of Pearland. FAILURE TO ACKNOWLEDGE RECEIPT OF ADDENDA ON THE BID PROPOSAL FORM MAY BE CAUSE FOR DISQUALIFICATION. CONTRACT DOCUMENTS: 2.1 SECTION 00100 Request for Proposals Delete the third line of the first paragraph on Page 00100-1 and replace it with the following: 77581 until 2:00 p.m., Thursday, January 31, 2008 , at which time they will be publicly opened, END OF ADDENDUM NO. 2 Jeffrey H. Cohen, P.E. Senior Civil Engineer 01/2008 00902 - 1 of 1 CITY OF PEARLAND ADDENDUM NO. 3 Section 00903 ADDEMDUM NO. 3 Date: January 24, 2008 PROJFCT: Centennial Water Play Park, in Centennial Park; COP Prof. No. PK0701 BID NO.: 1208-09 BID DATE• January 31, 2008; 2:OOp.m. FROM: Jeffrey H. Cohen, P.E. Senior Civil Engineer Ion Design Group, LLC 2800 Henderson Avenue, Studio 100 Dallas, TX 75206 To: Prospective Bidders and Interested Parties This addendum forms a part of the bidding documents and will be incorporated into the Contract Documents, as applicable. Insofar as the original Contract Documents, Specifications, and Drawings are inconsistent, this Addendum shall govern. Please acknowledge receipt of this Addendum on both copies of the Bid Proposal form, Section 00300 submitted to the City of Pearland. FAILURE TO ACKNOWLEDGE RECEIPT OF ADDENDA ON THE BID PROPOSAL FORM MAY BE CAUSE FOR DISQUALIFICATION. SPECIFICATIONS: 3.1 SECTION 01100 Summary of Work Delete Paragraph 1.02.G in its entirety, and replace it with the following Paragraph 1.02.G: G. The Contractor shall be required to connect to an existing water service that will terminate near the elevated pad constructed for the aquatic playground. The Contractor shall also be required to connect to an existing power supply. Power supplied to the site will be 120/240V, 1 0, 3-wire to a circuit board near the existing pavilion. A single circuit is dedicated to the water park, and a 1-inch conduit with conductors will be stubbed -up to a Junction box near the pad, the same as the water supply. 01/2008 00903 - 1 of 2 CITY OF PEARLAND 3.2 SECTION 01100 Summary of Work Add the following paragraph immediately after Paragraph 1.02.I: ADDENDUM NO. 3 J. The requirement for a field office, as specified in Section 01500 Paragraph 1.06, is hereby waived 3.3 SECTION 01100 Summary of Work To help quantify Note 3 on Exhibit El 02, please consider the following: The length of temporary orange plastic construction fence to be placed along the wetland buffers is approximately 500 linear feet on the south side and approximately 160 linear feet on the north side. 3.4 SECTION 13080 Aquatic Playground Equipment & Structures Delete Paragraph 2.4.C.2 in its entirety, and replace it with the following Paragraph 2.4.C.2: 2. Cast bronze or PVC solenoid valves designed for chemically treated water, 2-way normally closed, rated for 20 psi to 125 psi and 20 gpm to 90 gpm, and pre -wired to automated control system; Jeffrey H. Cohen, P.E. Senior Civil Engineer FND OF ADDENDUM NO.3 01/2008 00903 - 2 of 2 CITY OF PEARLAND ADDENDUM NO. 4 Section 00904 ADDEMDUM NO. 4 Date: January 30, 2008 PROJECT: Centennial Water Play Park, in Centennial Park; COP Prof. No. PK0701 BID NO.: 1208-09 BID DATE: January 31, 2008; 2:00p.m. FROM: Jeffrey H. Cohen, P.E. Senior Civil Engineer Ion Design Group, LLC 2800 Henderson. Avenue, Studio 100 Dallas, TX 75206 To: Prospective Bidders and Interested Parties This addendum forms a part of the bidding documents and will be incorporated into the Contract Documents, as applicable. Insofar as the original Contract Documents, Specifications, and Drawings are inconsistent, this Addendum shall govern. Please acknowledge receipt of this Addendum on both copies of the Bid Proposal form, Section 00300 submitted to the City of Pearland. FAILURE TO ACKNOWLEDGE RECEIPT OF ADDENDA ON THE BID PROPOSAL FORM MAY BE CAUSE FOR DISQUALIFICATION. SPECIFICATIONS: 4.1 SECTION 00200 Instructions to Proposers Delete Paragraph 4.1.5) in its entirety, and replace it with the following Paragraph 4.1.5): 5) Within two (2) days of Owner's request, each Proposer must be prepared to submit a Financial Statement of Proposer consisting of the balance sheet and annual income statement of Proposer for the Proposer's last fiscal year end preceding the submission of the Proposal. The Financial Statement of Proposer shall be used to determine a Proposer s net working capital, which is defined as current assets less current liabilities. A Proposer's net working capital shall be considered evidence of the Proposer's ability to provide sufficient financial management of the project being proposed. The Proposer's Financial Statement shall be clearly and conspicuously marked as "confidential", and shall be 01/2008 00904 - 1 of 2 CITY OF PEARLAND ADDENDUM NO. 4 deemed and treated as confidential and excepted from the Public Information disclosure requirements of Texas Government Code Section 552.001 et seq., as such information if released would give advantage to a competitor or proposer, and/or would cause substantial competitive harm to Proposer. END OF ADDENDUM NO. 4 Jeffrey H. Cohen, P.E. Senior Civil Engineer 01 /2008 00904 - 2 of 2 II lay tInc Centennial Water Park - Option 1 *Option 1 base bid is based on cementitous topping over concrete. Design Description: The following aquatic playground is designed as a potable water system and has 6 above ground spray features and 13 flush mounted spray features for a total of 19 features on a 40' x 75' hourglass shaped pad. There are 16 discharge lines going to the features allowing the water features to be programmed with on/off sequences for optimal interactive fun. When the activation bollard(s) are touched, a 2-5 minute sequence will run and the next program will begin when the bollard is touched again. The control panel will come with several programs which can be updated and changed. The following system is not engineered based on specific health code. If specific codes needs to be honored, the following quote may change. H2O Fun System to include: 1 29153 Lil' AquaShroom 1 29152 Lil' AquaStream 1 29154 Rainy Daisy 2 29115 Water Cannon 1 30027 Water Dancer 2 29209 Double Puddle Jumper 4 29201 Gusher 1 29205 Gusher Circle 1 29211 Inward Spray Circle 1 19765 Water Basket 1 29206 Water Tunnel 2 29203 Weeping Willow 2 29303 Activation Bollard 1 Custom Stainless Steel Manifold with (16) PVC Discharge Lines 4 29179 Drain 1 29803 16 Output City Water Controller with programmable relay 1 Custom Underground valve box enclosure 13903 Van Wall Houston, Texas 77040 (713) 939-9888 Fax: (713) 939-03-04 AI I PlayDoes ItAI I.com /� �\\ / 0 DOUBLE PUDDLE JUMP z� CC �\"------__ 6011111. co.rrd..play systam* All Centennial Water Park - Option 2 YIOYYOWYO *Option #2 Base Bid Proposal is based on broom finish concrete, no topping. Design Description: The following aquatic playground is designed as a potable water system and has 8 above ground spray features and 16 flush mounted spray features for a total of 24 features on a 40' x 72' custom shaped pad. There are 19 discharge lines going to the features allowing the water features to be programmed with on/off sequences for optimal interactive fun. When the activation bollard(s) are touched, a 2-5 minute sequence will run and the next program will begin when the bollard is touched again. The control panel will come with several programs which can be updated and changed. The following system is not engineered based on specific health code. If specific codes needs to be honored, the following quote may change. H2O Fun System to include: 1 29122 Buckets 0' Fun 1 29153 Lil' AquaShroom 1 29152 Lil' AquaStream 1 29154 Rainy Daisy 1 29115 Water Cannon 2 29159 Water Coil 1 30027 Water Dancer 3 29209 Double Puddle Jumper 5 29201 Gusher 2 29205 Gusher Circle 1 29211 Inward Spray Circle 1 19765 Water Basket 1 29208 Water Line 1 29206 Water Tunnel 2 29203 Weeping Willow 2 29303 Activation Bollard 1 Custom Stainless Steel Manifold with (19) PVC Discharge Lines 4 29179 Drain 1 29803 24 Output City Water Controller with programmable relay 1 Custom Underground valve box enclosure 13903 Van WaII Houston, Texas 77040 (713) 939-9888 Fax: (713) 939-03-04 AI I PIayDoes ItAI l .corn 1 1 • Ammi. .111111111111. s Identify your desired water supply requirement Determine if your selection or code requires a recycling system. If not, we recommend a city water system depending on the size of your park. • Determine the available space for your aquatic playground Consider factors like age -appropriateness, play flow patterns and splash containment Our representatives are trained to assist you in this determination. Seta budget Our representatives will optimize your aquatic playground dollar by offering several optional layouts to best address both your financial and enjoyment goals. Site 'amenities Be sureto consider adding amenities like drinking fountains, clock and shower when planning your aquatic playground. Safety and security Consider any safety and security issues such as vandalism and unauthorized use of the park. H2O Fun is ready to assist and address any concern. Warranty Wm. Hobbs, Ltd. provides a one (1) year warranty on all components. This warranty covers damage due to defects in workmanship and material that causes the product to become structurally unfit for its intended use and is valid for products under normal use and proper maintenance only. The warranty specifically exclude damage caused by vandalism, negligence, improper installation or improper use, changes in appearance as a result of weathering scratches, dents or marring as the result of use. The warranty is valid only if products are installed and maintained in accordance with manufacturer's instruction and only approved parts are used. Wm Hobbs Ltd. excludes from warranty the cost to remove parts and reinstall replacements due to cosmetic defects or coating deterioration caused by climatic conditions. Hobbs Ltd: s liability under such warranty for component parts, which Wm. Hobbs, Ltd. has based from others, shall not be greater than the warranty liability assumed by the supplier or urer of such component parts. shall_Wm.:_Hobbs,_ Ltd.be liable under such warranty for any labor, downtime, ase expense of operation of Wm. Hobbs, Ltd. supplied or other equipment, loss of ants or incidental or consequential damages of any kind. BUYER shall assume all or and risk of any loss or damage to all equipment sold pursuant hereto from and after de °eny to the earner. Misuse of equipment causing the flooding of the equipment vault shall not be considered under warranty Returned equipment must be received prior to release of replacement part or no later than 30 days from issuance of conditional invoice in order to be considered for full warranty. If damage is the result of defect(s) in material(s) and/or workmanship, the conditional invoice will be cred ted 1 TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY IS EXPRESSLY IN LIEU OF ANY OTHER IMPLIED OR EXPRESSED WARRANTIES -OR REPRESENTATION BY ANY PERSON INCLUDING ANY IMPLIED WARRANTY OE_MERCHANTABILITY OR FITNESS. THIS WARRANTY PROVIDES VALUABLE RIGHTS TO _YOU. 001 DuraPlay, Inc. Manufacturer's Specifications General Specifications Product DuraPlay Surfacing System DESCRIPTION: Provide all materials, labor and equipment necessary to install the Duraplay Surfacing System, a poured in place safety surface designed for playgrounds and water play areas. COMPOSITION: Duraplay Surfacing System consists of two layers. A. Basemat made of 100% recycled styrene butadiene rubber (SBR) mixed with polyurethane. B. Top Surface made of ethylene propylene diene monomer (EPDM) mixed with polyurethane MATERIALS: A. Duraplay Primer: A single -component moisture cured polyurethane primer. B. Duraplay Binder: An elastic polyurethane pre -polymer MDI based, low odor, capable of excellent weath- ering and binding characteristics. Binder shall contain no TDI Monomers. C. Durplay Black SBR: Shall be recycled SBR Rubber 1. Shall be cryogenically processed 2. Shall be chopped to 1-3mm or 3/8" shredded granules and contain less than 4% dust. 3. Shall be packed in suitable bags to protect SBR from moisture, 4. Basemat thicknesses: 1 to 4 inches depending on playground equipment. Contact DuraPlay, Inc. D. Duraplay EPDM Rubber: A manufactured rubber having a density of 1 to 3mm. 1. Available in red, beige, eggshell, yellow, grey, blue, green, black, purple, brown, orange, and light blue 2. Available in any mixture of above colors. 3. Thickness is nominal 1/2" or 2.2 Ibs per square foot. QUALITY ASSURANCE: A. Qualifications 1. The Applicator/ Installer shall be trained and approved by Duraplay Inc. 2. All components of the Duraplay Surfacing System shall be obtained from Duraplay or its authorized distributors. No substitutions or additions of other materials shall be submitted without prior written permission from Duraplay, Inc. 3. Acceptable substrates for the Duraplay Playground System include asphalt, concrete and compacted stone. 4. Other substrates shall be approved by Duraplay, Inc. prior to application. 5. Systems to be considered equal to those specified herein shall be approved by the Architect, in writing, at least ten working days prior to the project bid date. B. Delivery, Storage and Handling: 1. Deliver all materials in original unopened packages with labels intact. 2. Store all materials protected from weather and at temperature not less than 40° F (4°C). Job Conditions* 1. Ambient air temperature shall be 40°F (4°C) or greater and rising at the time of installation of the Duraplay System and shall remain at 40°F or greater for at least 3 days after application. 2. Adjacent materials and the Duraplay System shall be protected during installation while curing and/or unattended from weather and other damage. C. TECHNICAL INFORMATION• A. Applicable Standards 1. Shock attenuation under ASTM-F-1292 — GMAX Tess than 200 2. Head Injury Criteria — less than 1000 3. Non -slip charactenstics under ASTM-E-303 4. Flammability under 8S -5696 and ASTM-D-2859 5. Tensile strength (ASTM D412) - 60 psi 6. Tear resistance (ASTM D624) —140% B. Chemical Properties 1. Basemat: 86% SBR Rubber Buffings, 14% Polyurethane Binder 2. Top Surface: 81 % EPDM Rubber Granules 19% Polyurethane Binder INSTALLATION: A. Inspection: Prior to application of DuraPlay Playground System, the substrates shall be examined for compliance with the contract document of Duraplay specifications. The general contractor and architect shall be advised of all discrepancies. Work shall not proceed until unsatisfactory conditions are corrected. B. Duraplay Primer: 1. Apply primer by spray or short nap roller at the rate of 300 square feet per gallon. Do not over saturate substrate. Prime area 1 1/2-2 feet around perimeter and any adjacent vertical barriers such as playground equipment support legs, curbs or edging that will contact the surfacing system. NOTE: Do not use Duraplay primer over compacted stone. C. Duraplay Base Mat. 1. Apply mixed binder/SBR at desired thickness using a screed bar. 2. Using a steel pool trowel, even binder/SBR mixture. Be sure to continuously lubricate trowel with kerosene diesel fuel or soapy water. Do not saturate surface with these lubricants. 3. As the mixture is leveled apply a downward pressure onto the surface so that the mixture compacts tightly. 4. Check surface to be level. 5. Allow to dry for a minimum of 24 hours or until no indentations can be made by foot traffic. D. Duraplay Top Surface: 1. Apply mixed binder/granule at desired thickness using a screed bar. 2 Using a steel pool trowel even rubber/granule mixture Be sure to continuously lubricate trowel with kerosene, diesel fuel or soapy water. 3. As the mixture is leveled apply a downward pressure onto the surface so that the mixture compacts tightly. 4. Check surface to be level. 5. Allow to cure for a minimum of 48 hours prior to usage. At the end of the minimum curing period, verify that the top surface is sufficiently dry and firm to allow foot traffic and use without damage to the surface. Do not allow foot traffic or use of the surface until tt is sufficiently cured. E. Edge Detail: See DuraPlay brochure. WARRANTY: Our standard warranty period is 5 years from the date of completion for all 100% color jobs. All Jobs containing black in the top course or jobs in water applications receive a standard 2 year warranty. PROTECTION It is the responsibility of the customer to provide security to protect the drying surface from footprints and vandalism. CLEANING AND MAINTENANCE: DuraPlay Surfaces, like any flooring material, require periodic cleaning. The frequency of cleaning depends on the intensity and type of traffic on the surface. DuraPlay Surfaces are self-sufficient; therefore, excessive cleaning is needed only when outside contaminants are introduced. In some cases, dissolved salts in water ("hard water') or the environment can cause a whitish film to develop on the DuraPlay Surface. If this occurs, immediate cleaning is necessary to enhance the original colors of the surface. The Cleaning Process: For "whitish" film or mildew deposits, we recommend using Soft Scrub with Bleach to clean the surface. Initially dilute the Soft Scrub at a proportion of 1 part cleanser to 2 parts water and mix well. Scrub the surface with a stiff - bristled scrub brush. Rinse well with water. If the stains persist, repeat the process above with a 1 to 1 cleanser/ water ratio. For excessive residue, use the cleanser without diluting. Another method of cleaning is pressure washing with a Tight spray nozzle (caution — heavy spray nozzles may damage surface). If any questions arise, please do not hesitate to contact DuraPlay, inc. for technical assistance. 1818 Fitts Acres Road • Wlmbertey. Texas 78676 • 512.847.2473 With over 17 years of resurfacing pool decks, patios, driveways, sidewalks, and other concrete surfaces, Bullion Coatings is the leader in the business. Dale Bullion, owner of Bullion Coatings, says "We take your pool from the 50's to the new Millennium." Concrete is repaired, the walking surface around the pool becomes slip -resistant, at least 30% cooler than concrete or pea -gravel and is virtually maintenance free. Plain concrete undergoes a metamorphosis when resurfaced with Dale's acrylic coating. Brick, tile and slate patterns can be created for a refreshed natural look. Dale and his crews have supervised or installed literally millions of square feet of coatings for homes all over the city, and country. His commercial business is booming and Dale has completed work on numerous apartments, hotels and building entrances. But the man who surveys major hotels also takes pleasure in resurfacing backyard patios. "That's why my name is on my business, not the product," says Dale. "It's not so much what I do or where I do it, it's that the service is good and that I stand behind it." To beautify your pool deck, patio, driveway, or brighten your sidewalk or any exterior concrete, Dale and thecrew at Bullion Coatings urge you to "Go for the Gold!" What is the guarantee? SUNDEK has a unconditional guaranteed 2 years against defective workmanship bond failure; i.e., including lifting, flaking, peeling and chipping. .ld.,play .yttain. ilk)! ; Ohl aye ! np Plat?/Y[1 All Play, Inc. proposes to furnish all labor supervision, materials, supplies, equipment, tools and necessarily related insurance's normally required to deliver and install items per the specification of this project: Centennial Water Play Park in Centennial Park All Play, Inc. is committed to providing services within the contracted time period given with the highest standards placed on the safety of all equipment installed. Every step will be taken to work closely with architects, inspectors and other interested parties to insure all specifications and/or necessary changes are adhered to in a prompt and efficient manner. 13903 Van Wall Houston, Texas 77040 (713) 939-9888 Fax: (713) 939-03-04 All ayu np et1Iri®ti The number of employees working on this project will vary per site and on an "as needed" basis The following is a list of management personnel, both field and office, dedicated to the project. Kurt Futrell, President- 22 years in playground equipment systems sales Mark Reynolds, Vice President/ Project Manager- 28 year's general construction industry, and 19 years parks and playgrounds industry John Duncan, Supervisor- 18 years general construction, 17 years parks and playgrounds. Equipment Supplier: H2O Fun AWM. Hobbs, Ltd. Company 3786 bekalb Technology Pkwy Atlanta, Georgia 30340 Subcontractor for this project: Joe Cunningham Construction - 35 years in general construction industry Joe Cunningham, Owner 6510 Ridgeway Houston, Texas 77087 13903 Van Wall Houston, Texas 77040 (713) 939-9888 Fax: (713) 939-03-04 I I t Id 13903 Van Wall Houston, Texas 77040 (713) 939-9888 Fax: (713) 939-03-04 Email: allplay@allplayinc.com Web Site www.allplayinc.com Company Description & Qualifications General Information: Name of Company: All Play, Inc Address: 13903 Van Wall Street Houston, TX 77040 Phone: (713)939-9888 Fax: (713)939-0304 Years Experience in the Playground Equipment Industry: 16 Years Type of Business: Corporation State and Date of Incorporation: Texas, February, 1991 Years Representing PlayPower LT Farmington, Inc.: 11 Years Manufacturing Firm: PlayPower LT Farmington, Inc. One Iron Mountain Drive Farmington, MO 63640 All Play, Inc. Contact Information: Kurt Futrell, President Mark Reynolds, Vice President Qualifications: P layPower LT Farmington, Inc is a division of Play Power, a publicly held company. All Play, Inc. is the sole d istributor of PlayPower LT Farmington, Inc. in this area. Intention: P layPower LT Farmington, Inc. is the only manufacturer that provides $12,000,000.00 in product liability insurance and whose representative agency, All Play, Inc. provides all general contracting and aspects of installation/construction 'in house". Additionally, All Play, Inc. stocks a good supply of replacement/repair parts at our local Houston office which yields superior service and parts availability. The unparalleled quality of PlayPower LT Farmington, Inc. equipment we provide in addition to the total finished product we provide is evidenced at all of our local references. References Districts Alief .Independent School District 10 Projects Fort Bend Independent School District 13 Projects City Of Houston Parks 11 Parks Houston Independent School District 32 Projects Harris County 25 Projects KB Homes 1.3. Projects Great America 7 Projects Conroe Independent School District 23 .Projects Cypress Fairbanks Independent School District 9 Projects Galena Park 13 Projects Spring independent School District 5 Projects Texas City Independent School District 4 Projects • Contacts: Dwight Brannon (281)498-8110 Errol Kramer • (281)634-1803 Terry OBannion (713)742-1417 Marcus Sheperd (713)676-9272 John de Bassonnet (713)775-5583 Gina Barnes (281)668-3817 David Garret (713)966-9911 Callie .Hudgins (936)709-7884 Scott Ledoux (281)897-4297 Dennis Kinser (713)450-9100 Don Marshall (281)587-3931 Jackie Johnson (409)942-2885 *Individual locations available upon request* A! I ayInp It111/N 1I Past projects with water splash park equipment: Rodeo Palms 2007 contact: Eric Unger 3300 Rodeo Drive telephone: 713-978-5900 Manvel, Texas 77539 Key Map 652-M Sunset Ridge 2007 contact: Anuar Tager 14903 Carriage Park Humble, Texas 77396 Key Map 376-U Harris County: Edna Mae Washington Park 2007 contact: Gilbert Smith 7613 Wade Road Baytown, Texas 77521 Key Map 460-U City of Houston: Montie Beach Park 2007 contact : Trent Rondot 915 Northwood telephone: 713-942-8505 Houston, TX 77009 Key Map 453-X 13903 Van Wall Houston, Texas 77040 (713) 939-9888 Fax: (713) 939-03-04 comm.rtlid pity systortis All ayInp WORK IN PROGRESS City of Houston Cliff Tuttle Skate Park 6200 Lyons Houston, Texas 77020 Houston ISD Deady Middle School SPARK Park 2500 Broadway Houston, Texas 77012 Kashmere High School 6900 Wileyvale Houston, Texas 77028 Harris County Bane Park 9600 W. Little York Rd. Houston, Texas 77040 Contract Amount $168,339.00 Est. Completion: January 2007 Contract Amount: $156,249.00 Est. Completion: February 2007 Contract Amount $68,407.00 Est. Completion: February 2007 Contract Amount: $458,439.00 Est. Completion: February 2007 13903 Van Wall Houston, Texas 77040 (713) 939-9888 Fax: (713) 939-03-04 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 01/31/2008 PRODUCER (281)897-9393 FAX (281)897-8484 Alpha/Omega Insurance Services, Inc. '11330 West Road Houston, TX 77065 Marie Kenjura THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERT FICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED All Play, Inc, All Play Unlimited LLC, All Play Construction LLC 13903 Van Wall Houston, TX 77040 INSURER A: Burlington Ins Co INSURER B: American States Ins (Safeco) INSURERC: James River Ins Co INSURERD: American Interstate Ins Co TX INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRL RC TYPE OF INSURANCE POLICY NUMBER DATE EFFECTIVE(MID POLICY (MMIDDIYYIIN LIMITS .AUD GENERAL LIABILITY HGL0016712 08/24/2007 08/24/2008 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES 4Fa ocrurence) $ 100 000 r CLAIMS MADE X OCCUR MED EXP (Any one person) $ 5,000 A X Blanket AI/WOS PERSONAL & ADV INJURY $ 1,000,000 X Primary/NonCont ri b GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 X POLICY PRO- JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ X ANY AUTO 01CG960765-3 12/31/2007 12/31/2008 (Ea accident) 1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) B HIRED AUTOS BODILY INJURY NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ X Blanket AI/WOS (Per accident) N/A GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ 2,000,000 X OCCUR CLAIMS MADE 00026557 08/24/2007 08/24/2008 AGGREGATE $ 2,000,000 C $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND AVWCTX1559822007 12/31/2007 12/31/2008 X WC TORY STATU- 1 IMITS OTH- FR EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 1,000,000 D ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1,000,000 It yes, describe under SPECIAL PROVISIONS below BLANKET WAIVERS E.L.DISEASE - POLICY LIMIT $ 1,000,000 aALLATION FLOATER 25CCO27681-3 $150,000 LIMIT B 12/31/2007 12/31/2008 DESCRIPTION Re: Certificate ,nth OF OPERATIONS Centennail a Waiver holder of 1 LOCATIONS Water Subrogation is 1 VEHICLES Play named Park as in I EXCLUSIONS Additional favor Proposal ADDED on the Insured BY ENDORSEMENT No. General 1208-09 with 1 SPECIAL Libility, respects PROVISIONS to the Auto & General Workers Liability Comp. and Auto CERTIFICATE HOLDER CANCELLATION City of Pearland 3519 Liberty Dr Pearland, TX 77581 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Gary Norris ACORD 25 (2001/08) ACORD CORPORATION 1988 11 • IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s) authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) CITY OF PEARLAND STANDARD FORM OF AGREEMENT Section 00500 STANDARD FORM OF AGREEMENT THIS AGREEMENT is by and between City of Pearland (hereinafter called OWNER or City) and All Plav Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete allwork °hereinafpercthed`Work"),indicated The Wok is generally inferable from the Contract Document described as follows: Centennial Water Play Park in Centennial Park City of Pearland, Texas COP PN: PK0701 PROPOSAL NO. 1208-09 Article 2. ENGINEER The Wotk has been designed by Ion Design Group LLC, 2800 Henderson Avenue, Studio 100, Dallas Texas 75206, (214) 370-3470, Mr. Jeffrey H. Cohen, P.E., who is hereinafter called ENGINEER and who is to assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME 3.1 The Work will be Substantially Complete (as defined in Article 1 of the General Conditions) within sixty (60) calendar days (including weekends and holidays) from the date when the Contract Time commences to run as provided in paragraph 5.01 of the General Conditions (as revised in the Special Conditions if applicable), and completed and ready for Final Payment within seventy five (75) calendar days from the date when the Contract Time commences to run. No work will be allowed on Sundays. s of 3.2 Liquidated Damages. OWNER at andCONTRACTOR Rwill srOiffer financial loss if thetWo Work s e essence of this Agreement andata ra h g p 3.1 above, plus any completed within the times specified in p extensions thereof allowed in accordance with Article 5 of the General Conditions. OWNER and CONTRACTOR also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual Toss suffered by OWNER if the Work is not RotaPaet d on time. CONTRACTOR Accordingly agrethat insteadoffliq�idated any such proof, OWNS 00500 - I of 7 07/2006 CITY OF PEARLAND damages for delay (but not as a penalty) ONTRA that Oe R shallires pay OWNER two hundred fifty dollars ($ 250 ) foreach e specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, r apningnWo� within the time R shall neglect, refuse or fail to complete er extens►on set out in the Certificate of Substantial Completion or any propOWNER thereof panted by OWNER, CONTRACTOR shall pay three hundred fifty dollars ($ 350 ) for each day that expires after the time specified in the Certificate of Substantial Completion for completion and readiness for Final Payment. ion nnel are from 3.3 Inspection Time. Working hours for 7h Fre iday, excluding gtCity approoved holidays. 7:30 a m. to 4:30 p.m., Monday through y The Contractor shall notify the OWNER of any required wageseforothe required City vertime work at least 48 hours in advance and shallpay inspections. Article 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR in for rcupirrentnof fi ndsthe $ 14OOy 0•�0 s(the accordance with the Contract Documents "Contract Price"). The Contract Price includes the Base Purchase Price, as accepted by OWNER and as shown in Document 00300 - Proposal Form. Article 5. PAYMENT PROCEDURES on 6.0 CONTRACTOR shall submit Applications Condat ons.t Applicatiion for Paymentin accorance with ►will be "Measurement and Payment" of the General processed by ENGINEER as provided in the General Conditions. he 5.1 Progress Payments. OWNER shallicat onn forcPaymentt as Contract Price on the basis of CONTRACTOR'S Appl recommended by ENGINEER as provided below. All progress payments will be on the basis of the progress of the Work and actual quantity of Work completed, in accordance with Article 6 "Measurement and Payment" of the General Conditions. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage or actual quantity of Work complete, but, in each case Tess the aggregate of payments p►eviously made and Tess such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with the General Conditions. The OWNER shall make payment within 30 days of receipt of application for payment by the ENGINEER. 5.1.2 Each progress payment shall be Tess retainage as specified in Paragraph 6.06 of the General Conditions, and further Tess all previous payments and all further sums that may bioodretained howebery the thatOincEase the whothe le workterms be near Agreement. It is understood, 00500 - 2 of 7 07/2006 STANDARD FORM OF AGREEMENT CITY OF PEARLAND STANDARD FORM OF AGREEMENT n to completion and some unexpected CONTRACTOR, dthe y OWNER occurs an►aytupo� fault or neglect on the part of the written recommendation of the ENGINEER pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR at the OWNER'S option, ► on bee 1CONTRACTOR7ation shall to fully complete the Work and, thereupon, onlyto receive payment of the balance due him under the contract subject the conditions stated under "Final Payment." rdance 5.2 Final Payment. Upon final compleacceptance OWNER hall pay the rema�nder of with paragraph 6.08 of the General Conditions, the Contract Price as recommended by ENGINEER as provided in said paragraph 6.08. Article 6. INTEREST sha Interest on any overdue payment froma OWNER 1 of thto eTexasGovernment Code as e paid in accordance with the provisions of Chapter amended. Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7,1 CONTRACTOR has familiarizedhimself alllocal conditionre and extent of s and Laws and Regulat ons Contract Documents, Work, site, locality, that in any manner may affect cost, progress, performance, or furnishing of the Work. orts 7.2 CONTRACTOR has studied carefullyall subsurface conditions lfble surveys, assessments, and drawings of explorations, investigations, and tests physical conditions of the site. Such technical reports and drawings are not Contract Documents, and Owpo whether or not theyer makes no reresentations or arecomplete, as to the accuracy of such documents orinformation, or comprehensive, or all-inclusive. 7.3 CONTRACTOR has obtained and carefully studied (or assumes sumensresponsibgat ility for obtaining and carefully studying) all such exam explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraphs 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost. progress, performance or furnishing of the Work ,and CONTRACTOR all furnish in the assurorkat the the riskontract f such subsurface and physical conditions, and Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations investigations explorations, tests reports, and studies or similar information or data are or will be required by CONTRACTOR for such purposes. 00500 - 3 of 7 07/2006 CITY OF PEARLAND and data 7,4 CONTRACTOR has reviewed end checked reapect to all existing underground facilities lines wn or indicated on the Contract do at or contiguous to the site and assumes additional es�d responsibility examinations biliaccurate location f said underground facilities. Nt of explorations tests reports studies obc►►� ►lajiredobyaCONTRACTORor data in S�►eCo derato id underground facilities are or will q uperform and finish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. 7,5 CONTRACTOR has correlated the resultsortsand studies with the teens and co►ndit ons investigations, explorations, tests p of the Contract Documents. icts, errors r 7,6 CONTRACTOR has given Documents of which Cowritten ►ce of ntractorlknewflor should have discrepancies in the Contract known, and CONTRACTOR shall perform the Work at the Contract Price, within the Contract Time and in accordance with resoluthon of any suer terms ch cooafli�t, ens oor f fe or Contract Documents, including any discrepancy by ENGINEER. CONTRACT DOCUMENTS comprise the entire agreement between OWNER and Work, consist of the following, each of which are Article 8. The Conti act Documents, which CONTRACTOR concerning the incorporated herein by reference: 8.1 Standard Form of Agreement (Section 00500). 8.2 Performance, Payment Maintenance and/or d/00o Surface Correction ( if required) Bonds (Sections 00610, 00611, 00612, and/or 3). achment 1 8,3 General Conditions of Agreement n(Section AtO), tachmenarng No.A2t Agreementofor Workers' Compensation Insurance Final Payment and Contractor's Sworn Release, and Attachment No. 3 Owner's Insurance Requirements of Contractor. 8.4 Special Conditions of Agreement (Section 00800). 8.5 Exhibits E1.01 and E1.02 attached title: of fn fWork al (Section r Play Park. 00), with each exhibit bearing the following g 8.6 Request for Proposals and CONTRACTOR'S Proposal Form, including any Addenda referenced therein. 8.7 Technical Specifications for the Work. 8.8 The following, which may be delivered or issued after this Agreement becomes effective: Any Change Orders or other documents amending, modifying, or supplementing the Contract Documents in accordance with the General Conditi0500 ons. of 7 ns. STANDARD FORM OF AGREEMENT 07/2006 CITY OF PEARLAND STANDARD FORM OF AGREEMENT cle 8. The There are no Contract Documents other anod fiedn those lored above in this suppl�nented as pro►vided in the Contract Documents may only be amended, General Conditions. Article 9. MISCELLANEOUS 9.1 Terms used in this Agreement which are Interpretations" of the General Conditions General Conditions. defined in Section 1, "Definitions and will have the meanings indicated in the 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), g anand unless assignment specifically willrelease ted to o ed discharge the assignorwritten from any duty or assignment, no responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representative to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 9.4 CONTRACTOR agrees to warranty the Work for a period of one (1) year fiom Substantial Completion against defects in materials and workmanship. CONTRACTOR agrees to repair or replace any defective work within this warranty period in an expeditious manner at no additional cost to OWNER. 9.5 The Work will be completed according to the Contract Documents and in accordance with codes, ordinances, and construction standards ofthe CCity yntaf Pearland, and all applicable laws, codes and regulations of governmental authorities. 9.6 In the event any notice period required under the Contract Documents is found to be shorter than any minimum period prescribed by applicable law, the notice period required shall be construed to be the minimum period prescribed by applicable law. 9.7 This Contract and the Contract Documents, insofar as they relate in any part or in any way to the Work undertaken therein, constitute the entire agreement between the parties hereto, and it is expressly understood and agreed that there are no agreements or promises by and between said parties, except as aforesaid, and that any additions thereto or changes shall be in writing. 9.8 The provisions of this Contract shall be applied and interpreted in a manner consistent with each other so as to carry out the purposes and the intent of the parties, but if for any reason any provision is unenforceable or invalid, such provisions shall be deemed severed from this Contract and the remaining 00500 - 5 of 7 07/2006 CITY OF PEARLAND provisions shall be carried out with the same force and effect as if the severed provision had not been part of this Contract. 9.9 The headings of the paragraphs are included solely for the convenience of reference and if there is any conflict between the headings and the text of this Contract, the Contract text shall control. 9.10 The waiver of any breach hereof shall not constitute a waiver of any subsequent breach of the same or any other provision hereof. Failure by the OWNER in any instance to insist upon observance or performance by CONTRACTOR shall not be deemed a waiver by CONTRACTOR of any such observance or performance. No waiver will be binding upon OWNER unless in writing and then will be for the particular instance only. Payinent efault will not be deemed ed a waiveWNER to r ofRr ch breach R �olr knowledge of any breach or d default or any other breach or default. 9.11 The CONTRACTOR acknowledges that the OWNER (through its employee handbook) considers the following to be misconduct that is grounds for termination of an employee of the OWNER: Any fraud, forgery, misappropriation of finds, receiving payment for services not pei formed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the OWNER. The CONTRACTOR agrees that it will not, directly or indirectly; cause an employee of the OWNER to engage in such misconduct. 07/2006 STANDARD FORM OF AGREEMENT 00500 - 6 of 7 CITY OF PEARLAND ACTOR have signed this Agreement in IN WITNESS WHEREOF, OWNER and CONTRACTOR each has been delivered to OWNER and one to duplicate. One counterpart CONTRACTOR. attestation byauthorized representatives of This Agreement will be effective upon execution and the following date: February 11 , 2008 . the City of Pear land and upon g OWNER: CITY OF PEARLAND ae r er h icroc2 r i • !r/` It/ i/`1�',``, �/«ail{fit �y fit` ATTEST Address giving notices 3519 Liberty Drive Pearland, TX 77581 Phone: 281.652.1600 Fax: 281.652.1706 07/2006 STA NDARD FORM OF AGREEMENT CONTRACTOR: q, Pla In . Id4 a7 By: Kurt utre Title: 'resident Date: February 11, 2008 (Corporate Seal) ATTESTvt, f Address for giving notices 13903 Van Wall Street Houston TX 77040 Phone: 713.939.9888 Fax: 713.939.0304 Agent for service of process: Steven J. Knight 713-654-9603 1200 Smith Street, Suite #1400 Houston, Texas 77002 END OF SECTION 00500 - 7 of 7 Bond #5012518 CITY OF PEARLAND PERFORMANCE BOND Section 00610 PERFORMANCE BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS: That All Play, Inc. of the C►ty of Houston , County of Harris and State of Texas as principal, and SureTec Insurance Company authorized t►nder the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of' Pearland as Obligee (Owner), in the penal sum of $ 140,000.00 for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors successors, and assigns, jointly and severally by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of the 1 I th day of February , 2008 , (the "Contract") to commence and complete the construction of certain improvements described as follows: Centennial Water Play Park ►n Centennial Park City of Pearland Texas COP PN: PK0701 PROPOSAL NO. 1208-09 which Contract, including the Contract Documents as defined therein, is hereby referred to and made a part hereof as Cully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract Work and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions, and agreements in and by said Contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and Contract Documents, then this obligation shall be void; otherwise to remain ►n full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the saint, extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the Work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in any way affect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. 07/2006 00610-1of2 CITY OF PEA RLA ND PERFORMANCE BOND 1N WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this .11th day of February , 2008 . Principal: Address: 13903 Van Wall Street Houston, TX 77040 Telephone: 713.939.9888 Fax: 713.939.0304 Surety: SureTec Insurance Company By: C f Tale:C.A. McClure, Attorney in Fact Address: 952 Echo Lane, Ste. 450 Houston, TX 77024 Telephone: 713-812-0800 Fax: 713-812-0406 NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM TIIE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL -FREE TELEPHONE NUMBER; h800-252-3439. END OF SECTION 07/2006 00610-2of2 CITY OF PEARLAND Bond #5012518 STATE OF TEXAS COUNTY OF BRAZORIA § Section 00611 PAYMENT BOND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That All Play, Inc. of the City of Houston , County of Harris and State of Texas as principal, and SureTec Insurance Company authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee (Owner), in the penal sum of $ 140,000.00 for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors successors, and assigns, jointly assigns jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of the I 1 th day of February 2008 , (the "Contract") to commence and complete the construction of certain improvements described as follows: Centennial Water Play Park in Centennial Park City of Pearland Texas COP PN: PK0701 PROPOSAL NO. 1208-09 which Contract, including the Contract Documents as defined therein, is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor or material to him or a subcontractor in the prosecution of the Work provided form said Contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the Work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. 07/2006 00611-1of2 CITY OF J' JARLAND PAYMENT BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 11th day of February , 2008 . Principal: Surety: SureTec Insurance Company 11 .y, Inc. By: By: r "tle: r' Title: C.A. McClure, Attorney in Fact Address: 13903 Van Wall Street 1 louston, TX 77040 Telephone: 713.939.9888 Fax: 713,939.0304 Address: 952 Echo Lane, Ste. 450 Houston, TX 77024 Telephone: 713-812-0800 Fax: 713-812-0406 NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICI-I ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL -FREE TELEPHONE NUMBER; 1-800-252-3439. END OF SECTION 07/2006 0061 1 - 2 of 2 CITY OF PEARLAND ONE-YEAR MAINTENANCE BOND Section 00612 Bond #5012518-001 ONE-YEAR MAINTENANCE BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS: That All Play, Inc. of the City of l-louston , County of Harris and State of Texas as principal, and SureTec Insurance Company authorized under the laws of the State of Texas to act as surety on bonds for principals are held and firmly bound unto City of Peariand as Obligee (Owner), in the penal sum of $ 140,000.00 for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors successors, and assigns, jointly assigns jointly and severally, by these presents: WHEREAS the Principal has entered into a certain written contract with the Owner, effective as of the l l th day of February 2008 , (the "Contract") to commence and complete the construction of certain improvements described as follows: Centennial Water Play Park in Centennial Park City of Pearland Texas COP PN: PK0701 PROPOSAL NO. 1208-09 which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully correct all such work not in accordance with the Contract Documents discovered within the one-year period from the date of substantial completion, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of' the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same, shall in any way affect its obligation on this bond and it does hereby waive notice of any such change extension of time, alteration or addition to tin. terms of the contract, or to the work to be performed thereunder. 00612 - 1 of 2 07/2006 CITY OF PEARLAND ONE-YEAR MAINTENANCE BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 11th day of February , 2008 . Principal: Surety: SureTec Insurance Company By: �. Title: C.A. McClure, Attorney in Fact Address: Address: 952 Echo Lane, Ste. 450 13903 Van Wall Street Houston, TX 77040 Telephone: 713.939.9888 Houston, TX 77024 Telephone: 713 812-0800 Fax: 713.939.0304 Fax: 713-812-0406 NOTICE: THE ADDRESS OF THE SURETY COMPANY TO Wil ICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL -FREE TELEPHONE NUMBER; 1-800-252-3439. END OF SECTION 07/2006 00612 - 2 of 2 CITY OF PEARLAND ONE-YEAR SURFACE CORRECTION BOND Bond #5012518-002 ONE-YEAR SURFACE CORRECTION BOND STATE OF TEXAS § COUNTY OF BRAZORIA § Section 00613 KNOW ALL MEN BY THESE PRESENTS: That All Play, Inc. of the City of Houston , County of I larris and State of Texas as principal, and SureTec Insurance Company authorized under the laws of the State of Texas to act as surety on bonds foi principals, are held and firmly bound unto City of Pearland as Obligee (Owner), in the penal sum of $ 5 600.00 , the total being equal to four percent (4%) of the total Contract Amount, for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators executors successors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered of the I l th day of February improvements described as follows: into a certain written contract with the Owner, effective as , 2008 , (the "Contract") to commence and complete the Centennial Water Play Park in Centennial Park City of Pe trland Texas COP PN: PK0701 PROPOSAL NO. 1208-09 which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall repair, replace, restore, and correct surface work associated with construction operations located within the City of Pearland rights -of -way determined not in accordance with the Contract Documents or City of Pearland Standard requirements discovered within one year from the date of substantial completion, then this obligation shall become null and void, and shall be of no further force and effect; otherwise, the same is to remain in full three and effect. Notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third day following deposit in a United States Postal Service post office or receptacle, with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address prescribed in the, Contract Documents, or at such other address as the receiving party may hereafter prescribe by written notice to the sending party. 07/2006 00613 - 1 of2 CITY OF PEA BLAND ONE-YEAR SURFACE CORRECTION BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this nth_ _ day of February , 2008 . Principal: AII1 By: Title:t ,s ■ / ' r Address: nc 13903 Van Wall Street Houston, TX 77040 Telephone: 713.939.9888 Fax: 713.939.0304 Surety: SureTec Insurance Company By: ask Title: C.A. McClure, Attorney in Fact Address: 952 Echo Lane, Ste. 450 Houston, TX 77024 Telephone: 713e-812-0800 Fax: 713=812-0406 NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL -FREE TELEPHONE NUMBER; 1 %800-252-3439. END OF SECTION 07/2006 00613-2of2 POA il: 4221062 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint C. A. McClure, Kelly J. Brooks, Kenneth L. Meyer of Houston, Texas its true and lawful Attomey(s)-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million and no/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys) -in -Fact may do in the premises. Said appointment shall continue in force until 12/31/09 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may he given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 206 of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 20th day of June, A.D, 2005. State of Texas County of Harris Ss: By:e URETEC INS Pia CE COMPANY ow A ot Bill King r On this 20th day of June, A.D. 2005 before me personally came Bill King, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and, which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. Michelle Denny Notary Public Slate of Texas My Commission Expires August 27, 2008 Michelle Denny, Notary Pubric My commission expires August 27, 2008 I, M. Brent Beaty, Assistant Secretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in frill force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 11t of 20 February 0, 8 �ay , A.D. M. Brent Beaty, Assistant Se retry Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call (713) 812-0800 any business day between 8:00 am and 5:00 pm CST. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 5000 Plaza on the Lake, Suite 290 Austin, TX 78746 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance at PO Box 149104 Austin, TX 78714-9104 Fax#: 512-475-1771 PREMIUM OR CLAIM DISPUTES' Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria allergens, histamines, spores, hyphae, or mycotoxins or their related products or parts, nor for any environmental hazards bio-hazards, hazardous materials, environmental spills, contamination or cleanup, nor the remediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. Texas Rider 010106 1 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Section 00700 GENERAL CONDITIONS OF AGREEMENT Pale TABLE OF CONTENTS No. 1.0 DEFINITIONS AND INTERPRETATIONS 1.01 Owner, Contractor and Engineer 1.02 Contract Documents 1.03 Subcontractor 1.04 Written Notice 1.05 Work 1.06 Extra Work 1.07 Work Day 1.07-1 Rain Day 1.07-2 Weather Day 1.08 Calendar Day 1.09 Substantially Completed 1.10 interpretation of Words and Phrases 1.1 1 Referenced Standards 1.12 Contract 'Time 2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER 2.01 Adequacy of Design 2.02 Right of Entry 2.03 Ownership of Drawings 2.04 Changes and Alterations 2.05 Damages 07/2006 1 1 1 2 2 2 2 2 3 3 3 3 3 00700 - i CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 5 5 3.01 Owner -Engineer Relationship 3.02 Keeping of Plans and Specifications Accessible 6 6 3.03 Preliminary Approval 6 3.04 inspection by Engineer 3.05 Determination of Questions and Disputes 7 7 3.06 Recommendation of Payment 4.0 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 7 7 4.01 Independent Contractor 8 4.02 Contractor's Understanding 8 4.03 Laws and Ordinances 9 4.04 Assignment and Subletting 4.05 Performance and Payment Bonds 9 9 4.06 Insurance 9 4.07 Permits and Fees 9 4.08 Texas State Sales Tax 4.09 Contractor's Duty and Superintendence 9 10 4.10 Character of Workers 4.11 Labor, Equipment, Materials, Construction Plant and Buildings 10 10 4.12 Sanitation 11 4.13 Cleaning and Maintenance 11 4.14 Performance of Work 4,15 Right of Owner to Accelerate the Work II 00700 - 07/2006 CITY OF PEARLAND 11 4.16 Layout of Work 11 4.17 Shop Drawings 4.18 Engineer -Contractor Relationship; Observations 12 12 4.19 Observation and Testing 13 4.20 Defects and Their Remedies 13 4.21 Liability for Proper Performance 4.22 Protection Against Accident To Employees and the Public 14 14 4.23 Protection of Adjoining Property 4.24 Protection against Claims of Subcontractors, Laborers, Materialmen, 15 and Furnishers of Machinery and Supplies 4.25 Protection Against Royalties or Patented Invention 15 15 4.26 Indemnification 17 4.27 Losses From Natural Causes 17 4.28 Guarantee 17 5.0 PROSECUTION AND PROGRESS 17 5.01 Time and Order of Completion 18 5.02 Extension of Time 18 5.03 Hindrances and Delays 19 5.04 Suspension of Work 19 5.05 Liquidated Damages for Delay 19 5.06 Change of Contract Time 5.07 Delays Beyond Owner's and Contractor's Control 20 20 6.0 MEASUREMENT AND PAYMENT 20 6.01 Discrepancies and Omissions 20 6.02 Quantities and Measurements 00700 07/2006 GENERAL CONDITIONS OF AGREEMENT CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 20 6.03 Estimated Quantities 21 6.04 Price of Work 21 6.05 Payments 21 6.06 Partial Payments 22 6.07 Use of Completed Portions & Punchlist 23 6.08 Substantial Completion 23 6.09 Final Payment 24 6.10 Correction of Work Before Final Payment 25 6.11 Correction of Work After Final Payment 25 6.12 Payments Withheld 26 6.13 Delayed Payments 26 7.0 EXTRA WORK AND CLAIMS 26 7.01 Change Orders 26 7.02 Minor Changes 26 7.03 Extra Work 28 7.04 Time of Filing Claims 28 8.0 DEFAULT 28 8.01 Default by Contractor 30 8.02 Supplementation of Contractor Forces 8.03 Cumulative Remedies & Specific Performance 30 31 8.04 Cross -Default 31 8.05 Insolvency 31 8.06 Contingent Assignment 32 8.07 Waiver of Consequential Damages 00700 - iv 07/2006 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 32 8.08 Termination for Convenience 32 8.09 Default by Owner 33 9.0 DISPUTE RESOLUTION ATTACHMENT NO. 1: WORKERS' COMPENSATION INSURANCE COVERAGE Al ATTACHMENT NO. 2: AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S Q 1 SWORN RELEASE ATTACHMENT NO. 3: OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR CI 07/2006 00700 - v CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Section 00700 GENERAL CONDITIONS OF AGREEMENT 1.0 DEFINITIONS AND INTERPRETATIONS 1.01 OWNER, CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOR and the ENGINEER are thosethese General Condrtioions ns shallnteferdto thesuch Eng Weer Agreement. The term ENGINEER as used or Architect identified in the Agreement, as applicable, and means a person authorized to act as a sional representative of the entity designated by the OWNER s Contract pThesOwnerss representative on ervices requited in connection with the preparation and performance of thi the project site shall be the Construction Manager or Engineer as designated. The Owner's Ms. Cara Nesby, located at City of Pearland, City Hall, 3519 Liberty Drive, Pearlan , Representative is: Texas 77581, (281) 652-1642. 1.02 CONTRACT DOCUMENTS. The Contract Documents shall consist which documents, the documents identified in Article 8 of the Standard Form of excluding the Plans and such documents as hallbbe bound delivered togetherissued ain s pto ece EfMan�ual ve Dforethe of the Agreement, as referenced in Article 8, Work. All references to the "Contract" or the "Agreement" in these General Conditions of Agreement shall include the Contract Documents. by one ll ing as if The Contract Documents are complementary, and am`ont7 is the Contdract Documents,thethedContract required by all. In the event of any conflictg Documents shall govern in the following order: (1) Modifications in writing and signed by both parties, including any Change Orders; (2) Standard Form of Agreement; (3) Special Conditions of Agreement; (4) General Conditions of Agreement, including Attachment No. 1 — Work nal rs' Compensation insurance Coverage, Attachment No. 2 - Agreement Payment and CONTRACTOR'S Sworn Release, and Attachment No. 3 — Owner's Insurance Requirements of Contractor; Addenda, if any; Plans and Specifications referenced or included in the Project Manual; Request for Proposals; Proposal Form; and Exhibits: The following Exhibits, attached hereto, are incorporated herein, and are a part of this Contract: 00700 - 1 of 33 07/2006 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT In the event a conflict or inconsistency remains between or within the Plans and Specifications or other Contract Documents, or the Contract Documents and applicable standards, codes and ordinances, CONTRACTOR shall provide the greater quantity or better quality, or CONTRACTOR shall comply with the more stringent requirements, as determined by ENGINEER Terms or phrases used in the Contract Documents with a well-known technical or construction industry meaning shall have such recognized meanings. References to standards, specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, shall mean the latest in effect on the effective date of the Contract, unless otherwise stated in the Contract Documents. 1 .03 SUBCONTRACTOR. The term "subcontractor", as employed herein, includes pet those having a contract with the CONTRACTOR orsubcontractor oshall► haveormance of work no responsibilityoto n the Project contemplated by these Contract Documents. any subcontractor for performance bcontra for°rk shallnthe look excject clus►vely contemplated to CONTRACTOR fort any Documents, and any s payments due subcontractor. 1.04 WRI I EN NOTICE. Written Notice shall be deemed to have been duly served if delivered in person to the individual or to a partner of the partnership or joint venture, or to an officer of the corporation or company for whom it is intended, or if delivered at or sent by Certified Mail, Return Receipt Requested, to the last known business address or registered office of such individual, partnership joint venture or corporation or company, or to the address for giving notices listed in the Standard Form of Agreement. 1.05 WORK. Unless otherwise stipulated, the CONTRACTOR shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor services, insurance, and all water light, power, fuel, transportation and all other facilities or services of any nature whatsoever necessary for the execution and completion of the Work described in the Standard Form of Agreement. Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of good quality. The CONTRACTOR shall, if required by the ENGINEER as representative of the OWNER, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well-known, technical or trade meaning shall be held to refer to such recognized standards. All work shall be done and all materials shall be furnished in strict conformity with the Contract Documents. 1.06 EXTRA WORK. The term "Extra Work", as used in this Contract, shall be understood to mean and include all work that may be required by the ENGINEER as representative of the OWNER, to be done by the CONTRACTOR to accomplish any change, alteration or addition to the work shown upon the plans or reasonably inferable from the plans and/or specifications, and which shall, prior to the commencement of such work, be authorized in writing by the ENGINEER. 1.07 WORK DAY: As used herein, a "Work Day" is defined as any Monday through Friday, not a legal holiday, and any Saturday or Sunday specifically approved by the OWNER, in which the CONTRACTOR can perform six or more hours of work on critical path items per the current construction schedule. CONTRACTOR agrees to request specific approval in advance to perform work on Saturdays or Sundays and in so doing agrees to pay all charges o andcosts 2 of 07/2006 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Inspection and or Construction Management services required during the performance of any such approved work. 1.07-1 RAIN DAY: As used herein, a Ram Day is defined as any WORK DAY during which weather related conditions prevent the CONTRACTOR from performing four (4) or more consecutive hours of work on critical path ��ems as identified the eachcurrent month foruthe review and ction schedule. CONTRACTOR shall record Ram Days the Pay Application on possible approval by the OWNER. The d Rain Day is then added to the Contract Time as a Weather Day. (See 1.12 Contract Time below) 1.07-2 WEATHER DAY As used herein, a Weather Day is a day that is added to the CONTRACT TIME by the OWNER to extendDays, once mtion date of the Work by one approved by the OWNER, halllextend rk Day. (See 1.12 Contract Time below) Weather ys the Contract Time on a one-to-one basis to replperforming nin 7 fource a k(Day4) orl°st to ore consecutive t veher ahour conditions that that prevented the CONTRACTOR from p b on critical path items. Weather Days are added d°the only if, Contract opinion of theeOWNER,aaitime s by Change Order only at the end of the work and then extension is required and warranted. 1.08 CALENDAR DAY. A "calendar day" is any day of the week or month, no dmays being excepted. Unless otherwise expressly provided, all references to "day(s)" hall n calendar day(s). 1 .09 SUBSTANTIALLY COMPLETED: The terms "Substantially Completed", or "Substantially Complete" or "Substantial Completion" as used in this Contract, shall mean that all major process components of the facility or work have been made suitable for use or occupancy, including appropriate documentation from the with'ent thos specificatppliers honsat all andf the manufacturer's l components have been installed in accord recommendations, the installations have been approved by the ENGINEER and the items have met the start-up and testing requirements of the contpoa'tldoctments ellaneous work deemed and ad�bstmente in a �odac'on to h eve serve its intended purpose or requires only Final Completion and Acceptance as determined by the ENGINEER. Upon compliance with the above referenced criteria, ENGINEER shall issue a Certificate of Substantial Completion. PARTIAL SUBSTANTIAL COMPLETION: designation will be the given entire components of the Work that must be placed into service prior to the completionf he contractor's One Year Warranty period e°ENGINEER. Ther these itemIl begin on the ENGINEER shaladete�nine,and Substantial Completion as designated by th make all such designations. 1.10 INTERPRETATION OF WORDS AND PHRASES. Whenever the word s "directed' , "permitted' "designated", "required", "ordeied" ` considered necessary",pescrbed or woids of like import are used, it shall be understood that the direction requirement, permission, order, opinion designation or preset iption of the ENGINEER be as t sfthe OWNER'sry" or represent1 keative is rt intended. Similarly, the words "approved", accepta shall mean that no exception is taken by ENGINEER, but does not relieve CONTRACTOR of responsibility for compliance with the Contract Documents. 00700 - 3 of 33 07/2006 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Whenever in the Specifications or Drawings pSnheC o►thercquDocuments, al ties of simhlar kind wh� hcc mtnot, ion of various qualities relative to finish, workma p or fiom their nature, be specifically and clearly deiidand specified,j are necessarily ce sarilyin described in general terms, the fulfillment of which mustdepend cases, any question of the fulfillment of said Specifications shall be decided by the ENGINEER as the OWNER'S representative and said woik shall be done accordanceothe work his inte►p►etations of the meaning of the words, terms or clauses L the character l .l 1 REFERENCED STANDARDS. No provisin of any referenced s and responsibilities of the standard specification, or manual shall be effective to change the d t e in the Engineer, Contractor, or their consultants, employees, to assignesentatto the►ves Engi►om Weer or seits set c,onsultants, Contract Documents, nor shall it be effectivee ng or employees, or representatives any y or authority to supervise or authority to undertake �espons b Gties`►cont ary to performance of the Work or any duty provisions of the Contract Documents. 1.12 CONTRACT TIME The term Contract Time as used herein, refers to the number to of days cm date stated in the Agreement:i) to achie ve evi►al Completion, dwritten complete the Work so that it is ready for payment as evidenced by ENGINEER's recommendation of final payment in accordance with Paragraph 6.09 and as modified as a result of any authorized Extensions. The Contract Time includes 40 Rain Days per year, based on the average number of ►ain days per year for the period o1' June 1898 to b deder 9by6the addit o aof as recordeWeatheby the lr vin Days eqher al Center Record The Contract Time shall only be ext to the number of Rain Days in excess o,fc► 40 days remedy year weather related delays Contract Time shall be the CONTRACTOR'S sole and 2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER 2.01 NO WARRANTY OF DESIGN. It is understood that the OWNER MAKES NO U�FICIENCY OF THE PLANS AND WARRANTY OF THE ADEQUACY ACCURACY OR S SPECIFICATIONS OR ANY OTHER DESIGN DOCUMENTS EXPRESSED OROIMPLIED WNER � PRol3t Y EXPRESSLY DISCLAIMS ANY SUCH WARRANTY, commencing each portion of the Work, CONTRACTOR C thel site carefully stud g tBy and k l apd shalll relevant Contract Documents, shall observe s or take field measurements of existing conditions noted lby aheate°the Work Any errors, CONTRACTOR, and/or anysvarnance inconsistencies in the Contract Documents between the Contract Documents and applicablee writing codes, ds andas aordinances, ardsoruest for Information. Ibc romptl reported by CONTRACTOR to ENGINEERntil it CONTRACTOR shall not proceed with ected lnforrportioof the tionnand then onlylinlaccordanceewith ives ENGINEER'S written response to such Request forthis ENGINEER'S response. If CONTRACTOR aaias7e° perform OWNits ER as wo►�Id hans ae►been paragraph, lif CONTRACTOR shall pay such costs and CONTRACTOR had reported any et rocs, omissions, inconsistencies ntract R or wli ch should have beenoted by►ancarefulces in tstudyhe o Documents noted by CONTRACTOR of the Contract Documents. CONTRACTOR shall comply theret the appCoved in Documents, thel OWNER apptoved modifications thereof and additions and alterations The burden of proof of such compliance shall be upon the CONTRACTOR to show thahe ohfas 07/2006 00700 CITY OF PEARLAND cations complied with the requirements of the Contract Documents the same ha Iphave beenroved �nt►e pi tedtby the and all approved additions and alterations, thereto, as ENGINEER. ht nter he 2.02 RIGHT OF ENTRY • he vfor Es to be perforeserves nnede �con� �e eted for installed, for or location on which the work herein contractedting the r the itself or such agent or agents as it may select, for sche h collaterallrpose of llateral work ascthe OWNERcmay does►re. purpose of performing, constructing or installingu the The OWNER shall have the right to makeinspections ►of time and/or compensationefor ans, and loss CONTRACTOR hereby waives any claims for extension or damage it his work shall be delayed by reason of such inspection performance construction or installation of collateral work. ereof 2.03 OWNERSHIP OF DRAWING on other work and,All rawings, ecifications and w with the exception pof tyre sets furnished by the OWNER shall not be reused to forming the part of the signed Contract Documents, are and models a�e the propebe drty of the OWNER.the OWNER n request at the completion of the Work. All drawings 2.04 CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that the Owner may make such changes and alterations, additions and deletions as the OWNER may ye fit, in the Work, including but not limited to changes in line grade, form, dimensions, plans r specifications for the Work herein contemplated, hCont act andeitherb he efore correspondr after ingbeg►nn►ng of construction, without affectingthe validity of this Performance and Payment Bonds. ity or te value the If such changes or alterations or deletions diminish for compentsation or damages includi�g lot ok to be done, they shall not constitute the basis for a claim the anticipated profits on the Work that may bed. If s, such theamount shalof Work is increased l be paid for ac ordidng to work can fairly be classified under the specifications, t}1e quantity actually done and at the unit pce, ►f any, s pro►vhded under Article 7ed fr such work `hereof for Contract, othe►wise, such additional work shallbe paid for a Extra Work. In case the OWNER shall make ni furnished or arsedsi�saidalterations Work, thensthelOWNEmake R shall any Work already done or material already ` compensate the CONTRACTOR for any material orinclabor sourredn usedpreand for for thactualoloss s occasioned by such change due to actualexpenses originally planned. 2.05 DAMAGES. In the event the OWNER is damaged in the course of the work by the act, negligence, omission, mistake iowork being done bydefault of the 0otherosron the obtso CONTRACTOR unreasonably delay the progress of the 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 autho► ity of the ENGINEER as the OWNER's representative dui ing construction are set forth in the Contract Documents; and the ENGINEER shall not have authority to extend the00O 0 o N R's 70 GENERAL CONDITIONS OF AGREEMENT CITY OF PEARLAND liability or to bind the OWNER for any additional liability °ohe OWNER to f any nature tithe CONTRAC►TOR atsoever t the written consent of the OWNER. Any commumcat by regarding the Work shall be issued through the ENGINEER. it is the intent of this Agreement that there shall be no delay in the execution of the Work; therefore, written decisions or directions rendered ap arisingthe ENGINEER therefrom shall hbe e W resolved as ►epresentative shall be promptly carried out, and any l the arties provided in Article 7. Unless otherwise specified, it is mutual y ags i d bei wren top pwo►k oo this s Agreement that the ENGINEER shall have the a Y whenever such stoppage may be necessary to insure the performance of the Work in accordance with the Contract Documents. The 3.02 KEEPING OF PLANS AND SPECIFICATIONS e uat andreasonable msn B►LcE copies ENGINEER shall fu►nish the CONTRACTOR withanqthe of all Plans and Specifications without expense to there e On NTRAChe O R, ndh the Oat TwreC TOR sions shall keep one copy of the same constantly ac cesnoted thereon. The CONTRACTOR shall be responsible andf�evier wserving the Plans and by the OWNER or the Specifications, timely and accurately updated for reference ENGINEER. 3.03 PRELIMINARY APPROVAL. The ENGINEER shall not have the power to waive the obligations imposed under this Contract t►'woikmanlikeor the rnishingperformancey he Cof thOe NTRACTWork asOherein R of new material of good quality, and for good a described, and in full accordance hehENG1NEERContract toDocument d scoversobject to ort con►demaeany non - or change. No failure o► omission of tm conforming or defective work or material stop the Contract,shall includmg witOhot►tRA�C� OR fr�he the obligation to fully and properly perform obligation to at once tear out, remove derly ofrspch nolace n conforming orwork defective material work or time prior to final acceptance, upon discovery material. on y the Any questioned Work may be ordered taken up o►nracc►o accofor rdance with thecContbract DocNments, all prior to final acceptance, and if found not to expense of removing, inspection and repai► be allowed asExtra rareplacement shall Worborne k andb hallthe be paid for bythe FOR; otherwise the expense thus incurred shall b OWNER, provided that where inspection or approval is specifically required by the Specifications prior to performance of certain work, should he e ACTOenpse of taking up,such removing work hand out requesting prior inspection or approval, replacing this work if so directed by the ENGINEER. 3.04 INSPECTION BY ENGINEER. The ENGINEER shall make periodic visits to the site to observe the progress and quality of the desi n features alnd the technical determine fimctionahm d/or Work generally meets the essential perfo► mance andg engineering requirements of the Contract Doc 1toweve►•,l he ENGINEER shall is in all other tnots ebegi•psponis bide in compliance with the Contract Document s.for making any detailed, exhaustive, comprehensive or continuous on -site inspections to check h quality and/or quantity of the work, nor shall the ENGINEER be in any way responsible, 'quality,ps►ble, dicectoye or indirectly, for the construction means, methods, techniques, sequences, p programs, safety precautions or lack of same incident to the Work being performed00700rany of 33 part 07/2006 GENERAL CONDITIONS OF AGREEMENT CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT thereof. The ENGINEER shall use reasonable perfoon nanom ce of the'Work and ntent and substance of the Conti act Documents by the CONTRACTOR in theER inf any part thereof and, on the basis of such on-sitewill ipstldefe Oects and deficienciesthe progress of the work and will endeavor to guard the OWNERaga of in the Work of the CONTRACTORNotwithstanding shall notly b othern y way responsible oris eliabletor for any other Contract Document, the Ectors, agents, any acts, errors, omissions or negligence of fhrenCON or o po adon perform b g otrdattempt ng to servants or employees or any other person, perform any of the Work. 3.05 DETERMINATION OF QUESTIONS AND DISPUTES. In order to prevent delays and disputes and to discourage lthe ghseveral kinds of Work, wl atn, it is agreed that the Gh aEe to be paid for under ER shall, in all cases, determine the quantities and qualities of th this Contract. The ENGINEER shall determine all questions in relation to said on ort end the e construction thereof, as well as all claims, disputes and other matters in q 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 s of pheeContractpossible Document dispute any other reasonable interpretation of the terms and conditions a written interpretation of the question, the ENGINEER shall, within a reasonable time, provide Contract Documents or a written decision on all questions arising relative to the execution of the Work, copies of which shall be delivered to all parties to the Contract. If the CONTRACTOR or OWNER desires to take exception to any directions, order, interpretation or instructions of the ENGINEER, CONTRACTOR or OWNER shall present any such claim to the ENGINEER in accordance with the provisions of Section 7.04. 3.06 RECOMMENDATION OF PAYMENT. The ENGINEER shall review the CONTRACTOR'S application for payment and supporting documents, shall determine the amount owed to the CONTRACTOR and shall provide written recommendation to the OWNER for payment to the CONTRACTOR in such amount Such recommendation of payment to CONTRACTOR shall constitute a representation to the OWNER of the ENG1NEER's judgment that the work has progressed to the point indicated, to the best of his knowledge, information and belief; however, such recommendation of an application for payment to CONTRACTOR shall not be deemed an acceptance of any defectivenon-conforming Work. Any i•ights to withhold payment i�nder n of payment by the ENGINEER shall be subject to Section 6 11 and as otherwise provided in the Contract. 4.0 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 4.01 INDEPENDENT CONTRACTOR. CONTRACTOR is, and shall remain, an independent contractor solely responsible for the manner and method of completing the Work under this Contract, with full and exclusive power and authority to direct, supervise and control his own employees and to determine the means, method and manner of performing such Work so long as such methods comply with the requirements of the Contract Documents, and do not adversely affect the completed improvements or anyerested only mropertesabuttingt or and Bing the mi Work area, the OWNER and ENGINEER being of such completed improvements to the Plans, Specifications and Conti act Documents. The fact that the OWNER or ENGINEER as the Owner's representative shall have the right to observe CONTRACTOR'S work during his performance and to carry out the other prerogatives which re 07/2006 00700 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT is d to expressly reserved to and vested in the OWNER and usthe of the CON"1,RACTORraS an tindep� dent and shall not at any time change or affect he stat contractor with respect to either the OWNER or or theother ENGINEER a s the Oor o p Ras representative or to the CONTRACTOR'S own employees any 4.02 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature tune and lthe ocation f tohe Work the conformation of the ground, the character, quality and quantity encountered, the character of equipment and facilities eeded►dm� ►but not limited ted fonary to and r►weather, ring the prosecution of the Work, the general and local conditions, inclaccess, lay down and storage areas, and all otherCONTRACTOR has satisfied h inself asmatters which in any way affect the cto thed this Contract. It is further understood that theterms, meaning intent and requirements TRll of the cwa rants and represeptst Documents, and `that tlaws, has codes, regulations and ordinances. CONTRACTOR hereby ll taken into consideration all of the foregoing factors, and NoOverbal agreOn ntaor pone at on �th for the Contract Price and within the Contract Time. any officer, agent or employee of the OWNER n ► thf e ENGtermINEER, obeither before the d. execution of this Contract shall affect or modify y 4.03 LAWS AND ORDINANCES. The CONTRACTOR shall andll at rail tunes observe er dies comply with all federal, state or local laws, codes, ordinances, permits of whether the same are adopted before and ► after the shall indemnify, ution of this Contract, which in any save and hold harmless the OWNER manner affect the Contract or the work, and the ENGINEER against any claim arising out othe agents,violation employees, such bcontrac►torslaws cor and regulations, whether by the CONTRACTOR orhis vendors. If the CONTRACTOR observes that or regue lationsns he shall cations are at notify variance with federal or state laws or codes or the ordinancesg the ENGINEER in writing and any necessary anges anbey work knowing at tomade as provied ►be co t�a►yato tor changes in the work. If the CONTRACTOR performs such laws, codes, ordinances, rules or regulations, notice tothe ac►nr ►f ENGINEER, CONTRACTORreasonably should have CONTRACTOR shall known of any such violation, and without bear all costs arising therefrom. The OWNER is a Political Subdivision of the objateects �forTexas, whi which,and theWnanneWhncwhich,►orsthe its powers, insofar as the same regulates the ect conditions under which the OWNER may same effect effect a though embodied herein' controlling Neithershall bet considered as part of this Contract to the of OWNER entering into this Contract, rOWNERER's pmder applicablemance rlawerallshall s ►chconstitute and waiver of any immunity from suit enjoyedby defenses being hereby expressly reserved, owahsf cablenany term otwithstanding regur lations the►OWNER►shalito tbe contrary The Code of Ordinances and otherpp deemed to be embodied in this Contract. The prevailing wage rates applicable to this Project shall be either Document 00811 -Wage Scale for Engineering Construction, or Document 00813 _Wage Scale for Building Construction, or both, as set out in the Project Manual. 00700-8of33 07/2006 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.04 ASSIGNMENT AND SUBLETTING. The CONTRACTOR further agrees that he will retain personal contiol and will give his personal attention to the fulfillment of this Contract and that he will not assign, by power of attorney or otherwise, or sublet said Contract, or any rights, duties or obligations arising thereunder, in whole or in part, without the prior written consent of the OWNER, and that no part or feature of the Work will be sublet to anyone objectionable to the ENGINEER or the OWNER. In addition, the OWNER reserves the right to disapprove the subletting of this Contract or any portion hereof on any basis whatsoever. The CONTRACTOR further agrees that the subletting of any portion or feature of the Work or materials required in the performance of this Contract shall not relieve the CONTRACTOR from his obligations to the OWNER, as provided for by this Agreement. 4.05 PERFORMANCE.. PAYMENT AND MAINTENANCE BONDS. In the event the Contract Price shall be in excess of $25,000.00 the CONTRACTOR shall execute separate Performance. Payment and Maintenance Bonds, each in the sum of one hundred percent (100%) of the Contract Price, and each in accordance with the provisions of Chapter 2253 of the Texas Government Code. If the Contract Price does not exceed $25 000.00, the statutory bonds will not be required All required Bonds shall be payable to OWNER and on forms approved by the OWNER, and shall be executed by a corporate surety in accordance with Article 7.19-1 of the Texas Insurance Code. It is al,reed that the Contract shall not be in effect until such original Performance Payment and Maintenance Bonds are delive►ed to and approved by the OWNER. fhe cost of the premium for the Performance, Payment and Maintenance 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 duration of the Work, and throughout the Guarantee Period, insurance as specified in Attachment No. 1 hereto with regard to Workers' Compensation Insurance, and as specified in Attachment No. 3 hereto with regard to all other Insurance. Such insurance shall be carried with an insurance company licensed to transact business in the State of Texas and shall cover all operations in connection or others for whomhCONTRACTOR hs responsithis Contract, wether le. performed by the CONTRACTOR or a subcoractor, 4.07 PERMITS AND FEES. Unless otherwise provided in the Contract Documents, the Contractor shall secuie and pay for all permits, licenses, and inspections necessary for proper execution and completion of the Work, and which are legally required at the time proposals are received. 4.08 TEXAS STATE SALES TAX. Materials incorporated into this project are exempt from State Sales according to provisions of the Texas Tax Code, Chapter 151, Subsection H. The Contractor must obtain a limited sales, excise and use tax permit o► exemption certificate which shall enable him to buy the materials to be incorporated into the Work without paying tax at due time of purchase. 4.09 CONTRACTOR S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of this Contract and shall keep on the work during its progress, a competent superintendent and any necessary assistants. all satisfactory to the ENGINEER as the OWNER'S rbcteas the agent of the erintendent represent the CONTRACTOR in his absence and shallb and all di►ect►ons given to him shall be binding as if given to the CONTRACTOR. Adequate 9 of to 07/2006 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT he supervision by competent and reasonable representatives supervision f teCONTRACTORailbe Tn is esseial default, the proper performance of the Work, and lack of grounds for suspending operations of the CONTRACTOR. tro The Work, fiom its commencement to completion, shalltibe under ther ewith eh exclusive hall charge arge and borndby on the l of the CONTRACTOR, and all risk in CONTRACTOR. e Neither the OWNER nor the ENGINEER as the OWNER' ►b on Ractorpor anytofits agents or emplowill be yees, the acts or omissions of the CONTRACTOR, its or any other persons performing any of the Work. R agrees to 4.10 CHARACTER OF WORKERS. 0. of the type0of work required employ under this orderly and competent workers, skillful in the performance Contract, to do the Work, and agrees that whenever h n his opinion,e incompetent, GINEER lunfaohfi►1 or disorderly, rm him in writing that any worker or workers on the Work are, pf the or in the ENGINEER's opinion are not using the►Work aefndrshall not again befor the progress omployedlon`the worker or workers shall be discharged from Work without the ENGINEER'S written consent. 4.11 LABOR, EQUIPMENT, MATERIALS, CONSTRUCTION PLANT, AND BUILDINGS. The CONTRACTOR shall provide necessary labor,the prosecrrtronsand`r completiontmachinery, of this supplies facilities, utilities and materialsy Contract where it is not otherwise specifically provided that the OWNER shall furnish t same; furthe►, the CONTRACTOR shall be responsible for the care, preset vat an, conservation onse v tionfacilands protection of all materials, supplies, machinery, equipment, tools, apparatus,R all means of construction and any and all parts Work, thewhether ent re tWo►•lhe Ois completOed and been paid, partially paid or not paid for such Wo k, until accepted. nts or The building or placement of structures for housing th the ENGINEERorkers or ss written permission, or the erection of ,andat other forms of protection will be permittedy such places as the ENGINEER shall direct, nafa tory t the ENGINEERitions of the grounds in or aAny a such structures shall at all times be mnta►ed in a manne sat structures of any nature constructed, placed or erected by the CONTRACTOR for the purposes herein set out, shall be the sole responsibility e CONTRACOTOR agreeOslto indemnifas to the y holdper ►the placement or construction thereof; and t ENGINEER or OWNER harmless from any claims of any nature whatsoever brought ago ntt either of them for damages allegedly sustained by anyone byreason of the erection, p en construction or maintenance of CONTRACTOR's buildings or structures. 4.12 SANITATION. Necessary sanitary conveniences for the use of taboret and others ed d on the Work site, properly secluded from public cobseat rvation, pointsshall asbe shalitrbet approved d ►ntaby'nethe by the CONTRACTOR in such manner a ENGINEER, and their use shall be strictly ��°s ed. herein ny set out,tshall be the soleres of any ►i responsibility of or erected by the CONTRACTOR for the purposes the CONTRACTOR as to the proper erection or consction thereof, WNER harmlessafromnd hanyOc aTns of aOny R agrees to indemnify and hold the ENGINEER and O 00700 - 10 of 33 07/2006 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT nature whatsoever brought against either of them for damages allegedly sustained by anyone by reason of the erection, construction or maintenance of CONTRACTOR s buildings. 4.13 CLEANING AND MAINTENANCE. The CONTRACTOR shall at all times keep and maintain the premises flee from accumulation of debt is. trash and waste and at the completion of the Work, he shall remove all such debt is, trash and waste, and also his tools, scaffolding and surplus materials, and shall leave the Work broom -clean or its equivalent The Work shall be left in good order and condition. In case of dispute, the OWNER may remove the debris, trash, waste and surplus materials, and charge the cost to the CONTRACTOR. 4.14 PERFORMANCE OF WORK. It is further agreed that it is the intent of this Contract that all Work must be done and all material must be furnished in accordance with the generally accepted practice for such materials furnished or work completed, unless otherwise provided in the Contract Documents. 4.15 RIGHT OF OWNER TO ACCELERATE THE WORK. If at any time the methods or equipment used by the CONTRACTOR or the work force supplied are found to be inadequate to achieve the progress required to Substantially Complete the Work within the Contract Time, the OWNER or the ENGINEER as the OWNER's representative, may order the CONTRACTOR in writing to supplement its forces and/or equipment, or work shifts or overtime, or otherwise improve its efficiency and rate of progress to achieve Substantial Completion of the Wo►k within the Contract Time, and the CONTRACTOR shall comply with such order, at its own cost and expense. 4.16 LAYOUT OF WORK. Except as specifically provided herein, the CONTRACTOR shall be responsible for laying out work and shall accomplish this work in a manner acceptable to the ENGINEER and in conformance with the Contract Documents. 4.17 SHOP DRAWINGS. The CONTRACTOR shall submit to the ENGINEER, with such promptness as to cause no delay in his own Work or in that of any other contractor, six (6) checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades. Contractor will check and approve shop drawings for compliance with requirements of Contract Documents and will so certify by stamp on each drawing prior to submittal to ENGINEER. Any drawings submitted without Contractor's stamp of approval will not be considered and will be returned to him for proper submission. The ENGINEER shall pass upon them with reasonable promptness, indicating desired corrections. The CONTRACTOR shall make any corrections required by the ENGINEER, file with him two (2) corrected copies and furnish such other copies as may be needed The ENGINEER s approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from the Contract Documents, unless he has, in writing called the ENGINEER s attention to such deviations at the time of the submission and the ENGINEER has acknowledged and accepted such deviations in writing, not shall it relieve him from iespons►bility for errors of any sort in shop drawings or schedules. It shall be the CONTRACTOR s responsibility to fully and completely review all shop drawings to ascertain their effect on his ability to perform the required Contract Work in accordance with the Plans and Specifications and Contract Documents, and within the Contract Time. 07/2006 00700 - 1 I of 33 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Such review by the ENGINEER shall be for the sole puipose of determining the apparent sufficiency of said drawings or schedules to result in finished improvements in conformity with the Plans and Specifications and Contract Documents, and shall not relieve the CONTRAC FOR of his duty as an independent contractor as previously set forth, it being expressly undeistood and agreed that the ENGINEER does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during CONTRACTOR'S performance hereunder, and any action taken by the ENGINEER shall not relieve the CON TRACTOR of his responsibility and liability to comply with the Contract Documents. 4.18 ENGINEER -CONTRACTOR RELATIONSHIP; OBSERVATIONS. It is agreed by the CONTRACTOR that the ENGINEER, as the OWNER's representative, shall be and is hereby authorized to appoint such subordinate engineers, representatives of observers as the said ENGINEER may from time to time deem proper to observe the materials furnished and the Work done under this Agreement. The CONTRACTOR shall furnish all reasonable aid and assistance required by the subordinate engineers, representatives or observers for the proper observation and examination of the work. The CONTRACTOR shall regard and obey the directions and instructions of any subordinate engineers, representatives or observers so appointed, when such directions and instructions are consistent with the obligations of this Agreement and the Plans and Specifications and Contract Documents, provided, however, should the CONTRACTOR object to any orders by any subordinate engineer, representative or observer, the CONTRACTOR may, within three (3) days, make written appeal to the ENGINEER for his decision. 4.19 OBSERVATION AND TESTING. The OWNER or the ENGINEER as the OWNER's representative shall have the right at all reasonable times to observe, inspect and test the Work. The CONTRACTOR shall make all necessary arrangements and provide proper facilities and access for such observation, inspection and testing at any location wherever Work is in preparation or progress. The CONTRACTOR shall ascertain the scope of any observation, inspection or testing which may be contemplated by the OWNER or the ENGINEER and shall give ample notice as to the time each part of the Work will be ready for such observation inspection or testing. The OWNER or the ENGINEER may reject any Work found to be defective or not in accordance with the Contract Documents regardless of the stage of its completion or the time or place of discovery of such deficiencies, and regardless of whether the ENGINEER has previously accepted the Work through oversight or otherwise. If any Work is covered without approval or consent of the OWNER, it must, if requested by the OWNER or the ENGINEER, be uncovered for examination, at the sole expense of the CONTRACTOR. In the event that any part of the Work is being fabricated or manufactured at a location where it is not convenient for the OWNER or the ENGINEER to make observations of such Work or require testing of said Work, then in such event, the OWNER or the ENGINEER may require the CONTRACTOR to furnish the OWNER or the ENGINEER with certificates of inspection, testing or approval made by independent persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the Contract Documents. If any Work, which is required to be inspected, tested or approved is covered up without written approval of 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 07/2006 00700 - 12 of 33 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT CONTRACTOR unless otherwise provided herein. Any Work which fails to meet the requirements of such tests, inspections or approval, and any Work which meets the requirements of any such tests or approval but does not meet the requirements of' the Contract Documents shall be considered defective. Such defective Work and any other work affected thereby shall be corrected at the CONTRACTOR'S expense. Neither observations by the OWNER or by the ENGINEER, nor inspections, certifications, tests or approvals made by the OWNER, the ENGINEER or other persons authorized under this Agreement to make such inspections, tests or approvals, shall relieve theCONTRACTOR from his obligation to perform the Work in accordance with the requirements of the Contract Documents 4.20 DEFECTS AND THEIR REMEDIES. It is further agreed that if the Work or any part thereof or any material brought on the site of the Work for use in the Work or selected for the same, shall be deemed by the ENGINEER as unsuitable or not in conformity with the Plans and Specifications or Contract Documents the CONTRACTOR shall, after receipt of written notice thereof from the ENGINEER, forthwith remove such material and rebuild or otherwise remedy such Work so that it shall be in full accordance with this Contract, It is further agreed that any such remedial action contemplated herein shall be at CONTRACTOR'S expense. 4.21 LIABILITY FOR PROPER PERFORMANCE. Engineering construction drawings and specifications, as well as any additional instructions and information concerning the Work to be performed passing from or through the ENGINEER, shall not be interpreted as requiring or allowing the CONTRACTOR to deviate floor the Plans and Specifications or the Contract Documents, the intent of such drawings, specifications and any other such instructions being to define with particularity the agreement of the parties as to Work the CONTRACTOR is to perform. CONTRACTOR shall be fully and completely liable and contractually bound, at his own expense, for design, construction, installation and use or non-use of all items and methods instant to the performance of the Contract, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, similar items or devices used by him during construction, and work performed either directly or incident to construction, and for all loss, damage or injury incident thereto, either to person or property, whether such damage be suffered by the ENGINEER, the OWNER or any other person not a party to this Contract. Any review of Work in progress or any visit or observation during construction, or any clarification of Plans and Specifications or Contract Documents by the ENGINEER or OWNER, or any agent, employee or representative of either of them, whether through personal observation on the Project site or by means of approval of shop drawings for construction or construction processes, or by other means or methods, is agreed by the CONTRACTOR to be for the purpose of observing the extent and nature of Work completed or being performed, as measured against the Plans and Specifications and Contract Documents, or for the purpose of enabling the CONTRACTOR to more fully understand the Plans and Specifications and Contract Documents so that the completed construction Work will conform thereto, and shall in no way relieve the CONTRACTOR from full and complete responsibility for proper performance of his Work on the Project, including without limitation the propriety of means and methods of the CONTRACTOR in performing said Contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance. Any action by the ENGINEER or the OWNER in visiting or observing during construction, or any clarification of Plans and Specifications or Contract Documents shall not constitute a waiver of CONTRACTOR'S liability for damages as herein set 00700 - 13 of 33 07/2006 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT out. Deviation by the CONTRACTOR from Plans and Specifications or Contract Documents, whether called to the CONTRACTOR'S attention or not, shall in no way relieve CONTRACTOR from his responsibility to complete all woik in accordance with said Plans and Specifications and Contract Documents, and further shall not ielieve CONTRACTOR of his liability for loss, damage or injury as herein set out. 4.22 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC The CONTRACTOR shall be solely responsible for the safety of himself, his employees and all other persons, as well as for the protection of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder The CONTRACTOR shall take out and procure a policy or policies of Workers Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas The CONTRACTOR shall at all times exercise reasonable precautions for the safety of employees and others on or near the Work and shall comply with all applicable provisions of federal state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded, as a minimum, in accordance with the `Manual of Accident Prevention in Construction" of the Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The CONTRACTOR shall provide all necessary machinery guards, safe walkways, ladders, bridges, gangplanks, barricades, fences, traffic control, warning signs and other safety devices No alcoholic beverages, non-prescription drugs, or unsafe practices will be allowed on the Work site. CONTRACTOR shall dismiss anyone participating in any of the above from the Work site for the duration of the Project. Only prescription drug uses with a docto►'s authorization to perform construction activities will be allowed on the Work site. Violation of this provision is a default under the Contract. The use, possession, sale, transfer, purchase or being under the influence of alcohol, drugs or any other illegal or unlawful substance by CONTRACTOR or CONTRACTOR'S employees, or CONTRACTOR'S subcontractors and employees at any time at the Work site or while on company business is prohibited. CONTRACTOR shall institute and enforce appropriate drug testing guidelines and program. All accidents or injuries to CONTRACTOR'S employees working on the job site must be reported verbally and in writing to the ENGINEER immediately, and within no more than eight (8) hours. The safety precautions actually taken and their adequacy shall be the sole responsibility of the CONTRACTOR, in his sole discretion as an independent contractor. inclusion of this paragraph in the Agreement, as well as any notice which may be given by the OWNER or the ENGINEER as the OWNER's representative concerning omissions under thus paragraph as the Work piogresses, are intended as reminders to the CONTRACTOR of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the CONTRACTOR or any of his subcontractors. 4.23 PROTECTION OF ADJOINING PROPERTY. The CONTRACTOR shall employ proper means to protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, from any damage or injury by reason of said process of construction, and he shall be liable for any and all claims foi such damage on account of his failure to fully protect all adjacent or adjoining property. THE CONTRACTOR AGREES TO 00700 - 14 of 33 07/2006 CITY OF PEARL AND INDEMNIFY DEFEND, SAVE AND HOLD HARMLESS THE OWNER AND ENGINEER AGAINST ANY CLAIM OR CLAIMS FOR DAMAGES, LOSS, COSTS OR EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY S FEES, DUE TO ANY INJURY TO ANY ADJACENT OR ADJOINING PR RAOCT TREGARD ESS OF WHY, ARISING OR GRWING OUT ETHER OR NOTFTHE SUCH PERFORMANCE OF THE CONE DAMAGE LOSS, COST OR EXP � ABILITY OF OWNER AND/OR ENGINEER IS CAUSED IN PART BY THE NEGLIGENCE GROSS NEGLIGENCE OR STRICT 4.24 PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN AND FURNISHERS OF MACHINERY,PQUIPMENT AY WHEN DUD AND WILL SUPPLIES. THE CONTRACTOR AGREES THAT HE WILL PROMPTLY INDEMNIFY, SAVE AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ALL CLAIMS GROWING OUT OF THE DEMANDS OF SUBCONTRACTORS, LABORERS, WORKERS, MECHANICS, MATERIALMEN O DLS AN FURNISHERS ALL SOF UPPL CHIN RY AND D PARTS THEREOF EQUIPMENT POWER 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 dnectly any unpaid bills of which the OWNER has written notice, or withhold from the CONTRACTOR'S unpaid compensation a sum of evidencemyi d fern ddhreedasonathat ablll sufficient to liquidate any and all such claims until satisfactory liabilities have been fully discharged, whereupon this Contract. ts to the CONTRACTOR shall be resumed in full, in accordance with the Any and all communications between any parties under this paragraph shall be in writing. Nothing contained in this paragraph or this Agreement shall create, establish or impose any relationship, contractual or otherwise between OWNER and any subcontractor, laborer or supplier of CONTRACTOR, nor shall it create, establish or impose any duty upon OWNER to pay or to see to the payment of any subcontractor, laborer or supplier of CONTRACTOR. 4.25 PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION. The CONTRACTOR shall pay all royalties and license fees and shall provide for the use of any design, device material or process covered by letters patent or copyright by suitable legal agreement with the patentee or owner thereof THE CONTRACTOR SHALL DEFEND ALL SUITS OR CLAIMS FOR INFRINGEMENT OF ANY PATENT OR COPYRIGHT AND SHALL INDEMNIFY SAVE AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY LOSS OR LIABILITY ON ACCOUNT THEREOF, EXCEPT SUCH SUITS AND CLAIMS ARISING OUT OF A PARTICULAR DESIGN DEVICE, MATERIAL OR PROCESS OR THE PRODUCT OF A PAR] ICULAR MANUFACTURER OR MANUFACTURERS SPECIFIED OR REQUIRED BY THE OWNER; PROVIDED, HOWEVER, IF CHOICE OF ALTERNATE DESIGN DEVICE MATERIAL OR OR ISHOULD HAVE KROCESS IS NOWN OF THE WED TO THE CONTRACTOR, OR IF CONTRACTOR KN PATENT OR COPYRIGHT AND FAILED TO PROMP FLY NOTIFY OWNER IN WRITING, THEN THE CONTRACTOR SHALLINDEMNIFY,DEFEND, ON ADCCOUNT TH REO}:LD THE OWNER HARMLESS FROM ANY LOSS OR 4.26 INDEMNIFICATION. CANONTRACTOR AGREES D THE OWNER HARMLESSOFROM ANY INDEMNIFY AND HOLD THE ENGINEER 00700- is of33 07/2006 GENERAL CONDITIONS OF AGREEMENT CITY OF PEARLAND CLAIMS OR DEMANDS OF ANY NATURE WHATSOEVER CONTRACTOR ORMBYOYEE, ANY EMPLOYEES, AGENTS OR SUBCONTRAC FORS OF OTHER GROUPS, UNION, TRADE ASSOCIATION, WORKER'S YSSREORESENOT N NGOEMPLOYEES OF THE ASSOCIATIONS OR INDIVIDUALS, ALLEGEDNTRACTOR CONTRACTOR, IN ANY DISPUTE BETWEEN10LVINGTHE COGROW NG OUTNOF lOR EMPLOYEES, DIRECTLY OR INDIRECTLY ARISING FROM CLAIMS BY SUCH CONDITIONS OYEES OR ANY OTHER S M IFO�R R WAGES, SALARY, ENEFITS, WORKING COMPLAINT NT OR CLBAIM WHICH MAY BE MADE IERS THE CONTRACTOR, HIS SURETIES AND INSURANCE RENGINEERLAND THE R INDEMNIFY AND HOLD HARMLESS THE OWNER AND THE RESPECTIVE OFFICERS, REPRESENTATIVES, A SENTS A DND EMSPLOYEES UITS, F O LlIT AND AGAINST ALL DAMAGES, CLAIMS, LOSS JUDGMENTS AND COSTS OF ANY CHARACTER ANDfSHALOL BE REQUIRED INCLUDING TO REASONABLE ATTORNEY S FEES AND EXPENSES, PAY ANY JUDGMENT THEREFOR WITH COSTS, SOR WHAICH Y MAOFTH BEEIOFF IINRD AGAINST THE OWNER AND/OR THE ENGINEER REPRESENTATIVES AGENTS OR EMPLOYEES, RESUL ARISING NG FROM TOHEOERFORMANCE FROM OR ALLEGEDLY ARISING OUT OF OR OF THE WORK, PROVIDED THAT ANY SUHDAMAGES, CLAIM, LOSS, DEMAND, SUIT, LIABILITY, JUDGMENT COST OR EXPENSE: IN R (A) ARISES OUT OF OR REST OF ORLTS ROM IN WHOLE RESLILTS FROM IONRWHOL ROROIN ALLEGEDLY ARISES OU PART, ANY BREACH OF THIS AGREEMENT OR BREACH OF WARRANTY BY CONTRACTOR; OR SEASE (B) IS A I RIBUTABLE TO BODILY INJURY, SICKNESS, DESTRUCTION OF TANGIBLE PROPERTY, DEATH OR INJURY TO OR INCLUDING THE LOSS OF USE RESULTING THEREFROM; AND IN IS CAUSED IN WHOLE OR INPART CNT ACT OR OMISSION OFOR IS ALLEGEDLY ITHE WHOLE OR IN PART BY ANY CONTRACTOR, ANY SUBCONTRACTOR,OIZINDIRECTLY EMPLOYED BY EMPLOYEES OR ANYONE DIRECTLY ANY ONE OF THEM OR ANYONE OF WHETHER OR NOT IT ISO F THEM MAY BE LIABLE REGARDLESSCAUSED IN PART OR ALLEGEDLY CAUSED LIABIL LIABILITY OF OWNER, ENGINEER GROSS NEGLIGENCE OR STRICT AND/OR A PARTY INDEMNIFIED HEREUNDER. Notwithstanding the foregoing or anything in the Agem entCivto the Preccoe r aay, in accoerdance Code, with the provisions of Section 130.002 of theTexas CONTRACTOR shall not be obligated to indemnify is caused byharmlo�srels�lENGINEER, efectsiin plans, servants or employees, from liability for damage designs or specifications prepared, approved or used by the ENGINEER, or negligence of the f any ENGINEER in the rendition of conduct of professional ec ficatiornses that llefor or ard a part of �thesinc onstrot oi�cti n construction contract and the plans, designs orsp 00700 - 16 of 33 07/2006 GENERAL CONDITIONS OF AGREEMENT CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT contract, and arises from personal injury or death, property injury, or any other expense that arises from personal injury, death, or property injury. survie notwithstanding This indemnity agreement is a continuing obligation, of the warrantyl period, termination of the completion of the Work, Final Payment, expiration Contract, and abandonment or takeover of the Work. not mited by a limitation on CONTRACTOR'S indemnification obligations benefits payable shall by orb for►the CONTRACTOR or a amount or type of damages compensation or subcontractor under workers' compensation acts, disability amounts benefit or coverage sof insurance provided to acts, and shall not be limited by any limitation be provided under this Contract. 4.27 LOSSES FROM NATURAL CAUSES. All Toss, cost, expense or damage to the done or from any CONTRACTOR arising out of the nature ame othe fi•om tthe actioneof the elements, or fromf un� seen al circumstances in the prosecution of the, or obstructions or difficulties which may beencounterat his ow dcin the prosecution of the Work, shall be sustained and borne by the CONTRACTOR se. 4.28 GUARANTEE. The CONTRACTOR hereby guarantees all the Work under the Contract to be free from defects or deficiencies g a ainst unusual idamageevery fi•o nparticular proper and usual from use; defects or deficiencies in workmanship; and and agrees to replace or to re -execute without cost to e e wOVNER such ith the Contracto►cumentsyand to make be found to be defective, deficient or otherwise not inonformanc good all damages caused to other work or material, due to such defective Work or due to its required replacement or le -execution. This ubstantial uarantee Co repletion of Work e rider the Contract m the as date of Substantial Completion or Partial S evidenced by the Certificate of Substantial � onnpin t►he Cont act the Do umeertintsashall el eve of ►the Completion, Final Payment, nor any provi CONTRACTOR of the responsibility for defectivedeficient Thetor non-confot one-year ming material or guarantee will workmanship during the period covered by guarantee not limit the OWNER S other rights underafter oneea common law with r f this orespect year guarantee antee conflicts with or non -conforming Work discovered Y other warranties or guarantees, the longer period of warranty or guarantee will govern. 5.0 PROSECUTION AND PROGRESS of 5•01 TIME AND ORDER OF COMPLETION. that the►s the meaning and CONTRACTOR shalitbetalloweid s Contract, unless otherwise herein specifically provided, to prosecute his Work at such tines and seasons, in such o►der of precedence, that dhe oin such manner rder and the as shall be most conducive to economy of construction; provided, however,h time of prosecution shall be such that the Work shall be SubstantiallyCompletedplleteed also, tat ah� hote n d then part, in accordance with this Contract and the Contract Time; provided, OWNER is having other work done, either by contract or by his own forces, the ENGINEER may at direct the time and manner of constructing torlWd° ne works being g thiser Contract foi'atheso OWNER shall be ict will be avoided and the construction of the various harmonized, and the CON TRACTOR shall fully cooperate and coordinate its Work with OWNER or such other contractors. 00700 - 17 of 33 07/2006 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT The CONTRACTOR shall submit, at such times as may reasonably be requested by the ENGINEER, schedules which shall show the order in which the CONTRACTOR proposes to carry on the Work with dates on which the CONTRACTOR will start the several parts of the work, and estimated dates of completion of the several parts. Such schedules shall show completion of the Work within the Contract Time, and/or shall show such recovery efforts as CONTRACTOR intends to undertake in the event Substantial Completion of the Work is delayed. 5.02 EXTENSION OF TIME. The CONTRACTOR agrees that he has submitted his Proposal in full recognition of the time required for the completion of this Project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions as hereinafter set forth, and that he shall not be entitled to, nor will he request, an extension of time on this Contract, except when Substantial Completion of the Work has been delayed solely by any act or neglect of the OWNER, the ENGINEER, or any employee of either, by other contractors employed by the any other OWNER, by wanyh approved change in the Work, by strikes, lockouts, fires, Actsoorby the ENGINEER shall decide justifies the delay. Justified delays include rainfall or other weather conditions that prevent the CONTRACTOR from performing more than one-half of the typical work day. The CONTRACTOR shall give the ENGINEER prompt notice, in writing and within three (3) days of the start of any such delay, of the cause of any such delay, and its estimated effect on the Work and the schedule for completion of the Work. Upon receipt of a written request for an extension of the Contact Time from the CONTRACTOR, supported by relevant and all requested documentation, the ENGINEER shall submit such written request, together with his written recommendation, to the OWNER for consideration. If the delay is not attributable in whole or in part to any act or omission of CONTRACTOR, its subcontractors or suppliers, and if the OWNER determines that CONTRACTOR is entitled to an extension of time under the terms of the Contract, the OWNER shall grant an extension of time for Substantial Completion of the Work, sufficient to compensate for med exceyt as ndaysuch extension be otherwise provided time hereinhall be CONTRACTOR s sole and exclusivey, p The Contract Time as defined in the Proposal and other sections herein contains 40 Rain Days, based on the average annual rain days from June 1898 to December 1996 as contained in the Alvin Weather Center records. The CONTRACTOR is required to keep record of all weather related delays and to submit the monthly count on each Pay Application. The Owner's Representative shall review and signed off on this record as a part of the Pay Application approval process every month. If, during preparation of the Balancing Change Order, the status of the work progress requires an extension of the Contract Time, Weather Days shall be added to the Completion Date equal to the total number of Weather Days approved less the original 40 days resident in the original Contract Time. The Addition of Weather Days will only alter the Contract Time when Weather Days have been added by Change Order If the Work is completed prior to the Completion Date, No Weather Days will be added. The addition of Weather Days shall be the CONTRACTOR'S sole remedy for delays to the completion of the Work due to weather conditions and their addition to the Contract Time shall not affect the Contract Price through any "per deim" adjustment to the General Conditions costs, Temporary Facilities costs or any other costs associated with the extension of the Contract Time. 5.03 HINDRANCES AND DELAYS. in executing the Contract, the CONTRACTOR agrees that in undertaking to complete the Work within the time herein fixed, he has taken into consideration and made allowances for all interference, disruption, hindrances and delays incident to such Work, whether glowing out of delays in securing material, workmen or otherwother -ise. 1e �No 07/2006 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT claim shall be made by the CONTRACTOR for aca uses,e during the progress of anyoss, costs or expense poiof from interference disruption, hindrances or delaysany of the Work embraced in this Contract, except where the s✓representative, rk is r suspnd suchedsby order or the OWNER, or the ENGINEER as the suspension is not attributable to any act or omission of CONTRACTOR. 5.04 SUSPENSION OF WORK. OWNER may, without cause, order the CONTRACTOR in writing to suspend the Work,Cno i la°t e Time shall beor in part, oadjusted for such �any increasof time e s OWNER may request. The Contract Price and/oro in the cost of or the time required for performance the o • would h ave been suspended by ancause adjustment shall be made to the extent performance was for which CONTRACTOR is responsible, or to the extent an adjustment is made or denied under another provision of the Contract Documents. 5.05 LIQUIDATED DAMAGES FOR DELAY: It is understood and agreed that time is of the essence, and that the CONTRACTOR Substantially mmence the Compl to t e Workork nthe wrthindate the Contract d herein or in any Notice to Proceed, and will Time It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER, that the time for the Substantial Completion of the Work described herein is reasonable time tor the completion of the same, taking consideration onsthisr locality. CONTRACTOR average climatic forth e and conditions and usual industrial conditions prevailing agrees that a breach of this Contract as to completion mpletionrond time ethatill cause useidneng will e to tbe OWNERI t. and that such damages cannot be accurately Therefore, the parties agree that for each and very of the lendar day the Contract Time, the CONTRACTOR shall ork or any portion thereof shall remain uncompleted after the expiration pay, as liquidated damages and asndard Form of estimate igreemof OWNER s damages, and not as a penalty, the amount set out in the Standard an y e However, the foregoing agreement as to liquidated nt of damages amages constitutes wh�ch theyOWNER mwilltsi stahn OWNER and the CONTRACTOR as to the amount com ete the work within the e. by reason of the CONTRACTOR S failure to pibreach by CONTRACTOR,tthetOWNER maa the OWNER suffer damage by reason of any other recover such actual damages in addition to any liquidated damages due. The OWNER shall have the right to deduct and withhold the amount of any and all such damages whether it be the minimum amount stipulatedabove such amount ootherwise, ffiomthe m any monies CONTRACTOR lt to and said CONTRACTOR, or the OWNER may recover ll be tive e the sui eties of his bond; all of such remedies amade nelecti n by and phoceOWNER ed ng to enforce anyb required to elect any one nor be deemed tohavean one remedy. 5.06 CHANGE OF CONTRACT TIME: The Contract Time may only be changed by a Change order. Any claim for an adjustment of thertract Time shalparty and to thle be ENGINEER pronptly,based on written tbut deliveredice by the party making such claimo in no event later that thirty (30) data, the event ng withinse to thirty days the claim. ��oNotice f the occurrence the tir eextent nce of the claim, along with supporting , shall be delivered written t is and shall be accompanied by the claimant's has reason to believe it it as theadjust asma�esultmofdthe the entire adjustment to which the claimant occurrence of said event. All claims for adjustment in Contract Time shall be determined by ot3e 07/2006 CITY OF PEARLAND ENGINEER in accordance with the requirements of this paragraph. minimum, the following data: A. Information showing that the time requested is Contract and in addition to the Contract B. Information documenting that the number of days requested is accurate for the C. Revised, current construction schedule showing that the time requested affects event. the project's critical path. 5.07 DELAYS BEYOND OWNER'S AND ofOthe CONTRACTOR'S theContractCONTROL: Where e CONTRACTOR is prevented from completing any part to delays beyond the control of the OWNER and the CONTRACTOR work,including, tt limited e to, interference by utility owners or other contra performingtime lost. R entitled to an extension of the Contract Time in an amount rice as aequal to result of such delays ION NO EVEN shall not be entitled to any increase in ContractF SHALL OWNER BE LIABLE TO CONTRACTOR FOR DAMAGES of, the CONTRACTOR, OUT OFrO(i ) R RESULTING FROM (i) Delays caused by or within the control utility Delays beyond the control of both partie�� rcworkg,fibut res, floods,limited ep deoinics� byl weather owners or other contractors performing oault, ch of conditions, acts of God, even if such delays are e in part to the Deceptive Trade Actnorligence other stct liability lwitho rt rega d contract or warranty, violation of the Texas p to fault of OWNER. An extension of Contract time shall be CONTRACTOR'S sole and exclusive remedy for any such delays Delays attributed to, and within a Subcontractor or Supplier shall be deemed to be delays within the control of the CONTRACTOR. 6.0 MEASUREMENT AND PAYMENT 6.01 DISCREPANCIES AND OMISSIONS. If the CONTRACTOR knows or reasonably should have known of any discrepanciesENGINEER andomissions obta'n►n the a clar ficationpby eci(Addendum cations or Contract Documents, he shall notify th ER prior to before the proposals are received, and if no considered that the CONTRACTOR ° request ►s received by the ENf illyLunderstands the opening of proposals, then itshall b the the Work to be performed and has provided ions�andnt sums in his Cont act Documents. It �s further understood ork in accordance with the Plans and Specifications that any request for clarification must be submitted no later than five (5) days prior to the opening of proposals. 6.02 QUANTITIES AND MEASUREMENTS No extra or customary measurements of any kind will be allowed, but the actual measured and/or computed length, area, volume, number and weight only shall be considered, unless otherwise specifically provided. 6.03 ESTIMATED QUANTITIES. This Agreement, including the Specifications, Plans and Contract Documents, and inclidnt�any be fon shed 1 ereunderthWhere ein, ithentest�� ted to convey all Work to be done and material under quantities are shown for the various classes of Work to be to be used onldyone and as a basis forma� ting thehp�ob ble this Contract, they are approximate and a cost of the Work and for comparing the Proposals donoffered for to►ke It is understoodfurnished and agreed that the actual amount of Work to 00700 - 20 of 33 07/2006 GENERAL CONDITIONS OF AGREEMENT Contractor shall submit, as a not included in the existing CITY OF PEARLAND Contract may differ from the estimates and that the itemlisted all orot give arse tomtequantiti s stated, and/or any difference between estimated and actual CONTRACTOR against the OWNER for lossanticipated �profits or other compenense, damaes, unit price adjustment, quantity differences, unrecovered overhead or lost or is Contrct that ll rk 6.04 PRICE OF WORK. It is agreed tchat it ionssthe and othertCoofn tact Docannentsais tobe described in the Proposal, the Plans and Specificationsch done for the purchase prices proposed by the CONTRACTORae with theand that `int ntrof theselContract all appurtenances necessary to complete the Work n acco d Documents as interpreted by the ENGINEER and all costs, expenses, bond and insurance ion of the furnishing of all the necessary premiums, taxes, overhead, and profit. omn let osndof all Work by the CONTRACTOR, and upon labor, equipment and material and the c ped in this Contract in full the completion of all Work and the delivery of all aa trees tompaycto the CONTRACTOR the conformity with the Contract Documents, the OWNER b prices set forth in the Standard Form of Agrrat, any obligation to for the material 1pay for any services y used and set vices actually performed however, the OWNER does not or material not actually authorized and used. The x, CONTRAand all CTOR or tihereby for the aforesaid Work, prices as payment in full for furnishing all mate'the and for all expenses incurred by him, and for full per�henance Plan ofoandthe Work anSpec fiicaUons and whole Contract in the manner and according to this Agreement, Documents, and the requirements of the ENGINEER. l 6.05 PAYMENTS. No payments made or approvals actceitherr ates m whole hnlpa t, e considered as conclusive evidence of the performance of the Cont nor shall any certificate approval or payment atdeted as acceptance during ctive, tl e or non -conforming Work. CONTRACTOR shall,any time requested Work, furnish the OWNER or the ENGINEER with an affidavit showing the CONTRACTOR'S total outstanding indebtedness in connection with the or Work Before Final Paymethe entais made,uthe CONTRACTOR shall satisfy the OWNER by affidavit aid ct claims due subcontractors, suppliers or laborers y Payment bhalleason of any constit to a under the and all chins Acceptance by CONTRACTOR of Final Pa y otk, or of whatsoever nature against OWNER arjNEERng out whi h have related notto the Contract, theretofore beenrt inelyJfiled as any acts or omissions of OWNER or ENGINEER, provided in this Contract. 6.06 PARTIAL PAYMENTS. When the Contract Price is a lump sum amount, prior to the first Application for Payment, CONTRACTOR lshall `rthrert to entire Con1t'act Pr forethe eview and approval a Schedule of Values, which shall y allocate various portions of the Work and shall be prepared in such form anbly r•equ ra. s`The pportS heduleby rof Value substantiate its accuracy as the ENGiNEER mayreasonably p royal, this shall follow the trade divisions of the Specifications so far as practicable. Upon approval, p Schedule of Values shall be used by EN PayNEER as the basis for reviewing the ►nent shall indicate the percentage of conplet onr Application for Payment Applications foof each portion of the Work as of the end of the period covered by the Application for Payment. On or before the tenth day of each month, the CONTRACTOR shall prepa►e and submit to the ENGINEER, tor approval or correction an application for partial payment being a statement showing as completely as practicable the total value of the Work done by the CONTRACTOR up to and including the twenty-fifth day of the preceding month; said statement shall also so in l 2de l the 07/2006 GENERAL CONDITIONS OF AGREEMENT CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT value of all conforming materials to be fabricatedsitonlothe Work dwill►ed in accordance with be made for materials manufactu►er's recommendation at the Work Y. No payment stored until Owner has approved in writing storage at the Work site. The ENGINEER shall then review such statement and application for pfie�athe datenENGINEER t and the receives CONTRACTOR'S ress of the Work made by the CONTRACTOR and, within ten days application for payment, if the application is foundto be accui ate ENGINEER s�all correct prepare a preliminary d conforming to the requirements of the Contract Do certificate for partial payment and shall deliver ENGINEER findsthat CONTRACTOR'S application ry certification for ► ent to the OWNER and the CONTRACTOR or, ►f the for payment contains an error or is otherwise rdicertif� certificate fore all part�al paymtify ent CONTRACTOR the Oi►ndisputed error or dispute, and shall prepare a preliminary amount of the application foi payment due CONTRACTOR and deliver it to the CONTRACTOR that a bona fide disputeOfor d CONTRAC FOR. ENGINEER'S notice to payment exists shall include a list of the specific reasons for nonpayment The OWNER shall then pay the CONTRCOR,thewithin undisputed balance due�lessthe appl cable ENGINEER'S receipt of the application forpayment, ained or retainage and further less all previous payments ms of this1nd Agrelementt. e CONTRACTOR may sums that may is ►bmit a withheld by the OWNER under the ter corrected application for payment after its receipt of the ENGINEER'S notice of error or dispute, and such co►rected application for payment shall be reviewed by the ENGINEER and disputed or paid under the same procedure and within the same time limits set out above. As a condition of any progress payment under this Agreement, CONTRACTOR shall execute and deliver to ENGINEER and OWNER a full release of all claims direct or indirect at law or in equity, arising out of or related to the Work to date, excluding retainage or any claims previously submitted as required under the terms of the Contract, and specifically identified and excluded by CONTRACTOR in the release. OWNER shall be entitled to retain from each progress payment five percent (5%) of the amount thereof. Such ►etainage shall be retained until Final Completion and satisfaction of all conditions for Final Payment. It is understood however, that in case the whole Work be near to completion as certified by the ENGINEER, and some unexpected or unusual delay occurs, through no neglect or fault on the part of the CONTRACTOR, the OWNER may, upon written recommendation of the ENGINEER pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR or the CONTRACTOR, at the OWNER'S option, may be relieved of the obligation to frilly complete the Work and thereupon, the CONTRACTOR shall receive, at the OWNER'S option, payment of the balance due him under the Contract for Work completed in accordance with the Contract Documents, subject to OWNER's rights to otherwise withhold or retain payments, and subject to the conditions set forth under "6.08 FINAL PAYMENT." The Owner at its option and in compliance with Texas law may reduce retainage to less than the above -stated percentages. 6 07 USE OF COMPLETED PORTIONS & PUNCHLiST. The OWNER shall have the right to take possession of and use any completed or partially completed portions of the Work, notwithstanding that the time for completing the entire work suchor portions may oany ►work not ot have expired but such taking possession and use shall not be deemed an acceptance of completed in accordance with the Contract Documents. If such prior use increases the e cost 0 t2of or 07/2006 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT delays the Work, the CONTRACTOR shall promptly and within three (3) days of OWNER's taking possession, give OWNER written notice of same, and CONTRACTOR may be entitled to such extra compensation or extension of time, or both, as may be determined in accordance with the provisions of this Agreement. 6.08 SUBSTANTIAL COMPLETION. The CONTRACTOR shall notify the OWNER AND ENGINEER, by letter executed by a duly qualified officer of CONTRACTOR, that in CONTRACTOR'S opinion, the Work of the Contract, or an agreed portion thereof is Substantially Complete". Upon receipt, and within a reasonable time thereatte►, of such notice, the ENGINEER and the CONTRACTOR shall jointly perform a walk-through and inspection of the Work to determine the status of all or the identified portion of the work, and shall prepare a detailed list of unfinished, incomplete, defective and/or non -conforming Work ("Punchlist"). If the ENGINEER determines that the Work is Substantially Complete in accordance with the Contract Documents, the ENGINEER shall issue to the OWNER and the CONTRACTOR a Certificate of Substantial Completion. OWNER shall have seven (7) days after receipt of Certificate to make written objection to the ENGINEER as to any provision of the Certificate or the attached list of non -conforming work. If ENGINEER concludes that the Work is not Substantially Complete, ENGINEER will within fourteen (14) days, notify CONTRACTOR of the ieason he believes the Work is not Substantially Complete Upon Substantial Completion of the Work, ENGINEER will deliver to OWNER final CONTRACTOR a written recommendation as to division of responsibilities, pending payment and acceptance with respect to security, maintenance, utilities and damage to the Work, except as otherwise provided in the Certificate of Substantial Completion. NEITHER THE SUBSTANTIAL COMPLETION OF THE WORK, NOR "I HE OMISSION OF AN ITEM FROM THE PUNCHLIST, SHALL EXCUSE THE CONTRACTOR FROM PERFORMING ALL OF THE WORK UNDERTAKEN, WHETHER OF A MINOR OR MAJOR NATURE, AND THEREBY COMPLETING THE WORK IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. The Certificate of Substantial Completion shall establish the time period within which CONTRACTOR shall complete the Work for Final Acceptance by the Owner and ENGINEER. 6.08-1 OWNER shall have the right to exclude CONTRACTOR fiom the Work after the date of Substantial Completion, for security requirement ►easons. OWNER may establish an access procedure to facilitate CONTRACTOR'S uninterrupted access to the Work for the purposes of completing and correcting all items on the Punchlist in an expeditious manner. 6.09 FINAL PAYMENT. Final payment of the Retainage withheld from the Contract Price shall be made by the OWNER to the CONTRACTOR at such time as: (a) the Work, including all Change Orders and including all Punchlist work, has been fully completed in strict accordance with the Contract Documents; (b) the Contract has been fully performed except for the CONTRACTOR'S responsibility to correct nonconforming Work during the warranty period set forth in the Contact Documents, and to satisfy other requirements, if any, which necessarily survive final payment; (c) CONTRACTOR delivers to OWNER a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is 00700 - 23 of 33 07/2006 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT currently in effect and will not be cancelled or allowed to expire until at least 30 days prior written notice has been given to OWNER; (d) CONTRACTOR delivers to OWNER a Consent of Surety, if any, to final payment; CONTRACTOR delivers to OWNER a complete set of As -Built Drawings, reflecting all deviations from the Plans, Specifications and approved shop drawings in the Work actually constructed, and delivers all maintenance and operating manuals and/or instructions; (f) CONTRACTOR delivers to OWNER all building certificates required prior to occupancy and all other required inspections / approvals / acceptances by city, county, state governmental entities or other authorities having Jurisdiction; CONTRACTOR delivers to OWNER assignments of all guarantees and warranties from subcontractors vendors suppliers or manufacturers, as well as names, addresses and telephone numbers of contacts for each subcontractor, vendor, supplier or manufacturer; (h) CONTRACTOR removes all equipment, tools, temporary facilities, surplus materials and rubbish from the site, and final cleans the site to OWNER's satisfaction; CONTRACTOR delivers to OWNER a Full and Final Release and Affidavit of Bills Paid in the form attached hereto as Attachment No. 2, executed by CONTRACTOR; (j) CONTRACTOR delivers to OWNER all other documentation required to be submitted to OWNER pursuant to the Contract Documents, including but not limited to any special guarantees or warranties, operation and maintenance manuals, etc'. in each case in a form satisfactory to OWNER as determined in OWNER's sole discretion; and (k) the Final Application for Payment has been approved by the ENGINEER and OWNER. Acceptance of Final Payment by the CONTRACTOR shall constitute a waiver of all claims by CONTRACTOR against OWNER other than any claims previously made in writing by CONTRACTOR against OWNER, and still unsettled, and except for claims arising out of thud party actions, cross -claims and counterclaims. No interest shall be due or payable by OWNER to CONTRACTOR on any sums retained or withheld by OWNER pursuant to the terms or provisions of the Conti act Documents, except as otherwise provided by applicable law. Neither the Certificate of Substantial Completion nor the Final Payment not possession of acceptance of the Work shall relieve theftCONTRACTOR oan°�ar►•antits b'tgwh�h may be regrn for nred by law or of defective or the non- conforming Work or for Contract Documents. 6.10 CORRECTION OF WORK BEFORE FINAL PAYMENT. The CONTRACTOR shall promptly remove from OWNER's premises all materials, equipment or Work which o is s 07/2006 (e) (g) (i) CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT defective or otherwise not in conformance with the Contract Documents, whetheractually incorporated in the Work or not, and CONTRACTOR shall, at his own expense, promptly p ce such materials, equipment o► Work with other materials conforming to the requirements of the Contract The CONTRACTOR shall alma damaged the ny expense re noval1oorngi'eplacement. If work of CONTRACTOR or other contractors b by CONTRACTOR does not remove and replace unsuitable ENGINEERWork the OWNER may ►bemove, after receipt of a written notice from the OWNER or the replace and remedy such work at CONTRACTOR'S expense. 6.11 CORRECTION OF WORK AFTER FINAL PAYMENT. If within one (1) year from the date of Substantial Completion or such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, CONTRACTOR y after shall, at its sole cost correct it and any other workCONTRACTOR shallbeaffected thereby lresponsible►for any pt of a written notice from OWNER to do so. In addition damage to building contents, when such damage results from the CONTRACTOR'S use of faulty materials or defective workmanshi a>]irenew and recommence for each corrected tOthe ednamage ► bt ►ns not covered y 0 of Work insurance. This warranty period shall upon completion of the remedial wot k. This time period for correction by CONTRACTOR is in addition to, and not in lieu of, all warranties or remedies, which exist at common law or by statute. These warranty obligations shall survive the termination of this Contract, and shall be enforceable by a decree of specific performance, in addition to such other rights and remedies available to OWNER at law or in equity. 6.12 PAYMENTS WITHHELD. The OWNER may withhold, or on account of subsequently discovered evidence `lato demand such extent asem►ay beate p necent of, essary to tprot ct OWNER whole or part of any certificate for payment or payment, from loss on account of: (a) Defective or non -conforming Work not remedied; (b) Claims filed or reasonable evidence indicating probable filing of claims, (c) Failure of the CONTRACTOR to make payments promptly to subcontractors or for material or labor (d) Damage to another contractor, OWNER, existing improvements on the site, or to adjacent or adjoining property; (e) Reasonable doubt that the Work can be completed for the unpaid balance of the Contract amount; Reasonable indication that the Work will not be completed within the Contract Time; Failure on the part of the CONTRACTOR to execute any and all documents, releases or other documents presented to the CONTRACTOR for execution, as provided for herein or otherwise; (t') (g) 07/2006 00700 - 25 of 33 CITY OF PEARLAND (h) Liquidated or other damages due to late completion; and/or (I) Any breach by CONTRACTOR of this Contract or any other agreement between OWNER and CONTRACTOR When the above grounds are removed to OWNER'S satisfaction, the withheld payment shall be WNER may remedy the same for made promptly. if the said causes are not so thcost theed reeoOf to CONTRACTOR and deduct such cost CONTRACTOR'S account, charge the entire from the Contract Sum or from any payments due or to become due under any other agreement between OWNER and CONTRACTOR. 6.13 DELAYED PAYMENTS. ShoewOh the erNER mslto make of the Contra t Documents, ayment to the CONTRACTOR when payment is due in accordance any interest due CONTRACTOR for late payments mnentshall CodeUas amended, and payment of such with the provisions of Chapte► 2251 of the Texas G growingout of such t shall filly lipayment. Shoand compensate any uld OWNER fail to pay CONTRACTOR y to the an undisputed amount due such delay in payment. Sh within the time limits provided in the rRsionsract rofapplicable 2251.051 ONof the TACTOR as Government notice required and comply with the p Code, and shall thereupon be entitled to the rights and remedies provided therein. 7.0 EXTRA WORK AND CLAIMS 7.01 CHANGE ORDERS. Without invalidating this Agreement, the OWNER mchay, at any time or from time to time order additions, deletions orrevisions will be authorized by Change Order to hapYepared y thee Orderbhall seEforth the baNGINEER ss for anyr ochangen by then OWNER and the CONTRACTOR. The C b Contract Price, as hereinafter set forth for Extra Work, and any change in Contract Time, which may result from the change. 7.02 MINOR CHANGES. The ENGINEER may authorize minor changes in the Work not inconsistent with the overall intent of the Contract rOR believes Dthat any minor ehangesva involving by the an increase in Contract Price or time. If the CONTRACTORENGINEER involves Extra Woric or entitles him to an ve notice increase sameinbyhe wr ttetract Price or the to the Contract Time, the CONTRACTOR shallg ENGINEER for a written Work Ordei, with copy to fed knot the CONTRACTOR shall be given prior to beginningtheOWNER. such notice ior to ch n ice commencement of any minor change in theWork ea�e in the►Co Contract et or the Co tract Time and request shall constitute a waiver of any and all claims for an arising out of or related to such changed work. 7.03 EXTRA WORK. it is agreed that the CONTRACTOR shall perform all work undei the direction of the ENGINEEen presented the ENGINEER,►th a subject,ritten howeverato thO►aght of the er Work Change Directive or Wo►k Order signed y CONTRACTOR to requiie written confirmation agreed that�h ef �►basisch hofc eopen►sationko adj�st�enttto the Work Order by the OWNER. It is CONTRACTOR for work either altered, added or deleted by a Change Order oi Work Change Directive, o► for which a claim for Extra Work is made, shall be determined by one or more of the following methods: 00700 26 of 33 07/2006 GENERAL CONDITIONS OF AGREEMENT CITY OF PEAL_ GENERAL CONDITIONS OF AGREEMENT Method (A) - By Contract unit prices applicable to the work, if any; or Method (B) - By agreed unit prices or agreed stipulated lump sum price; or Method (C) - if neither Method (A) nor Method (B) be agreed upon before the Extra Work is commenced, then the CONTRACTOR shall be paid the "Actual Held Cost" of the work, plus fifteen pe►cent (15%), as full and final compensation for the Extra Work and all costs and expenses, direct or indirect, arising out of or related thereto. In the event said Extra Work or Change Order or Wotk Change Directive work isheAcrt e Field prford and paid for under Method (C), then the provisions of this paragraph s apply andCost is hereby defined as the cost to theONCONTRACTOR lies,trucks,all voentals of machineryrkers, such as nand timekeepers, mechanics and laborers, and materials, rder equipment, for the time actually employed � transon such portation ortation charges ned eces ara oly ncurredt together ther or Wo►k Change Directive work, plus actual all necessary incidental with all power fuel, lubricants, water and similar operating expenses, plus ecurity, ld Age expenses incurred directly on account of ►ateable►opo proportion premiums f such xtra Work, including of ► o1nSPerfo►naOnce and Benefits and other payroll taxes, and p Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation. and all other insurance o as amy befosuch work.law or ordnance, or the Contract Documents, plus all payments to subcontractors The ENGINEER may direct the form in which accounts of The Cost" or l be kept and the records of these accounts shall be made available to the ENGINEER. OWNER may also specify in writing before thr� co ommences, otherwisethod these ►ofaatters oing tshallobe rk and the type and kind of machinery and equipment deteur►ined by the CONTRACTOR. Unless otherwise wagreed upon, percent (100%), rices for the unless of machinery and equipment shall be determined by using one hundredd otherwise specified, of the latest schedule �f Equipment eu►pThe fifteen pense percentd (15%)bot the y the Associated General Contractors of America practicable. "Actual Field Cost" to be paid to the CONTRACTOR, office expense,andall other element of cost profit, overhead general superintendence and field and expense not embraced within the "Acteldoi ;stop accos unt of such Extra Work, in defined save that where the CONTRACTOR'S field office must be maintainedY cost to maintain and operate the same shall be included in the "Actual Field Cost." No claim for Extra Work of any kind will bea�,oCeonsunless ctherordered orywhttenENGINEER appear to►the a written Work Oder. In case any orders or n CONTRACTOR to involve Extra shallWork make whichr ittente requestld to theeive ENGINEER for a written n or an adjustment in the Contract Time hedays of ENGINEER s orders or Work Order authorizing such Extra Work within ten (10) y instructions, otherwise the orders or instons will e btitute or bedconstrued a minor ses. The issuance an agreement or of a Work Orde► by the ENGINEER shallnot conis acknowledgement by the ENGINEER that the eNotktcbut hallwhich sthe merely►Mnsttt autf e a d ecti e Work �►ao►the Extra Wo► k outside the scope o} the Conti a CONTRACTOR to perform the work, and the FCONTRACTOR Cost" thereofhaslproceed provided Winder Method (C) work, and shall keep an accurate account of the "Actual00700 - 27 of 33 07/2006 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Upon completion of the alleged Extra Workthe t�Icat onlland pro►atpestation, otly and ►nhfo►ms ten (10) days submit his claim to the ENGINEERby proper cedecision on provided by the ENGINEER The a NG�N is mutually ►tually agreeshall d r betweenr►t} enpa ties that the CONTRACTOR's claim within ten (10) days. CONTRACTOR'S ENGINEER'S decision on anchanges ess �n the Work or Extrar queons in on to Work,thhe Contract Price and/or the e Work, performance of the Work, any g Contract Time, shall be final and conclusive and binding upon the patties Ifty (30) a theys of ENGINEERte date of shall fail to respond in writingtoShON disputeOoRob�ect to ENGINE's claim within ER'S decision on any claim, submission, or if CONTRACTOR and CONTRACTOR fails to file a Request frMnof dat such of submission to the OWNER,tor provisions of Article 9.0, within sixty (60) days after the such longer period as the parties may agree toin a rng,a her d ONT all such shams held and by forfeit his right to make such claim for Extra Workany the CONTRACTOR shall be deemed waived, forfeited and forevepbbapred.a CONTRACTOR d piAe TOR disputeshall continue to diligently prosecute the Work notwithstanding any pending resolution process between OWNER and CONTRACTOR. 7.04 TIME OF FILING CLAIMS. Except as otherwise provided herein all questions of dispute or adjustment shall be in writeons ordedr o !mstnce tonGoNEER whi h the CONTRACTORin thee ) days desiresafter the ENGINEER has given any directions, desires to take exception. The ENGINEER shall .Itis mutually agreed between the parties that r l exceptions, and render his final decision g the ENGINEER'S decision on all claims or questions in relation to the Work, CONTRACTOR'S performance of the Work, any changes ►��1 sivee Work andr Extra Work, bind ng upon}�t eopart es�►iclne acasei the the Contract Time shall be final and co CONTRACTOR should desire to appeal from the ENG1NEER's of the OWNER andecisionthe CONTRA, the OCTOR t r t0} e R may request a meeting between representatives purposes of appealing the ENGINEER'S decision directly to the OWNER, such meeting to occur within ten (10) days after the date of the lOthe CON RACTORst or shallsuch longer sti 1 be aggp eriod cued afteras aa be agreed to by the parties in writing. meeting with the OWNER and/or his representativeoiod as thee Oparties mOay agree to have ►n wilting, 0to days after the date of the meeting, or such longer p file a Request for Mediation of such claim in accordance with the provisions of Article 9.0. In the event the CONTRACTOR shall fail, for aab►Mason tthe timely CONTRACTOR'sRequest failure to tanely file tion, the OWNER shall be released of any and all liability, a Request for Mediation shall constitute a waiver, forfeit a hall continue to diligently prosefinal bar ot all such claims dCubte y the CONTRACTOR against the OWNER.CONTRACTOR the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. 8.0 DEFAULT 8.01 DEFAULT BY CONTRACTOR. In case the � OnotificationTORrshould the abWNER andon and fail or refuse to resume Work within five (5) days after ► or the ENGINEER, or if the CONTRACTORactls Do�inenpts cmith if the the orders of the CONTRACTOR othe w�se R when such orders are consistent with the Conti defaults on its obligations under the Contract,OWNER aftershall g'vmg fiveve he (5)►ght, days►w►rittenso enot ce of lects and without prejudice to any other ► ights it ► y have, default to CONTRACTOR and any surety, to terminate the Contract or any part thcieof and/o or t33 o 07/2006 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT take over or cause others to take over the Wori °eance and Payment Bondy part thereof, and to s►ep� tethe su et es for on the account of CONTRACTOR. Where Pe these bonds shall be directed to complete the Work in conjunction with the notice of default, and a copy of said notice shall be delivered to the CONTRACTOR. After receiving said notice of default, the CONTRACTOR shall promptly and within no more than b, not three (3) days, remove from the Work any Should►nery, equipment, or CONTRACTOR faiittois tn on the promptly remo�e such intended for incorporation into the Work. machinery, equipment or tools OWNER may remove such machinery, equipment or tools and store same at CONTRACTOR's expense; ►eturn such machinery, equipment or tools to their purported owner; or otherwise dispose of suchdemachinery, for equipment the Wotokl,s as OWNER be sed insees the Any materials, supplies and/or equipment completion of the Work by the OWNEor unfof►such e u ance Bonp►dnent, supplies or another contractor in completion of the Work; it being derstood that the use 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 with the notice for completion hereinabove such notice, then the OWNER may provide elective manners: (a) The OWNER may thereupon employ such force of workers and use such machinery equipment tools, materials and supplies as the OWNER may deem necessary to expeditiously complete the Work and charge the expense of such labor, machinery equipment, tools, materials and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the OWNER out of such monies as may be due or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement or any other agreement between OWNER and CONTRACTOR. In case such expense is less than the sum which would have been payable under this Contract if the same had been completed by the CONTRACTOR, then said CONTRACTOR shall be credited with the difference. In case such expense is greater than the sum which would have been payable under the CONTRACTOR and/or hise a�r surety shall been completed rof pbY such CONTRACTOR, then pay the amount of such excess to the OWNER upon demand; or (b) The OWNER, under sealed proposals, under the times and procedures provided for by law, may let the contract for completion of the Work under substantially the same terms and conditions which are provided in this Contract. In case of any increase in cost to the OWNER under the completion contract as compared to what would have been the cost under this Contract, such increase shall be charged to the CONTRACTOR and the amount of such increase may be deducted by the OWNER out of such monies as may be due or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement or any other agreement between OWNER and CONTRACTOR, or the CONTRACTOR and/or his surety shall promptly pay the amount of such increase to the OWNER upon demand. However, should the cost to complete any such completion contract prove to be less than what have complete wit}� under this Contract, the CONTRACTOR and/orhis surety shall be credited 00700 - 29 of 33 07/2006 case the surety should fail to commence compliance provided for within ten (10) days after the service of for completion of the Work in either of the following CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT in the event of a default by CONTRACTOR, no further payments shall be made to CONTRACTOR under the Contract until the Work is Finally Completed. When the Work shall have been Finally Completed, the CONTRACTOR and his surety shall be so notified. A complete itemized statement of the Contract accounts, certified by the ENGINEER as being correct, shall then be prepared and delivered to the CONTRACTOR and his surety, whereupon the CONTRACTOR and/or his surety shall pay the balance due as reflected by said statement. The OWNER, p►ior to incurring an obligation to make payment hereunder, shall have such statement of completion attested to by the CONTRACTOR and the surety as accurate, and in exchange for payment of the sum stated therein, the OWNER shall be entitled to a full and final release of any claims or demands by the CONTRACTOR or the surety. 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 the►e remains any machinery equipment tools, materials or supplies which are the property of CONTRACTOR on the site of the Work, notice thereof, together with an itemized list of such equipment and materials shall be mailed to the CONTRACTOR and his surety at the respective addresses designated in the Contract, provided, however, that actual written notice given in any manner will satisfy this condition. After mailing or other giving of such notice such property shall be held at the ► isk of the CONTRACTOR and his surety, subject only to the duty of the OWNER to exercise ordinary care to protect such property. After fifteen (15) days from the date of such notice, the OWNER may sell such property, equipment, tools, materials or supplies, and apply the net sum derived from such sale to the credit of the CONTRACTOR and his surety. Such sale may be made at either public or private sale, with or without notice, as the OWNER may elect. The OWNER shall release any machinery, equipment, tools, materials or supplies, which remain on the Work, and belong to persons other than the CONTRACTOR or his surety, to their reputed owners. 8.02 SUPPLEMENTATION OF CONTRACTOR FORCES. If CONTRACTOR at any time shall in OWNER'S sole opinion, fail to furnish skilled workers, suitable materials, supplies or adequate equipment sufficient for the prompt, timely and diligent prosecution of the Work in accordance with OWNER s direction OWNER shall have the right, without prejudice to the exercise of other remedies for the same default and without fully taking over the Work, to supplement CONTRACTOR s foices and to expedite a foi delivery CONTRAC` OR' procure countand by `►employing rnish such workers, materials, tools, supplies or equipment other contractors and suppliers engaged in the same class of work and charge the entire cost thereof to CONTRACTOR, said cost to be deducted from sums due or to become due to CONTRACTOR under the Contract or any other agreement with OWNER or any parent, subsidiary or affiliate of OWNER. 8.03 CUMULATIVE REMEDIES & SPECIFIC PERFORMANCE. All rights and remedies of OWNER, under the terms of the Contract and/o► available at law or in equity, are cumulative In the event CONTRACTOR or any of its subcontractors. vendors or suppliers fails or refuses for any reason to provide timely manufacture, fabrication, delivery, installation, 00700 - 30 of 33 07/2006 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT erection, construction or completion of any supplies, materials, expendables, equipment, machinery, accessories or appurtenances to be furnished hereunder, CONTRACTOR acknowledges and agrees that such items are required, necessary, essentially unique to the Project and the Work and will cause irreparable harm to OWNER and the Project if not furnished in accordance with the Contract, and OWNER shall have the right to obtain a decree of specific performance and mandatory injunctive relief from any Court of competent jurisdiction to ensure the timely furnishing of such items. 8.04 CROSS -DEFAULT. if, for any reason, CONTRACTOR is declared in default and/or terminated by OWNER under any other agreement with OWNER, whether related to the Project or not related to the Project OWNER shall have the right to offset and apply any amounts which might be owed to OWNER by CONTRACTOR under any other such agreements against NER under the Contract, any any earned but ranaCONTRACTORowing inderCONTRACTOR Cont actt orby any0unearned unpa d amount under retainage earned byy the Contract. 8.05 INSOLVENCY. It is recognized that if CONTRACTOR becomes a debtor in voluntary or involuntary bankruptcy proceedings makes a general assignment for the benefit of creditors, or if a receiver is appointed on account of his insolvency, such events could seriously impair or frustrate CONTRACTOR'S performance of the Work Accordingly it is agreed that should CONTRACTOR become a debtor in bankruptcy, either voluntary or involuntary, CONTRACTOR shall notify OWNER in writing within twenty-four (24) hours of the filing with the bankruptcy court Further, it is agreed that upon occurrence of any one or more such events, OWNER shall be entitled to request of CONTRACTOR or its successors, trustees or receivers, adequate assurances of future performance. In the event such adequate assurances are not given to the reasonable satisfaction of OWNER within seventy-two (72) hours of such request, OWNER shall have the right to immediately invoke the remedies of this Section 8 or as provided by law. Pending receipt of such adequate assurances of such future performance, er oanOWNER may proceed reasonable overhead and profit with the Work on a temporary basis and deduct the costs, p from any amounts due or which may become due to CONTRACTOR under the Contract or any other agreement with OWNER. in this regard, OWNER and CONTRACTOR agree that delays in performance could result in more damages to CONTRACTOR than would be sustained if OWNER failed to exercise such remedies. 8.06 CONTINGENT ASSIGNMENT. CONTRACTOR hereby assigns to OWNER, all of CONTRACTOR'S rights under and interest in any and all subcontracts and/or purchase orders entered into by CONTRACTOR put scant to this Agreement, such assignment to become effective upon CONTRACTOR'S default under this Agreement or OWNER's termination of this Contract, and OWNER s acceptance of such assignment. Upon CONTRACTOR'S default or OWNER's termination of this Contract, OWNER may, in the event there is no performance bond for the Contract, or in the event the perfoi mance bond surety fails to complete the Contract, or if OWNER otherwise so elects in its sole discretion, accept such assignment by written notice of such acceptance to CONTRACTOR and subcontractor, and may require subcontractors to perform all of the then unperformed duties and obligations under the subcontract, for the direct benefit of OWNER. In the event OWNER requires such performance by a subcontractor then OWNER shall be obligated to pay such subcontractor any amounts due and owing under the terms of the subcontract/purchase order, at the subcontract prices and rates, and subject to any rights of withholding or offset and other terms and conditions of the subcontract for all work pioperly performed by such subcontractor, to the date of OWNER s acceptance and thereafter. 007OWNER's 07/200fi CITY OF PEARLAND liability in this connection, however, shall not exceed the amount obtained by subtracting all t Price at the time of payments made by CONTRACTOR to subcontractor �►'�ON`I RACTOR the acCONTRACTOR shall CONTRACTOR'S default or OWNER'S termination to take include a provision in its subcontracts that allowss�} assignment and CONTRACTOR s te�minaOtion forR default, these actions, and further provides that in the event the subcontractor agrees to give the OWNER or its agent the right to inspect all books and ecords of subcontractor relating to the Work. sly 8.07 WAIVER OF CONSEQUENTIAL DAM ES.OWONTRAarisingoCT Otf or ree ates to waives any and all claims for consequential damages against this Contract, or any other agreements between CONTRACTOR and for prine�pal inclu offi deinexpensesg, limited to, claims for damages incurred by CONTRACTOR including the compensation of personnel stationed whether er o n losses of Contractor obonditherwn e capacity, business and reputation, and claims for lost profit, E may at sole scretion 8.08 TERMINATION FOR CONVENIENCE. RACTOR terminateOlthis Contract, inswhole o►r in part upon five (5) days written notice to CO if and when OWNER determines that it ►sinterest shallOall tterminatedated Work and take do so Upon receipt of such written notice from OWNER, CONTRACTOR cease reasonable precautions to protect and preserve such work, and shall take all reasonable m asuies after consultation with OWNER to terminate or assign to OWNER all subcontracts, purchase orders or other commitments related to the Work or the Project in on te s andstrt coandori►dance withons pthe ble to OWNER. CONTRACTOR will be paid for all Woik performed ate Contract Documents, based upon the ContractPrice and s< subject percentage anyof reasco►o gable letionbackchardges on the of termination, and less amounts previously paid, attributable to CONTRACTOR s failure to comply Contractny of the provisions �ovisio s of his Co ayment. In no vtentt wilds further subject to the other terms of this regarding CONTRACTOR receive or be entitled to any opportunities, payment anycotheritems of consation sequential al interruption of business or loss of businesspp damages, for overhead or loss of profits on the laipe�eoCsbdcost, dork amages nages/or services or expense,and�munfurnished r materials o► for any intangible, impact or similarly s Contract no circumstances shall the total su►npaid to or provided ed y hebein shallObe CONOTRACTOR's sole and exceed the Contract P► ice. The compensation exclusive remedy arising out of a tei urination for convenience. 8.09 DEFAULT BY OWNER. In case the OWNER shall default on its material obligations undei this Contract, other �han mitsO ro1videdER sin thefailure Contract or ay CONTRACTOR lOaw, as undisputed amount due within the t P addressed by Section 6.13 of this Agreement, and,een shall fail or (15) daysafterwritten notification refuse oficommence by the diligently pursue cure of such default with CONTRACTOR, then the CON FRACTOR may susnd andrall}mat y rats onnthleesi t ol, and may f the Work remove therefrom all machinery tools orated that have not been included in payments to the Cs make estimate ON TORanand have the t been tal amountearned into the Work. And thereupon, the ENGINEER by the CONTRACTOR, which estimate shall include thealue of all pa partially competedrk yWorkpattadfa i• by said CONTRACTOR (at the Contract Prices), 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 ieasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole Work to completion and 0 7ich cannot of 33 nnot 07/2006 GENERAL CONDITIONS OF AGREEMENT CITY OF PEARLAND nce due be utilized. The ENGINEER shall then make m efa�l l previous paymentstement of hby the OWNER and CONTRACTOR by deducting from the above e pis Agreement, and all other sums that may be retained by the OWNER under dof said the isum tos of lthe CONfRACTORhon present the same to the OWNER, and OWNER s payment all or before thirty (30) days after OWNER'S receipt � arising of such ut of or relatedtement, shall tosuch defaudlt by rights, claims or causes of action of CONTRACT OWNER, and shall be CONTRACTOR'S sole andexclusive remedye a default r suchereuderult A disputed or unilateral claim by the Contractor cannot by itself constitu9.0 DISPUTE RESOLUTION WNER Any dispute or pending claim or dispute resolution of itpsrocess between obl gat ons underOthe Contractand CONTRACTOR shall not excuse or relieve CONTRACTOR and CONTRACTOR shall diligently prosecute the any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. All claims, disputes and other matters in question arising out of or relating to, the Contract, or the breach thereof; shall be subject to iediaOtWNER Unln as a ess precedento eedyother otherw�sepute the resolution process as may be selected by agreement between mediation shall be conducted by a third party who will be selected by ag'i OWNER and CONTRACTOR, and Request t Mediation shall be filed with the other party. The parties shall share the mediator's fee and any filing fees equally. If a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the work of a subcontractor or supliermOWNER peoce dinr CON g betwe0R en may such and subcontractor or supplier as a party to any CONTRACTOR hereunder. CONTRACTOR wlaereb ll include the subcontracsubcontracts r suppliarocopsents to urchase orders related to the Work a specific provisiony being joined in mediation between OWNER and CONTRACTOR involving the work of such subcontractor or supplier. This Contract shall be governed by the laws of the State of Texas and shall be considered performable in Brazoria County, Texas, for venue purposes. Further, the OWNER and CONTRACTOR stipulate that venue for anydispute arbitrat arbitrationresolution hearing shall beninoBrazong � r atCounty, ing upon the Conti act other than the conduct of an Texas or, if such choice of venue is prohibited or unenforceable by law, shall be held in the county where the Project is located. CONTRACTOR agrees to pay OWNER all reasonable attorneys' f th s Contract incurrewhetd by d by OWNER in the event OWNER seeks to enforce any provision arbitration or other dispute resolution process WFurther, hethernarbtrati in the Oor o 1 erdispuWNER drte any esolution insinstituted by CONTRACTOR against ONER process, CONTRACTOR agrees to pay all ebattorneys' wh old or inrpeit by OWNER in defending such claim provided OWNER isthe p cvaiing party, in such proceeding. GENERAL CONDITIONS OF AGREEMENT 00700 - 33 of 33 07/2006 C17'Y OF PEARLAND ATTACHMENT NO. 1 TO GENERAL CONDITIONS WORKERS' COMPENSATION INSURANCE COVERAGE GENERAL CONDITIONS OF AGREEMENT A. DEFINITIONS: Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC81, TWCC-82, TWCC-83 or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project for the duration of the Project. Duration of the Project includes the time from the beginning of the Work on the Project until the contractor s/person's work on the Project has been completed and the Project warranty period has expired. Persons providing services on the project includes persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with due contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, motor carriers and owner - operators, (as defined at Section 406.121 of the Texas Labor Code) leasing companies, and employees of any such entity or employees of any entity which furnishes persons to provide services on the project. "Services" include without limitation providing, hauling, or delivering equipment or materials, or providing to a pi oject. labor, transportation, or other servicerelated as food/beveragevices ' ve vendors, ooffices et include activities unrelated to the project such supply deliveries, and delivery of portable toilets. B. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Title 5 Workers' Compensation, Subtitle A Texas Workers' Compensation Act for employees of the contractor providing services on the project, for the duration of the project. C. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the Contract. D. If the coverage period shown on the CONTRACTOR'S current certificate of coverage ends during the duration of the project, the CONTRACTOR must, pilot to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. E. The CONTRACTOR shall obtain intfrom the each subcontractor or other person providing services on a project and provide rk on e , so a certificate of coverage, fi'° Ito that cert certificates onb covereginnang ge si�owingticove�oaget for the OWNER will have on persons providing services on the Project; and 00700 Al (1) 07/2006 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (2) no later than seven days after receipt by the CONTRACTOR and prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The CONTRACTOR shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. il or G. The CONTRACTOR shall notify the OWNER RACTOR knew ob should havemknownp, of any ersonal delivery, within 10 days after the CO 7 services changes that materially affect the provision of coverage of any person providing on the Project. text, rm manner H. The CONTRACTOR shall Workers'Post on each Project site a notice, in Compensation Commission, e informing all persons prescribed by the Texas 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, iegardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512) 440- 3789 to receive information on the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, too: 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 ensat�on r Aat forTitle all of is e n►ployee,S Provad►ing services on e A Texas Workers Comp 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 lot all employees of the person providing services on the project, for the duration of the Project: (1) 07/2006 00700 - A2 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT provide the CONTRACTOR, prior to the end of the coverage period a new certificate of coverage, showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; (4) obtain from each other person with whom it contracts, and provide to the CONTRACTOR: (a) a certificate of coverage, prior to the other person beginning work on the Project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; (6) notify the OWNER in writing by certified mail or personal delivery within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services J. By signing this Contract or providing or causing to be provided a certificate of coverage, the CONTRACTOR is representing to the OWNER o will b all covered employees wofker the CONTRACTOR who will provide services on the 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 cart ier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The CONTRACTOR'S failure to comply with any of these provisions is a breach of contract by the CONTRACTOR, which entitles the OWNER to pursue all rights and remedies available to it under the Contract, at law or in equity, if the CONTRACTOR does not remedy the breach within ten days after receipt of notice of bleach from the OWNER. (3) (5) (7) 00700 - A3 07/2006 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO. 2 TO GENERAL CONDITIONS AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S SWORN RELEASE In consideration of the Final Payment under that certain contract between All Play, Inc. (hereafter "CONTRACTOR') and the City of Pearland (hereafter ` OWNER") for the Project known as Centennial Water Play Park, in Centennial Park (the "Contract") the CONTRACTOR makes the following representations to OWNER, either individually if a proprietorship, or jointly and severally by all general partners if a partnership, or it a corporation, by action of the president and secretary of said corporation, as duly authorized by appropriate action of the stockholders and/or board of directors of said corporation, their signatures hereon constituting a representation under oath by said individuals that they have the authority to execute this Agreement for and on behalf of the said corporation: 1. The undersigned CONTRACTOR represents to OWNER that the Application for Payment for the Final Payment under the Contract, and the final Change Order issued under the Contract if any, whether or not modified, corrected or changed in some way by the ENGINEER the CONTRACTOR or the OWNER, a copy of which are attached hereto and marked Exhibit 'A", are true, correct and accurate and that CONTRACTOR has received payment in full for all other Applications for Payment submitted under the Contract, and that CONTRACTOR has been fully compensated for all labor materials equipment and/or services furnished in connection with the Contract, except for the Final Payment. 2. It is agreed and stipulated by the undersigned CONTRACTOR that upon the receipt of Final Payment in the amount as set out on the attached Application for Payment, the CONTRACTOR by execution of this instrument of release, does therefore, RELEASE and FOREVER DISCHARGE OWNER of and from all manner of debts, claims, demands obligations, suits, liabilities and causes of action of any nature whatsoever, at law or in equity, in contract or in tort now existing or which may hereafter accrue, arising out of or related to the Contract, any Change Orders or Work Orders the Work, or any labor, materials, equipment or services furnished by CONTRACTOR to OWNER. 3. The CONTRACTOR, acting by and through the person or persons whose names are subscribed hereto, does solemnly swear and affirm that all bills and claims have been paid to all materialmen, suppliers, laborers, subcont►actors, or other entities performing services or supplying materials or equipment, and that OWNER shall not be subject to any bills, claims, demands, litigation or suits in connection therewith 4. It is further specifically understood and agreed that this Agreement for Final Payment and Contractor's Sworn Release shall constitute a part of the Contract, and it is also specifically understood and agreed that this Agreement shall not act as a modification, waiver or renunciation by OWNER of any of its rights or remedies as set out in the Contract itself, but this Agreement for Final Payment and Conti actor's Sworn Release shall constitute a supplement thereto for the additional protection of OWNER. 00700 - B 1 07/2006 I CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT SIGNED and EXECUTED this,the_day of ,20_. CONTRACTOR: By: Signature Pint Name: Title: r [If-CONTRACTOR is a proprietorship,owner must sign; if a partnership, each general partner must sign; if a corporation,the following language should be used.] I 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: f By: President AT TEST: Corporate Secretary (Corporate Seal) [This form is for use by either a proprietorship or a partnership. In the event CONTRACTOR is a partnership or a joint proprietorship,additional signature lines should be added for each individual.] I I 07/2006 00700-B2 r CITY OF PEARLAND STATE OF TEXAS COUNTY OF GENERAL CONDITIONS OF AGREEMENT AFFII)AV1T BEFORE ME, the undersigned authority, on this day personally appeared the Fina persPao or persons whose names) are subscribed to the above and foregoing Ag e pent fe nt 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 ue andrepresentations as made therein, and I (we) state that the above and foregoing are CONTRACTOR - Affiant SWORN TO AND SUBSCRIBED TO before me, the day of 20_. Notary Public, State of Texas My Commission Expires: [This form is for use in the event CONTRACTOR is a corporation.] 00700 - B3 07/2006 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT AFFIDAVIT STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned authority, on this day personally appeared the persons who signed and executed the above and foregoing Agreement for Final Payment mid Contractor's Sworn Release whose names are set out above, who each, after being by me duly sworn, on their oaths deposed and said: We each are the persons whose names are subscribed above, and hold respectively the offices in the corporation as set out above, and each state under oath that we have the authority to execute this Agreement for Final Payment and Contractor's Sworn Release for and on behalf of said corporation pursuant to authority granted to us in the Charter of said corporation the By -Laws of said corporation and/or the Minutes of said corporation; and the facts, statements and representations as set out in the instrument to which this Affidavit is attached, are true and correct. SWORN TO AND SUBSCRIBED TO before me this, the day of 20 07/2006 Notary Public, State of Texas My Commission Expires: 00700 - B4 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO. 3 TO GENERAL CONDITIONS OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR 1 Definitions. For purposes of this Agreement: 1.1 Owner Parties. "Owner Parties" means (a) the City of Pearland, its successors and assigns, and the Engineer, (b) any officers. employees, or agents of such persons or entities, and (c) others as ►equired by the Contract Documents if any. 1.2 Contractor. "Contractor" shall mean the vendor providing the service or work to be performed under this Agreement 1.3 Subcontractor. "Subcontractor" shall include subcontractors of any tier. 1.4 ISO. "ISO" means insurance Services Office. 2. Contractor Insurance Representations to Owner Parties 2.1 It is expressly understood and agreed that the insurance coverages required herein: 2.1.1 represent Owner Parties' minimum requirements and are not to be construed to void or limit the Contractor's indemnity obligations as contained in this Agreement nor represent in any manner a determination of the insurance coverages the Contractor should or should not maintain for its own protection; and 2.1.2 are being, or have been, obtained by the Contractor in support of the Contractor's liability and indemnity obligations under this Agreement. Neither the requirements as to insurance to be carried as provided for herein the insolvency, bankruptcy or failure of any insurance company carrying insurance of the Contractor, nor the failure of any insurance company to pay claims accruing, shall be held to affect, negate or waive any of the provisions of this Agreement. 2.2 Failure to obtain and maintain the required insurance shall constitute a material breach of, and default under, this Agreement if the Contractor shall fail to remedy such breach within five (5) business days after notice by the Owner, the Contactor will be liable for any and all costs, liabilities, damages and penalties resulting to the Owner Parties from such breach, unless a written waiver of the specific Insurance requirement(s) is provided to the Contractor by the Owner. In the event of any failure by the Contractor to comply with the provisions of this Agreement, the Owner may, without in any way compromising or waiving any right or remedy at law or in equity, on notice to the Contractor, purchase such insurance, at the Contractor's expense, provided that the Owner shall have no obligation to do so and if the Owner shall do so, the Contractor shall not be relieved of or excused from the obligation to obtain and maintain such insurance amounts and coverages. 3. Conditions Affecting All Insurance Required Herein 3.1 Cost of Insurance. All insurance coverage shall be provided at the Contractor's sole expense. 07/2006 00700 - C i CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 3.2 Status and Rating of insurance Company. All insurance coverage shall be written through insurance companies authorized to do business in the state in which the work is to be performed and rated no less than A-: V11 in the most current edition of A. M. Best's Key Rating Guide. 3.3 Restrictive, Limiting, or Exclusionary Endorsements. All insurance coverage shall be provided to the Owner Parties in compliance with the requirements herein and shall contain no endorsements that restrict, limit, or exclude coverage required herein in any manner without the prior express written approval of the Owner. 3.4 Limits of Liability. The limits of liability may be provided by a single policy of insurance or by a combination of primary and umbrella policies, but in no event shall the total limits of liability available for any one occurrence or accident be less than the amount required herein. 3.5 Notice of Cancellation, Nonrenewal, or Material Reduction in Coverage. All insurance coverage shall contain the following express provision: In the event of cancellation, non -renewal, or material reduction in coverage affecting the certificate holder, thirty (30) days prior written notice shall be given to the certificate holder by certified mail or registered mail, return receipt requested. 3.6 Waiver of Subrogation. The Contractor hereby agrees to waive its rights of recovery from the Ownei Parties with regard to all causes of property and/or liability loss and shall cause a waiver of subrogation endorsement to be provided in favor of the Owner Parties on all insurance coverage carried by the Contractor, whether required herein or not. 3.7 Deductible/Retention. Except as otherwise specified herein, no insurance required herein shall contain a deductible or self -insured retention in excess of $25,000 without prior written approval of the Ownei. All deductibles and/or retentions shall be paid by, assumed by, for the account of, and at the Contractor's sole risk. The Contractor shall not be reimbursed for same. The following insurance shall be maintained in effect with below at all times during the term of this Agreement and 4. Maintenance of Insurance. limits not less than those set forth thereaftei as required 4.1 Commercial General Liability Insurance 4.1.1 Coverage. Such insurance shall cover liability arising out of all locations and operations of the Contractor, including but not limited to liability assumed under this contract (including the tort liability of another assumed in a business contract). Defense shall be provided as an additional benefit and not included within the limit of liability. 4.1.2 Form Commercial General Liability Occurrence form (at least as broad as an unmodified ISO CG 0001 0798 or its equivalent). 00700 - C2 07/2006 CITY OF PEARLAND 4.1.3 Amount of Insurance. Coverage shall be provided with limits of not less than: 4.1.4 Re GENERAL CONDITIONS OF AGREEMENT Each Occurrence Limit General Aggregate Limit ate Limit Product -Completed Operations Aggregate b Personal and Advertising Injury Limit uired Endorsements $1,000,000 $2,000,000 $2,000,000 $1,000,000 a. Additional Insured. Additional insured status shall be provided in favor of the Owner Parties on any of the following: i. ISO form CG 20 10 11 85; or ii. ISO form CG 20 26 11 85; or a combination of iSO forms CG 20 33 10 01 and CG 20 37 10 01; or iv. any form providing equivalent protection to Owner. b. Designated Construction Project(s) Aggregate Limit. The aggregate lirnit shall apply separately to this Agreement through use of an iSO CG 25 03 03 97 endorsement or its equivalent. c. Notice of' Cancellation, Nonrenewal or Material Reduction in Coverage, as required in 3.5, above. d. Personal Injury Liability. The personal injury contractual liability exclusion shall be deleted. e. Primary and Non -Contributing Liability. It is the intent of the parties to this Agreement that all insurance required herein shall be primary to all insurance available to the Owner Parties. The obligations of the Contractor's insurance shall not be affected by any other insurance available to the Owner Parties and shall seek no contribution from the Owner Parties' insurance, whether primary, excess contingent or on any other basis. The Contractor's insurance coverage shall be endorsed to provide such primary and non-contributing liability f. Waiver of Subrogation, as required in 3.6, above. 4.1.5 Continuing Commercial General Liability insurance. The Contractor shall maintain such insurance in identical coverage, form and amount, including required endorsements, for at least one (1) year following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to Owner stating Work completion date. 4.2 Auto Liability Insurance 4.2.1 Coverage. Such insurance shall cover liability arising out of any auto (including owned, hired, and non -owned). 4.2.2 Form. Business Auto form (at least as broad as an unmodified iSO CA 0001 or its equivalent) 00700 - C3 07/2006 CITY OF PEARLAND 4.2.3 Amount of lnsurance. Coverage shall be provided with a limit of not less than $1,000,000. 4.2.4 Re uired Endorsements a. Notice of Cancellation Nonrenewat or Material Reduction in Coverage, as required in 3.5, above. b. Waiver of Subrocation, as required in 3.6, above. than: GENERAL CONDITIONS OF AGREEMENT 4.3 EmpI er's Liability Insurance 4.3.1 Coverage. Employer's Liability insurance shall be provided as follows: 4.3.2 Amount of Insurance. Coverage shall be provided with a limit of not less Employer's Liability: $1,000,000 each accident and each disease. 4.3.3 Reouired Endorsements a. Notice of Cancellation Nonrenewat or Material Reduction in Cov_ erag , as required in 3.5, above. b. Waiver of Subro 7a� tion, as required in 3.6, above. 4.4 Umbrella i iability Insurance 4.4.1 Covera e. Such insurance shall be excess over and be no less broad than all coverages described above and shall include a drop -down provision for exhaustion of underlying limits. 4.4.2 Form. This policy shall have the same inception and expiration dates as the commercial general liability insurance required above. 4.4.3 Amount of Insurance. Coverage shall be provided with a limit of not less than $5,000,000. 4.4.4 f ontinuing Umbrella Liability Insurance. The Contractor shall maintain nts for at such insurance in identical coverage, form and amount, anrofing therWork to perfotned under least one (1) year following Date of SubstantialCompletion this Agreement. The Contractor shall provide written representation to the Owner stating Work completion date. 4.5 Professional Liability Insurance nce for 4.5.1 Covera e. The Contractor shall provide pro ices of any bypey includingsura but claims arising from the negligent performance of professional not limited to design or design/build services as part of the Work to be performed 00700 - C4 07/2006 CITY OF PEARLAND 4.5.2 Form. This insurance shall i all services rendered by the Contractor and by recognized that this coverage may be provided on a GENERAL CONDITIONS OF AGREEMENT nclude prior acts coverage sufficient to cover its consultants under this Agreement. It is Claims -Made basis. 4.5.3 Amount of Insurance. Coverage shall be provided with a limit of not less than $1,000,000. 4.5.4 Con_►n such insurance in identical coverage, Substantial Completion of the Work provide written representation to the 4.6 Builder's Risk 4.6.! Insureds. Insureds shall include: a. Owner, General Contactor and all Loss Payees and Mortgagees as Named Insureds; and b. subcontractors of all tiers in the Work as Additional Insureds. 4.6.2 Covered Property Such insurance shall cover: a. all structure(s) under construction, including retaining walls, paved v d surfaces and roadways, bridges, glass, foundation(s), underground pipes and wiring, excavations grading, backfilling or fill►ng; b. all temporary structu►es (e.g., fencing scaffolding, cribbing, false work, forms, site lighting, temporary utilities and buildings) located at the site* c. all property including materials and supplies on site for installation; d. all property including materials and supplies at other locations but intended for use at the site; e. all property including materials and supplies in transit to the site for installation by all means of transportation other than ocean transit; and f othei Work at the site identified in the Agreement to which this Exhibit is attached. Pr ofessional Liability insurance. The Contractor shall maintain form and amount for at least one (1) yearfollowing e of to be performed under this Agreement. The Contractor shall Owner stating Work completion date. 00700 - C5 07/2006 CITY OF PEARLAND 4.6.3 Form a. Coverage shall be at least as broad as an unmodified ISO Special form, shall be provided on a completed -value basis and shall be primary to any other coverage insurance available to the insured parties, with that other insurance being excess, secondaiy and non- contributing. b. No protective safeguard warranty shall be permitted. c. Required coverage shall further include: Additional expenses due to delay in $ TBD completion of project (where applicable) Included without sublimit ii. Agreed value Damage arising from error, omission or Included without sublimit deficiency in construction methods, design, specifications, workmanship or materials, including collapse iv. Debris removal additional limit ✓ . Earthquake (where applicable) ✓ i. Earthquake sprinkler leakage (where applicable) ✓ ii. Expediting expenses ✓ iii. Flood (where applicable) ix. Freezing x. Mechanical breakdown including hot & cold testing (where applicable) xi. Notice of cancellation non -renewal or material reduction — 60 days prior written notice to each insured xii. Occupancy clause, as required in F, below xiii. Ordinance or law xiv. Pollutant clean-up and removal xv. Preservation of property xvi. Replacement cost xvii. Theft xviii. Waiver of subrogation as required in G, below. t all 4.6.4 Amount of Insurance. Coverage valuelall be provided in an amunt nd cost of debris removal for anylsangle times to the full replacement occurrence. GENERAL CONDITIONS OF AGREEMENT 25% of direct damage loss $ TBD $ TBD $ TBD $ TBD Included without sublimit Included without sublimit included Included Included without sublimit $ TBD Included without sublimit Included Included without sublimit Included 00700 - C6 07/2006 CITY OF PEARLAND 4.6.5 Deductibles. Deductibles shall not exceed the following: GENERAL CONDITIONS OF AGREEMENT a. All Risks of Direct Damage, Per Occurrence, except b. Delayed Opening Waiting Period c. Flood, Per Occurrence d. Earthquake and Earthquake Sprinkler Leakage, Per Occurrence $5,000 5 Days $25,000 or excess of NFIP if in Flood Zone A, BorV $25,000 e 4.6.6 Termination of Coverage. nC h prg ovconstructed sion shall bo endorsed to permit occupancy of the covered property be long as such occupancy does not exceed 20% of the usable area of the ined in effect, unless otherwise property. This insurance shall Docue ments, nents,tantiathe earliest of the following provided for in the Contra dates: a. the date on which all persons and organizations who are insureds under the policy agree that it shall be terminated; b. the date on which final payment as provided for in the Agreement to which this Exhibit is attached, has been made; or c. the date on which the Contractor have ceased. the Covered Property of all insureds other than 4.6.7 Waiver of Subrogation. The waiver of subrogation provision shall be endorsed as follows: a. A waiver of subrogation shall be provided in favor of all insureds. b. The waiver of subrogation provisions shall be endorsed as follows: Should a covered loss be subrogated, either in whole or in part, your rights to any recovery will come first, and we will be entitled to a recovery only after you have been fully compensated for the loss. 5. Intentionally left blank. 6. Evidence of Insurance e 6.1 Provision of Evidence. Evidence �denceeof insuradnceo abd maintained by the Contractor represented by certificates of insurance, e endorsements issued by the insurance company or its legal agent, and mustt be afterfurnished to the this t later Owner prior to commencement off insurancerk , evidence thanf insurance, fifteen l5) and endoi sements shall be Agreement. New certificates provided to the Owner prior to the termination date of the current certificates of insurance, evidence of insurance, and endorsements. 00700 - C7 07/2006 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6.2 Form 6.2.1 All property insurance required herein shall be evidenced by ACORD form 28, "Evidence of Property Insurance". 6.2.2 All liability insurance required herein shall be evidenced by ACORD form 25, "Certificate of Insurance' . 6.3 Specificat►ons. Such certificates of insurance, evidence of insurance, and endorsements shall specify 6.3.1 The Owner as a certificate holder with correct mailing address. 6.3.2 Insured's name, which must match that on this Agreement. number of each 6.3.3 Insurance companies affording each coverage, policy coverage, policy dates of each coverage, all coverages and limits described herein, and signature of authorized representative of insurance company. 6.3.4 Producer of the certificate with correct address and phone number listed. 6.3.5 Additional insured status required herein 6.3.6 Amount of any deductibles and/or retentions. tion 6.3.7 Cancellation, non -renewal he words and erial `endeavortion in to" and coverage but failure to ►nail as required by this Agreement. Additionally, such notice shall impose no obligatioh° cancellation liability of any kind provision oftthe ACORD 25 certificate of pon Company, it agents or representatives" shall be deleted from the 6.3.8 Designated Construction Project Aggregate Limits required herein. insurance form. 6.3.9 Personal Injury contractual liability required herein. 6.3.10 Primary and non-contributing status required herein. 6.3.11 Waivers of subrogation required herein. Required Endorsements. A copy of each of the required endorsements shall also be 6.4 provided. tificate or 6.5 Failure to Obtain. Failure of any Owner ty oorefailuaesuch of any'.Owner Party to ther evidence of full compliance with these insurancerequirements identify a deficiency from evidence that is provided shall not be construed as a waiver of the Contractor's obligation to maintain such insurance. 6.6 Certified Copies. Upon request ol�c es rany Oewn r herein thntrn ctor shall days of any vide to the Owner a certified copy of all insurance p q such request. Renewal policies, if necessary, shall be delivered to the Owner prior to the expiration of the previous policy. on of 6,7 Commencement of Work. Commencement requf ired endorsementsrk without sior withohrt required certificate of insurance, evidence of insurance compliance with any other provision of thishave he right,but ►� not the obligation of proconstitute a waiver fbiting any Owner Party of any rights. The Owner shall the Contractor or any subcontractor from pose nene►ng any ts are received k rntil such and approved►by the Owner.ance, evidence of insurance and/or required end 00700 - C8 07/2006 CITY OF PEARLAND 7. insurance Re wire tents of Contractor's Subcontractors d 7.1 Insurance similar to that required of the Contractor subcontractors) beo prcoovidede y all ns subcontractors (or provided by the Contractor on behalf s performed under any subcontract agreement. The Conr c subhall bet hrseld The ConUl e for►sany modification in these insurance requirements as theyapply g provisions similar to those maintain certificates of insurance rom all that the certificate isfrom s isubcont actor) enume►ating, among listed herein (he waled to recognize other things, the waivers of subrogation, additional insured status, and primary liability as require d herein and make them available to the Owner upon request. 7.2 The Contractor is fully responsible forlossand dage tto its preveptrty on the to or site, including tools and equipment, and shall take necessary precautions vandalism, theft, burglary, pilferage and unexplained disappearance of property. Any insurance covering the Contractor's or its subcontractor's property such Losst be e Contractor's and the extent loss is subcontractor's sole and complete means or recovery any not covered by said insurance or subject to any deductible bcontractors►choose to self insure this risk, be reimbursed for same Should the Contractoror it is expressly agreed that the Contractors hereby waives,vand ofthe shall cause ner its tiessubcontractors to waive, any claim for damage or loss to saidproperty p Y in actors r 8. Use of the Owner's Eguinn►e meta Contractor ,expressgents, wri ten►per�►'ssion`►of therOwner°'s suppliers shall use the Owner's equip only an designated representative and in accordance with the ►Oc ner'stormss sd conditio uupplierstilo izesanyuch `oe the if the Contractor or any of its agents, employees Owner's equipment for any purpose, including of thery Ow�e►S theaCondtrator shall defend, hoists lifts or similar items owned, leased or under the control indemnify and be liable to the Owner Parties for any and all loss or damage which may arise from such use. 9. Release and Waiver. The Contractor releases,causes s af act call usewits s ubconeverwhichr the to release, the Owner Parties from any and Iclaims or n or m Contractor and/or its subcontractors might othewisenow ewhethe►possess requi edshetre nior notoor or in any way connected with any loss coveredby i or which should have been covered by insurance requirtoed bermaintaineding the by the Contracbtor and/or uninsured portion thereof, maintained and/or required its subcontractors pursuant to this Agreement. GENERAL CONDITIONS OF AGREEMENT 00700 - C9 07/2006 CITY OF PEARLAND SPECIAL CONDITIONS OF AGREEMENT Section 00800 SPECIAL CONDITIONS OF AGREEMENT Men 007 Where The tollo wing Special Conditions rnodify the General Conditions, Docu oust the 00. e ed portions aportion i of of the General Conditions is modified or deleted by these Spec the General Conditions shall remain in effect. 4.05 Add the following paragraph to Article 4.05: ed A Maintenance Bond in accordance with Document ,0061d2eofthe Project Manual d ,pthe CONTRACTS requir id for this Project The cost of this bond shall be Proposal. 3-4.6 Attachment No. 3 to General Conditions "Owner s wiranee Requirements following of Contractor". Delete Article 4.6 Builder's Risk, and replace with the 4.6 Builder's Risk 4.6.1 Builder's Risk insurance is not required. END OF SECTION 00800 - 1 of I 07/2006 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION Section 00811 WAGE SCALE FOR ENGINEERING CONSTRUCTION 7 Wage Law on Public Woks (Article 2258 of�the Texas 1.01 In accordance with the Prevailing Government Code), the public body awardigthe contract 7eneral prevailing rateshereby, specify locality '•apes shown in Table 00811-A following to be theg which the work is being performed. 1.0 2 This prevailing wage rate does not prohibit the payment of more than the rates stated. 1.03 The wageg scale for engineering construction s to be applied to all site work greater than five (5) feet fiom an exterior wall of new building under construction or from an exterior wall of an existing building. 00811-1of2 Revised 10/2007 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION Table 00811-A PREVAILING WAGE RATES FOR ENGINEERING CONSTRUCTION CLASSIFICATION BROOM OR SWEEPER OPERATOR • LABORER -COMMON MANHOLE BUILDER (BRICK) BULLDOZER CONCRETE PAVING FLOAT SLIPFORM MACHINE OPERATOR CRANE, CLAMSHELL, BACKI-1OE, DERRICK, DRAM INE, SHOVEL CRUSLILR/SCREENING PLANtI OPERATOR FOUNDATION DRILL OPERATOR, CRAWLER MOUNTED F OUNDATION DRILL OPERATOR TRUCK MOUNTED FRONT END LOADER MILLING MACHINE OPERATOR 10.35 SPREADER BOX OPERATOR 9•08 8.76 TRUCK DRIVER -TANDEM AXLE SEMI MO] OR GRADER (FINE GRADE) MOTOR GRADER (OTHER) ROLLER, STEEL WHEEL PLANT MIX PAVEMENTS ROLLER S PEEL WHEEL OTI-1E12 FLATWI-TEFL OR TAMPING MATIC, SELF PROPELLED ROLLER PNEU REINFORCING STEEL SETTER STRUCTURES TRUCK DRIVER -SINGLE AXLE HEAVY END OF SECTION 8.00 10.43 00811 -2of2 Revised 10/2007 CITY OF PEARLAND WAGE SCALE FOR BUILDING CONSTRUCTION Section 00813 WAGE SCALE FOR BUILDING CONSTRUCTION ticle 2258 of the exa 1.01 In accordance with the Prevailing Wage awarding theueblicontra t does horks rereby specify the raters Government Code), the public body shown in Table 00813-A following to be the general prevailing rates in the locality in which the work is being performed. 1.02 This prevailing wage rate does not prohibit the payment of more than the rates stated. 1.03 The wage scale for building construction is tobeapplied to work on a building including an area within five (5) feet of the exteriorwall. 00813 - 1 of 6 09/2007 CITY OF PEARLAND WAGE SCALE FOR BUILDING CONSTRUCTION Table 00813-A PREVAILING WAGE RATES FOR BUILDING CONSTRUCTION GENERAL DECISION: TX20070055 06/22/2007 TX55 Date: June 22, 2007 General Decision Number: TX20070055 06/22/2007 Superseded General Decision Number: TX20030055 State: Texas Construction Type: Building County: Brazoria County in Texas. BUILDING CONSTRUCTION PROJECTS (does not construction consisting of single family up to and including 4 stories). Publication Date 02/09/2007 02/16/2007 04/27/2007 05/11/2007 05/18/2007 06/22/2007 Modification Number 0 1 2 3 4 5 include residential homes and apartments BOIL0132-001 08/08/2006 East of Oyster Creek only. The Part of Brazoria County lying West of Oyster Creek is within the Jurisdiction of Local 74 Rates Fringes BOILERMAKER East of Oyster Creek only. The Part of Brazoria County lying West of Oyster Creek is within the 23 47 13.67 Jurisdiction of Local. 74....$ CARP0551-002 04/01/2005 Rates Fringes Carpenter (including $ 19.50 Acoustical Ceiling Work) 5.93 00813-2of6 09/2007 CITY OF PEARLAND ELEV0031-001 01/01/2005 WAGE SCALE FOR BUILDING CONSTRUCTION Table 00813-A (cont'd) Rates Fringes .•$ 28.90 12.115+a Elevator Mechanic .............• rate FOOTNOTES: a.- Employer contributes 8% of basic hourlye rate 6 for over 5 years' service and 6% of basic hourly Paid months to 5 years' service as Vacation Pay nCr eit. P idy; Holidays: New Year's Day; Memorial Day; Thanksgiving ay; Labor Day; Thanksgiving Day; Friday -------------- Christmas Day PLAS0681-002 04/01/2005 Rates Fringes Plasterer Galveston County............ $ 20.15 3.20 --------------------------- P LUM0068-005 04/01/2007 Rates Plumbers (Excluding HVAC Pipe)...$ 2570.00 * PLUM0211-003 05/09/2007 P ipefitter including HVAC pipe...$ 25.47 P ipefitters (HVAC Pipe Only) $ 25.47 S FTX0669-001 01/01/2005 S prinkler Fitter, Fire $ 22.62 S HEE0054-009 04/01/2007 Sheet Metal (including HVAC Duct, System Installation) SUTX2005-013 04/28/2005 Fringes 8.69 Rates Fringes 9.66 9.66 Rates Fringes 10.50 Rates Fringes $ 23.13 8.88 Rates Asbestos Abatement Worker $ 14.00 (Ceilings, Floors, & Walls) Bricklayer $ 18.00 $ 12.76 Cement Mason Fringes 0.00 0.00 0.00 00813-3of6 09/2007 CITY OF PEARLAND WAGE SCALE FOR BUILDING CONSTRUCTION Table 00813-A (coned) Rates Drywall Finisher $ 12.21 Drywall Hanger (Including Metal Stud Install) Electrician (Including Pulling Wire and Low Voltage Wiring and Installation of Fire Alarms, Security Systems, Telephone and Computers) Formbuilder/Formsetter Glazier Insulator (Batt and Foam) Ironworker, Reinforcing Ironworker, Structural $ 12.49 $ 17.55 $ 11.66 $ 14.55 $ 11.00 $ 12.02 $ 13.75 Fringes 0.92 1.38 2.91 0.00 2.46 0.00 0.00 0.00 Laborers: $ 10.26 0.00 Common 0.00 $ 10 27 Mason Tender (Brick) $ 9 20.00 Mason Tender (Cement) Pipelayer0 $ 12.00 0.0 Plasterer Tender $ 12.90 02.5100 3.61 Lather $ 16.90 Painter - Brush, Roller & Spray Power Equipment Operator: Asphalt Paver Backhoe Crane Forklift Slab & Wall Saw $ 11.14 0.00 $ 13.50 $ 12.50 $ 19.00 $ 14.53 $ 15.54 Roofer $ 11.38 Tile Finisher $ 11.86 0.53 $ 15.71 1.01 Tile Setter Truck Driver $ 10.75 1.47 0.25 0.00 0.00 0.00 3.83 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. 00813-4of6 09/2007 CITY OF PEARLAND WAGE SCALE FOR BUILDING CONSTRUCTION Table 00813-A (cont'd) • hiscopcofsthelcatins classificatded iionnsfor listedkmaytbenaddeddafterin t hescope award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (11))• In the listing above, the "SU" designation means that rates listed under the identifier ddofinot t rrreflect tes.Ocollechertiignations tively bargained wage and fringe indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: • an existing published wage determination * a survey underlying a wage determination position on * a Wage and Hour Division letter setting forth a p a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was focor nduucted because those Regional Offices have responsibility Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations W age and Hour Division U .S. Department of Labor 200 Constitution Avenue, N.W. W ashington, DC 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: W age and Hour Administrator U .S. Department of Labor N W 200 Constitution Avenue, W ashington, DC 20210 00813-5of6 09/2007 CITY OF PEARLAND WAGE SCALE FOR BUILDING CONSTRUCTION Table 00813-A (cont'd) The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requester considers relevant to the issue. 3.) If the decision of the lAd inistratortis s not fAdminavorable, an interestedvwBoparty may PP Appeals Board). Write to: Review Board (formerly the Wage Administrative Review Board U.S. Department of Labor 200 Constitution 20210v nue, N.W. Washington, DC 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION END OF SECTION 00813-6of6 09/2007 CITY OF P EA RLA ND Section 00901 ADDEMDUM NO. 1 Date: January 17, 2008 ADDENDUM NO. 1 PROJECT: Centennial Water Play Park, in Centennial Park; COP Proj. No. PK0701 BID NO.: 1208-09 BID DATE: January 24, 2008; 2:00p.m. FROM: Jeffrey H. Cohen, P.E. Senior Civil Engineer Ion Design Group, LLC 2800 Henderson Avenue Studio 100 Dallas, TX 75206 To: Prospective Bidders and Interested Parties ' 7 cements and will be incorporated into the Contract Thisaddendum forms a part of the bidding do Documents, as applicable. Insofar as the original Contract Documents, Specifications, and e receipt of this this Addendum shall govern. g p _ Drawings are inconsistent, Please acknowledge 300 submitted to the City of copies of the Bid Proposal form, Section 00 Addendum on both p OF ADDENDA ON THE BID Pearland . FAILURE TO ACKNOWLEDGE RECEIPT PROPOSAL FO12M MAY BE CAUSE FOR DIS 1 UALIFICATION. CONTRACT DOCUMENTS: • &SECTION 00500 Standard Form of A 7ree��nent 1.1 SECTION 00300 Pro osal For Contract Time: inForm" and "Standard Form of Agree�i�ent", ThisRequest for Proposals, both the "Proposal pwithin sixty(60) calendar days (including s the Work to be Substantially Complete require Contract Time commences to run, that is, fromweekend s and holidays) fromthe date when the th e date of the notice to commence work. • significant ant lead times to manufacture certain equipment City of Pearland understands that s�gnific� � d the stipulated The C yp d components may adversely impact, and even exceed, and fabricate playground p 01/2008 00901 - 1 of 2 ADDENDUM NO. 1 CITY OF PEA BLAND to include such lead times as part of the Contr act Time. The City of Peat land does not intend of Substantial time in which the Contractor needs to complete the Work to the point Completion. •Proposal the lead time necessary to procure the Proposers shall indicate in their • • and begin construction. P •round components before they will mobilizeg equipment and playground will be structured around the proposed The notice of award and the nonce to commence work lead time such that the Contractperiod subsequent to the Time will include the 60-day q proposed lead time. 1.2 SECTION 00200 Instructions to Pro osers Insert the following new paragraph immediately after Paragraph 3.1.4): procure equipment and playground 5) Lead time, if any, that the Proposer will needto components. Such lead timewill be excluded from the 60-day period for Substantial Completion. Jeffrey H. Cohen, P.E. Senior Civil Engineer • END OF ADDENDUM NO. 1 00901 - 2 of 2 CITY OF PEARLAND Section 00902 ADDEMDUM NO. 2 Date: January 21, 2008 ADDENDUM NO. 2 Centennial Park; COP Proj. No. PK0701 PROJE CT: Centennial Water Play Park, in BID NO.: 1208-09 BID DATE: January 31, 2008; 2:00p.m. FROM: Jeffrey H. Cohen, P.E. Senior Civil Engineer Ion Design Group, LLC 280 0 Henderson Avenue, Studio 100 Dallas, TX 75206 To: Prospect ive Bidders and Interested Parties and will be incorporated into the Contract This-n forms a part of the bidding documents Specifications, and addendum the original Contract Documents, p Documents, as applicable. insofar as cl Please acknowledge receipt of this Do • 'consistent, this Addendum shall govern.fitted to the City of Drawings are in Proposal form, Section 00300 submitted Addendum on both copies of the Bid P ADDENDA ON THE BID Adden ACKNOWLEDGE RECEIPT OF Pearland. FAILURE TO A LIFICATION. PROPOSAL FORM MAY BE CAUSE FOR DIS 1 UA CONTRACT DOCUMENTS: 2.1 SECTION 00100 Re uest for Pro osals 0-1 and re lace it with the following: Delete the third line of the first paragraph on Page 0010 p 77581 unti2:00 lP .m.,Thursday,JanuarY31,2008,a at which time they will be publicly opened, Jeffrey H. Cohen, P.E. Senior Civil Engineer 01 /2008 END OF ADDENDUM NO. 2 00902 - 1 of 1 CITY OF PEARLAND Section 00903 ADDEMDUM NO. 3 Date: January 24, 2008 ADDENDUM NO. 3 Centennial Park; COP Prof. No. I'K0701 Centennial Water Play Park,in PROJECT: BID NO.: 1208-09 BID DATE: January 31, 2008; 2:00p.m. FROM: Jeffrey H. Cohen, P.E. Senior Civil Engineer Ion Design Group, LLC 2800 Henderson Avenue, Studio 100 Dallas, TX 75206 To: Prospective Bidders and Interested Parties • � ents and will be incorporated into the Contract Thisaddendum forms a part of the bidding dOCllln Specifications, and p Documents, as applicable. Insofar as the original Contract Documents, Please acknowledge receipt of this • � are inconsistent, this Addendum shall govern. to the Cityof Drawings • • Proposal form, Section 00300 submitted Addendum on both copies of the Bid p ACKNOWLEDGE RECEIPT OF ADDENDA ON THE BID Pearland. FAILURE TO PROPOSAL FORM MAY BE CAUSE FOR DIS 1 UALIFICATION. SPECIFICATIONS: 3.1 SECTION 01100 Summar of Work Delete Paragraph its entiretyand replace it with the following Paragraph 1.02.G: , g ph 1.02.G in • an existing water service that will terminate The Contractor shall be required to connect to • g or shall also be G. playground. The Contract elevatedpad constructed for the aquatic piayg will be near the 7 supply. Power supplied to the site required to connect to an existing powerpP Y • • A single circuit is q g 3-wire to a circuit board near the existing pavilion. 120/240V, 1 0, with conductors will be stubbed -Lip to a � dedicated to the water park, and a 1-inch conduit pad, box near the the same as the water supply. 00903 - 1 of 2 01 /2008 ADDENDUM NO. 3 CITY OF PEARLAND 3.2 SECTION 01100 Surnmar of Work immediately after Paragraph 1.02.1: Add the following paragraphimme Y 1500 Paragraph 1.06, is hereby The requirement for a field office, as specified in Section 0 J. waived. 3.3 SECTION 01100 Summar of Work • quantify Note 3 on Exhibit El .02, please consider the following: p To help qua y fenceplaced along the wetland plastic construction to be feet on of temporary orange approximately 160 linear The length PP buffers is approximately 500 linear feet on the south side and the north side. 3.4 SECTION 13080 A uatic Pla 'round E ui •ment & Structures ' Y 2.4.C.2 in its entirety, and replace it with the following Paragraph 2•4.C.2: Delete Paragraph • designed for chemically treated water, 2-way . PVC solenoid valves designed pre -wired to 2. Cast bronze or psi to 125 psi and 20 gpi�n to 90 gpi�n, and nori�nall closed, rated for 20 Y automated control system; Jeffrey H. Cohen, P.E. Senior Civil Engineer 01 /2008 END OF ADDENDUM NO. 3 00903 - 2 of 2 CITY OF PEARLAND Section 00904 ADDEMDUM NO. 4 Date: January 30, 2008 ADDENDUM NO. 4 Centennial Park; COP Proj. No. PI{0701 Centennial Water Play Park, in PROJECT: • BID NO.: 1208-09 BID DATE: January 31, 2008; 2:00p.m. FROM: Jeffrey H. Cohen, P.E. Senior Civil Engineer Ion Design Group, LLC 280 0 Henderson Avenue, Studio 100 Dallas, TX 75206 To: Prospective tive Bidders and Interested Parties •and will be incorporated into the Contract This � forms a part of the bidding documents s Specifications, and addendum the original Contract Documents, p Documents, as applicable. Insofar as o Please acknowledge receipt of this D • 'consistent, this Addendum shall govern.'tied to the City of Drawings are in Proposal form, Section 00300 submitted Addendum on both copies of the Bid p � ADDENDA ON THE BID Adden ACKNOWLEDGE RECEIPT OF Pear•land. FAILURE TO A LIFICATION. PROPOSAL FORM MAY BE CAUSE FOR MS1 UA SPECIFICATIONS: 4.1 SECTION 00200 Instructions to Pro osers rah 4.1.5) inits entirety, and replace it with the following Paragraph 4.1.5): Delete Paragraph must be prepared to submit a • days of Owners request, each Proposerannual income 5) Within two (2) y in of the balance sheet and Financial Statement of Proposer, consisting the submission of Fin the Proposer's last fiscal year end preceding is statement of Proposer for p shall be used to determine a Propose • osal. The Financial Statement of Proposerliabilities. A Proposer's the Prop •defined as current assets less current net working capital, which is Proposer's ability to provide be considered evidence of the P p net working capital shallof � o osed. T11e Proposer's Financial financial managementthe project being proposed. and shall be sufficient fina conspicuously marked as "confidential", St atement shall be clearly and consp y 01 /2008 00904 - 1 of 2 • • • ADDENDUM NO. 4 CITY OF PEARLAND • excepted from the Public Information disclosure deemed and treated as confidential and exc p. such information, if dseq., as i Texas Government Code Section 552.001 et ial requirements of T or proposer, and/or would cause substantial rel eased, would give advantage to a competitor p p competitive harm to Proposer. Jeffrey H. Cohen, P.E. Senior Civil Engineer END OF ADDENDUM NO. 4 00904 - 2 of 2 01 /2008 CITY OF PEARLAND TECHNICAL SPECIFICATIONS DIVISION 1 TE CHNICAL SPECIFICATIONS DIVISION 1 GENERAL REQUIREMENTS 07/2006 • CITY OF PEARLAND Section 01100 SUMMARY OF WORK SUMMARY OF WORK 1.0 GENERAL 1.01 SECTION INCLUDES r this Contract, Owner furnished of the Work to be performed unde Owner A • A summary Contractor's use of Premises, and produc ts and work, Work sequence, Co occupancy. DOCUMENTS 1.02 WORK COVERED BY CONTRACT DCentennial Water Park, in Centennial A. Work of the Contract is for the construction of: Park. • project sponsored by the City of Pearland, This project is a public park improvement P B. Department of Parks & Recreation. siteproposed aquatic playground will be installed. Exhibit E 1.O 1 shows the where the q p . shows the C. rpad site for the aquatic playground, Exhibit E1.02 shows the existing dimensions of 40'x70', 02 preferred orien tation of the aquatic playground with nominal ' the drain discharge. Exhibits C 1.01 and E . and also shows a conceptual design for a part of this specification Section 01 00. are hereby attached to and made that has been elevated and graded by The aquatic playground shall be located on a site grade the D. q p required to prepare the subgrade and finishg others. The Contractor shall be p p orm to the Contractors design and drainage re q requirements, area as necessary to conf and top lace and finish a new concrete surface. • installation of an aquatic playground, Thisproject includes the design, supply and ]s water E. withelements and features, user -activated controls, complete water play el system, and a drainage • pan automatic, programmable operating y distribution system, system. protective coating consisting of either a F. The concrete base slab shall have a p rubber coating (Add • • i(Add Alternate No. 1), or a poured-in-place,ceinentitious lining, Alternate No. 2). • .to an existing water service G. The required Contractor shall be reged to connect that will playground. The pad constructed for the aquatic playg terminate near the elevated connect to an existing power supply. Power be required to pp Contractor shall also qto a circuit board near the existing supplied to the site will be 120/240V, 1 0, 3-wire waterpark, and a l -inch conduit with A single circuit is dedicated to the the water pavilion. g • -u to a 'unction box near the pad, the same as conductors will be stubbed -up J supply. 11/2007 01 100 - 1 of-4 CITY OF PEII RLII ND • • • • • • ...� S...) .j.r t •- S�•^'\ \'. ! •. .,e• • v` •••• ••• • .11 • z. 1 1 /2007 .•• • - wr V• • •^\ as'K r -•a et "•. Z w • tr4 f 4• Y 1 i f e EXISTING PARKING LOT •. SUMMARY OF WORK is Y• .v T:E • ;:•:AlciA =t• 7,t..1 i T.,•.. Lt • • EXISTING PAVILION & FUTURE REM OOM 'WATER PION, PARK • • • _ , . . .1(4.14 +► .,: • i ~ • CI Ant., . ate r, l _ t t; fafi ;tN;t,3 /1-1/4 ��. • :v v w ••v vw w••• •.v•w w. 1 CENTENNIAL WATER PLAY PARK �F�TE.N •,• •,F EXHIBIT E1.01 SITE PLAN -,:. _r_' ....... . _.ia. Ion Design Group _i. • 01100 - 2 o1.4 CITY OF PEARLAND • • • t 1:- Y • ::. - .. i! �, : .....•4 -. t r.- 1 r • r< . ;_tL • � t i .. ' .f ••. i •. (. 4 • lt\ !t t t •♦•••1i•:.1 �• I•• . `• .T r ^1. ..I.- ..•`t— r-tit— t• gat r ; A i4 . • 1'� !• ,1^ : iC.• • \ -' • : • —ar •t • — • . <• :. • 4 • • • � . •: Y • i ._ i ?r• •• • w : • •. . \ "` t •• 1 - "r s t• tt '-- ! :• t.. 1. •:• Z: • • \..:1.. < t • ;•:i•i:% ..;. -•r- E1.4,1t'\ is : \•,.• r•• • —.• i`•'' • .t. �i - 'fl t • • • • • t • •i•t.•. tr't 3-J • 1 • • r rr 1 • •• •:. PROPOSED FATE PLAY, PARK t P. 1 1.•,{ it i.i •<. ••.slrt t Tr THE • t • Nt• f •' •11 � `1 • • 1... •,..•.'ri • i) 3 ..\ :'^:•I �Hr• .•.. 1:11♦..'`1T. �1•` 2 i.\. •.. •'+- ..t •t tr•rt ,i • ai �'�� :.;.j t' i' ;1;r _..•� 1 . 1 C r• ••:• 1 • ',1• • ;:c • �t i- •i:. -. . r.. ... ;. r • 1 L : •t? —` ._ •M F irk i •. ` • \ 1 • :7 t . . • !• tti•fir_••. , -.• .....`, •• . ;h A �-1? 4 11/2007 •- • • 1 • • • < t•'i.-1Ti •:• ►1t• ,it-t rt. .. ,itr • • ••♦ *•`1 f A ••• 1 ?• r.• . ri 1•• ?• • •• H . '\ • a•.. • • • r • • ', -- �: • SUMMARY OF WORK • it rE h• • • ~. • • • • •• -•• • • • • • • • • • •.r"� '-'{1r \••• 4 .-�� f 2_ . 1 • • • J 1 2 .'• t' r ♦ • . • �. • • - • • t • • CENTENNIAL WATER PLAY PARK if tTot t< Wit',• }?'=....: is i•1 C l:t•7• EXHIBIT E1.02 WATER PLAY PARK PLAN r ►4 von Design Group s;Tr -4 s: ammo • • 1 • 1 •. 1, • • . •- • :.y :. • •,,1.1. t.;• .-:1; t• ..r. • •:;:. •• • 0110O-3of•4 SUMMARY OF WORK CITY OF PEARLAND ' • construct a PVC pipe discharge from the drain H. The Contractor shall be required to Contractor the southwest side of the aquatic receptacle to daylight on playground. The• , shall also be requi red to construct a swale from the daylight to the edge of the wetland buffer, as shown on Exhibit El .02. for obtaining any all local, state and federal and 1. The Contractor shall be responsible for the construction and operation of the facility. perm its required The requirement for a field office, as specified in Section 01500 Paragraph 1.06, is J. p hereby waived. 1.04 OWNER --FURNISHED PRODUCTS & WORK contract for work to construct a 4-inch domestic water meterA. The City of Pearland will proposed aquatic elevatedpad that will be constructed for thep p q and service to the playgrou nd. The water service will be installed with a backflow preventer at the meter. The water service will terminate at or near the elevated pad. 1.05 WORK SEQUENCE •to Engineer & Owner for approval as specified A. Contractor to submit project schedule g in Section 01300 — Submittals. Work with the Engineer and Owner as specified in B. Contractor shall coordinate the g Section 01040 - Coordination and Meetings. 1.07 CONTRACTOR'S USE OF PREMISES • access to the site and Contractor's A. Comply with procedures for use of rights -of -way as speci fied in Section 01140 - Contractor's Use of Premises. B. Contractor shall be responsible for all utilities required for construction. 1.08 OWNER OCCUPANCY A. Cooperate with the Owner to i11iniinize conflict, and to facilitate the Owner's operati ons. Coordinate Contractor's activities with Engineer. B. Schedule Work to accommodate this requirement. 2.0 PRODUCTS-NotUsed 3.0 EXECUTION-NotUsed END OF SECTION • O1100-4of4 11 /2007 CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES Section 01140 CONTRACTOR'S USE OF PREMISES 1.0 GENERAL 1.01 SECTION INCLUDES A General use of the Project Site including PI�°psandinside driveways adnd notto e limits of construction, work affecting roads, ramps, streets adjacent occupants. B References to Technical Specifications: 1. Section 01350 — Submittals 2. Section 01730 — Cutting & Patching 3. Section 01555 — Traffic Control & Regulation 4. Section 01562 — Waste Material Disposal 5. Section 02980 — Pavement Repair 6. Section 02770 — Curbs, Curb & Gutter & Headers 7. Section 02255 — Bedding, Backfill, & Embankment Materials 8. Section 02922 — Sodding 9. Section 02921 — Hydromulch Seeding 1.02 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 1.03 LIMITS OF CONSTRUCTION A Confine access, operations, and storage in Sectionits of 00700nstGeneral Condrtionson as shown on the of Plans provided by Owner as stipulated Agreement; trespassing on abutting lands or other lands in the area is not allowed. se of vate g Contractor may make arrangements, at Contractor's � urety shalpindemst, for temorary in indemnify andthold properties, in which case Contractor and Contractor's harmless the Owner against claims or demands arising from such use of properties outside of the limits of construction. he C Restrict total length which materials 000may linebr feetdistributed lesa otherwise approvedtby construction at any one time to , Engineer. 1.04 PROPERTIES OUTSIDE OF LIMITS OF CONSTRUCTION A Altering the condition of properties ab ent to and the Engineer ong andhe proimits of perty owne �s�cnstruction will not be permitted unless authorizedy 01140 - 1 of-4 07/2006 CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES B Means, methods, techniques, sequences, or procedures which will result in damage to properties or improvements in the vicinity outside of the limits of construction will not be permitted. C Any damage to properties outside of the limits of construction shall be repaired or replaced to the satisfaction of the Engineer and at no cost to the Owner. 1.05 USE OF SITE A Obtain approvals of governing authorities prior to impeding or closing public roads or streets. Do not close consecutive intersections simultaneously. B Notify Engineer 48 hours prior to closing a street or a street crossing. Permits for street closures are required in advance and are the responsibility of the Contractor. C Maintain access for emergency vehicles including access to fire hydrants. D Avoid obstructing drainage ditches or inlets; when obstruction is unavoidable due to requirements of the Work, provide 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 Project Site. Repair or replace damaged systems to condition equal to or better than that existing at start of the Work. F When required by the Work, cutting, patching, and fitting of Work to existing facilities, accommodating installation or connection of Work with existing facilities, or uncovering Work for access, inspection, or testing shall be performed in accordance with Section 01730 — Cutting & Patching. G Fires are not permitted on the Project Site. 1.06 NOTIFICATION TO ADJACENT OCCUPANTS A Notify individual occupants in areas to be affected by the Work of the proposed consti uction and time schedule. Notification shall be 24 hours, 72 hours and 2 weeks prior to work being performed within 200 feet of the homes or businesses. B Include in notification names and telephone numbers of two representatives for resident contact who will be available on 24-hour call. include precautions which will be taken to protect pt ivate 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. 07/2006 01140-2of4 CITY OF PEARLAND 1.07 EXCAVATION IN STREETS AND DRIVEWAYS on a et r any A Avoid hindering or needlessly inconveniencing o enihanetwo blocks►c attany lone time1eexcoept by intersecting alley or street permission of the Engineer. he Work requires of an g Obtain the Engineer's approval whentthe Contractor's respon closing ty entire street. Permits required for street closure are Avoid unnecessary inconvenience to abutting property owners. C Remove surplus materials and debris and open 1000 feet or Tess for public use as work in that block is complete. p 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. l in one nuous F Provide temporary crossing or complete olf obstruction when e and avat o►ln is required►across operation to minimize the duration drives or entrances. G Provide barricades and signs in accordance with Section 01555 — Traffic Control & Regulation. CONTRACTOR'S USE OF PREMISES 1.08 CLEAN-UP A Maintain Project Site in a neat and orderly manner. g Perform daily clean-up in and around construction zone of dirt, debris, scrap materials, other disposable items. C Leave streets, driveways, and sidewalks broom -clean or its equivalent at the end of each work day. p Promptly remove barriers, signs, and components of other control systems that are no longer being utilized. E Dispose of waste and excess materials in accordance with requirements of Section 01562 — Waste Material Disposal. 1.09 RESTORATION A Restore damaged permanent facilities to pre -construction conditions unless replacement or abandonment of facilities is indicated on the Plans. g Repair/Replace removed or damaged pavement in naccordance d he de Ss in an oection 2980 — Pavement Repair and removed or damaged curbs gutters e with Section 02770 — Curbs, Curb & Gutter, & Headers. Repair/Replace with like 01140-3 ot'4 07/2006 CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES materials to match existing style, lines, grades, etc., unless otherwise directed by Engineer. C Repair turf areas which become damaged by Contractor's operations at no additional cost to Owner. 1. Level with bank sand or topsoil, conforming to Section 02255 — Bedding, Backfill, & Embankment Materials as approved by the Engineer. 2. Provide sodding in areas of residential land use over the surface of ground disturbed during construction and not paved, or not designated to be paved, in accordance with Section 02922 — Sodding. Use only block sodding; do not use spot sodding or sprigging 3. Provide hydromulch seeding in areas of commercial industrial or undeveloped land use over the surface of ground disturbed during construction and not paved, or not designated to be paved in accordance with Section 02921 — Hydromulch Seeding. 4. Water and level newly sodded areas with adjoining turf using steel wheel rollers appropriate for sodding. 2.0 PRODUCTS -NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 07/2006 01140-4of4 CITY OF PEARLAND MEASUREMENT AND PAYMENT PROCEDURES Section 01200 MEASUREMENT AND PAYMENT PROCEDURES 1.0 GENERAL 1.01 SECTION INCLUDES A Procedures for measurement and payment of Work. g Conditions for nonconformance assessment and nonpayment for rejected products. C References to Technical Specifications: See Bid Proposal Sheet p Reference Standards: 1, Concrete Reinforcing Steel Institute (CRSI) 2. American Institute of Steel Construction (AISC) 1.02 AUTHORITY A Units and methods delineated in this Section are intended to complement the criteria of the Technical Specifications and Section 00300 — Bid Proposal. g 1n the event of conflict, the unit specified for Bid Items in Section 00300 — Bid Proposal shall govern. C Measurements and quantities submitted by the Contractor will be verified by the Engineer. p Contractor shall provide necessary equipment, workers, and survey personnel as required by Engineer to verify quantities. 1.03 UNIT QUANTITIES SPECIFIED A Quantity and measul ement estimates stated in Section 00300 — Bid Proposal are for contract purposes only. Quantities and measurements determine supplied ntt asplacestatded in in Sectio the Work, authorized and verified by Engineershall 00700 — General Conditions of Agreement. antities g If the actual Work requires greater orlesser quantits than those u red qr ant tiesr�at the unitdp rcea in Section 00300 — Bid Proposal, provide t e req contracted except as otherwise stated in Section 00700 — General Conditions of Agreement or in executed Change Order. 1.04 MEASUREMENT OF QUANTITIES d steel A Measurement by Weight: ReinforcinA1SCg IM�m�al of Steeld or eConstru�tion weights metal shapes will be measured by CRSI ot Welded assemblies will be measured by CRSI or AISC Manual of Steel Construction or scale weights. 01200 - 1 of 3 BOILER PLATE: .TUNE 2006 CITY OF PEARLAND MEASUREMENT AND PAYMENT PROCEDURES B Measurement by Volume. 1. Stockpiles: Measured by cubic dimension using mean length, width, and height or thickness. 2. Excavation and Embankment Materials: Measured by cubic dimension using the average end area method. C Measurement by Area: Measured by square dimension using mean length and width or radius. D Linear Measurement: Measured by linear dimension, at the item centerline or mean chord. E Stipulated Price Measurement: By unit designated in the agreement. F Other: Items measured by weight, volume, area, or lineal means or combination, as appropriate, as a completed item or unit of the Work. 1.05 PAYMENT A Payment includes full compensation for all required supervision, labor, products, tools, equipment, plant, transportation, services and incidentals; and erection, application or installation of an item of the Work; and Contractor's overhead and profit. The price bid shall include the total cost for required Work. Claims for payment as Unit Price Work not specifically covered in Section 00300 — Bid Proposal will not be accepted. B Progress Payments for Unit Price Work will be based on the Engineer's observations and evaluations of quantities incorporated in the Work multiplied by the unit price. C Progress Payments for Lump Sum Work will be based on the Engineer's observations and evaluations of the percentage of quantities included in the schedule of values incorporated in the Work. D Final Payment for Work governed by unit prices will be made on the basis of the actual measurements and quantities determined by Engineer multiplied by the unit price for Work which is incorporated in or made necessary by the Work. 1.06 NONCONFORMANCE ASSESSMENT A Remove and replace the Work, or portions of the Work, not conforming to the Contract Documents. B lf, in the opinion of the Engineer, it is not practical to remove and replace the Work, the Engineer will direct one of the following remedies: 1. The nonconforming Work will remain as is but the unit price will be adjusted to a Lowe► price at the discretion of the Engineer. 2. The nonconforming Work will be modified as authorized by the Engineer, and the unit price will be adjusted to a lower price at the discretion of the Engineer, if the modified Work is deemed to be less suitable than originally specified. BOILER PLATE: JUNE 2006 01200-2of3 CITY OF PEARLAND MEASUREMENT AND PAYMENT PROCEDURES C Individual Technical Specifications may modify these options or may identify a specific formula or percentage price reduction p The authority of the Engineer to assess the nonconforming Work and identify payment adjustment is final. 1.07 NONPAYMENT FOR REJECTED PRODUCTS A Payment will not be made for any of the following: 1. Products wasted or disposed of in a manner that is not acceptable to Engineer. 2. Products determined as nonconforming before or after placement. 3. Products not completely unloaded from transporting vehicle. ines and levels of the required ork. 4. Products pr mai ingbeond the on handlafter completion of the Work, unless specified 5. Products remaining otherwise 6. Loading, hauling, and disposing of rejected products. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - Not Used END OF SECTION 01200-3of3 BOILER PLATE: RINE 2006 CITY OF PEARLAND CHANGE ORDER PROCEDURES Section 01290 CHANGE ORDER PROCEDURES 1.0 GENERAL 1.01 SECTION INCLUDES A Procedures for processing Change Orders, including: 1. Assignment of a responsible individual for approval and communication of changes in the Work; 2. Documentation of change in Contract Price and Contract Time; 3. Change procedures, using proposals and construction contract modifications, Work Change Directive, Stipulated Price Change Order, Unit Price Change Order, Time and Materials Change Order; 4. Execution of Change Orders* 5. Correlation of Contractor Submittals. B References to Technical Specifications: 1. Section 01350 — Submittals 2. Section 01760 — Project Record Documents C Other References* 1. Rental Rate Blue Book for Construction Equipment (Data Quest Blue Book). Rental Rate is defined as the full unadjusted base rental rate for the appropriate item of construction equipment. 1.02 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 1.03 RESPONSIBLE INDIVIDUAL A Contractor shall provide a letter indicating the name and address of the individual authorized to execute change documents, and who shall also be responsible for informing others in Contractor's employ and Subcontractors of changes to the Work. The information shall be provided at the Preconstruction Conference. 1.04 DOCUMENTATION OF CHANGE IN CONTRACT PRICE AND CONTRACT TIME A Provide full information required for identification and evaluation of proposed changes, and to substantiate costs of proposed changes in the Work. B Contractor shall document each Proposal for Change in cost or time with sufficient data to allow for its evaluation 07/2006 01290- 1 of4 CITY OF PEARL AND C Proposal for Change shall include, as a minimum, the following information as applicable: 1. Original Quantities of items in Section 00300 — Bid Proposal with additions, reductions deletions, and substitutions 2. When Work items were not included cdin tor the ction 00300 — new items, withdSuPPo Ling Contractor shall provide unitprices information as required by the Engineer 3. Justification for any change in Contract Time. 4. Additional data upon request. p For changes in the Work performed on a time -and -material basis, the following additional information may be required: 1. Quantities and description of products and equipment. 2. Taxes, insurance and bonds. 3. Overhead and profit as noted in Section 00700 — General Conditions of Agreement, 7.03 ` Extra Work". 4. Dates and times work was performed, and by whom. 5. Time records and certified copies of applicable payrolls. 6. invoices and receipts for products, rented equipment, and subcontracts, similarly documented E Rented equipment will be paid to the Contractor by actual invoice cost for the duration of time required to complete the there wOC�ent would otherwise be othe extra work prthessaely a the portion of the ► ental invoice where q P Contractor shall compute the hourly eqr ►and onement aweteek equals 40the ho�r st)aOperarng invoice by 176. (One day equals 8 ho ucosts 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. ne extra ift per Use 150 percent of the double of the Rental Rate fo more► shifts oantwo shifts day) and 200 percentper 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 1.05 CHANGE PROCEDURES A Changes to Contract Price or Contract►� c� ve or written acceptance e can only be made by issuance of a Change by the Engineer of Order. Issuance of a Work Changepe in changes will be formalized into Change Section►s. 00700t1 Sr►Gen rch aanges h Conditions of accordance with the requirements of Agreement, 7.01 "Change Orders". CHANGE ORDER PROCEDURES 01290-2of4 07/2006 CITY OF PEARLAND CHANGE ORDER PROCEDURES B The Engineer will advise Contractor of Minor Changes in the Work not involving an adjustment to Contract Price or Contract Time as authorized by Section 00700 — General Conditions of Agreement, 7.02 "Minor Changes", by issuing supplemental instructions. C Contractor may request clarification of Plans, Technical Specifications or Contract Documents or other information. Response by the Engineer to a Request for Information does not authorize the Contractor to perform tasks outside the scope of the Work. All changes must be authorized as described in this Section. 1.06 PROPOSALS FOR CHANGE AND CONTRACT MODIFICATION A The Engineer may issue a Request for Proposal, which includes a detailed description of a proposed change with supplementary or revised Plans and Technical Specifications. The Engineer may also request a proposal in the response to a Request for Information. Contractor will prepare and submit its Proposal for Change within 7 days or as specified in the request. B The Contractor may propose an unsolicited change by submitting a Proposal for Change to the Engineer describing the proposed change and its full effect on the Work with a statement describing the reason for the change and the effect on the Contract Price and Contract Time including full documentation. 1.07 WORK CHANGE DIRECTIVE A Engineer may issue a signed Work Change Directive instructing the Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. B 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 A Stipulated Price Change Order will be based on an accepted Proposal for Change including the Contractor's lump sum price quotation. 1.09 UNIT PRICE CHANGE ORDER A Where Unit Prices for the affected items of the Work are included in Section 00300 - Bid Proposal , the Unit Price Change Order will be based on unit prices as originally bid, subject to provisions of Section 00700 — General Conditions of Agreement. B Where unit prices of the Work are not pre -determined in Section 00300 — Bid Proposal, Work Change Directive or accepted Pioposal tor Change will specify the unit prices to be used. 01290 - 3 ail 07/2006 CHANGE ORDER PROCEDURES CITY OF PEARLAND 1.10 TIME -AND -MATERIAL CHANGE ORDER A Contractor shall provide an itemized account and supporting data after completion of change, within time limits indicated for claims in Section 00700 —General Conditions of Agreement. g Engineer will determine the change allowable in Contract Price and Contract 7 ime as provided in Section 00700 — General Conditions of Agreement. al s as C Contractor shall maintain detailed records work of Change done on inaContract' Price sand specified in this Section, 1.04 Documentation Contract Time' . p Contractor shall provide full information required for evaluation of changes, and shall substantiate costs for changes in the W EXECUTION OF CHANGE DOCUMENTATION A Engineer will issue Change Orders, Work Change Directives, or accepted Proposals for Change for signatures of parties named in Section 00500 — Standard Form of Agreement. 1.12 CORRELATION OF CONTRACTOR SUBMITTALS ule A For Stipulated Price Contracts, Contractor ct°ecordlpromptly revise each authorized Chandge O derof aasea and Application for Payment form separate line item and adjust the Contract Price. g For Unit Price Contracts, the next monthly Application for Payment of the Work after acceptance of a Change Order will be revised to include any new items not previously included and the appropriate unit rates. flect any ange in ntract C Contractor shall promptly revise progress schedules rieor otheritems of wohk affected by the Time, and shall revise schedulesadjust change, and resubmit for review opies of he p Contractor shall promptly enter changes ct Documents rte asrequired nd in Section 01760 Plans, Technical Specifications or Con Project Record Documents. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - NotUsed END OF SECTION 01290-4of4 07/2006 CITY OF PEARLAND COORDINATION AND MEETINGS Section 01310 COORDINATION AND MEETINGS 1.0 GENERAL 1.01 SECTION INCLUDES A Section includes general coordination including Preconstruction Conference, Site Mobilization Conference, and Progress Meetings. B References to Technical Specifications: 1. Section 01100 — Summary of Work 1.02 RELATED DOCUMENTS A Coordination is required throughout the documents. Refer to all of the Contract Documents and coordinate as necessary. 1.03 ENGINEER AND REPRESENTATIVES A The Engineer may act directly or through designated representatives as defined in Section 00700 — General Conditions of Agreement, 1.01 "Owner, Contractor, and Engineer", and as identified by name at the Preconstruction Conference. 1.04 CONTRACTOR COORDINATION A Coordinate scheduling, submittals, and work of the various Technical Specifications to assure efficient and orderly sequence of installation of interdependent construction elements. B Coordinate completion and clean up of the Work for Substantial Completion and for portions of the Work designated for Owner's partial occupancy. C Coordinate access to Project Site for correction of nonconforming work to minimize disruption of Owner's activities where Owner is in partial occupancy. 1.05 PRECONSTRUCTION CONFERENCE A Engineer will schedule a Preconstruction Conference. B Attendance Required: Engineer's representatives, Consultants, Contractor, and major Subcontractors. 07/2006 C Agenda: 1. Distribution of Contract Documents. 2. Designation of personnel representing the parties to the Contract, and the Consultant. 3. Review of insurance. 01310-1of3 CITY OF PEARLAND 4. Discussion of formats proposed by the Contractor for Schedule of Values, and Construction Schedule. 5. Discussion of required Submittals, including, but not limited to, Work Plans, Traffic Control Plans, Safety Programs, Construction Photographs. 6. Procedures and processing of Shop Drawings and other submittals, substitutions, Applications for Payment, Requests for information, Request for Proposal, Change Orders, and Contract Closeout. 7. Scheduling of the Wo►k and coordination with other contractors. 8. Review of Subcontractors. 9. Appropriate agenda items listed in this Section, 1.06 "Site Mobilization Conference", when Preconstruction Conference and Site Mobilization Conference are combined. 10. Procedures for testing. 11. Procedures for maintaining Project Record Documents. 12. Designation of the individual authorized to execute change documents and their responsibilities. 13. •Discussion of requirements of a Trench Safety Program. 1.06 SITE MOBILIZATION CONFERENCE A When required by Section 01100 — Summary of Work, Engineer will schedule a Site Mobilization Conference at the Project Site prior to Contractor occupancy. g Attendance Required: Engineer representatives, Consultants, Contractor's Superintendent, and major Subcontractors. COORDINATION AND MEETINGS 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 nated y e A Progress Meetings shall be held at Project Site or heldintervals, other alslocation more fr equegt ntervbalsl if Engineer Meeting shall beat monthly directed by Engineer. g 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. p Engineer or his representative will prepare the agenda and preside at meetings. 01310-2of3 07/2006 CITY OF PEARLAND COORDINATION AND MEETINGS E Contractor shall provide required information and be prepared to discuss each agenda item. F Agenda: 1. Review minutes of previous meeting. 2. Review of Construction Schedule, Applications for Payment, payroll and compliance submittals. 3. Field observations, problems, and decisions. 4. Identification of problems which impede planned progress. 5. Review of Submittal Schedule and status of submittals. 6. Review status of Requests for Information, Requests for Proposal. 7 Review status of Change Orders. 8 Review of off -site fabrication and delivery schedules. 9 Maintenance of updates to Construction Schedule. 10. Corrective measures to regain projected schedules. 11. Planned progress during succeeding work period. 12. Coordination of projected progress 13. Maintenance of quality and work standards. 14. Effect of proposed changes on Construction Schedule and coordination. 15. Other items relating to the Work. 2.0 PRODUCTS -NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 07/2006 01310-3of3 CITY OF PEARLAND Section 01350 SUBMITTALS SUBMITTALS 1.0 GENERAL This Section contains general lists of Submittals and Technical Spe ificaiat►0ns tthate may e required for the Work. When Submittals are required Specifications refer to this Section for Submittal requirements and procedures. 1.01 SECTION INCLUDES A Submittal procedures for: 1. Schedule of Values 2. Construction Schedules 3. Shop Drawings, Product Data, and Samples 4. Operations and Maintenance Data 5. Manufacturer's Certificates 6. Construction Photographs 7. Project Record Documents 8. Design Mixes B References to the following Technical Specifications: 1. Section 01310 — Coordination & Meetings 2. Section 01630 — Product Options & Substitutions 3. Section 01100 — Summary of Work 4. Section 01380 — Construction Photographs 5. Section 01760 — Project Record Documents 6. Section 02530 — Gravity Sanitary Sewers 1.02 SUBMITTAL PROCEDURES A Scheduling and Handling 1. Schedule Submittals well in advance delivery of the `ed for of material material or equipment nafter construction. Allow time to m Submittal is approved ew, 2. Develop a Submittal Schedule pa, ► evt allows iew of allsufficient s ►bmittals. The Enginee►•►w Il correction, resubmission and f review and return submittals to the Contractor as expeditiously as possible but ty the amount of time required for ►evilewn no will lcase vary w 11 adepending Submittal Schedule ibe and quantity of data submitted. acceptable which allows Tess than 30 days for initial review by the Engineer This time for review shall in no way be justification for delays or additional compensation to the Contractor. e Technical 3. The Engineer's review i ensof �onstals covers whi h affect the►ity tolayout thTheaContractor is ns, Specifications, an responsible for quantity determination. The Contractor is responsible for any errors, omissions or deviations from the Contract requirements; review of 01350-1of6 07/2006 CITY OF PEARLAND SUBMITTALS submittals in no way relieves the Contractor from his obligation to furnish required items according to the Plans and Technical Specifications. 4. Submit 5 copies of documents unless otherwise specified in this Section or by individual Technical Specifications. 5. Revise and resubmit submittals as required. Identify all changes made since previous submittal. 6. The Contractor shall assume the risk for material or equipment which is fabricated or delivered prior to approval. No material or equipment shall be incorporated into the Work or included in Applications for Payment until approval has been obtained in the specified manner. 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. Re - Submittals shall use the original number with an alphabetic suffix (i.e., 2A for first Re -Submittal of Submittal 2 or 15C for third Re -Submittal of Submittal 15) Each submittal shall only contain one type of work, material, or equipment. Mixed submittals will not be accepted. 3. Identify variations from requirements of Contract Documents and identify p►oduct or system limitations. 4. For submittal numbering of video tapes, see this Section, 1.10 "Video". C Contractor's Certification 1. Each submittal shall contain a statement or stamp signed by the Contractor, certifying that the items have been reviewed in detail and are correct and in accordance with Contract Documents, except as noted by any requested variance. 1.03 SCHEDULE OF VALUES A Submit a Schedule of Values at least 10 days prior to the first Application for Payment. A Schedule of Values shall be provided for each of the items indicated as Lump Sum (LS) in Section 00300 — Bid Proposal for which the Contractor requests to receive Progress Payments. B Schedule of Values shall be typewritten on 8-1/2" x 1 1", plain bond, white paper. Use the Table of Contents of this Project Manual as a format for listing costs of Work by Section C Round off figures for each listed item to the nearest $100.00 except for the value of one item if necessary. to make the total price for all items listed in the Schedule of Values equal to the applicable Lump Sum in Section 00300 — Bid Proposal. D For Unit Price Contracts, items should include a proportional shaie 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 Contacts, Mobilization Bonds, and Insurance may be listed as separate items in the Schedule of Values. 07/2006 01350-2616 CITY OF PEARLAND and E For Lump Sum equipment items, where Submittals for Testing Data asting, ed, Balancing Reports in conjunction with Ope►at►o include a separate item for equipment Operation and Maent intenance Adjustingne Data aSubmittals aand ng a separate item for Submittals °q►of the Lump Sum. Reports, each valued at five (5) percent contract Revise the Schedule of Values andChangeb► ►t for ites affcteDirectivesn Submi t red isbed S h dole modifications, Change Orders, and Work Application for Payment after the changes are of Values 10 days prior to the first approved by the Engineer. 1.04 CONSTRUCTION SCHEDULES f Submit Construction Schedules for the W°�►� Submittal shall bn eat a minimum, with the ►rements a bar chart, this Section. The Construction Schedule Su (computer generated or prepared manually) and a narrative report. and g During the Preconstruction Meeting, as anoted sa n►n Section 01310 le of the format to berth► ed►for the Meetings, the Contractor shall provide p Construction Schedule Submittal. vheded within 7t is `days of the Submittal of the sample. bject to approval by the Engineer. Review of the Submittal will be pro C Within 7 days of the receipt of approval r° th e Contractor shall submit rmat, or 4a proposed ays of the Notice to Proceed, whichever is la Construction Schedule for review. The Construction Schedule Submittal shall meet the following requirements: 1. The Construction Schedule shall usually include a total of at least 20 but not more than 50 activities. Fewer activities may be accepted if approved by the 2. For Projects with work at different physical locations each location should Engineer. be indicated separately within the Construction Schedule. 3. For projects with multiple rafts or indicated significant separately t►withinathe Construcomponction these elements should be 4. For Projects with multiple types of tasks within the scope, these types of work Schedule. should be indicated separately within the Construction Schedule. over 25 5. For Projects with significant ►n�c°i equipment items or ce the Construction S hedule shalworth indicate percent of the Total Contract dates when these items are to be purchased, when they are to be delivered, and when installed. 6. For Projects where operating plants are operationlshall be identified in the each period of work which will require the shut down of any process or Construction Schedule and must be agreed to by the Engineer prior to starting work in the area. 7. A Billing Schedule (tabulation O thoVeetContract monthly i' with billings) le►fis t Construction Work shall be prepared and submittedby Schedule. This information is not required in the monthly updates unless significant changes in Work require re -submittal of the Construction Schedule for review. The total for each month and a cumulative total will be indicated. 01350-3of6 SUBMITTALS F A 07/2006 CITY OF PEARLAND SUBMITTALS These monthly forecasts are only for planning purposes of the Engineer. Monthly payments for actual work completed will be made by the Engineer in accordance with Section 00700 - General Conditions of Agreement. D The Contractor must receive approval of the Engineer for the Construction Schedule and Billing Schedule prior to the first monthly Application for Payment No payment will be made until these are accepted. E Upon written request from the Engineer, the Contractor shall revise and submit for approval all or any part of the Construction Schedule to reflect changed conditions in the Work or deviations made from the original plan and schedule. F The Contractor's Construction Schedule shall thereafter be updated with the Actual Start and Actual Finish Dates, Percent Complete, and Remaining Duration of each Activity and submitted monthly. The date to be used in updating the monthly Construction Schedule shall be the same Date as is used in the monthly Application for Payment. This monthly update of the Construction Schedule shall be required before the monthly Application for Payment will be processed for payment. G The narrative Construction Schedule Report shall include a description of changes made to the Construction Schedule; Activities Added to the Construction Schedule; Activities Deleted from the Construction Schedule; any other changes made to the Construction Schedule other than the addition of Actual Start Dates and Actual Finish Dates and Remaining Durations. 1.0.5 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES A Shop Drawings 1. Submit Shop Drawings for review as required by the Technical Specifications. 2. Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures" shall be placed on each Shop Drawing. 3. The Shop Drawing shall accurately and distinctly present the following: a. Field and erection dimensions clearly identified as such. b. Arrangement and section views. c. Relation to adjacent materials or structure including complete 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 Shop Drawings of equipment components and accessories showing their respective positions and relationships to the complete equipment package. g. Where necessary for clarity, identify details by reference to sheet numbers and detail numbers, schedule or room numbers as shown on the Plans. 4. Shop Drawing Drawings shall be to scale, and shall be a true representation of the specific equipment or item to be furnished. B Product Data 01350-4of6 07/2006 SUBMITTALS CITY OF PEARLAND 1. Submit Product Data for review when required in individual Technical Specifications. 2. Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures" shall be placed on each data item submitted. e ucts, models, 3. Mark each copy to identify aplicapfac b reprodandard data to pro►v►de informatto be ionin this Project. Supplement inan unique to this Project, where required by the Technical Specification. 4. For products specified only by reference standrd, submit nand applacable referenceustandard� trade name, model or catalog designation, 5. For Approved Products those designated in the Technical Specifications followed by the words 'or approved equal" submit manufacturer, trade name, model or catalog designation, and applicable reference standard. 6. For products proposed as alternates to Approved Products, refer to Section 01630 - Product Options and Substitutions, 1.04 "Selection Options" and 1.07 "Substitution Procedures". 7 For products that are neither Pre -Approved, Approved, specified only by reference standard, nor proposed as alternates, submit product description, trade name, manufacturer, and suppl er.EnContractor aoOwner provide additional information upon written requestby C Samples 1. Submit samples for review as required by the Technical Specification. is Section, 1.2 al 2. Contractor's Certification; as escribed in each samplehor a firmly attached sheettof Procedures' , shall be placed on paper. 3. Submit the number of samples specified in the Technical Specification; one of which will be retained by the Engineer. 4. Reviewed samples which may be used in the Work are identified in the Technical Specifications. 1.06 OPERATIONS AND MAINTENANCE DATA A When specified in Technical Specification, submit manufacturers' printed instructions for delivery storage, assembly, installation, start-up, operation, adjusting, finishing, and maintenance. 13 Contractor's Certification, as described in this Section. 1.02 "Submittal Procedures", shall be placed on front page of each C t. Identify conflicts between manufacturers' instructions and Contract Documents. 1.07 MANUFACTURER'S CERTIFICATES A When specified in Technical Specification, submit manufacturers' certificate of compliance for review by Engineer. B Contractor's Certification, as described inthis Section, 1.02 "Submittal Procedures", shall be placed on front page of thecertificate. 01350 - 5 of6 07/2006 CITY OF PEARLAND SUBMITTALS C Submit supporting reference data, affidavits, and certifications as appropriate. D Manufacturer's Certificates may be recent or previous test results on material or product, but must be acceptable to Engineer. 1.08 CONSTRUCTION PHOTOGRAPHS A When required by Section 01100 — Summary of Work, submit photographs in accordance with Section 01380 — Construction Photographs. 1.09 PROJECT RECORD DOCUMENTS A Submit Project Record Documents in accordance with Section 01760— Project Record Documents. 1.10 VIDEO A Submit television video in DVD format as required in individual Technical Specifications. B Transmittal forms for video disks shall be numbered sequentially beginning with TOI, T02, T03, etc. 1.11 DESIGN MIXES A When specified, submit design mixes for review. B Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures", shall be placed on front page of each design mix. 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 - NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 07/2006 01350-6of6 CITY OF PEARLAND CONSTRUCTION PHOTOGRAPHS Section 01380 CONSTRUCTION PHOTOGRAPHS 1.0 GENERAL 1.01 SECTION INCLUDES A Requirements for construction photographs and submittals. g References Technical Specifications: 1. Section 01100 — Summary of Work 2. Section 01350 — Submittals 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Construction Photographs under this Section. Include cost in Bid Items for installed Work. 1.03 SUBMITTALS A When required by Section 01100 this Section. t on, of Work, submit photographs in accordance applicable provisions of g Make Submittals required by this and related Sections under the provisions of Section 01350 — Submittals. Prepare three (3) prints of each view and submit two (2) prints directly to the Project C Manager within seven (7) days of taking photographs. One (1) print shall be retained by the Contractor in the field office at the Project Site and available at all times for reference. all mit extra of p When requested by the Project Manager,to desigContractor nated ated partieshwho will pay the costs for photographs, for distribution directlyg the extra prints directly to the photographer E When required by individual Sections, submit photographs taken prior to start of the Work to show original Project Site conditions. When required by Contract Documents, submit photographs with Application for Payment. G When required by individual Sections, submit photographs taken following completion of the Work to show the condition in which the Project Site will be left H With each submittal, include tpg andfc negatives in date photographsprotective were takenenvelopes, identified by Project Name, Conractor, 01380-1of3 07/2006 CITY OF PEARLAND CONSTRUCTION PHOTOGRAPHS 1.04 QUALITY ASSURANCE A Contractor shall be responsible for the timely execution of the photographs, their vantage point, direction of shot, and quality. 2.0 PRODUCTS 2.01 PHOTOGRAPHS A Photographs shall be 35mm quality, 3x5 color prints with matte finish. B The photographs shall show on a non -elective chalkboard, readable in the photograph: 1. Job number. 2. Date and time photographs were taken. 3. Location of the photograph, house number and street, along with the project number. C Indicate the condition of the following: 1. Esplanades and boulevards 2. Yards (near side and far side of street). 3. House -walk and sidewalk. 4. Curb. 5. Area between walk and curb 6. Particular features (yard lights, shrubs, fence, trees, etc.). 7. Date shall be on negative. 8. Provide notation of vantage point marked for location and direction of shot on a key plan of the Project Site. D Sufficient number of photographs shall be taken to show the existence or non- existence of cracked concrete and the condition of trees, shrubs and grass. E Identify each photograph with an applied label or rubber stamp on the back with the following information: 1. Name of the Project. 2. Name and address of the photographer (if a professional photographer is used). 3. Name of the Contractor. 4. Date the photograph was taken. 5. Photographs to be in plastic pockets and bound in three -ring notebook for easy access and viewing. 3.0 EXECUTION 3.01 PRECONSTRUCTION PHOTOGRAPHS A Prior to the commencement of the Work, take photographs of the entire route of the Project Site. 01380-2oC3 07/2006 CITY OF PEARLAND 3.02 POST -CONSTRUCTION PHOTOGRAPHS A Following the completion of the Work, take photographs from corresponding vantage points and direction of shots 3.03 PROCESS PHOTOGRAPHS A Take photographs at intervals, coinciding with the cutoff date associated with each Application for Payment. g Select the vantage points for each shotmonth to bests Takeow less than us of construction and progress since the last photographs were taken. two (2) shots from the same vantage point creating a time -lapsed sequence. C Follow direction when given by the Project Manager in selecting vantage points. END OF SECTION CONSTRUCTION PHOTOGRAPHS 01380-3of3 07/2006 CITY OF PEARLAND REFERENCED STANDARDS Section 01420 REFERENCED STANDARDS 1.0 GENERAL 1.01 SECTION INCLUDES A General quality assurance as related to Reference Standards and a list of references. B References to Technical Specifications: None 1.02 QUALITY ASSURANCE A For Products or workmanship specified by association, trade, or Federal Standards comply with requirements of the standard, except when more rigid requirements are specified o1 are required by applicable codes. B Conform to reference standard by date of issue current on the date as stated in Section 00700 — General Conditions of Agreement. C Request clarification from Engineer before proceeding should specified reference standards conflict with Contract Documents. 1.03 SCHEDULE OF REFERENCES AASHTO American Association of State Highway and Transportation Officials 444 North Capitol Street, N.W. Washington, DC 20001 ACI AGC Al AITC 07/2006 American Concrete Institute P.O. Box 19150 Reford Station Detroit, MI 48219-0150 Associated General Contractors of America 1957 E Street, N.W. Washington, DC 20006 Asphalt Institute Asphalt Institute Building College Park, MD 20740 American Institute of Timber Construction 333 W. Hampden Avenue Englewood, CO 80110 01420- 1 ors CITY OF PEARLAND AISC American Institute of Steel Construction 400 North Michigan Avenue, Eighth Floor Chicago, IL 60611 AIS1 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 REFERENCED STANDARDS 01420-2of5 07/2006 CITY OF PEARLAND REFERENCED STANDARDS CRD U.S.A. Corps of Engineers CRSI EJMA FDA FS ICEA IEEE MIL Code of Ordinances City of Pearland 3519 Liberty Drive Pearland, TX 77581 Concrete Reinforcing Steel Institute 933 Plum Grove Road Schaumburg, IL 60173-4758 Expansion Joint Manufacturers Association 707 Westchester Avenue White Plains, NY 10604 U.S Food and Drug Administration 5600 Fisher Lane Rockville, MD 20857-0001 Federal Standardization Documents General Services Administration, Specifications Unit (WFSIS) 7th and D Street S.W. Washington, DC 20406 Insulated Cable Engineer Association P.O. Box 440 S. Yarmouth, MA 02664 Institute of Electrical and Electronics Engineers 445 Hoes Lane P.O.Box1331 Piscataway, NJ 0855-1331 Military Specifications General Services Administration, Specifications Unit (WFSIS) 7th and D Street S.W. Washington, DC 20406 NACE National Association of Corrosion Engineers P. O. Box 986 Katy, TX 77450 NEMA National Elects ical Manufacturers' Association 2101 L Street N.W. Suite 300 Washington, DC 20037 07/2006 01420 - 3 of 5 CITY OF PEARLAND 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 PCI Prestressed Concrete Institute 201 North Wacker Drive Chicago, IL 60606 REFERENCED STANDARDS SDI Steel Deck Institute Box 9506 Canton, OH 44711 SSPC Steel Structures Painting Council 4400 Fifth Avenue Pittsburgh, PA 15213 TAC Texas Administrative Code TCEQ Texas Commission on Environmental Quality P. O. Box 13087 Austin, TX 78711-3087 TxDOT Texas Department of Transportation 125 East 11 th Street Austin, TX 78701-2483 Texas MUTCD Texas Manual on Uniform Traffic Control Devices tvi (2003 Adoption) (published by Texas Department ofTranspo UL Underwriters' Laboratories, Inc. 333 Pfingston Road Northbrook, IL 60062 tion UN1-BELL 2655 Villa Creek DI -BELL Pipe rive, to 155 Dallas, TX 75234 WR1 Wire Reinforcement institute 942 Main Street — Suite 300 Hartford, CT 06103 01420-4of5 07/2006 CITY OF PEARLAND REFERENCED STANDARDS WWD/PI Water Well Drillers and Pump Installers Advisory Council Texas Depaitment of Licensing and Regulation P.O. Box 12157 Austin, TX 78711 2.0 PRODUCTS - NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 07/2006 01420-5of5 1.02 SUBMITTALS Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 1.03 QUALITY ASSURANCE/CONTROL OF INSTALLATION Monitor quality control over suppliers, manufacturers, products, conditions, and workmanship, to produce the Work of specified additional cost to the Owner. Comply fully with manufacturers' installation instructions, including each step in sequence. C Request clarification from Project Manager before proceeding should manufacturers' CITY OF PEARLAND CONTRACTOR'S QUALITY CONTROL Section 01430 CONTRACTOR'S QUALITY CONTROL 1.0 GENERAL 1.01 SECTION INCLUDES A Quality assurance and control of installation and manufacturer's field services and reports. g References to Technical Specifications: 1. Section 01350 — Submittals A A g instructions contlict with Contract Documents. services, site quality at no D Comply with specified Standards as minimum requirements uirements indicate higher standards rk except when more stringent tolerances, codes, or specifiedrequirements or more precise workmanship. g Perform work by persons qualified to produce the specified level of workmanship. p Obtain copies of Standards and maintain at Project Site when required by individual Technical Specifications. 1.04 MANUFACTURERS' FIELD SERVICES AND REPORTS material or product A When specified in individual Technical Specifications, provide supplie► s' or manufacturers' technical representativeoorkanshipserve site start-up of equipment,conditions, conditions of surfaces and installation, qualitynd operator training, test, adjust, and balance of equipment e applicnts aspplicable, ai p toemtiate operation, as required. Conform to minimum q and operator training if defined in Technical Specifications. 01430- 1 of2 07/2006 CITY OF PEARLAND CONTRACTOR'S QUALITY CONTROL B At the Project Manager's request submit qualifications of manufacturer's representative to Project Manager fifteen (15) days in advance of required representative's services. The representative shall be subject to approval of Project Manager. C Manufacturer's representative shall report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers' written instructions. Submit report within one (1) day of observation to Project Manager for review. 2.0 PRODUCTS - NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 07/2006 01430 - 2 of 2 INSPECTION SERVICES CITY OF PEARLAND Section 01440 INSPECTION SERVICES 1.0 GENERAL 1.01 SECTION INCLUDES A Inspection services and references. g References to Technical Specifications: 1. Section 01450 — Testing Laboratory Services 1.02 INSPECTION A Project Manager will appoint an Inspector as a representative of the Owner to perform inspections, tests, and other services specified in individual Technical Specifications. g Alternately, Project Manager may appoint, employ, and pay an independent firm to provide additional inspection or construction management services as indicated in Section 01450 — Testing Laboratory Services. C Reports will be submitted by the independent firm to Project Manager, Engineer, and Contractor, indicating observations and results of tests and indicating compliance or non-compliance with Contract Documents. p Contractor shall assist and cooperate with the Inspector; furnish samples of materials, design mix, equipment, tools, and storage. E Contractor shall notify Project Manager 24 hours prior to expected time for operations requiring services. Notify Engineer and independent firm when noted F Contractor shall sign and acknowledge report for Inspector. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - NotUsed END OF SECTION 01440-1of1 07/2006 CITY OF PEARLAND TESTING LABORATORY SERVICES Section 01450 TESTING LABORATORY SERVICES 1.0 GENERAL 1.01 SECTION INCLUDES A Testing Laboratory Services and Contractor responsibilities related to those services. B References to Technical Specifications: 1. Section 01350 — Submittals C Referenced Standards: 1. American Society for Testing and Materials (ASTM) a. ASTM D 3740, ` Practice for Evaluation of Agencies Engaged in Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction" b. ASTM E 329, "Recommended Practice for Inspection and Testing Agencies for Concrete, Steel, and Bituminous Materials as Used in Construction" 1.02 SELECTION AND PAYMENT A Owner will select, employ, and pay for services of an independent testing laboratory to perform inspection and testing identified in individual Technical Specifications. B Employment of testing laboratory shall not relieve Contractor of obligation to perform work in accordance with requirements of Contract Documents. C Owner or designated representative shall schedule and monitor testing as required to provide timely results and to avoid delay to the Work. 1.03 LABORATORY REPORTS A The Engineer will receive l copy, the Project Manage! will receive 2 copies, and the Contractor will receive 2 copies of Laboratory Reports from the testing laboratory. One of the Contractor's copies shall remain at the Project Site for duration of Project. Test results which indicate non-conformance shall be transmitted immediately via fax from the testing laboratory to the Contractor and Project Manager. 1.04 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. 07/2006 01450-1o12 CITY OF PEARLAND D Laboratory has no authority to stop the Work. 1.05 CONTRACTOR RESPONSIBILITIES fr rations A Notify Project Manager and laboratoryc24 hours Notity Engineer if sectedpec ficationesection requiring inspection and testing ser requires the presence of the Engineer. g Cooperate with laboratory personnel in collecting samples to be tested or collected on Project Site. C Provide access to the Work and to manufacturer's facilities. p Provide samples to laboratory in advance of their intended use to allow thorough examination and testing. o tain E Provide incidental labor and facilities for ccess othe Work to be tested; ts to be tested; and to faocil bate testds handle samples at the site or at sourCeof products 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. TESTING LABORATORY SERVICES 2.0 PRODUCTS - Not Used 3.0 EXECUTION 3.01 CONDUCTING TESTING A Laboratory sampling and testing shall conform to ASTM D 3740 and ASTM E 329, as well as other test standards specified in individual Technical Specifications. END OF SECTION 01450-2of2 07/2006 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS Section 01500 TEMPORARY FACILITIES AND CONTROLS 1.0 GENERAL 1.01 SECTION INCLUDES A Temporary facilities and the necessary controls for the Work including utilities, telephone, sanitary facilities, field 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. B References to Technical Specifications: Section 01350 — Submittals Section 01566 — Source Controls for Erosion & Sedimentation Section 01100 — Summary of Work Section 01600 — Material & Equipment Section 01570 — Trench Safety System Section 01555 — Traffic Control & Regulation Section 01720 — Field Surveying Section 01563 — Tree & Plant Protection Section 01564 — Control of Ground Water & Surface Water C Referenced Standards: Occupational Safety and Health Administration (OSHA) National Fire Protection Association (NFPA) Code of Ordinances, City of Pearland, `I exas D Definitions: Underground Structures - sewer, water, gas, and other piping, and manholes, chambers, electrical and signal conduits, tunnels, and other existing subsurface installations located within or adjacent to the limits of the Work. Surface Structures - existing buildings, structures and other constructed installations above the ground surface. Included with such structures are their foundations or any extension below the surface. Surface structures include, but are not limited to buildings, tanks, walls, bridges, roads, dams, channels, open drainage, piping, poles, wires, posts, signs, markers, curbs, walks, guard cables, fencing, and other facilities that are visible above the ground surface. 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no sepal ate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 07/2006 01500-1of9 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 Submittals. 1.04 CONTRACTOR'S RESPONSIBILITY mini r the A The facilities and controls specified in this oSection facilities anddcontdrols for um the pfroper per Work. The Contractor may provide add execution of the Work and to meet Contractor's responsibilities for protection of persons and pi operty. ecific g Comply with applicable requirements aystems to assure conin other Techical pnuor� dservice. Maintain and operate temporary facilities and Modify and extend systems as Work progress requires. Completely remove temporary materials and equipment when their use is no longer required. Restore existing facilities used for temporary services to specified or to original condition. 1.05 TEMPORARY UTILITIES A Temporary Service Make arrangements withutility of the service utility companies for �ompa companies or authorities having orary services. Abide by rules and regal jurisdiction.lete. Be responsible for utility service costs services necessaryork is lfor e�ecpt on, Included are fuel, power light, heat, and other utility completion, testing, and initial operation of the Work. Water to be Provide water required for and in connection or othr herkii e as requ� ed fo rproper nd for specified tests of piping, equipment, devices, completion of the Work. mit or license For water to be drawn from public fire hydrants based otain n rates cial est established by latest meter from the proper City officials. A deposithydrantreventor on fire supply. ordinance will be required. Install backfl f potable water for domestic consumption Provide and maintain an adequatesupply by Contractor personnel. C Electricity and Lighting Provide electric power service as required for the ork, inclung ctor's testi or for any other Provide power for lighting, operation of the Contra Electric power service includes temporary power service or generator to maintain plant use by Contractor. operations during any scheduled shutd Minimum lighting level shall be 5 foot-candles for open areas; 10 foot-candles for stairs and shops. 01500-2of9 07/2006 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS D Temporary Heat and Ventilation Provide temporary heat as necessary for protection or completion of the Work. Provide temporary heat and ventilation to assure safe working conditions, maintain enclosed areas at a minimum of 50 degrees F. E Telephone Provide emergency telephone service at the Project Site for use by Contractor personnel and others performing work or furnishing services. F Sanitary Facilities Provide and maintain sanitary facilities for persons on the Project Site, in compliance with federal, state, and local regulations. Locate toilets on the Project Site near the work and secluded from view insofar as possible. Keep toilets clean and suppled throughout the course of the Work. Enforce the use of sanitary facilities by construction personnel at the Project Site. Such facilities shall be enclosed. Pit -type toilets will not be permitted. No discharge will be allowed from these facilities. Collect and store sewage and waste so as not to cause a nuisance or health problem, have sewage and waste hauled off -site and properly disposed in accordance with local regulations. Control areas where sanitary facilities are located in conformance with Section 01566 — Source Controls for E►osion & Sedimentation. 1.06 FIELD OFFICE A. Provision of a Field Office is required unless otherwise stated in Section 01 100 — Summary of Work The Contractor shall confirm location of office and other temporary facilities with Owner's Representative at Pre -Construction Meeting prior to delivery and set up. B. At a minimum the Contractor's field office shall provide for, contain or serve to: provide a secu►ed space for project administrative operations, periodic progress meetings, on -site storage for project files and plans, office space for CONTRACTOR s field supervisory personnel and provide a separate securable office space tor OWNER's Representative including: meeting table and chairs, a single two drawer filing cabinet, a built-in drawing table and plan holde►s. Provide electric lighting and HVAC to the mobile office. Provide for transportation, move -in, set-up, tie -down and, when project is complete, ►emoval and move -out. 1.07 STORAGE OF MATERIALS A Provide for storage of materials under the provisions of Section 01600 — Material & Equipment. 1.08 SAFETY REQUIREMENTS A Contractor shall p►epare, submit and follow a Safety Program that complies with federal, state, and local safety codes statutes, and practices. Include in the Safety Program documented response to excavation, embankment, and trench safety requirements as specified in Section 01570 — Trench Safety System. 07/2006 01500-3of9 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS g Conduct operations in strict accord with applicable federal, state and local safety codes and statutes and with good construction practice The Contractor is fully responsible and obligated to establish and maintain procedures for safety of all work, personnel and equipment involved in the Work. C Observe and comply with Texas Occupational Safety Act (Art. 5182a, V.C.S.) and with all safety and health standards promulgated by Secretary of Labor under Section 107 of Contract Work Hours and Standards Act published in OSHA Standards - 29 CFR, Part 1926, and adopted by Secretary of Labor under the 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 D Observance of and compliance with the regulations shall be solely and without qualification the responsibility of the Contractor without reliance or superintendence of or direction by the Engineer or the Engineer's representative. Immediately advise the Engineer of investigation or inspection by Federal Safety and Health inspectors of the Contractor or subcontractor's work or place of work on the Project Site under this Contract, and after such investigation or inspection, advise the Engineer of the results. Submit one copy of accident reports to Engineer within ten (10) days of occurrence. E Protect areas occupied by workmen using the best available devices for detection of lethal and combustible gases. Test such devices frequently to assure their functional capability. Constantly observe infiltration of liquids into the Work area for visual or odor evidence of contamination. Take immediate and appropriate steps to seal off entry of contaminated liquids to the Work area. F Safety measures, including but not limited to safety personnel, first -aid equipment, ventilating equipment and safety equipment, in the Plans and Technical Specifications are obligations of the Contractor. G Maintain required coordination with the local Police and Fire Departments during the entire period covered by the Contract. 1.07 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 g Have at least one person thoroughly trained in first aid procedures present on the Project Site whenever work is in progress. 1.08 FIRE PROTECTION A Fire Protection Standards Conform to specified fire protection and prevention requirements as well as those that may be established by Federal, State, or local governmental agencies. C omply with all applicable provisions of NFPA Standard No. 241, Safeguarding Building Construction and Demolition Operations. 01500-4of9 07/2006 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS Provide portable fire extinguishers, rated not less than 2A or 5B in accordance with NFPA Standard No. 10, Portable Fire Extinguishers, for each temporary building, and for every 3000 square feet of floor area of facilities under construction. Locate portable fire extinguishers within 50 feet maximum from any point on the Project Site. B Fire Prevention and Safety Measures. Prohibit smoking in hazardous areas. Post suitable warning signs in areas that are continuously or intermittently hazardous. Use metal safety containers for storage and handling of flammable and combustible liquids. Do not store flammable or combustible liquids in or near stairways or exits. Maintain clear exits fiom all points within a structure. 1.09 SECURITY MEASURES A Protect all materials, equipment, and property associated with the Work from loss, theft, damage, and vandalism. Contractor's duty to protect property includes Owner's property. B If existing fencing or barriers are breached or removed for purposes of construction, provide and maintain temporary security fencing equal to existing. 1.10 PROTECTION OF PUBLIC UTILITIES A Prevent damage to existing public utilities during construction. These utilities are shown on the Plans at their approximate locations. Give owners of these utilities at least 48 hours notice before commencing Work in the area for locating the utilities during construction, and for making adjustments or relocation of the utilities when they conflict with the proposed Work. 1.11 PROTECTION OF PEOPLE AND PROPERTY A Preventive Actions. Take precautions, provide programs, and take actions necessary to protect the Work and public and private property from damage. Take action to prevent damage, injury or Toss, including, but not limited to, the tollowing: 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 that are subject to damage by exposure to weather, theft, breakage, or otherwise. c. Place upon the Work or any part thereof only such loads as are consistent with the safety of that portion of the Work. d. Frequently clean up refuse, rubbish scrap materials, and debris caused by construction operations, keeping the Work safe and orderly. 01500-5of9 07/2006 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS Provide safe barricades and guard rails around openings for e. p around excavations, scaffolding for temporary stairs and rams, elevated walkways, and other hazardous areas. Obtain written consent from proper parties before entering or occupying with workers, tools materi als or equipment, privately owned land except on easements provided for construction.p property on or Assume full responsibility for the pr indirect►on damage ibldone by or ontaccount of any adjacent to the site. li' any direct 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. g Barricades and Warning Signals. or public Where Work is performed on desafencest to lights, waan�mg signs, danger signals; place, furnish and erect barricarotect►on of provide watchmen; and takrot ctioner precautionary measures for of the Work.Conform to Section 01555p— Traffic persons or property and protection Control & Regulation. C Maintain permanent benchmarks, morn ► no cos►t to the Owner those that are Preserving Control Points damaged otherwise directed in writing, replace at or destroyed in accordance with Section 01720 — Field Surveying. p Tree and Plant Protection.ng Protect trees, shrubs, lawns, outside of grading limits requirements and vents o►f Sect�on 0►1 63►n►Tree designated on the Plans, and in accordance with & Plant Protection. E Protection of Underground and Surface Structures hone Known underground structures, includ with the best infor►ter sewer, nation aic, and a►labpe, but services are shown on the Plans in accordance is not guaranteed to be correct or complete. Contractor is responsible for making Locate Calls. Explore ahead of trenching and excavation oCatkonndto►prevent damage tothemunderground to structures sufficiently to determine prevent interruption of utility services. Restore to original condition damages to underground structure at no additional cost to the Owner. which is Immediately notify the agency or company the Engineer angnd autilitygency for any damaged, broken, or disturbed. Obtain approval from repairs or relocations, either temporary or permanent. Necessary changes in location of the Work may be made by the Engineer to avoid unanticipated underground structures. if per manent relocation of an underground structure other pocumentssubsurface the Eng►ne � will► required and not otherwise provided for in the Contract direct Contractor in writing to perform the adescribed in ork which shall be paid id for under Gene al provisions for changes in the Contract Price Conditions of Agreement. 01500-6of9 07/2006 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS 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 ►equired by the party owning or controlling such stiucture Before installing sti ucture supports, Contractor shall satisfy the Engineer that the methods and procedures to be used have been approved by the owner of the structure. 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. 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 perfoi med. When construction operations are required in the immediate vicinity of existing structures, pipelines or utilities, give a minimum of five (5) working days advance notice. Probe and flag the location of underground utilities prior to commencement of excavation. Keep flags in place until construction operations reach and uncover the utility. Assume risks attending the presence or proximity of underground and surface structures within or adjacent to the limits to the Work including but not limited to damage and expense for direct or indirect injury caused by the Work to any structure. Immediately repair damage caused, to the satisfaction of the owner of the damaged structure 1.12 PROTECTION OF THE WORK Provide protection of installed products to prevent damage from subsequent operations. Remove protection facilities when no longer needed, prior to completion of the Work. Control traffic to prevent damage to equipment, materials, and su►faces. 1.13 ROADS ANI) PARKING 07/2006 A Prevent interference with traffic and Owner operations on existing roads. B Minimize use of existing streets and driveways by construction traffic. C Control traffic to prevent damage to equipment, materials, and surfaces. D Construct and maintain temporary detours, ramps, and roads to provide for normal public traffic flow when use of public roads or streets is closed by necessities of the Work. E Provide mats or other means to prevent overloading or damage to existing roadways from tracked equipment or exceptionally large or heavy trucks or equipment F Designate temporary parking areas to accommodate construction personnel. When site space is not adequate provide additional off -site parking. Locate as approved by Engineer. 01500-7of9 CITY OF PEARLAND G Do not allow heavy vehicles or construction equipment unnecessarily in existing parking areas. 1.14 ENVIRONMENTAL CONTROLS ui ment, and temporary construction as necessary A Provide and maintain methods, eq p for controls over environmental conditions at the construction site and adjacent areas. TEMPORARY FACILITIES AND CONTROLS to B Comply with statutes, regulations, and ordinances which hr relate of the propotural sed Wcoek for the prevention of environmental pollut►o P including but not limited to the National Environmental Policy Act of 1969, PL 91- 190, Executive Order 11514. d C Recognize and adhere to the environmental tDopc►un�ents. areas shall be strictly limited to boundaries established by the Contract Burning of rubbish debris or waste materials is not permitted. 1.15 POLLUTION CONTROL contamination of soil, A Provide methods, means, and facinsubstances quired to fromtconstruction operations.ater or atmosphere by discharge of noxious g Provide equipment and personnel to perform emergency measures required� in any spillage, and to re Hove contaminatedsoils ol►qdsExcavate and dispoconse of any contaminated earth off -site, and replace with suitable compacted fill and topsoil. rom entering receiving streams C Take special measures to prevent systems inul substances conformancefwith TPDES ►•equ ements and or storm water conveyance Section 01566 — Source Controls for Erosion & Sedimentation. p Provide systems for control of atmospheric pollutants. Prevent toxic concentrations of chemicals. Prevent harmful dispersal of pollutants into the atmosphere. E Use equipment during construction that conforms to current federal, state, and local laws and regulations. 1.16 PEST AND RODENT CONTROL A Provide rodent and pest control as necessary to prevent infestation of Project Site. g Employ methods and use materials which will not adversely affect conditions at the Project Site or adjoining properties. 1.17 NOISE CONTROL A Provide vehicles, equipment, and construction activities greatest degree practicable. Noise levels shall conform to and in no case will noise levels be permitted which surrounding neighborhoods. that minimize noise to the OSHA Standards - 29 CFR create a nuisance in the 01500-8of9 07/2006 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS B Conduct construction operations during daylight hours from 7:30 a.m. to 6:00 p.m. except as approved by Engineer. C Comply with Chapter 19 NOISE, Codes of Ordinances, City of Pearland, Texas. 1.18 DUST CONTROL A Control objectionable dust caused by operation of vehicles and equipment under the provisions of Section 01566 — Source Controls for Erosion & Sedimentation. 1.19 WATER RUNOFF AND EROSION CONTROL A Provide methods to control surface water, runoff, subsurface water, and water pumped from excavations and structures to prevent damage to the Work, the Project Site or adjoining properties in accordance with Section 01564 — Control of Ground Water & Surface Water and Section 01566 — Source Controls for Erosion & Sedimentation. B Inspect earthwork periodically to detect any evidence of the start of erosion. Apply corrective measures as required to control erosion. 2.0 PRODUCTS - NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 07/2006 01500-9of9 CITY OF PEARLAND Section 01505 MOBILIZATION MOBILIZATION 1.0 GENERAL 1.01 SECTION INCLUDES A Mobilization of construction equipment and facilities onto the Work. B Referenced Standards: 1. Texas Department of Transportation (TxDOT) 2. Texas Manual on Uniform Traffic Control Devices (Texas MUTCD) 1.02 MEASUREMENT AND PAYMENT A Measurement for Mobilization is on a Lump Sum basis. Include 50 percent of the cost of Mobilization in the first monthly Application for Payment B Payment is subject to the receipt and approval by Engineer of the following items, as applicable: 1. Schedule of Values (Section 01350 — Submittals) 2. Trench Safety Program (Section 01570 — Trench Safety System) 3. Construction Schedule (Section 01350 — Submittals) 4. Pre -construction Photographs (Section 01380 — Construction Photographs) 5. Installation and acceptance of Project Identification Sign(s) C Payment of the remaining 50 percent of the Contract Price excluding frMobilization is subject to completion of a minimum of 5 percent of the p Mobilization payments will be subject to Retainage as stipulated in Section 00700 General Conditions of Agreement. 2.0 PRODUCTS 2.01 PROJECT IDENTIFICATION SIGNS A Provide specified number of project identification sign(s) per Section 01580 The name, address and contact information of the general contractor for the project shall be shown on the sign per Section 01580 and the attached exhibit. 3.0 EXECUTION 3.01 PLACEMENT OF PROJECT IDENTIFICATION SIGNS A Place a Project Identification Sign as described in Section 01580, part 1.03, D visible to passing traffic or as directed by Engineer. END OF SECTION 01505-1of1 07/2006 CITY OF PEARLAND 1.0 GENERAL STABILIZED CONSTRUCTION EXITS Section 01550 STABILIZED CONSTRUCTION EXITS 1.01 SECTION INCLUDES A Installation of erosion and sediment control for Stabilized Construction Exits used during construction and until final development of the Project site. B References to Technical Specifications: 1. Section 01350 — Submittals 2. Section 01562 — Waste Material Disposal 3. Section 01566 — Source Controls for Erosion & Sedimentation C Referenced Standards: 1. American Society of Testing and Materials (ASTM) a. ASTM D 4632, "Standard Test Method for Grab Breaking Load and Elongation of Geotextiles" 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required in this Section under the provisions of Section 01350 — Submittals. B Manufacturer's catalog sheets and other product data on Geotextile fabric. C Sieve analysis of aggregates conforming to requirements in this Section, 2.02 "Course Aggregates". 2.0 PRODUCTS 2.01 GEOTEXTILE FABRIC A Provide woven or non -woven geotextile fabric made of either polypropylene, polyethylene, ethylene, or polyamide material. B By ASTM D 4632 geotextile fabric shall have a minimum grab strength of 270 psi any principal direction, and the equivalent opening size between 50 and 140. C Both the geotextile and threads shall be resistant to chemical attack, mildew, and rot and shall contain ultraviolet ray inhibitors and stabilizers to provide a minimum of 6 months of expected usable life at a temperature range of 0°F to 120°F. 07/2006 01550-1of4 CITY OF PEARLAND D Representative Manufacturers: Mirafi, Inc., Or -Equal. 2.02 COARSE AGGREGATES gravel, concrete, crushed blast furnace A Coarse aggregate shall consist of crushed stone, shall be composed of clean, hard, slag, or a combination of these materials Aggregate durable mates ials free from adherent coatings, saltalkali, dirt, clay, loam, shale, soft or flaky materials or organic and injurious , B Course aggregates shall conform to the following gradation requirements. Sieve Size Percent Retained (c e Mash) (by Weight) 2,/2" 0 2" 0-20 11" 15-50 %,, 60-80 No. 4 95 - 100 STABILIZED CONSTRUCTION EXITS 3.0 EXECUTION 3.01 PREPARATION AND INSTALLATION es A If necessary to keep the street clean ° carried by t on ex tsuat the const�ction luct�ond, equipment, Contractor shall provide stabilized constriic staging, parking storage and disposal areas�shown och erosion ana the Plans andsediment tspecified rols shall be constructed in accordance with the requirements in this Section. rk g Erosion and sediment control measures shalficatlbein place prior to the start of any directed by the Engineer to allow �o I that exposes the soil, other than as specifically testing and surveying. C Maintain existing erosion and sediment control b lsystems �t within �emovthe e and dis aroject Site rd until acceptance of the Work or until di y th Enginee the existing system p Regularly inspect and repair or replace e n mpountil t>ne Work f stabilized is ccpted by the Owner. construction exits. Unless otherwise directed, maintain tngineer. Remove stabilized construction exits prmptly when e with Section directed Ol 562 by Wastethe EMater al Discard removed materials in accodanc Disposal. E Equipment rind vehicles shall be prohibited by the Contractor from maneuvering on areas outside of dedicated ' ifctto eros onand ndeasements sediment for controlt'systems D�allage be caused by construction traf repaired immediately. 01550-2of4 07/2006 CITY OF PEARLAND F Conduct all construction operations erosion control practices described in & Sedimentation. 3.02 CONSTRUCTION METHODS STABILIZED CONSTRUCTION EXITS under this Contract in conformance with the the Section 01566 - Source Controls for Erosion A Provide stabilized access roads, subdivision roads, parking areas, and other on -site vehicle transportation routes where shown on Plans. g Provide stabilized construction exits, and truck washing areas when approved by Engineer, of the sizes and locations where shown on Plans or as specified in this Section. C Vehicles leaving construction areas shall have their tires cleaned to remove sediment prior to entrance onto public right-of-way. When washing is needed to remove sediment, Contractor shall construct a truck washing area. Truck washing shall be done on stabilized areas which drain into a drainage system protected by erosion and sediment control measures. D Details for Stabilized Construction Exits are shown on the Plans. Construction of all other stabilized areas shall be to the same requirements Roadway width shall be at least 14 feet for one-way traffic and 20 feet for two-way traffic and shall be sufficient for all ingress and egress. Furnish and place geotextile fabric as a permeable separator to prevent mixing of coarse aggregate with underlaying soil. Exposure of geotextile fabric to the elements between laydown and cover shall be a maximum of 14 days to minimize damage potential. E Roads and parking areas shall be graded to provide sufficient drainage away from stabilized areas Use sandbags gravel, boards, or similar methods to prevent sediment from entering public right-of-way, receiving stream or storm water conveyance system. F The stabilized areas shall be inspected and maintained daily. Provide periodic top dressing with additional coarse aggregates to maintain the required depth Repair and clean out damaged control measures used to trap sediment. All sediment spilled dropped, washed, or tracked onto public right-of-way shall be removed immediately G The length of the stabilized area shall be as shown on the Plans, but not less than 50 feet. The thickness shall not be less than 8 inches. The width shall not be less than full width of all points of ingress or egress. H Stabilization for other areas shall have the same coarse aggregate, thickness, and width requirements as the stabilized construction exit, except whet e shown otherwise on the Plans. 07/2006 1 Stabilized area may be widened or lengthened to accommodate truck washing area when authorized by Engineer. 01550-3of4 STABILIZED CONSTRUCTION EXITS CITY OF PEARLAND J Alternative methods of construction may be utilized when the hoig, on Plans,orwhen approved by the Engineer. These methods ►n I. Cement -Stabilized Soil, Compacted cement -stabilized soil or other till material in an application thickness of at least 8 inches. 2. Wood Mats/Mud Mats - Oak or other hrdwoos which aretimbers p aced onctop of exed oting edge and across support wooden soil in an application thickness of at least 6 inches. members. 3. Steel Mats - Perforated mats placed across perpendicular support END OF SECTION 01550-4of4 07/2006 CITY OF PEARLAND 1.0 GENERAL TRAFFIC CONTROL AND REGULATION Section 01555 TRAFFIC CONTROL AND REGULATION 1.01 SECTION INCLUDES A Requirements for traffic control plans, signs signals, control devices flares, lights and traffic signals, as well as construction parking control designated haul routes and bridging of trenches and excavations. B Requirements for and qualifications of Flaggers. C References to Technical Specifications: 1. Section 01350 — Submittals 2. Section 01140 — Contractor's Use of Premises D Referenced Standards: 1. Texas Manual on Uniform Traffic Control Devices (Texas MUTCD) 1.02 MEASUREMENT AND PAYMENT A Traffic Control and Regulation. Measurement is on a Lump Sum basis for Traffic Control and Regulation, including submittal of a traffic control plan if different from the one provided on the Plans, provision of traffic control devices, and provision of equipment and personnel as necessary to protect the Work and the public. The amount invoiced shall be determined based on the Schedule of Values submitted for traffic control and regulation. B Flaggers. Measurement is on a Lump Sum basis for Flaggers as required for the Work. The amount invoiced shall be determined based on the Schedule of Values submitted for Flaggers. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 07/2006 B A Traffic Control Plan responsive to the Texas MUTCD and sealed by a Registered Professional Engineer is incorporated into the Plans. If the Contractor proposes to implement traffic control different than the plan provided he shall submit a Traffic Control Plan in conformance with Texas MUTCD for approval of the Engineer. C For both the Traffic Control Plan and Flaggers' use, submit Schedules of Values within 30 days following the Notice to Proceed. D Each week submit a daily log for Flaggers listing name, badge number, time start, time finish, and hours worked. 01555-1of4 CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION 1.04 FLAGGERS A Unless otherwise specified, use only Flaggers who are off -duty, regularly employed, uniformed Peace Officers. B Flaggers are required at the following locations: 1 Where multi -lane vehicular traffic must be diverted into single -lane vehicular traffic. 2. Where vehicular traffic must change lanes abruptly. 3. Where construction equipment either enters or crosses vehicular traffic lanes and walks. 4. Where construction equipment walks and cross-walksintermittently encroach on vehicular traffic lanes and unprotected 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 personnel easponsibility Contractor for taking such other steps and provide such othet Flaggers 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 he 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 MUTCD regulations. B Traffic Cones and Drums, Flares and Lights: As approved by agencies having jurisdiction. 3.0 EXECUTION 3.01 PUBLIC ROADS A Abide by laws and regulations of governingroads Beties when temporarily►ng mpededco�c osedads. f the Contractor s work requires that public 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 sti Oct°on equipment iane lei lane d debris and shall be for djacent to work areas which shall be kept free of co the use of emergency vehicles, or as otherwise provided in the Traffic Control Plan. 01555-2of4 07/2006 CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION C Contractor shall not obstruct the normal flow of traffic from 7.00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on designated major arterials or as directed by the Engineer. D Contractor shall maintain local driveway access to residential and commercial properties adjacent to work areas at all times. E Cleanliness of Surrounding Streets: 1. Keep streets used for entering or leaving the job area free of excavated material, debris, and any foreign material resulting from construction operations. Leave the area broom -clean or its equivalent at the end of the work day. F Control vehicular parking to prevent interference with public traffic and parking, and access by emergency vehicles. G Monitor parking of construction personnel's vehicles in existing facilities. Maintain vehicular access to and through parking areas. H Prevent parking on or adjacent to access roads or in non -designated areas. 3.02 FLARES AND LIGHTS A Provide flares and lights during hours of low visibility to delineate traffic lanes and to guide traffic. 3.03 HAUL ROUTES A Utilize haul routes designated by authorities or shown on the Plans for construction traffic. B Confine construction traffic to designated haul routes. C Provide traffic control at critical areas of haul routes to regulate traffic and minimize interference with public traffic. 3.04 TRAFFIC SIGNS AND SIGNALS A Install traffic control devices at approaches to the site and on site, at crossroads . detours, parking areas, and elsewhere as needed to direct construction and affected public traffic. B Relocate traffic signs and control devices as Work progresses to maintain effective traffic control. 3.05 BRIDGING TRENCHES AND EXCAVATIONS A Whenever necessary, bridge trenches and excavation to permit an unobstructed flow of traffic. 07/2006 01555 - 3 of 4 CITY OF PEARLAND 13 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 five percent of daily traffic is comprised of commercial or truck traffic 3. When more than two separate plates are used for the bridge; or 4. When bridge is to be used for more than five consecutive days. C Install bridging to operate with minimum noise. p Adequately shore the trench or excavation to support bridge and traffic. edges oftrench or g Extend steel plates used for bridging materials (premix) to feather beyond edges of plates to excavation. Use temporary paving minimize wheel impact on secured bridging. F Use steel plates of sufficient thickness to support H-20 loading, truck or lane, that produces maximum stress. 3.06 CLEAN-UP AND RESTORATION A Perform clean-up and restoration in and around construction zone in accordance with Section 01140 — Contractor's Use of Premises. g Remove equipment and devices when no longer required. C Repair damage caused by installation. p Remove post settings to a depth of 2 feet. END OF SECTION TRAFFIC CONTROL AND REGULATION 01555-4of4 07/2006 CITY OF PEARLAND Section 01560 FILTER FABRIC FENCE FILTER FABRIC FENCE 1.0 GENERAL 1.01 SECTION INCLUDES A Installation of filter fabric fence to control erosion and contain sediments and pollutants from overland flow. Filter fabric fence is not for use in channelized flow areas Filter fabric fence may be reinforced. B References to Technical Specifications: 1. Section 01200 — Measurement & Payment Procedures 2. Section 01350 — Submittals 3. Section 01562 — Waste Material Disposal 4. Section 01566 — Source Controls for Erosion & Sedimentation C Referenced Standards: 1. American Society for Testing and Materials (ASTM) a. ASTM D 3786, ` Standard Test Method for Hydraulic Bursting strength of Textile Fabrics" b. ASTM D 4632 "Standard Test Method for Grab Breaking Load and Elongation of Geotextiles" 1.02 MEASURMENT AND PAYMENT A Filter fabric fence will be measured by the linear foot between the limits of the beginning and ending of wooden stakes. 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 and replacement of damaged sections, removal of sediment deposits, and removal of erosion and sediment control systems at the end of construction. C Refer to Section 01200 — Measurement & Payment Procedures. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 07/2006 B Manufacturer's catalog sheets and other Product Data on geotextile fabric. 01560 - 1 of 3 FILTER FABRIC FENCE CITY OF PEARLAND 2.0 PRODUCTS 2.01 FILTER FABRIC A Provide woven or nonwoven geotextile filter fabric made of either polypropylene, polyethylene, ethylene, or polyamide material. g By ASTM D 4632, geotextile fabric shall have a grab strength of 100 psi in any principal direction, a Mullen burst strength e exceeding 200psi by ASTM - D3786, and the equivalent opening size between 50 and provide a of C Filter fabric shall contain ultraviolet inhibitors life at a temperature attir eto of 0 degrees to 6 months of expected usable consti uction 120 degrees F. D Representative Manufacturer: Mirafi, inc., or equal. 3.0 EXECUTION 3.01 PREPARATION AND INSTALLATION s. ch A Provide erosion and sediment control sndtshall be construcs at the oted inlown accordanceon nwithtthe systems shall be of the type indicated a requirements shown on the Plans and specifiedin this Section.. rk g Erosion and sediment control measurec ficalbedn•ected by the Engineer to allow place prior to the start of any �0 1 that exposes the soil, other than as specifically testing and surveying. fabric fence as C Regularly inspect and repair or replace otherwise directed, mamcomponents of ta►nrthe erosion and specified in this Section, 3.02F. Unless sediment control systems until the Wotl 'when direcaccepted by tedhe byOthe Engineeoveerosion and sediment control systems promptly removed materials in accordance with Section 01562 — Waste Material Disposal. rmance with the D Conduct all construction operations under 0is 1566ntract in Source Contorols for E os'on & erosion control practices described in Section Sedimentation. 3.02 CONSTRUCTION METHODS A Provide filter fabric fence systems in acondance hamanner with ►the a•►thattail for Fsurface runoff wlter iic ll fence. Filter fabric fence shall be installed percolate though the system in sheet flow fashion and allow sediment to be retained and accumulated. g Attach the filter fabric to 2-inch by 2-inpchs wooden lf filterstakes fabipc is fact maximum preas�etnbled f 3 feet apart and embedded a minimum of 8 inche with support netting then maximum spacing allowable is 8 feet. Install wooden stakes at a slight angle toward the source of anticipated runoff. 01560-2of3 07/2006 CITY OF PEARLAND FILTER FABRIC FENCE C Trench in the toe of the filter fabric fence with a spade or mechanical trencher as shown on the Plans. 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 filter fabric fence systems after each ► ainfall, 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. END OF SECTION 01560-3of3 07/2006 CITY OF PEARLAND REINFORCED FILTER FABRIC BARRIER Section 01561 REINFORCED FILTER FABRIC BARRIER 1.0 GENERAL 1.01 SECTION INCLUDES A Installation of reinforced filter fabric barrier to control erosion and contain sediments and pollutants in channel►zed flow areas. g References to Technical Specifications: 1. Section 01200 — Measurement & Payment Procedures 2. Section 01350 — Submittals 3. Section 01566 — Source Controls for Erosion & Sedimentation C Referenced Standards: 1. American Society for Testing and Materials (ASTM) a. ASTM D 3786, ' Standard Test Method for Hydraulic Bursting strength of Textile Fabrics' b. ASTM D 4632, Standard Test Method for Grab Breaking Load and Elongation of Geotextiles" 1.02 MEASURMENT AND PAYMENT A Measurement for reinforced filter fabric barn ier is on a linear foot basis between the limits of the beginning and ending fence posts, measured, accepted, and complete in place. g 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 and replacement of damaged sections, removal of sediment deposits, and removal of erosion and sediment control systems at the end of construction.. C Refer to Section 01200 — Measurement & Payment Procedures. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. g Manufacturer's catalog sheets and other product data on geotextile fabric. 01561-1of3 07/2006 CITY OF PEARLAND REINFORCED FILTER FABRIC BARRIER 2.0 PRODUCTS 2.01 FILTER FABRIC A Provide woven or nonwoven geotextile filter fabric made of either polypropylene, polyethylene, ethylene, or polyamide material. B By ASTM - D4632, geotextile fabric shall have a grab strength of 100 psi in any principal direction, a Mullen burst strength exceeding 200psi by ASTM - D3786, and the equivalent opening size between 50 and 140. C Filter fabric shall contain ultraviolet inhibitors and stabilizers to provide a minimum of 6 months of expected usable construction life at a temperature range of 0 degrees F to 120 degrees F. D Representative Manufacturer: Mirafi, Inc., or equal. 2.02 FILTER FABRIC REINFORCEMENT A Provide woven galvanized steel wire fence with minimum thickness of 14 gauge and a maximum mesh spacing of 6 inches. g Welded wire shall be galvanized, 2-inch by 4-inch, welded wire fabric, 12''A gauge. 2.03 EXECUTION 2.04 PREPARATION A Provide erosion and sediment control systems at the locations shown on Plans. Such systems shall be of the type indicated and shall be constructed in accordance with the requirements shown on the Plans and specified in this Section. B Erosion and sediment control measures shall be in place prior to the start of any Work that exposes the soil, other than as specifically directed by the Engineer to allow soil testing and surveying. C Regularly inspect and repair or replace damaged components of filter fabric barrier. Unless otherwise directed, maintain the erosion and sediment control systems until the Work is accepted by the Owner. Remove erosion and sediment control systems promptly when directed by the Engineer. Discard removed materials in accordance with Section 1562 — Waste Material Disposal. D Conduct all construction operations under this Contract in conformance with the erosion control practices described in Section 01566 — Source Controls for Erosion & Sedimentation. 01561 -2of3 07/2006 CITY OF PEARLAND 2.05 INSTALLATION A Install reinforced filter fabric barriers for erosion and sediment control used during construction and until the final development of the Project Site. Reinforced filter fabric barriers are used to retain sedimentation in channelized Clow areas. lan ail r B Provide reinforced filter fabric barrier systema shall se Reinforced Filter Fabric Barrier. Reinforced filter fabric barrier installed in such a manner that runoff will percolate through the system and allow sediment to be retained and accumulated. echanical C Trench in the toe of the reinforced fltefr►; ebrr fab acrier alongth a spade or the edges of the trench. trencher as shown on the Plans. Lay Backfill and compact trench. p Reinforced filter fabric barrier shall have a height of 18 inches. E Securely fasten the filter fabric to the wire with tie wires. F Provide the filter fabric in continuous rolls and cut to the length of the fence to minimize the use of joints. When lo� is are onece ands asplice se the h e fabric together only minimumat a support post with a minimum ly. y during G Inspect the reinforced titter fabricbarrier ini numrlonca each week1rainfall, Repair or replace periods of prolonged rainfall and ata m 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 REINFORCED FILTER FABRIC BARRIER 01561-3of3 07/2006 CITY OF PEARLAND WASTE MATERIAL DISPOSAL Section 01562 WASTE MATERIAL DISPOSAL 1.0 GENERAL 1.01 SECTION INCLUDES A Disposal of waste material and salvageable material. g References to Technical Specifications: 1. Section 01350 — Submittals 2. Section 01566 — Source Controls for Erosion & Sedimentation 3. Section 01600 — Materials & Equipment 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Obtain and submit applicable permits for proposed disposal sites. C Submit a Waste Material Disposal Plan. D Submit a copy of written permission from property owners, along with a description of the property, prior to disposal of excess matei ial adjacent to the Project Site. Submit a written and signed release fiom property owner upon completion of disposal work. City of Pearland requires individual fill placement permits for all fill placed within the City limits. 1.04 WASTE MATERIAL DISPOSAL PLAN A Contractor shall formulate and implement a plan for the collection and disposal of waste materials on the Project Site which includes the following information: 1. Schedule for collection and inspection. 2. Location of trash and waste receptacles. 3. Provisions for liquid waste and potential water pollutants material. B The plan shall comply with applicable federal, state, and local health and safety regulations and Section 01566 — Source Controls for Erosion & Sedimentation. 2.0 PRODUCTS - NotUsed 01562- 1 of3 07/2006 WASTE MATERIAL DISPOSAL CITY OF PEARLAND 3.0 EXECUTION 3.01 SALVAGEABLE MATERIAL A Excavated material: When indicated on Plans, to d,mis of Projecand t Site deposit excavated material at a Location or locations outside the g Base, surface, and bedding material: Deliver gasphaltic . ord othery the base and surfacing material designated for salvage to tho location des C Pipe culvert: Deliver culverts designated for salvage to Owner's storage area. p Other salvageable materials: Conform to requirements of individual Technical Specifications. E Coordinate delivery of salvageable material with Engineer. p When temporary, on -site storage of salvaged materials is required, comply with applicable provisions of Section 01600 — Materials & Equipment. 3.02 SEDIMENT DISPOSAL A Remove sediment deposits and dispose of them at on the Plansthe designated dispose of sediment off site at a oil site for the Project. If a spoil site is not designated location not in of adjacent to a stream or floodplain. g Off -site disposal is the responsibility of the Contractor. should e spread evenly ut the C Sediment to be placed at the Project Sedimenbt shall not be allowed to flush intodesignated area, compacted and stabsized a stream or drainage way. p If sediment has been contaminated, it shall be disposed of in accordance with existing federal, state, and local rules and regulations. 3.03 EXCESS MATERIAL, WASTE, AND EQUIPMENT A Vegetation, rubble, broken concrete, debris, sphalltic concrete beeome the property oaf Contractor or excess soil, and other materials not designated forsalvage, and shall be removed from the Project Site and legally disposed of. g Dispose of removed equipment, materials, waste and debris in a manner conforming to applicable laws and regulations C Excess soil may be deposited on private property adjacent to the Project Site when written permission is obtained fiom property owner under the provisions of this Section, 1.04D. 01562-2of'3 07/2006 CITY OF PEARLAND WASTE MATERIAL DISPOSAL D 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. E Waste materials shall be removed from the site on a daily basis, such that the site is maintained in a neat and orderly condition. F No materials shall be disposed in a manner to damage the Owner in any way. END OF SECTION 07/2006 01562-3of3 CITY OF PEARLAND TREE AND PLANT PROTECTION Section 01563 TREE AND PLANT PROTECTION 1.0 GENERAL 1.01 SECTION INCLUDES A Tree and plant protection. g References to Technical Specifications: None 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 PROJECT CONDITIONS A Preserve and protect existing dgIt from contrees and plants to remain from struction operations. foliage, branch, trunk, or root damage that could g Prevent following types of damage: 1. Compaction of root zone by foot or vehicular traffic, or material storage. 2. Trunk damage from equipment operations, mate' ial 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: Cutting or altering natural water migration patterns near root zones. Failure to provide adequate watering. 7. Damage from alteration of soil pH factor caused by depositing lime, concrete plastei or other base materials near roots. 8. Cutting feeder of roots or roots larger than 1-1/2 inches in diameter. C. Confine Work activities to the identified Work Zone Right of Way oi Easement as described in SECTION 01140, CONTRACTOR'S USE OF PREMISES, Limits of Construction 1.04 DAMAGE ASSESSMENT A 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. Trees 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 01563-1of4 07/2006 CITY OF PEARLAND TREE AND PLANT PROTECTION 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. B All necessary tree replacements shall be as approved by Engineer/Urban Forester. 2.0 PRODUCTS 2.01 MATERIALS A Asphalt paint: Ernulsified asphalt or other adhesive, elastic, antiseptic coating formulated for horticultural use on cut or injured plant tissue, free from kerosene and coal creosote. B Burlap: Suitable for use as tree wrapping. C Fertilizer: Liquid containing 20 percent nitrogen, 10 percent phosphorus, and 5 percent potash. 3.0 EXECUTION 3.01 PROTECTION AND MAINTENANCE OF EXISTING TREES AND SHRUBS A Except for trees and shrubs shown on Plans to be removed, all trees and shrubs within the Project Site area are to remain and be protected from damage. B For designated trees to be removed, 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 a minimum of 48-hours notice in writing to the Engineer of intent to begin felling operations. 3. Trees whose trunks are only partially 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. Trees and shrubs requiring pruning for construction should also be pruned for balance as well as to maintain proper form and branching habit. Cut limbs at branch collar. No stubs should remain on trees Branch cuts should not gouge outer layer of tree structuie or trunk. 2. Use extreme care to prevent excessive damage to root systems. Roots in construction areas will be cut smoothly with a trencher before excavation begins. Do not allow ripping of roots with a backhoe o1 other equipment. Temporarily cover exposed roots with wet burlap to prevent roots from drying out. Cover exposed roots with soil as soon as possible. 3. Prevent damage or compaction of root zone (area inside dripline) by construction activities. 07/2006 01563-2of4 CITY OF PEARLAND TREE AND PLANT PROTECTION Do not allow scarring of trunks or limbs by equipment or other means. Do not store construction materials, vehicles, or excavated material inside dripline of trees. Do not pour liquid materials inside dripline. 4. Water and fertilize trees and shrubs that will remain to maintain their health dui ing construction period. Supplemental Ovate► ing of landscaping during e rainfall and a weekuction a bmonths e done once a week in months receiving average receiving below average rainfall. This watering shall consist of saturating soils at least 6 to 8 inches beneath surface. s 5. Water areas currently being served by private sprinkler systems while p systems are temporarily taken out of service to maintain health of existing landscapes. 6. At option theContractor rbe temporarily transpe lanted and ereturned to original shrubs to remainy positions under supervision of professional horticulturist. 3.02 PROTECTIVE CONTROLS A Protection of trees or shrubs in open area: approximately 8 feet on 1. Install steel drive-in fence posts in protective circle, app' Y center, not closer than 4 feet to trunk of tees or stems of shrubs. 2. Drive steel drive-in fence posts 3 feet minimum into ground, leaving 5 feet minimum above ground.. 3. For trees or shrubs in paved areas, use moveable posts constructed from concrete -filled steel pipe 2-1/2 inches minimum in diameter mounted in rubbe► auto tires filled with concrete. 4. Mount steel hog -wire on posts. 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 4's or 2 x 6's (5footto6-foot oolengf ths) vertically, spaced 3 inches to 5 inches apart around circumference nk. 3. Tie in place with 12 to 9 gage steel wire. 3.03 MAINTENANCE OF NEWLY PLANTED TREES A Water newly planted trees adequately to maintain and support healthy plants. B The Contractor guarantees that trees planted for this Work 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. 01563-3of4 07/2006 CITY OF PEARLAND 2. When tree must be replaced, the guarantee period for that tree shall begin on date of replacement of tree, subject to the Owner's inspection, for no less 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. 07/2006 TREE AND PLANT PROTECTION END OF SECTION 01563-4of4 CITY OF ?EARLAND CONTROL OF GROUND WATER AND SURFACE WATER Section 01564 CONTROL OF GROUND WATER AND SURFACE WATER 1.0 1.01 GENERAL SECTION INCLUDES A 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 flood waters. C Disposing of removed water. D References to Technical Specifications: 1. Section 01200 — Measurement & Payment Procedures 2. Section 01350 — Submittals 3. Section 01570 — Trench Safety Systems 4. Section 01565 — TPDES Requirements 5. Section 01566 — Source Controls for Erosion & Sedimentation E Referenced Standards: 1. Occupational Safety and Health Administration (OSHA) 2. Texas Commission on Environmental Quality (TCEQ) 3. Code of Ordinances, City of Pearland, Texas 4. Water Well Drillers and Pump Installers Advisory Council (WWD/P1) F Definitions: 1. Ground Water Control Systems - installations external to the excavation such as well points eductors or deep wells. Ground water control includes dewatering and depressurization. a. Dewatering - lowering the water table and intercepting seepage which would otherwise emerge from slopes of 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. Depressurization �adrmt7on in alone1eaol�s equired toric ire previentnfailurenot or controlled by de b heaving of excavation bottom. 2. Surface Water Control - diversion and drainage of surface water runoff and Lain water away from the excavation. 3. Excavation Drainage - keeping excavations free of surface and seepage water. 07/2006 01564-1of8 CITY OF PEARLAND CONTROL OF GROUND WATER AND SURFACE WATER 1.02 MEASUREMENT AND PAYMENT A Measurement for and control of ground water for open cut pipe excavations shall be on a linear foot basis and shall not exceed the length of open cut pipe installation in the area requiring ground water control. B Unless indicated as a Bid Item, no separate payment will be made for control of ground water for any condition(s) other than those described in this Section, 1.02A. No separate payment will be made for control of surface water. Include the cost to control non -pipe excavation ground water and surface water in price for Work requiring such controls. C Refer to Section 01200 — Measurement & Payment Procedures. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Submit a Ground Water and Surface Water Control Plan for review by the Engineer prior to start of any field work. The plan shall be signed by a Professional Engineer registered in the State of Texas. The plan shall 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 desci iption of proposed monitoring and control system indicating depths and locations of piezometers and monitoring 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. 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 piezorneters and monitoring wells. 01564-2of8 07/2006 CITY OF PEARLAND CONTROL OF GROUND WATER AND SURFACE WATER 3. Baseline analytical test data of water from monitoring wells. 4. initial flow rates. p 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 this Section, 3.02 "Requirements for Eductor, Well Points, or Deep Wells". 2. Maintenance records for ground water control installations, piezometers, and monitoring wells. E Submit the following records end of the Work. Decommissioning b reports for monitoringWes and Piezomete installed by other during the design phase and left for Contractor's monitoring and use 1.04 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 system, compatible with the requirements of OSHA Standards - 29 CFR Part 1926, and Section 01570 - Trench Safety Systems of these Technical Specifications, to produce the following results: 1. Effectively reduce the hydrostatic pressute 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. condition, or softening of the 4. Prevent the loss of fines, seepage, boils, quick 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. p Provide drainage of seepage water and surface water, as well as water from any other source entering the excavation. Excavation drainage may include placement of drainage materials, such as crushed stone and filter fabric, together with sump 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 so as not to interfere with utilities, construction operations, adjacent properties, or adjacent water wells. 01564-3of8 07/2006 CITY OF PEARLAND CONTROL OF GROUND WATER AND SURFACE WATER 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. 1 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. 1.05 ENVIRONMENTAL REQUIREMENTS A Comply with requirements of agencies having jurisdiction. B Comply with TCEQ regulations and WWD/P1 Advisory Council for development, drilling, and abandonment of wells used in dewatering system. C Obtain permit from TCEQ under the Texas Pollutant Discharge Elimination System (TPDES), for storm water discharge from construction sites. Refer to Section 01565 — TPDES, 3.02 "Certification 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. F Implement control of ground and surface water under the provisions of Section 01566 — Source Controls for Erosion & Sedimentation. 2.0 PRODUCTS 2.01 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 07/2006 01564 - 4 of 8 CITY OF PEARLAND CONTROL OF GROUND WATER AND SURFACE WATER of the Engineer through Submittals required in Section 01350 — Submittals, 1.06 "Operations and Maintenance Data". B Eductors, well points, or deep wells where used, d,en must be furnished, ater installed and trol operated by an experienced contractor regularly g system design, installation, and operation. water C Equipment and instrumentation for monitoring and control d devicesthe,guou d flow mete of system includes piezomete►s and monitoring w for observing and recording flow rates. p All equipment must be in good repair and operating order. E Sufficient standby equipment and materials shall be kept available to ensure continuous operation, where required. 3.0 EXECUTION 3.01 GROUND WATER CONTROL A Perform a subsurface investigation by a°ai�etegs as for design ands necessary to anstall t n of ground water bearing layers, piezometr►c pressures, and soil pmine the water control systems. Perform pump aee s' ►tThenecessary resultsoshallrbe drawdown indo he characteristics of the water bearing, y Ground Water and Surface Water Control Plan. Refer to this Section, 1.03B B Provide labor, material, equipment, technguesW and constrds to ct►ononethods and site wer, control and handle ground water in a manner compatible 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 eld Plan. Notify Engineer in writing of any changes made revised drawings oandc a►lcula ionsate twith conditions and changes to the Work. Provide such notification. p Provide for continuous system operation including nights, weekends, and hoi idays. Arrange for appropriate backup if electrical power is primaryenergy o or dewatering system E Monitor operations to verify that the system lowers resulting `rota stable subgradels for at a rate required to maintain a dry excavation prosecution of subsequent operations. elow excavation, F Where hydrostatic pressures in confineda rlift or otheri nstabilituy of excavation or depressurize those zones to eliminate risk of p installed works. Allowable piezometric elevations shall be defined in the Plan. G Maintain water level below subgrade elevation. Do not allow levels to rise until foundation concrete has achieved design strength. 01564-5of8 07/2006 CITY OF PEARLAND CONTROL OF GROUND WATER AND SURFACE WATER 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. ► 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 u nderground drainage system may be reduced, such as for units designed to withstand hydrostatic uplift pressure. Provide a means of draining the affected portion of u nderground system, including standby equipment. Maintain drainage system during o perations 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. 3.02 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 bearing 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 Contracto►'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 and Surface Water Control Plan are satisfied. 07/2006 01564-6of8 CITY OF PEARLAND CONTROL OF GROUND WATER AND SURFACE WATER E Replace installations that produce noticeable amounts of sediments after development. the s in the F Provide additional ground water control installations►oater and Sr urfiace WaterdControl event that the installations according to the Ga by Plan do not provide satisfactory results based Plan according to thison the performance ►Section,►1 03A the Plan and by this Section Submit a revised G Mechanical dewatering equipment shall comply with Chapter 19 NOISE, Code of Ordinances, City of Pearland, Texas. 3.03 EXCAVATION DRAINAGE A Contractor may use excavation drainage methods af nece essarconsist to acofhieve the follow well drained, ng stable tench conditions. The excavation drainage methods or combination of methods: 1. Sump pumping in combination with: a. Layer of crushed stone and filter fabric. b. Sand and gravel drains. 2. Wells for ground water control. and a drainage layer, as defined in ASTM D 2321, placed on the g Use sump pumping foundation beneath pipe bedding or thickened bedding layer of Class I materia . 3.04 MAINTENANCE AND OBSERVATION A Conduct daily maintenance and observation e ating inlan aheawile the ground water control installations or excavation drainage are op Keep system in good operating condition. g 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 areasion proce eeds. piping is exposed, only as necessary to perform observation as ontinuto maintain and make observations, as specified. p Remove and grout piezometers inside oi outside the excavation area when ground wate► control operations are complete. Remove and grout monitoring wells when directed by the Engineer. 3.05 MONITORING AND RECORDING A Monitor and record average flow rate of operation r each ldo deep for anf record r for each wellpoint of eductor header used in dewa gsystem. water level and ground water recovery. These records shall be obtained daily until steady conditions are achieved, and twice weekly thereafter 01564-7of8 07/2006 CITY OF PEARLAND CONTROL OF GROUND WATER AND SURFACE WATER 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 requited. Comply with Engineer's direction for increased monitoring and recording and take measures as necessary to ensure effective dewatering for intended purpose. 3.06 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. C Provide additional surface water control measures or change the methods in the event that the measures according to the Ground Water and Surface Water Control Plan do not provide satisfactory results based on the performance criteria defined by the Plan and by this Section. Submit a revised Plan according to this Section, 1.03B. END OF SECTION 07/2006 01564 - 8 of CITY OF PEARLAND Section 01565 TPDES REQUIREMENTS TPDES REQUIREMENTS 1.0 GENERAL 1.01 SECTION INCLUDES A Description of the required documentation to be prepared and signed by the Contractor before conducting construction operations, in accordance with the terms and conditions of the Texas Pollutant Discharge Elimination System (TPDES) General Permit as issued March 5, 2003 by the Texas Commission on Environmental Quality under the provisions of Section 402 of the Clean Water Act and Section 26 040 of the Texas Water Code. B Contractor's responsibility for implementation, naintenance, 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 Plans or specified elsewhere in this or other Technical Specifications. C References to Technical Specifications: 1. Section 01350 — Submittals 2. Section 01310 — Coordination & Meetings 3. Section 01770 — Contract Closeout p Referenced Standards: 1. Texas Commission on Environmental Quality (TCEQ) E Other References: 1. Storm Water Pollution Prevention Plan (SWPPP) found in Appendix A of these Technical Specifications. 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 2.0 PRODUCTS - NotUsed 01565-1of3 07/2006 CITY OF PEARLAND TPDES REQUIREMENTS 3.0 EXECUTION 3.01 REQUIRED NOTICES A The Contractor shall complete, sign and date the Contractor's Notice of Intent (NOI) attached in Appendix A. The signed copy of the Contractor's NOI shall be ieturned to the Owner. The Owner will complete the Owner's Notice of Intent attached in Appendix A and will submit both notices to the TCEQ Submission of the NOI is required by both the Owner and the Contractor before construction operations start. B Upon completion of construction and acceptance of the Work by the Owner, the Contractor shall complete, sign, and date the Contractor's Notice of Termination (NOT) attached in Appendix A. 3.02 CERTIFICATION REQUIREMENTS A On the Operator's Information form attached in Appendix A the Contractor shall complete 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 in Appendix A and provide a copy to the Contractor for inclusion with othei project certification forms. C The Contractor and Subcontractors named in the Contractor's Information form shall read, sign, and date the Contractor's/Subcontractor's Certification form, attached in Appendix A. 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 in Appendix A. E The Contractor's Information form and all certification forms shall be submitted to the Owner before beginning construction. F Contractor shall review implementation of the SWPPP in a meeting with the Owner and Engineer prior to start of construction in accordance with Section 01310 — Coordination & Meetings. 3.03 RETENTION OF RECORDS A The Contractor shall keep a copy of the SWPPP at the Project Site or at the Contractor's office from the date that it became effective to the date the Work is accepted by the Owner. B At Contract Closeout, the Contractor shall submit to the Owner all TPDES forms and certifications, as well as a copy of the SWPPP, in accordance with Section 01770 — Contract Closeout. The SWPPP records and data will be retained by Owner for a period of 3 years from the date the Work is accepted by the Owner 07/2006 01565-2of3 TPDES REQUIREMENTS CITY OF PEARLAND 3.04 POSTING OF NOTICES goes into effect A The following notices shall be posted from the date that this SWPPP until the date the Work is accepted by the Owner 1 _ Copies of the Notices of Intent submitted by ti� eOwner and conductedg atthe drfor and t a brief Description of Construction Ac y Site, as given in Article 1 of the SWPPP, shall ep ostedblicvat theiewinProject Site or at Contractor's office in a ptomine place f2. Notice to drivers of equipment and vehicles, driving onto traffic lanes. tostoposteck, and clean tires of debris and mud before such notices at every stabilized construction exit area 3. In an easily visible location on Project Site, post a notice of waste disposal procedures. 4. Notice of hazardous material handling and emergency procedures shall be posted with the NOI on Project Site. Keep copies of Material Safety Data Sheets at a location oProject all signed certification at the Project Site or at personnel. 5. Keep a copy of each Contractor's office. END OF SECTION 01565-3or3 07/2006 CITY OF PEARLAND SOURCE CONTROLS FOR EROSION AND SEDIMENTATION Section 01566 SOURCE CONTROLS FOR EROSION AND SEDIMENTATION 1.0 GENERAL 1.01 SECTION INCLUDES A Descriptions of measures and practices, in response to TPDES General Permit TXR 150000, which shall be used on the Work to eliminate or significantly minimize pollutants in discharges into Surface Water in the State by controlling erosion and sediments at their source. B References to Technical Specifications: 1. Section 01550 — Stabilized Construction Exit 2. Section 01562 — Waste Material Disposal 3. Section 01500 — Temporary Facilities and Controls C Definitions: 1. Potential Water Pollutant - any substance that could potentially altei the physical thermal, chemical, or biological quality of the Surface Water in the State, rendering the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to public health, safety o► welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose. 1.02 MEAUSREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Wo►k is a component. 2.0 PRODUCTS - Not Used 3.0 EXECUTION 3.01 PREPARATION AND INSTALLATION A Contractor shall conduct all construction operations under this Contract in conformance with the erosion control practices described in the Plans and this Technical Specification. B Erosion and sediment control measures shall be in place prior to the start of any Work that exposes the soil, other than as specifically directed by the Engineer to allow soil testing and surveying. C The Contractor shall install maintain, and inspect erosion and sediment control measures and practices that operate effectively and as specified in the Plans and in this or other Technical Specifications. 07/2006 01566- 1 of5 CITY GE PEARLAND SOURCE CONTROLS FOR EROSION AND SEDIMENTATION D Equipment and vehicles shall be prohibited ioor dedicated lright� of -way and easements r from maneuvering on areas outside of the limits of construct Damage caused by construction traffic to erosion and sediment control systems shall be repaired immediately by the Contractor. ng E The Contractor shall be responsible for collecting, sto i g, utmg from ling, and isposi and of spoil, silt, waste materials and contaminated sediment control measures as specified in this orotherruleshnan►c l Spl ct icat►ons and in compliance with applicable federal, state andlocal 3.02 EXPOSED SOIL A When soil is exposed as a result of clearing, grading, excavating, stockpiling, or other soil disturbing activities, the Contractor shall implement measures to effectively control erosion and prevent the escape of sediments from the Project Site. B Control measures may include the following practices: 1. Preserve existing vegetation to the extent possible. 2. Construct drainage swales, berms, or sediment basins. 3. Maintain grades to minun�nathe mfiltrationvelocity of storm water et flow direcver tlyi disturbedo areas and promote evaporation ground. 4. Install filter fabric fences or barriers, sediment traps, seepage basins, gabions, or storm drain inlet protection devices. 5. Utilize vegetative buffer strips, mulching, or riprap C When the placement of topsoil, bank sand, or other soilim matero ial is specified, loosen,after tan area has been brought to grade and immediately p he subgrade discing or by scarifying to a depth of at least 2 inches to permit bonding to the subsoil. sh a al D When all soil disturbing activities have eavednco completed, ed by permabnent structures, s,►or vegetative cover on all areas that are notp otherwise permanently stabilized. 3.03 DUST CONTROL A Implement control measures to minimize and movement receiving streams or sites and roads and to prevent airborne sediment from reaching storm water conveyance systems, toreduce on-site and off -site damage, to prevent health hazards, and to improve trafficdy. B Control blowing dust by using one or more of the following measures: 1. Mulches bound with chemical binders. 2. Temporary vegetative cover. 3. Tillage to roughen surface and bring clods to the surface. 4. In igation by water sp► inkling. 5. Bat r►ers using solid board fences, burlap fences, crate walls, bales of hay, or similar materials. 01566-2of5 07/2006 CITY OF PEARLAND SOURCE CONTROLS FOR EROSION AND SEDIMENTATION C implement dust control measures immediately whenever dust can be observed blowing on the Project Site. 3.04 DEMOLITION AREAS A Demolition activities which create large amounts of dust with significant concentrations of heavy metals or other potential water pollutants shall use methods described in this Section, 3.03 "Dust Control", to limit transport of airboi ne pollutants. However, water or slurry used to control dust contaminated with heavy metals or potential water pollutants shall be retained on the Project Site and shall not be allowed to run directly into watercourses or storm water conveyance systems by the appropriate use of control measures described in this Section. Methods of ultimate disposal of these materials shall be carried out in accordance with applicable local, state, and federal health and safety regulations. 3.05 SEDIMENT TRACKING A Minimize off -site tracking of sediments and the generation of dust by construction vehicles, keeping the streets clean or construction debris and mud, by implementing one or more of the following control measures: 1. Restrict all ingress and egress to stabilized construction exits. 2. Stabilize areas used for staging, parking, storage or disposal. 3. Stabilize on -site vehicle transportation routes. 4. Remove mud and other debris, washing if necessary, from vehicles prior to entrance onto public roadways from the Project Site. 5. Maintain grade to minimize the occurrence of mud on the Project Site. B Construct stabilized construction areas under the provisions of Section 01550 — Stabilized Construction Exists. C In addition to Stabilized Construction Exits shovel or sweep the pavement to the extent necessary to keep the street clean Water -hosing or sweeping of debris and mud off of the street into adjacent areas is not allowed. 3.06 EQUIPMENT MAINTENANCE AND REPAIR A Control equipment maintenance and repair so that oils, gasoline, grease, solvents, and other potential water pollutants cannot be washed directly into receiving streams or storm water conveyance systems. B Control measures may include the following practices: 1. Confine maintenance and repair of construction machinery and equipment to areas specifically designated for that purpose. 2. Provide these areas with adequate waste disposal receptacles for liquid as well as solid waste. 3. Clean and inspect maintenance and repair areas daily. 4. Stabilize the area with coarse aggregate. 5. Maintain grade to prevent surface water from flowing over the area. 07/2006 01566-3of5 CITY OF PEARLAND SOURCE CONTROLS FOR EROSION AND SEDIMENTATION 6. Place plastic matting, packed clay, tar paper, or other impervious material to prevent contamination of soil in the area. 7. isolate areas of contaminated soil or other materials to facilitate proper removal and disposal. C Where effective control measures are not feasible, equipment shall be taken off -site for maintenance and repair. • 3.07 WASTE COLLECTION AND DISPOSAL A Conduct operations in conformance with the plan provided in Section 01562 — Waste Material Disposal and utilize such control measures, described in this Section, as may be necessary to eliminate or significantly reduce the discharge of possible water pollutants from the Project Site as a result of waste collection and disposal. B Keep receptacles and waste collection a► eas 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. 3.08 WASHING AREAS A Vehicles such as concrete delivery trucks or dump trucks and other construction equipment shall not be washed locations r �w a irectly into a watercourse or storm waterconveyance systewhere Preventative measures may include the following practices: 1. Designate special areas for washing vehicles. 2. 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. 3. Beneath wash areas construct a gravel or rock base to minimize mud production. B Construct washing areas under the provisions of Section 01550 — Stabilized Construction Exists. 3.09 STORAGE AND USAGE OF POTENTIAL WATER POLLUTANTS A Store and use potential water polunt�c ds, caustics, such as ►and otheres fertilizers, toxic substances in istillate fuels, lubricants, solvents, cements paints, accordance with manufactu►ers' guidelines, Material Safety Data Sheets, and with local, state, and federal regulations. ened or used such at B isolate these substances in areasunoff from the Project here they are to be ►S�e�pP Preventative measures they will not cause pollution of may include the following practices: l . Stabilize the area with coarse aggregate. 2. Store containers on ►aised platforms. 01566-4of5 07/2006 CITY OF PEARLAND SOURCE CONTROLS FOR EROSION AND SEDIMENTATION 3. Place plastic matting, packed clay, tar paper, or other impervious material to prevent contamination of soil in the area. 4. Provide protective cover or weather proof enclosure. 5. Minimize accidental spillage. 6 Keep containers tightly closed. 7 Periodically inspect containers for leakage. 8 Maintain grade to prevent surface water from flowing over the area. 9 Provide berms filter fabric fences or barriers, or sediment basins. 10. Designate washing areas for containers and other items that have come in contact with potential water pollutants. C Avoid overuse of substances such as pesticides and fertilizers which could produce contaminated runoff 3.10 SANITARY FACILITIES A Provide the Project Site with adequate portable toilets for workers in accordance with Section 01500 —Temporary Facilities and Controls, and applicable health regulations. B Control areas where sanitary facilities are located so that sewage or chemicals will not be washed directly into receiving streams or storm water conveyance systems by using one or more of the following measures. 1. Inspect the facilities daily. 2. Service the facilities as often as necessary to maintain cleanliness and prevent overflows. 3. Stabilize the area with coarse aggregate 4. Maintain grade to prevent surface water from flowing over the area END OF SECTION 07/2006 01566-5of5 CITY OF PEARLAND Section 01570 TRENCH SAFETY SYSTEM TRENCH SAFETY SYSTEM 1.0 GENERAL 1.01 SECTION INCLUDES Trench safety system for the construction of trench excavations. on of Trench safety system for excavation of utilities, state, or'local excavation safety embankment which fall under provisions of federal, laws. C References to Technical Specifications: 1. Section 01200 — Measurement & Payment Procedures 2. Section 01350 — Submittals p Referenced Standards: 1. Occupational Safety and Health Administration (OSHA) A B g Definitions: 1. Trench. A narrow excavation (in relation to its depth) made below the surface of the ground. In general, the depth is greater than the width, but the width of a trench (measured at the bottom) is not greater than 15 feet. 2. Trench safety system requirements nstallations I inns the space betweenstheif he erection of structures or other excavation slope and the installation to dimensions equivalent to a trench as defined. 3. Trench safety systems include both Protective Systems and Shoring Systems but are not limited to sloping, sheeting, trench boxes or trench shields, slide rail systems, piliprovideng, bbracing, shoring, dewatering or diversion of Ovate r a. Protective System A method of protecting employees from cave-ins, from material that could fall or roll from an excavation face or into an excavation, or from the collapse of an adjacent structure. an b. Shoring System. A structure, which supports the ins maintain table soil condition oor to excavation, to prevent cave prevent movements of the ground affecting adjacent installations or improvements. c. Special Shoring: A shoring system meeting Special Shoring Requirements for locations identified on the Plans. le of 4, Competent Person- one the s�rroundiis bngs or working dentifying existing and predictable hazards in wo king conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them. 01570-1of4 07/2006 CITY OF PEARLAND 1.02 MEASUREMENT AND PAYMENT A Meassafety systems used on utility excavations is on a linear foot basis, measumentred for trenchhe centerline of the ti ench. Payment for trench safety systems basis, measured along includes payment for manholes and other line structures. B Unless indicated in as a Bid Item, no separate payment will be made for shoring systems under this Section Include cost in Bid Items for trench safety systems. C If shown on the Plans and included in Section 00300 — Bid Proposal as a separate Bid Item, Measurement and Payment for Special Shoring system installation for trench excavation is on a square foot basis, measured and completed in place. D Unless indicated as a Bid Item, no separate payment will be made for trench safety systems used on structural excavations under this Section. Include cost for trench safety system used on structural excavations in applicable structure installation. E Unless indicated as a Bid Item, no separate payment will be made for trench safety systems used on roadway excavation or embankment under this Section. Include cost in applicable Sections. F Refer to Section 01200 — Measurement & Payment Procedures. TRENCH SAFETY SYSTEM 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Submit a safety plan specifically for the construction of trench excavation, excavation of utilities, excavation of structures, and embankment which fall under provisions of federal, state, or local excavation safety laws. Design the Trench Safety Plan to be in accordance with OSHA Standards - 29CFR governing the presence and activities of individuals working in and around trench excavations, and in accordance with any Special Shoring requirements at locations shown on the Plans. Include in the plan, submittal of the contact information for the Competent Person C Have Shop Drawings for trench safety systems sealed, as required by OSHA, by a Professional Engineer licensed by the State of Texas, retained and paid by the Contractor. 1.04 REGULATORY REQUIREMENTS A Install and maintain trench safety systems in accordance with the provision of Excavations, Trenching, and Shoring, OSI-IA Standards —29 CFR Part 1926, Subpart P, as amended, including Final Rule, published in the Federal Register Vol. 54, No. 209 on Tuesday, October 31, 1989. The sections that are incorporated into these Technical Specifications, by reference, include Standard 1926.650 — 652. 01570-2of4 07/2006 TRENCH SAFETY SYSTEM CITY OF PEARLAND B A reproduction of the OSHA Standards No. 209 is available 1 ble upo 9 CFR included in n brpequest to "Excavations" from the Federal Register Vol. 54, Contractors bidding on the Work. The Owner ressurnes onsible for obno �a'nbngta copy of y for the accuracy of the reproduction. The Contract P this section of the Federal Register. with C Include in the Trench Safety Program measures that seablish ti n com5 pliance of the the standard interpretation of the General Duty Occupational Safety and Health Act of 1970 Owho walk/workh atathe `ba'seplof oyern must shore or otherwise protect employees embankment from possible collapse." Safety D Legislation that has been enacted by thee State nio these specifiTexas with cattons.rUndelrrexas Systems is hereby incorporated, by refer Statutes, refer to Chapter 756 of the Health and Safety Code, SUBCHAPTER C. TRENCH SAFETY. E Reference materials, if developed for this Work, will be issued by the Engineer along with the Bid Documents, including the following: 1. Geotechnical information obtained for use in design of the trench safety system 2. Special Shoring Requirements. 1.05 INDEMNIFICATION A Contractor shall indemnify and hold less thewithouOlim limitation, legal fees, court t costs, from any and all damages costs(including, 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. g Contractor acknowledges and agrees negligent eitherbyactor omission inproviding fort this tindemnity provision provides for the Owner in case the Owner g g 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. egard to C Review of the safety program bythe, Engineer constitute approvalrby the Engineetrnor with the Contract Documents andwill relieve Contractor of obligations under state and federal trench safety laws. 2.0 PRODUCTS - Not Used 3.0 EXECUTION 3.01 INSTALLATION A install and maintain trench safety systems in accordance with provisions of OSHA Standards — 29 CFR. 01570-3of4 07/2006 CITY OF PEARLAND TRENCH SAFETY SYSTEM B Specially designed trench safety systems shall be installed in accordance with the Contractor s trench excavation safety program for the locations and conditions identified in the program. C Install Special Shoring at the locations shown on the Plans. D Obtain verification from a Competent Person, defined in this Section and as identified in the Contractor's Trench Safety Program, that trench boxes and other pre - manufactured systems are certified for the actual installation conditions. 3.02 INSPECTION A Conduct daily inspections by Contractor or Contractor s independently retained consultant of the trench safety systems to ensure that the installed systems and operations meet OSHA Standards — 29 CFR and other personnel protection regulations requirements. B If evidence of possible cave-ins or slides is apparent, immediately stop work in the trench and move personnel to safe locations until necessary precautions have been taken to safeguard personnel. C Maintain a permanent record of daily inspections. 3.03 FIELD QUALITY CONTROL A Verify specific applicability of the selected or specially designed trench safety systems to each field condition encountered on the Work. END OF SECTION 07/2006 01570-4of4 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 w A. Sign Construction: Project fod ridentification gns shall Constr<�ctbe constructed post mounted of seas materials and painted 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. he D. Sign Placement: Place signs at locations as directed io by the ht CCity Pre-gi n Engineer. The City Engineer will provide sign placement 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. 01580-1 05/2007 CITY OF PEARLAND PROJECT IDENTIFICATION SIGNS 2. Single Site or Building Projects: Provide one project identification sign. 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. 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 treated wood posts, sized to fix top of sign at 6 FEET ABOVE GROUND. 2. Sign 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 3/8-inch by 5-1/2-inch button head carriage bolts to attach sign to posts. Secure with nuts and flat head washers at locations as recommended by Sign Manufacturer. c. Cover button heads with white reflective film or paint to match sign background B. Sign and Sign Header: Use medium density overlaid marine plywood minimum 1/2-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. 05/2007 01580-2 CITY OF PEARLAND res st Paint sign and sign header material white this wea her protecavedpa ntges tprior Ito weathering. Paint all sign surfaces adding any sign paint or adhesive applications. PROJECT IDENTIFICATION SIGNS D. Colors: Follow criteria established by attached Exhibit 3.0 EXECUTION 3.01 INSTALLATION A. Install project identification signs within 10 calendar days after Date of Commencement. uction B. Erect signs where designated t b03the of this Sectione Pos tionthe thersignnnrsuch a Meeting or as describe p 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 a minimumof 30 inches concrete below etogirade in 10-inch diameter porthole. Stabilize posts with sharp for mounting of teral motion. Leave a minimum of 8 feet of post above existing grade the sign and header. E. Erect sign so that the top edge of the sign, is no higher than 6 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 05/2007 01580-3 CITY OF PEARLAND PROJECT IDENTIFICATION SIGNS PROJECT IDENTIFICATION SIGN EXHIBIT SOUTHWEST ENVIRONMENTAL CENTER WASTEWATER TREATMENT PLANT EXPANSION No.11. PROJECT SCHEDULE: JULY 2007 ENGINEER: CARTER & BURGESS, INC. CONSTRUCTION COST: UNKNOWN CONTRACTOR: UNKNOWN TVPIcal4'x8'x1 N' MD 0 single soled srte sign. Installs on two 4"x4" x 8' treater! w2 C C A posts S et in sharp sand or concrete in a 10" x24" pier minimum. P6P1101 la(8IUIIL11WN 'Ili; 1001 SI M PI Ha I1KO it eta,. a n.ai : R, el N,i.utiw:l nrt.I wen a a itii a14.F as ro nm-.ittIct CLIENT APPROVAL 05/2007 01580-4 CITY OF PEARLAND MATERIAL AND EQUIPMENT Section 01600 MATERIAL AND EQUIPMENT 1.0 GENERAL 1.01 SECTION INCLUDES A Requi rements for transportation, delivery, handling, and storage of materials and equipment. B References to Technical Specifications' 1. Section 01566 — Source Controls for Erosion & Sedimentation 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment aym t will be madwork e for iaoc perfo nted under this Section. Include cost in Bid Items 1.03 PRODUCTS A Products: Means material equipment, for systems r, fabrication,the ocronvek. Dy ng oes and not include machinery and equipment used preparation, 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 n` mbero ar of m nufact reximum ers as is practical, in order to simplify spare parts ye anwinterchangeability of components. d model or tople components of the f component throughoutmthesWork.pe or application, use the same make a 1.04 TRANSPORTATION A Make arrangements for transportation, delivery, and handling of equipment and materials required for timely completion of the Work. B Transport and handle products in accordance with instructions. C Consign and address shipping documents to the proper party giving name of Project, street number, and City. Shipments shall be delivered to the Contractor. 1.05 DELIVERY A Arrange deliveries of products to accommodate la e Construction iondelSchedule that na cause ample time to facilitate inspection prior to lengthy storage or overburden of limited storage space. 01600-1of3 07/2006 CITY OF PEARLAND MATERIAL AND EQUIPMENT B Coordinate deliveries to avoid conflict with Work and conditions at the Project Site and to accommodate the following• 1. Work of other contractors or the Owner. 2. Limitations of storage space. 3. Availability of equipment and personnel for handling products. 4. Owner's use of premises. C Have products delivered to the Project Site in manufacturer's original, unopened, labeled containers D Immediately upon delivery, inspect shipment to assure: 1. Product complies with requirements of Contract Documents. 2. Quantities are correct. 3. Containers and packages are intact; labels are legible. 4. Products are properly protected and undamaged. 1.06 PRODUCT HANDLING A Coordinate the off-loading of materials and equipment delivered to the Project Site. If necessary to move stored materials and equipment during construction, Contractor shall relocate materials and equipment at no additional cost to the Owner. B Provide equipment and personnel necessary to handle products, including those provided by the Owner, by methods to prevent damage to products or packaging. C Provide additional protection during handling as necessary to prevent breaking scraping, marring, or otherwise damaging products or surrounding areas. D Handle products by methods to prevent over bending or overstressing. E Lift heavy components only at designated lifting points. F Handle ►materials and equipment in accordance with Manufacturer's recommendations. G Do not drop, roll, or skid products off delivery vehicles. Hand carry or use suitable materials handling equipment 1.07 STORAGE OF MATERIAL A Store and protect materials in accordance with manufacturer's recommendations and requirements of these Technical Specifications. Control storage of potential water pollutants in conformance with Section 01566 — Source Controls for Erosion & Sedimentation. B Make necessary provisions for safe storage of materials and equipment. Place loose soil materials, and materials to be incorporated into the Work to prevent damage to any part of the Work or existing facilities and to maintain free access at all times to all parts of the Work and to utility service company installations in the vicinity of the Work. 07/2006 01600 - 2 of 3 MATERIAL AND EQUIPMENT CITY OF PEARLAND C Keep materials and equipment neatly and compactly stored in locations that will cause a minimum of inconvenience to other contractors, public travel adjoining owners, tenants, and occupants. Arrange storage in a manner to provide easy access for inspection. p Provide adequately ventilated, watertight storage facilities with floor above ground level for materials and equipment susceptible to weather damage. E Restrict storage to areas available onthe construction site for ect Manage storage of material and equipment as shown on Plans or approvedby the ProF r. Provide off -site storage and protection when on -site storage is not adequate. G Do not use lawns, grass plots, or other private property for storage purposes without sion or written permission of the owner or other person in streets or others improvements) shalof h,be premises. Damage to lawns, sidewalks repaired or replaced to the satisfaction of the Project Manager. 11 Protect stored materials and equipment against loss or damage. 1 Store materials in manufacturers' unopened containers. � Materials delivered and stored along pre line of ivate drives and st eet cshall iossings shallcloser be kept feet to any fire hydrant Public and open. K The total length which materials may otherwise approved in writing bedtted along the route of construction at e vig by the Project any one time is 1000 lineal feet, u Manager. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - Not Used END OF SECTION 01600-3of3 07/2006 CITY OF PEARLAND PRODUCT OPTIONS AND SUBSTITUTIONS 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 pre - approved, and approved products or processes C References to Technical Specifications: 1. Section 01350 — Submittals 1.02 SUBMITTALS A Make Submittals required by this and related Sections under the provisions of Section 01350 — Submittals. 1.03 DEFINITIONS A Product: Means, materials, equipment, or systems incorporated into the Work. Product does not include machinery and equipment used for production, fabrication, conveying, and erection of the Work. Products may also include existing materials or components designated for re -use. B Process: Any proprietary system or method for installing system components resulting in an integral functioning part of the Work. For this Section, the word Product includes Processes. 1.04 SELECTION OPTIONS A Pre -approved Products: Products of certain manufacturers or suppliers are designated in the Technical Specifications as "pre -approved". Products of other manufacturers or suppliers will not be acceptable under this Contract and will not be considered under the submittal process for approving alternate products. B Approved Products: Products of certain manufacturers or suppliers designated in the Technical Specifications followed by the words "or approved equal". Approval of alternate products not listed in the Technical Specifications may be obtained through provisions of this Section and Section 01350 — Submittals. The procedure for approval of alternate products is not applicable to Pre -approved Products. C Product Compatibility: To the maximum extent possible, provide products that are of the same type or function from a single manufacturer, make or source. Where more than one choice is available as a Contractor's option, select a product which is compatible with other products already selected, specified, or in use by the Owner. 07/2006 01630- 1 of3 CITY OF PEARLAND 1.05 CONTRACTOR'S RESPONSIBILITY A Furnish information the Engineer deems necessary to judge equivalency of the alternate product. ination g Pay for laboratory testing as well as any wh►`� review tiles the►Engi peer tost makeded� a establish the equivalency between products judgment ivalent in C If the Engineer determines that an alternate product furnish oneis not lof the speoc that fled products. named the Technical Specifications, the Contractor shall 1.06 ENGINEER'S REVIEW A Alternate products may be used only if approved in writing by the Engineer. The Engineer's determination regarding acceptance of a proposed alternate product is final. by the Engineer g Alternate products will be acceptor to offer substantiaabeif the prouct is jugeaefit tot e Owner.to be equivalent to the specified product C The Owner retains the right to accept any product deemed advantageous to the Owner, and similarly, to reject any product deemed not beneficial to the Owner. 1.07 SUBSTITUTION PROCEDURE A Collect and assemble technical information applicable to the proposed product to aid in determining equivalency as related to the Approved Product specified. g Submit a written request for a product �be aafte►• theEffectiv alternate product Date of the with the product information within fouteen (14) day Agreement. C After the submittal period has expired, becomes unavailable beca ioe of conditions ducts will be considered only when a specified product beyond the Contractor's control. D Submit 5 copies of each request for alternate product approval. Include the following information: 1. Complete data substantiating compliance of proposed substitution with Contract Documents. 2. For products: a. Product identification, including manufacturer's name and address. b. Manufacturer's literature with product description, performance and test data, and reference standards. e. Samples, as applicable. d. Name and address of similar projects on which product was used and date of installation. Include the name of the Owner A►chitect/Engineer, and installing contractor. PRODUCT OPTIONS AND SUBSTITUTIONS 01630-2of3 07/2006 CITY OF PEARLAND PRODUCT OPTIONS AND SUBSTITUTIONS 3. For construction methods: a. Detailed description of proposed method. b. Shop Drawings illustrating methods. 4. Itemized comparison of proposed substitution with product or method specified 5. Data relating to changes in Construction Schedule 6. Relationship to separate contracts, if any. 7. Accurate cost data on proposed substitution in comparison with product or method specified. 8. Other information requested by the Engineer. E Approved alternate products will be subject to the same review process as the specified product would have been for Shop Drawings, Product Data and Samples. 2.0 PRODUCTS - Not Used 3.0 EXECUTION Not Used END OF SECTION 07/2006 01630-3of3 CITY OF PEARLAND Section 01720 FIELD SURVEYING FIELD SURVEYING 1.0 GENERAL 1.01 SECTION INCLUDES A Requirements for surveyors and surveys. g Procedures pertaining to survey control points and reference points. C References to Technical Specifications: 1 Section 01350 — Submittals 2. Section 01760 — Project Record Documents 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate for whichbhis Worke made ,is aocomponented under this Section. Include cost in Bid Items 1.03 QUALITY CONTROL A Conform to State of Texas laws for surveys requiring licensed surveyors. Employ a land surveyor acceptable to Engineer. 1.04 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. g Submit to Engineer the name, address, and telephone number of Surveyor before starting survey work. C Submit documentation verifying accuracy of survey work on request. 1.05 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 01760 — Project Record Documents. 1.06 EXAMINATION A Verify locations of survey control points prior to starting Work. g Notify Engineer immediately of any discrepancies discovered. 01720-1of2 07/2006 CITY OF PEARLAND FIELD SURVEYING 1.07 SURVEY REFERENCE POINTS A Control datum for survey is that established by Owner -provided survey and indicated on Plans. B Locate and protect survey control points, including property corners, prior to starting site work. Use caution to preserve permanent reference points during construction. C The Contractor shall not reset; nor cause to be reset, lost, disturbed, or damaged; control points. Promptly notify Engineer of disturbance or damage to any control point(s) D Notify Engineer 48 hours in advance of need for relocation of reference points due to changes in grades or other reasons. E Report promptly to Engineer the loss or destruction of any reference point. F Any re -staking of control points lost, disturbed or damaged by Contractor's operations will be provided by Owner at Contractor's expense. G Employ a Registered Public Land Surveyor to reset any missing, disturbed, or damaged monumentation. 1.08 SURVEY REQUIREMENTS A Utilize recognized engineering survey practices. B Establish a minimum of two permanent bench marks on Project Site, referenced to established control points. Record locations with horizontal and vertical data, on Project Record Documents. C Establish and record in survey notes elevations, lines and levels to provide quantities required for Measurement and Payment and to provide appropriate controls for the Work. Locate and lay out by instrumentation and similar appropriate means: l . Site improvements including pavements; stakes for grading; fill and topsoil placement; utility locations, slopes, and invert elevations. 2. Grid or axis for structures. 3. Mounumented Baseline. D Verify periodically layouts by same means. 2.0 PRODUCTS - NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 01720-2of2 07/2006 CUTTING AND PATCHING CITY OF PEARLAND Section 01730 CUTTING AND PATCHING 1.0 GENERAL 1.01 SECTION INCLUDES A Cutting patching and fitting of Work installation or connection of Work with access, inspection or testing g References to Technical Specifications: 1. Section 01350 — Submittals 2. Section 01630 — Product Options & Substitutions to existing facilities, or to accommodate existing facilities, or to uncover Work for 1.02 MEASURMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Submit written notice to the Engineering function�Owner operat ont to proced rnsrorowork of cutting which may affect structural integrity or design another contractor C Include the following in submittal: 1. Identification of Project 2. Description of affected Work. 3. Necessity for cutting. 4. Effect on other work and on structural integrity. 5. Include description of proposed Work: a. Scope of cutting and patching. b. Contractor, subcontractor or trade to execute Work. c. Products proposed to be used. d. Extent of refinishing. e. Schedule of operations. 6. Alternatives to cutting and patching, if any. Should conditions of Work or schedule indicate change of materials or methods, submit a written recommendation to the Engineer including: 1. Conditions indicating change. 2. Recommendations for alternative materials or methods. 3. Submittals as required for substitutions in Section 01630 — Product Options & Substitutions. D 01730 - 1 of 3 07/2006 CITY OF PEARLAND CUTTING AND PATCHING E Submit written notice to the Engineer designating time Work will be uncovered for observation. Do not begin cutting or patching operations until authorized by the Engineer. 1.04 CONNECTIONS TO EXISTING FACILITIES A Perform construction necessary to complete connections and tie-ins to existing facilities. Keep all existing facilities in continuous operation unless otherwise specifically permitted in these Technical Specifications or approved by the Engineer. B Coordinate with the Engineer, interruption of service requiring connection into existing facilities. Bypassing of wastewater or sludge to waterways is not permitted. Provide temporary pumping facilities to handle wastewater if necessary. Use temporary bulkheads (e.g., inflatable plugs) to minimize disruption. Provide temporary power supply and piping to facilitate construction where necessary. C Submit a detailed schedule of proposed connections, including shut -downs and tie-ins. Include in the submittal the proposed time and date as well as the anticipated duration of the Work. Submit the detailed schedule coordinated with the construction schedule. 1. Pi ovide specific time and date information to the Engineer 48 hours in advance of proposed Work. D Procedures and Operations: 1. The Contractor may operate existing pumps, valves and gates required for sequencing procedures only as directed by the Engineer. Do not operate any valve, gate or other item of equipment without permission of the Owner and the knowledge of the Engineer. 2. Insofar as possible, equipment shall be tested and in operating condition before final tie-ins are made to connect equipment to the existing facility 3. Carefully coordinate Work and schedules. Provide written notice to the Engineer at least 48 hours before shut -downs or by-passes are required. 2.0 PRODUCTS - NotUsed. 3.0 EXECUTION A Perform activities to avoid interference with facility operations and the Work of others in accordance with Section 00700 — General Conditions of the Agreement. B Execute cutting and patching including excavation, backfill, and fitting to: 1. Remove and replace defective Work or Work not conforming to the Plans and Technical Specifications. 2. Take samples of installed Work as required for testing. 3. Remove construction required to provide for specified alteration or addition to existing Work. 4. Uncover Work to provide for inspection or reinspection of covered Work by the Engineer or regulatory agencies having Jurisdiction. 5. Connect any Work that was not accomplished in the proper sequence to completed Work. 01730-2of3 07/2006 CUTTING AND PATCHING CITY OF PEARLAND b. 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. g. Provide openings, channels, chases and flues, if any and do cutting,patching and finishing. C Restore existing Work to a state equal better Tecthan hni al Specifications. tmg and patching. Restore new Work to standards ofthese e Work ess D Support, anchor attach, match, tt im and seal sleeveserials to insertsthhangers,o equ ed for lthe otherwise specified, furnish and install execution of the Work. in al ity and g Provide shoring, bracing and support u, crrtting and apat h ng"r Beforercutting protect adjacent Work from damageduring beams or other structural members, anchors, lintels or other supports, request written instructions from the Engineer. Follow such instructions, as applicable. END OF SECTION 01730-3of3 07/2006 CITY OF PEARLAND STARTING SYSTEMS Section STARTING 1.0 GENERAL 1.01 SECTION INCLUDES 01750 SYSTEMS A Starting systems. B Demonstration and instructions. C Testing, adjusting, and balancing. D References to Technical specifications: 1. Section 01350 — Submittals 2. Section 01430 — Contractor's Quality Control 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Submit a written report that equipment or system has been properly installed and is functioning correctly. 2.0 PRODUCTS Not Used 3.0 EXECUTION 3.01 PREPARATION Contractor shall conduct all start-up operations under this Contract in conformance with Section 01430 — Contractor's Quality Control. Coordinate schedule for start-up of various equipment and systems. Notify Engineer 7 days prior to startup of each item. Verify that each piece of equipment or system has been checked for proper lubrication, drive rotation, belt tension, control sequence, or other conditions which may cause damage E Verify that tests, meter readings, and specified electrical characteristics agree with those required by the equipment or system manufacturer. A B C D 07/2006 01750-1of2 CITY OF PEARLAND F Verify wiring and support components for equipment are complete and tested. C, Execute start-up under Contractor's supervision in accordance with manufacturer's instructions. facturer to rovide When specified in individual specificationsections, to schecic anduire eq �ipment authorized representative to be present at siteinspect, or system installation prior to and during start-up, and to supervise placing equipment or system in operation. 3.02 DEMONSTRATION AND INSTRUCTIONS Demonstrate operation and maintenance of products to Owner two weeks minimum prior to date of Substantial Completion. eview Q Utilize operation and maintenance expluals as basis ar instruction. in operation and n aintenances of manual with Owner in detailplain all aspects C n. Demonstrate start-up, operation, aoft►equipment ablagreedtuponsti nesp�t maintenance, and shutdown of each item equipment location. p Prepare and insert additional data in operations and maintenance manuals when need for additional data becomes apparent during instruction. 3.03 TESTING, ADJUSTING, AND BALANCING A Contractor shall start test, adjust, balance, and provide reports on all installed equipment as provided for in this section. n to 13 Owner may also appoint, employ and balanciay ng. for �epo is services w will beaubm independentt d bypthe perform testing, adjusting, and independent firm to the Owner indicating observations and results of the tests and indicating compliance or non-compliance with specified requirements and with the requirements of the Contract Documents. C Owner's employment of an independent firm shall not relieve the Contractor's responsibility under this section. END OF SECTION STARTING SYSTEMS H A 01750-2of2 07/2006 CITY OF PEARLAND PROJECT RECORD DOCUMENTS Section 01760 PROJECT RECORD DOCUMENTS 1.0 GENERAL 1.01 SECTION INCLUDES A Maintenance and Submittal of Record Documents and Samples. B References to Technical Specifications: 1 Section 01350 — Submittals 2. Section 01770 — Contract Closeout 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required by this and related Sections under the provisions of Section 01350 — Submittals. 1.04 MAINTENANCE OF DOCUMENTS AND SAMPLES A Maintain one copy of Record Documents at the Project Site in accordance with Section 00700 — General Conditions of Agreement, 3.02 "Keeping Plans and Specifications Accessible". B Store Record Documents and Samples in field office if a field office is requited by Contract Documents, or in a secure location. Provide files, racks, and secure storage for Record Documents and Samples. C Label each document "PROJECT RECORD" in neat, large, printed letters. D Maintain Record Documents in a clean, dry, and legible condition. Do not use Record Documents for construction purposes. E Keep Record Documents and Samples available for inspection by Engineer. 1.05 RECORDING A Record information concurrently with construction progress. Do not conceal any work until required information is recorded. B Plans Change Orders, and Shop Drawings: Legibly mark each item to record all actual construction, or "as built" conditions, including: 1. Measured horizontal locations and elevations of underground utilities and appurtenances, referenced to permanent surface improvements. 01760-1of2 07/2006 CITY OF PEARLAND 2. Elevations of underground utilities referenced to bench marks utilized for the Work. 3. Field changes of dimension and detail. 4. Changes made by modifications. 5. Details not on of iginal Plans. 6. References to related Shop Drawings and Modifications. C Record information with a red pen or pencil on a set of blue line opaque drawings, provided by Engineer. 2.0 PRODUCTS - Not Used 3.0 EXECUTION A Deliver Record Documents and Samples to Owner in accordance with Section 01770 — Contract Closeout. PROJECT RECORD DOCUMENTS END OF SECTION 01760-2of'2 07/2006 CITY OF PEARLAND CONTRACT CLOSEOUT Section 01770 CONTRACT CLOSEOUT 1.0 GENERAL 1.01 SECTION INCLUDES A Closeout procedures including final submittals such as operation and maintenance data, warranties and spare parts and maintenance materials. B References to Technical Specifications: 1 Section 01350 — Submittals 2. Section 01760 — Project Record Documents 1.02 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 1.03 CLOSEOUT PROCEDURES A Comply with Section 00700 — General Conditions of Agreement regarding Final Completion and Final Payment when Work is complete and ready for Engineer's final inspection. B Provide Record Documents under provisions of Section 01760 — Project Record Documents. C Complete or correct items on punch list, with no new items added. Any new items will be addressed during warranty period. D The Owner will occupy portions of the Work as specified in Section 00700 — General Conditions of Agreement. E Contractor shall request Final Inspection at least two weeks prior to Final Acceptance. 1.04 FINAL CLEANING A Execute final cleaning prior to final inspection. B Clean debris from drainage systems. C Clean Project Site; sweep paved areas, rake clean landscaped surfaces. D Remove waste and surplus materials, rubbish, and temporary construction facilities from the Project Site following the final test of utilities and completion of the Work. 07/2006 01770 - 1 of 2 CONTRACT CLOSEOUT CITY OF PEARLAND DATA A Submit Operations and Ma 01350 - OPERATION AND MAINTENANCE 1.05 Maintenance data under provisions of Section Submittals. j06 'WARRANTIES each warranty from Subcontractors, Suppliers, and A Provide one original of binder with durable Manufacturers. rin ID B Provide Table of Contents and assemble warranties in 3- g plastic cover. Payment. t warranties prior to Final Application for Pay C Submit Warranties shall commence of Agin accordant a nce with the requirements of Section 00700 — reement, 1.09 "Substantially Completed". D ► General Condit►ons 2.0 PRODUCTS Not Used 30 EXECUTION Not Used END OF SECTION 01770-2of2 07/2006 CITY OF PEARLAND TECHNICAL SPECIFICATIONS DIVISION 2 TECHNICAL SPECIFICATIONS DIVISION 2 SITE WORK 07/2006 CITY OF PEARLAND Section 02200 SITE PREPARATION SITE PREPARATION 1.0 GENERAL 1.01 SECTION INCLUDES A Removal of topsoil, stripping and stockpiling, clearing and grubbing. B Re►noval and disposal of waste materials, excess materials, debris and trash. C Removal of obstructions. D Excavation and fill. E Salvaging of designated item. F References to Technical Specifications: 1. Section 01200 — Measurement and Payment Procedures 2. Section 01350 — 3. Section 01450 4. Section 01500 — 5. Section 02255 — 6. Section 02330 — 7. Section 01140 — Submittals Testing Laboratory Serv►ces Temporary Facilities and Controls Bedding, Backfill and Embankment Material Embankment Contractor's Use of Premises G Referenced Standards: I. Amer►can Society fo► Testing and Materials (ASTM) a. ASTM D 4318, "Standard Pest Methods for Liquid Limit, Plastic Limit, and Plasticity Index of Soils" 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. B If Site Preparation is included as a Bid Item, measurement will be based on the Units shown in Section 00300 — Bid Proposal and in accordance with Section 01200 Measurement and Payment Procedures. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Submit embankment material sources and product quality information in accordance this Section. 02200 - 1 of 4 07/2006 CITY OF PEARLAND SITE PREPARATION 1.04 TESTING A Testing and analysis of product quality, material sources, or field quality shall be performed by an independent testing laboratory provided by the Owner under the provisions of Section 01450 — Testing Laboratory Services and as specified in this Section. 1.05 PROTECTION OF PEOPLE AND PROPERTY A Contractor shall conduct all construction operations under this Contract in conformance with the practices described in Section 01500—Temporary Facilities and Controls. 2.0 PRODUCTS 2.01 MATERIALS A Contractor shall provide materials used as embedment, backfill, back -dressing, and embankment identified on the Plans in accordance with Section 02255 — Bedding Backfill and Embankment Material. 3.0 EXECUTION 3.01 CLEARING AND GRUBBING. A Clear Project Site of trees, shrubs, and other vegetation, except for those designated by Owner to be left standing. B Use only hand methods for grubbing inside drip line of trees designated to remain. C Completely remove stumps, roots, and other debris protruding through ground surface. 1. On areas required for roadway, channel, or structural excavation, remove stumps, 2" diametei or larger limbs and roots, to depth oft feet below lower elevation of excavation 1. On areas required for embankment construction remove 2" diameter limbs, stumps and roots to depth of 2 feet below ground surface 2. Trees and stumps may be cut off as close to natural ground as practicable on areas which are to be covered by at least 3 feet of embankment D Fill depressions caused by clearing and grubbing operations with satisfactory soil material, unless further excavation or earthwork is indicated. 1. Place fill material in horizontal layers not exceeding 6 inches loose depth, and thoroughly compact to density equal to adjacent original ground. E Complete operations by bulldozing, blading, and grading so that prepared area is free of holes unplanned ditches, abrupt changes in elevations and irregular contours, and preserve drainage of area. l . Blade entire area to prevent ponding of water and to provide drainage, except m areas to be immediately excavated 07/2006 02200 - 2 of 4 CITY OF PEARLAND 3.02 TOPSOIL STRIPPING AND STOCKPILING A Obtain approval of topsoil quality before excavating and stockpiling. B Excavate topsoil for esplanades and areas to receive grass or landscaping from areas to be further excavated. SITE PREPARATION C Topsoil Stripping: 1. Remove growths of grass from areas before stripping. 2. Topsoil is defined as surface soil found of depth of not less than 4 inches. 3. Strip topsoil to depths encountered. 4. Perform stripping in a manner to prevent intermingling of topsoil with underlying sterile subsoil and remove objectionable materials, including clay lumps, stones over 2 in. in diameter, weeds, roots, leaves and debris. 5. Whet e trees are designated by Owner to be left standing, stop topsoil stripping at extreme limits of tree drip line to prevent damage to main root system. D Topsoil Stockpiling: 1. Stockpile in areas designated on Plans. 2. Construct storage piles to freely drain surface water. 3. Cover storage piles, if required to prevent wind-blown dust. 4. Stockpile topsoil to depth not exceeding 8 feet. Stockpile in a manner to prevent erosion. 3.03 UNSUITABLE MATERIAL A Undercut, remove, and replace material which Engineer designates as unsuitable for subsequent construction. B Material used to replace unsuitable material shall be suitable material from site excavation or as indicated on Plans. 3.04 EXCAVATION AND FILL A Depressed site areas shall be filled using material from high areas, insofar as practicable. B When fill obtained from high areas is exhausted, fill to indicated rough grade elevations under roadways with "Structural Fill" and open areas not under structures or roadways with "General Fill' or as indicated on Plans. C Place and compact fill in accordance with Section 02330 — Embankment. 3.05 SALVAGEABLE ITEMS AND MATERIAL A Items designated by Engineer to be salvaged are to be carefully removed, so as to cause no damage to the salvaged items and delivered to Owner's storage yard. 02200 - 3 of4 07/2006 CITY OF PEARLAND SITE PREPARATION 3.06 CLEAN-UP AND RESTORATION A Perform clean-up and restoration in and around construction zone in accordance with Section 01140 — Contractor's Use of Premises. END OF SECTION 07/2006 02200 - 4 of 4 CITY OF PEARLAND BEDDING, BACKFILL, AND EMBANKMENT MATERIALS Section 02255 BEDDING, BACKFILL, AND EMBANKMENT MATERIALS 1.0 GENERAL 1.01 SECTION INCLUDES A A reference source for materials used as embedment, backfill, back -dressing, and embankment, specified elsewhere in the Technical Specifications, and their associated material qualification testing requirements. B Source qualifications and handling of these materials. C Material use and application is specified on the Plans or in individual Technical Specifications referencing materials either by Material Classification or by Product Description. D References to Technical Specifications: 1. Section 03300 — Cast -in -Place Concrete 2. Section 02910 — Topsoil 3. Section 02252 — Cement Stabilized Sand E Referenced Standards: I . American Society for Testing and Materials (ASTM) a. ASTM D 2487, "Standard Classification of Soils for Engineering Purposes (Unified Soil Classification System)" b. ASTM C 142, "Standard Test Method for Clay Lumps and Friable Particles in Aggregates" c. ASTM C 123, "Standard Test Method for Lightweight Particles in Aggregate" d. ASTM C 40, "Standard Test Method for Organic Impurities in Fine Aggregates for Concrete' e. ASTM C 4318, "Standard Test Methods for Liquid Limit, Plastic Limit, and Plasticity Index of Soils" f. ASTM D 1140, "Standard Test Methods for Amount of Material in Soils Finer the No. 200 (70-um) Sieve" g. ASTM C 33, "Standard Specification for Concrete Aggregates" h. ASTM C 136, "Standard Test Method for Sieve Analysis of Fine and Coarse Aggregates" i. ASTM C 131, "Standard Test Methods for Resistance to Degradation of Small -Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine" 02255 - 1 61.6 07/2006 CITY OF PEARLAND BEDDING, BACKFILL, AND EMBANKMENT MATERIALS 2.0 PRODUCTS 2.01 MATERIAL CLASSIFICATIONS A Materials shall be classified for the purpose of quality control in accordance with the Unified Soil Classification Symbols as defined in ASTM D 2487. 1. Class l: Well -graded gravels and sands, gravel -sand mixtures, crushed well - graded rock, little or no fines (GW, SW) a. Plasticity index: non -plastic. b. Gradation: D60/D10 - greater than 4 percent; amount passing No. 200 sieve - less than or equal to 5 percent. 2. Class II: Poorly graded gravels and sands, silty gravels and sands, little to moderate fines: a. Plasticity index: non -plastic to 4. b. Gradations: Gradation (GP, SP): amount passing No. 200 sieve - less than 5 percent. Gradation (GM, SM)• amount passing No. 200 sieve - between 12 percent and 50 percent. c. Borderline gradations with dual classifications (e.g., SP-SM). amount passing No. 200 sieve - between 5 percent and 12 percent. 3. Class III: Clayey gravels and sands, poorly graded mixtures of gravel, sand, silt, and clay (GC, SC, and dual classifications, e.g., SP-SC): a. Plasticity index: greater than 7. b. Gradation: amount passing No. 200 sieve - between 12 percent and 50 percent. 4. Class IVA: Lean clays (CL). a. Plasticity Indexes: Plasticity index: greater than 7, and above A line. Borderline plasticity with dual classifications (CL-ML): PI between 4 and 7. b. Liquid limit. less than 50. c. Gradation: amount passing No. 200 sieve - greater than 50 percent. d. Inorganic. 5. Class IVB: Fat clays (CH) a. Plasticity index: above A line. b. Liquid limit. 50 oi greater. c. Gradation: amount passing No. 200 sieve - greater than 50 percent. d. Inorganic. B Use soils with dual class designation according to ASTM D 2487, and which are not defined above, according to the more restrictive class. 2.02 PRODUCT DESCRIPTIONS A Unsuitable Material. Unsuitable soil materials are the following: 1. Materials that are classified as ML, CL-ML, MH, PT, OH and OL according to ASTM D 2487. 07/2006 02255 - 2 of 6 CITY OF PEARLAND BEDDING, BACKFILL, AND EMBANKMENT MATERIALS 2. Materials that cannot be compacted to the required density due to either gradation, plasticity, of moisture content. 3. Materials that contain large clods, aggregates, stones greater than 3 inches in any dimension, debris, vegetation, waste or any other deleterious materials. 4. Materials that are contaminated with hydrocarbons or other chemical contaminants. B Suitable Material. Soil materials meeting specification requirements. Unsuitable soils meeting specification requirements for suitable soils after treatment with, for example, lime or cement shall be considered suitable, unless otherwise indicated. C General Fill. Material that is free of stones greater than 3 inches, free of roots, waste, debris, trash, organic material, unstable material, non -soil matter, hydrocarbon or other contamination, conforming to the following limits foi deleterious mates ials: 1. Clay lumps• Less than 0.5 percent for Class 1, and Tess than 2.0 percent for Class Ii, when tested in accordance with ASTM C 142. 2. Lightweight pieces: Less than 5 percent when tested in accordance with ASTM C 123. 3. Organic impurities: No color darker than standard color when tested in accordance with ASTM C 40. D Random Fill. Soils defined by ASTM D 2487 as Class 1, iI, 111, IV, or fat clay (CH), sand gravel or a combination, from excavation or borrow, which can be compacted to form stable embankments, and conforming to: 1. Liquid Limit: 65 maximum ASTM - D4318. 2. Plasticity Index: 0 minimum, 45 maximum, ASTM - D4318. 3. Free from trash, vegetation, organic matter, large stones, hard lumps of earth and frozen, corrosive or perishable material. 4. Well broken up, free of clods greater than 6 inches, hard earth, rocks, and stones greater than 2-inch dimension. E Structural Fill. Soils defined by ASTM D 2487 as Class 1, 11,111, or IV, sand, gravel, or a combination, from excavation or borrow, which can be compacted to form stable embankments and fills conforming to: 1. Liquid Limit 45 maximum, ASTM D 4318. 2. Plasticity Index: 12 minimum, 20 maximum ASTM D 4318. 3. Free from trash, vegetation, organic matter, large stones hard lumps of earth and frozen, corrosive or perishable material. 4. Well broken up, free of clods greater than 6 inches, hard earth, rocks, and stones greater than 2-inch dimension. F Select Fill. Class 111 clayey gravel or sand or Class IV lean clay or clayey soils treated with lime or cement and conforming to: 1. Plasticity Index: 7 minimum, 20 maximum, ASTM D 4318. 2. Free from trash, vegetation, organic matter, large stones, hard lumps of earth and frozen, corrosive or perishable material. 3. Well broken up, free of clods greater than 6 inches, hard earth, rocks, and stones greater than 2-inch dimension. 02255 - 3 of 6 07/2006 CITY OF PEARLAND BEDDING, BACKFILL, AND EMBANKMENT MATERIALS G Concrete Fill. Conform to requirements for Class B concrete as specified in Section 03300 - Cast -in -Place Concrete. Topsoil. Conform to requirements specified in Section 02910 - Topsoil. Bank Sand: Durable Bank Sand classified as SP, SW, or SM by the Unified Soil Classification System (ASTM D 2487) meeting the following requirements: 1. Less than 15 percent passing the number 200 sieve when tested in accordance with ASTM D 1140 The amount of clay lumps or balls not exceeding 2 percent. 2. Material passing the number 40 sieve shall meet the following requirements when tested in accordance with ASTM D 4318: a. Liquid limit: not exceeding 25 percent. b. Plasticity index: not exceeding 7. J Cement Stabilized Sand. Conform to requirements of Section 02252 - Cement Stabilized Sand. IC Concrete Sand. Natural sand, manufactured sand, or a combination of natural and manufactured sand conforming to the requirements of ASTM C 33 and graded within the following limits when tested in accordance with ASTM C 136: PERCENT PASSING SIEVE 3/8" 100 No. 4 95 to 100 No. 8 80 to 100 No. 16 50 to 85 No. 30 25 to 60 No. 50 10 to 30 No. 100 2 to 10 L Gem Sand. Sand conforming to the requirements of ASTM C 33 for course aggregates specified for number 8 size and graded within the following limits when tested in accordance with ASTM C 136: SIEVE PERCENT PASSING 3/8" 95 to 100 No. 4 60 to 80 No. 8 15 to 40 M Pea Gravel. Durable particles composed of small, smooth, rounded stones or pebbles and graded within the following limits when tested in accordance with ASTM C 136: PERCENT PASSING SIEVE 1/2" 100 3/8" 85 to 100 No. 4 10 to 30 07/2006 02255 - 4 of 6 CITY OF PEARLAND BEDDING, BACKFILL, AND EMBANKMENT MATERIALS i No. 8 No. 16 O to 10 O to 5 i N Crushed Aggregates. Crushed aggregates consist of durable particles obtained from an approved source and meeting the following requirements: 1. Materials of one product delivered for the same construction activity from a single source. 2. Non -plastic fines. 3. Los Angeles Abrasion Test wear not exceeding 45 percent when tested in accordance with ASTM C 131. 4. Crushed aggregate shall have a minimum of 90 percent of the particles retained on the No 4 sieve with 2 or more crushed faces as determined by TxDOT Tex- 460-A Part I. 5. Crushed stone: Produced from oversize plant processed stone or gravel, sized by crushing to predominantly angular particles from a naturally occurring single source. Uncrushed gravel are not acceptable materials for embedment where crushed stone is shown on the applicable utility embedment drawing details. 6. Crushed Concrete: Crushed concrete is an acceptable substitute for crushed stone as utility backfill. Gradation and quality control test requirements are the same as crushed stone. Provide crushed concrete produced from normal weight concrete of uniform quality; containing particles of aggregate and cement material, free from other substances such as asphalt, reinforcing steel fragments, soil, waste gypsum (calcium sulfate), or debris. 7. Gradations., as determined in accordance with TxDOT Tex-1 10-E. PIPE BY WEIGHT FOR PERCENT PASSING SIZES PIPES OF NOMINAL BY RANGES SIEVE EMBEDMENT >15" 15 ' - 8" <8", 1 "" 95 - 100 100 - 90 100 100 3/4" 60 - 90 — 1/2" 25 - 60 - 90 — 100 3/8" - 20 — 55 40 - 70 No.4 0- 5 0-10 0-15 No. 8 - 0- 5 0- 5 3.0 EXECUTION 3.01 SOURCE QUALIFICATIONS FOR BORROW MATERIAL A Use of material encountered in excavations is acceptable provided applicable requirements are satisfied If excavation material is not acceptable, provide fi om other approved source. B Identify off -site sources for materials at least 14 days ahead of intended use so that the Engineer may obtain samples for verification testing. 02255 - 5 of 6 07/2006 CITY OF PEARLAND BEDDING, BACKFILL, AND EMBANKMENT MATERIALS C Obtain approval for each material source by the Engineer before delivery is started. If sources previously approved do not produce uniform and satisfactory products, furnish materials from other approved sources. Materials may be subjected to inspection or additional verification testing after delivery. Materials which do not meet the requirements will be rejected. Do not use material which after approval, has become unsuitable for use due to segregation, mixing with other materials, or by contamination. Once a material is approved by the Engineer, a Change Order is required to change to a different material. D Bank sand, select fill, and random fill, if available in the project excavation, may be obtained by selective excavation and acceptance testing. Obtain additional quantities of these materials and other materials required to complete the Work from off -site sources. E The Owner does not represent or guarantee that any soil found in the excavation work will be suitable and acceptable as backfill material. 3.02 MATERIAL HANDLING A When material is obtained from either a commercial or non-commercial bot row pit, open the pit to expose the vertical faces of the various strata for identification and selection of approved material to be used. Excavate the selected material by vertical cuts extending through the exposed strata to achieve uniformity in the product. B Establish temporary stockpile locations for practical material handling and control, and verification testing by the Engineer in advance of final placement. Obtain approval from landowner for storage of backfill material on adjacent private property. C When stockpiling material near the Project Site, use appropriate methods to eliminate blowing of materials into adjacent areas and prevent runoff containing sediments from entering the drainage system. D Place material suitable for backfilling in stockpiles at a distance from the trench to prevent slides or cave-ins. Do not place stockpiles of excavated materials on public streets. E Place stockpiles in layers to avoid segregation of processed materials. Load material by making successive vertical cuts through entire depth of stockpile. END OF SECTION 07/2006 02255 - 6 of 6 CITY OF PEARLAND EXCAVATION AND BACKFILL FOR UTILITIES Section 02318 EXCAVATION AND BACKFILL FOR UTILITIES 1.0 GENERAL 1.01 SECTION INCLUDES A Excavation, trenching, foundation, embedment, and backfill for installation of utilities, including manholes and other pipeline structures. B References to Technical Specifications: 1. Section 01200 — Measurement and Payment Procedures 2. Section 01350 — Submittals 3. Section 01570 — Trench Safety System 4. Section 01564 — Control of Ground Water and Surface Water 5. Section 01760 — Project Record Documents 6. Section 01450 — Testing Laboratory Services 7 Section 01500 — Temporary Facilities and Controls 8 Section 02255 — Bedding, Backfill, and Embankment Materials 9 Section 02370 — Geotextile 10. Section 02220 — Site Demolition 11. Section 01140 — Contractor's Use of Premises C Refeienced Standards: 1. American Society for Testing and Materials (ASTM) a. ASTM D 2321, "Standard Practice for Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity -Flow Applications' b. ASTM D 698, "Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Standard Effort" c. ASTM D 558, "Standard Test Methods for Moisture -Density (Unit Weight) Relations of Soil -Cement Mixtures" d. ASTM D 4318, "Standard Test Methods for Liquid Limit, Plastic Limit, and Plasticity Index of Soils" e. ASTM D 1556, "Standard Test Method for Density and Unit Weight of Soil in Place by the Sand -Cone Method" f. ASTM D 2922, Standard Test Method for Density of Soil and Soil - Aggregate in Place by Nuclear Methods (Shallow Depth)" g. ASTM D 3017, "Standard Test Method for Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth)" 2. Texas Department of Transportation (TxDOT) a. Tex-101-E, Preparing Soil and Flexible Base Materials for Testing b. Tex-110-E, Particle Size Analysis of Soils D Definitions: 1. Excavation - Any man-made cut, cavity, trench, or depression in an earth surface, formed by removal of material a. Extra Hand Excavation- excavation by manual labor at locations designated by the Engineer, which is not included in other Bid Items. 02318-1o1'12 07/2006 CITY OF PEARLAND EXCAVATION AND BACKFILL FOR UTILITIES b. Extra Machine Excavation- excavation by machine at locations designated by the Engineer, which is not included in other Bid Items. c. Special Excavation -excavation necessitated by obstruction of pipes, ducts, or other structures, not shown on Plans, which interfere with installation of utility piping by normal methods of excavation or augering. Contractor shall be responsible for locating such underground obstructions, sufficiently in advance oftrench excavation or augering, to preclude damage to the obstructions 2. Pipe Foundation - suitable and stable native soils that are exposed at the trench subgrade after excavation to depth of bottom of the bedding as shown on the Plans, or foundation backfill material placed and compacted in over - excavations. 3. Pipe Bedding - the portion oftrench backfill that extends vertically from top of foundation up to a level line at bottom of pipe, and horizontally from one trench sidewall to opposite sidewall. 4. Haunching - the material placed on either side of pipe from top of bedding up to spring -line of pipe and horizontally from one trench sidewall to opposite sidewall. 5. Initial Backfill - the portion of trench backfill that extends vertically from spring -line of pipe (top of haunching) up to a level line 12 inches above top of pipe, and horizontally from one trench sidewall to opposite sidewall. 6. Pipe Embedment - the portion of trench backfill that consists of bedding, haunching, and initial backfill. 7 Trench Zone - the portion oftrench backfill that extends vertically from top of pipe embedment up to pavement subgrade or up to final grade when not beneath pavement. 8. Trench Conditions - description of the stability of trench bottom and trench walls of pipe embedment zone. Maintain trench conditions that provide for effective placement and compaction of embedment material directly on or against undisturbed soils or foundation backfill, except where structural trench support is necessary. a. Dry Stable Trench: Stable and substantially dry trench conditions exist in pipe embedment zone as a result of typically dry soils or achieved by ground water control (dewatering or depressui ization) for trenches extending below ground water level. b. Stable Trench with Seepage: Stable trench in which ground water seepage is controlled by excavation drainage. 1) Stable Trench with Seepage in Clayey Soils: Excavation drainage is provided in lieu of or to supplement ground water control systems to control seepage and provide stable trench subgrade in predominately clayey soils prior to bedding placement. 2) Stable Wet Trench in Sandy Soils: Excavation drainage is provided in the embedment zone in combination with ground water control in predominately sandy or silty soils. c. Unstable Trench: Unstable trench conditions exist in the pipe embedment zone if ground water inflow or high water content causes 07/2006 02318 - 2 of 12 CITY OF PEARLAND EXCAVATION AND BACKFILL FOR UTILITIES soil disturbances, such as sloughing, sliding, boiling, heaving or Toss of density. 9. Sub -trench - a special case of benched excavation. Sub -trench excavation below trench shields or shoring installations may be used to allow placement and compaction of foundation or embedment materials directly against undisturbed soils. Depth of a sub -trench depends upon trench stability and safety as determined by the Contractor. 10. Trench Dam - a placement of low permeability material in pipe embedment zone or foundation to prohibit ground water flow along the trench. 11. Over -Excavation and Backfill - excavation of subgrade soils with unsatisfactory bearing capacity or composed of otherwise unsuitable materials below top of foundation as shown on Plans, and backfilled with foundation backfill material. 12. Foundation Backfill Materials - natural soil or manufactured aggregate of controlled gradation, and geo-textile filter fabrics as required, to control drainage and material separation. Foundation backfill material is placed and compacted as backfill to provide stable support for bedding. Foundation backfill materials may include concrete seal slabs. 13. Trench Shield (Trench Box) - a portable worker safety structure moved along the trench as work proceeds, used as a Protective System and designed to withstand forces imposed on it by cave-in, thereby protecting persons within the trench. Trench shields may be stacked if so designed or placed in a series depending on depth and length of excavation to be protected 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for trench excavation, embedment, and backfill under this Section. Include cost in Bid Items for installed underground piping, sewer, conduit, or duct work. B If Special Excavation is allowed, based on the Engineer's direction, and indicated in Section 00300 — Bid Proposal as an Extra Item measurement will be on a cubic yard basis, measured in place, without deduction for space occupied by portions of pipes, ducts, or other structures left in place across trenches excavated under this item. 1. Payment for Special Excavation shall include: a. Dewatering and surface water control. b. Protection of pipes, ducts, or other structures encountered including bracing, shoring, and sheeting necessary for support. c. Replacement of pipes, ducts, or structures damaged by special excavation operations, except where payment for replacement is authorized by Engineer due to deteriorated condition of pipes, ducts, or structure. d. Temporary disconnecting, plugging, and reconnecting of low volume water pipes, to allow machine excavation or augering, when approved by Engineer. Pipe for replacement shall be new and conform to specification requirements for type of existing pipe removed. e. Placement of material from Special Excavation. 02318 - 3 of 12 07/2006 CITY OF PEARLAND EXCAVATION AND BACKFILL FOR UTILITIES f. Geo-textile material and concrete trench dams required to complete the placement of material from Special Excavation. g. Re -sodding required for surface restoration within designated limits of Special Excavation. h. Disposal of excess excavated material not suitable for bedding or backfill, or not required for the Work. 2. The items listed below will not be included in payment for Special Excavation. Include cost in Bid Items for which the Work is a component: a. Trench safety system including sheeting and shoring. b. Utility piping installed in trenches excavated under this item. c. Removal and replacement of associated streets, driveways, and sidewalks. C If Extra Hand Excavation is allowed, based on the Engineer's direction, and indicated in Section 00300 — Bid Proposal as an Extra Item, measurement will be on a cubic yard basis, measured in place. 1. Payment for Extra Hand Excavation shall include: a. Dewatering and surface water control b. Disposal of excess excavated material not suitable for bedding or backfill, or not required for the Work. c. Placement of material from Extra Hand Excavation. d. Re -sodding required for surface restoration within designated limits of Extra Hand Excavation. 2. The items listed below will not be included in payment for Special Excavation. Include cost in Bid Items for which the Work is a component.: a. Trench safety system including sheeting and shoring. b. Removal and replacement of associated streets, driveways, and sidewalks. D If Extra Machine Excavation is allowed, based on the Engineer's direction, and indicated in Section 00300 — Bid Proposal as an Extra Item, measurement will be on a cubic yard basis, measured in place. 1. Payment for Extra Machine Excavation shall include: a. Dewatering and surface water control. b. Disposal of excess excavated material not suitable for bedding or backfill, or not required for the Work. c. Placement of material from extra machine excavation. d. Re -sodding required for surface restoration within designated limits of Extra Machine Excavation. 2. The items listed below will not be included in payment for Special Excavation. Include cost in Bid Items for which the Work is a component: a. Trench safety system including sheeting and shoring. b. Removal and replacement of associated streets, driveways, and sidewalks. E Refer to Section 01200 - Measurement and Payment Procedures. No payment will be made for delays in completion of Work resulting from Extra Item Work. 07/2006 02318 - 4 of 12 CITY OF PEARLAND EXCAVATION AND BACKFILL FOR UTILITIES 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Submit a written description for information only of the planned typical method of excavation, backfill placement and compaction, including: 1. Sequence of work and coordination of activities. 2. Selected trench widths. 3. Procedures for foundation and embedment placement, and compaction. 4. Procedure for use of trench boxes and other pre -manufactured systems while assuring specified compaction against undisturbed soil. 5. Procedure for installation of Special Shoring at locations identified on the Plans. C Submit product quality, material sources, and field quality information in accordance with this Section D Submit field red lines documenting location of Utilities as installed, referenced to survey Control Points, under the provisions of Section 01760 — Project Record Documents, 1.04C. Include location of utilities and structures encountered or rerouted. Give horizontal dimensions, elevations, inverts and gradients. 1.04 TESTING A Testing and analysis of product quality, material sources, or field quality shall be performed by an independent testing laboratory provided by the Owner under the provisions of Section 01450 — Testing Laboratory Services and as specified in this Section. 1.05 PROTECTION OF PEOPLE AND PROPERTY A Contractor shall conduct all construction operations under this Contract in conformance with the practices described in Section 01500 — Temporary Facilities and Controls. 1.06 SPECIAL SNORING DESIGN REQUIREMENTS A Special Shoring shall be, in accordance with Section 01570 — Trench Safety System, designed by a Professional Engineer, licensed by the State of Texas At Contractor's expense. B Special Shoring shall be designed to provide support for the sides of the excavations, including soils and hydrostatic ground water pressures as applicable, and to prevent ground movements affecting adjacent installations or improvements such as structures, pavements and utilities. C Special Shoring may be a pre -manufactured system or a field fabricated system that meets the requirements of the Work. 02318-5of12 07/2006 CITY OF PEARLAND EXCAVATION AND BACKFILL FOR UTILITIES 2.0 PRODUCTS 2.01 MATERIALS A Contractor shall provide materials used as embedment, backfill, back -dressing, and embankment identified on the Plans in accordance with Section 02255 — Bedding, Backfill and Embankment Material. B Manufactured materials, such as crushed concrete, may be substituted for natural soil or rock products where indicated in the product specification, and approved by the Engineer, provided that the physical property criteria are determined to be satisfactory by testing. C Geotextile (Filter Fabric): Conform to requirements of Section 02370 — Geotextile. D Concrete for Trench Dams. Concrete backfill or 3 sack premixed (bag) concrete. E Timber Shoring Left in Place: Untreated oak. 2.02 EQUIPMENT A Perform excavation with track mounted excavator or other equipment suitable for achieving the requirements of this Section. B Use only hand -operated tamping equipment until a minimum cover of 12 inches is obtained over pipes, conduits and ducts. Do not use heavy compacting equipment until adequate cover is attained to prevent damage to pipes, conduits, or ducts. C Use trench shields or other Protective Systems or Shoring Systems which are designed and operated to achieve placement and compaction of backfill directly against undisturbed native soil. D Use Special Shoring systems where required which may consist of braced sheeting, braced soldier piles and lagging, slide rail systems, or other systems meeting the Special Shoring design requirements. 3.0 EXECUTION 3.01 PREPARATION A Employ a Trench Safety Program as specified in Section 01570 — Trench Safety Systems. B Install and operate necessary dewatering and surface water control measures conform to Section 01564 — Control of Ground Water and Surface Water. C Remove existing pavements and structures, including sidewalks and driveways, to conform with requirements of Section 02220 — Site Demolition, as applicable. D Area shall be cleared and grubbed under the provisions of Section 02200 — Site Preparation prior to excavation. 07/2006 02318 - 6 of 12 CITY OF PEARLAND EXCAVATION AND BACKFILL FOR UTILITIES E Strip and stockpile topsoil under the provisions of Section 02200 — Site Preparation F Schedule work so that pipe embedment can be completed on the same day that acceptable foundation has been achieved for each section of pipe installation, manhole, or other structures. 3.02 EXCAVATION A Except as otherwise specified or shown on the Plans, install underground utilities in open cut trenches with vertical sides. Perform excavation work so that pipe, conduit, and ducts can be installed to depths and alignments shown on the Plans. Avoid disturbing surrounding ground and existing facilities and improvements. C Determine trench excavation widths using the following schedule as related to pipe outside diameter (O.D.). Maximum trench width shall be the minimum trench width plus 24 inches. PIPE NOMINAL SIZE, INCHES MINIMUM WIDTH, INCHES TRENCH Less than 18 O.D. + 18 18 to 30 O.D. + 24 Greater than 30 O.D. + 36 D Use sufficient trench width or benches above the embedment zone for installation of well point headers or manifolds and pumps where depth of trench makes it uneconomical or impractical to pump from the surface elevation. Provide sufficient space between shoring cross braces to permit equipment operations and handling of forms, pipe, embedment and backfill, and other materials. E Upon discovery of unknown utilities, badly deteriorated utilities not designated for removal, or concealed conditions, discontinue work at that location. Notify the Engineer and obtain instructions before proceeding. F Shoring of Trench Walls. 1. Install Special Shoring in advance of trench excavation or simultaneously with the trench excavation, so that the soils within the full height of the trench excavation walls will remain fully laterally supported at all tunes. 2. For all types of shoring, support trench walls in the pipe embedment zone throughout the installation. Provide trench wall supports sufficiently tight to prevent washing the trench wall soil out from behind the trench wall support. 3. Unless otherwise directed by the Engineer, leave sheeting driven into or below the pipe embedment zone in place to preclude loss of support of foundation and embedment materials. Leave rangers, waters, and braces in place as long as required to support sheeting, which has been cut off, and the trench wall in the vicinity of the pipe zone. 4. Employ special methods for maintaining the integrity of embedment or foundation material. Before moving supports, place and compact embedment 02318-7 of12 07/2006 CITY OF PEARLAND EXCAVATION AND BACKFILL FOR UTILITIES to sufficient depths to provide protection of pipe and stability of trench walls. As supports are moved, finish placing and compacting embedment. 5. If sheeting or other shoring is used below top of the pipe embedment zone, do not disturb pipe foundation and embedment materials by subsequent removal. Maximum thickness of removable sheeting extending into the embedment zone 1 Inch. Fill voids left on removal of supports with compacted backfill material. G Use of Trench Shields. When a trench shield (trench box) is used as a worker safety device, the following requirements apply: 1. Make trench excavations of sufficient width to allow shield to be lifted or pulled freely, without damage to the trench sidewalls. 2. Move trench shields so that pipe, and backfill materials, after placement and compaction are not damaged nor disturbed nor the degree of compaction reduced. 3. When required, place, spread, and compact pipe foundation and bedding materials beneath the shield. For backfill above bedding, move the shield as backfill is placed and ramped in. Place and compact backfill materials against undisturbed trench walls and foundation. 4. Maintain trench shield in position to allow sampling and testing to be performed in a safe manner. 3.03 TRENCH FOUNDATION A Excavate bottom of trench to uniform grade to achieve stable trench conditions and satisfactory compaction of foundation or bedding materials. B Place trench dams in Class I foundations in line segments longer than 100 feet between manholes, and not less than one in every 500 feet of pipe placed. Install additional dams as n eeded to achieve workable construction conditions. Do not place trench dams closer than 5 feet from manholes. 3.04 PIPE EMBEDMENT PLACEMENT AND COMPACTION A Immediately prior to placement of embedment materials, the bottoms and sidewalls of trenches shall be free of loose, sloughing, caving, or otherwise unsuitable soil. B Place Geotext►le, if specified, to prevent particle migration from the in -situ into open - graded (Class I) embedment materials or drainage layers. C Place embedment including bedding, haunching and initial backfill to meet requirements indicated on Plans. PVC & HDPE require cement stabilized sand bedding and backfill to one foot below subgrade or below grade if under pavement, or one foot above top of pipe if n ot under pavement. D For pipe installation, manually spread embedment materials around the pipe to provide u niform bearing and side support when compacted. Do not allow materials to free -fall from heights greater than 24 inches above top of pipe. Perform placement and compaction 07/2006 02318 - 8 of 12 CITY OF PEARLAND EXCAVATION AND BACKFILL FOR UTILITIES directly against the undisturbed soils in the trench sidewalls, or against sheeting which is to remain in place E Do not place trench shields or shoring within height of the embedment zone unless means to maintain the density of compacted embedment material are used. If moveable supports are used in embedment zone lift the supports incrementally to allow placement and compaction of the material against undisturbed soil. F Do not damage coatings or wrappings of pipes during backfilling and compacting operations. When embedding coated or wrapped pipes, do not use crushed stone or other sharp, angular aggregates. G Place haunching material manually around the pipe and compact it to provide uniform bearing and side support. If necessary, hold small -diameter or lightweight pipe in place during compaction of haunch areas and placement beside the pipe with sand bags or other suitable means H Place electrical conduit directly on foundation without bedding. Shovel pipe embedment material in place and compact it using pneumatic tampers in restricted spaces, and vibratory -plate compactors or engine -powered jumping jacks in unrestricted spaces. Compact each lift before proceeding with placement of the next lift. 1. Class I embedment materials. a. Maximum 6-inches compacted lift thickness. b. Systematic compaction by at least two passes of vibrating equipment. Increase compaction effort as necessary to effectively embed the pipe to meet the deflection test criteria. c. Moisture content as determined by Contractor for effective compaction without softening the soil of trench bottom, foundation or trench walls. 2. Class II embedment and cement stabilized sand. a. Maximum 6-inches compacted thickness. b. Compaction by methods determined by Contractor to achieve a minimum of 95 percent of the maximum dry density as determined according to ASTM D 698 for Class II materials and according to ASTM D 558 for cement stabilized materials. c. Moisture content of Class II materials within 3 percent of optimum as determined according to ASTM D 698. Moisture content of cement stabilized sands on the dry side of optimum as determined according to ASTM D 558 but sufficient for effective hydration. J Place trench dams in Class I embedments in line segments longer than 100 feet between manholes, and not less than one in every 500 feet of pipe placed Install additional dams as needed to achieve workable construction conditions. Do not place ti ench dams closer than 5 feet fiom manholes. 3.05 TRENCH ZONE BACKFILL PLACEMENT AND COMPACTION A Place backfill for pipe or conduits and restore surface as soon as practicable. Leave only the minimum length of trench open as necessary for construction. 02318-9of12 07/2006 CITY OF PEARLAND EXCAVATION AND BACKFILL FOR UTILITIES B Where damage to completed pipe installation work is likely to result from withdrawal of sheeting, leave the sheeting in place. Cut off sheeting 1.5 feet or more above the crown of the pipe. Remove trench supports within 5 feet from the ground surface. C For sewer pipes, use backfill materials described here as determined by trench limits. As trench zone backfill in paved areas for streets and to one foot back of curbs and pavements, use cement stabilized sand for pipe of nominal sizes less than 36 inches, or Bank Sand for pipe of nominal sizes 36 inches and larger as indicated on the Drawings. Uniformly backfill trenches unless specified otherwise according to the paved area criteria. Use select backfill within one foot below pavement subgrade for rigid pavement. For asphalt concrete, use flexible base material within one foot below pavement subgrade. D For water lines, backfill in trench zone, including auger pits, with Bank Sand, Select Fill, or Random Fill material as specified in this Section. E For trench excavations under pavement, place trench zone backfill in lifts and compact by methods indicated below. Fully compact each lift before placement of the next lift. I. Bank Sand. a. Maximum 9-inches compacted lift thickness. b. Compaction by vibratory equipment to a minimum of 95 percent ofthe maximum dry density determined according to ASTM D 698. c. Moisture content within 3 percent ofoptimum determined according to ASTM D 698 2. Cement Stabilized Sand. a. Maximum lift thickness determined by Contractor to achieve uniform placement and required compaction, but not exceeding 24 inches. b. Compaction by vibratory equipment to a minimum of95 percent of the maximum dry density determined according to ASTM D 558. c. Moisture content on the dry side of optimum determined according to ASTM D 558 but sufficient for cement hydration. 3. Select Fill. a. Maximum 6-inches compacted thickness. b. Compaction by equipment providing tamping or kneading impact to a minimum of 95 percent of the maximum dry density determined according to ASTM D 698. c. Moisture content within 2 percent of optimum determined according to ASTM D 698. F For trench excavations outside pavements, a Random Fill of suitable material may be used in the trench zone. l . Fat clays (CH) may be used as trench zone backfill outside paved areas at the Contractor's option. if the required density is not achieved, the Contractor at his option and at no additional cost to the Owner, may use lime stabilization to achieve compaction requirements or use a different suitable material. 2. Maximum 9-inch compacted lift thickness for clayey soils and maximum 12- inch lift thickness for granular soils. 3. Compact to a minimum of 90 percent ofthe maximum dry density determined according to ASTM D 698, or to same density as adjacent soils. 4. Moisture content as necessary to achieve density. 07/2006 02318 - 10 of 12 CITY OF PEARLAND EXCAVATION AND BACKFILL FOR UTILITIES 3.06 MANHOLES, JUNCTION BOXES AND OTHER PIPELINE STRUCTURES A Meet the requirements of adjoining utility installations for backfill of pipeline structures, as shown on the Plans. 3.07 FIELD QUALITY CONTROL A Quality Control 1. The Engineer may sample and test backfill at: a. Sources including borrow pits, production plants and Contractor's designated off -site stockpiles. b. On -site stockpiles. c. Materials placed in the Work. 2. The Engineer may resample material at any stage of work or location if changes in characteristics are apparent. B Production Verification Testing: The Owner s testing laboratory will provide verification testing on backfill materials, as directed by the Engineer. Samples may be taken at the source or at the production plant, as applicable. C Provide excavation and Trench Safety Systems at locations and to depths required for testing and retesting during construction. D Tests will be performed on a minimum of three different samples of each material type for plasticity characteristics, in accordance with ASTM D 4318, and for gradation characteristics, in accordance with Tex-i01-E and Tex-110-E. Additional classification tests will be performed whenever there is a noticeable change in material gradation or plasticity. E At least three tests for moisture -density relationships will be performed initially for backfill materials in accordance with ASTM D 698, and for cement stabilized sand in accordance with ASTM D 558. Additional moisture -density relationship tests will be performed whenever there is a noticeable change in material gradation or plasticity. F In -place density tests of compacted pipe foundation, embedment and trench zone backfill soil materials will be performed according to ASTM D 1556, or ASTM D 2922 and ASTM D 3017, and at the following frequencies and conditions. 1. A minimum of one test for every 20 cubic yards of compacted embedment and for every 50 cubic yards of compacted trench zone backfill material. 2. A minimum of three density tests for each full shift of Work when backfill is placed. 3. Density tests will be distributed among the placement areas. Placement areas are: foundation, bedding, haunching, initial backfill and trench zone. 4. The number of tests will be increased if inspection determines that soil type or moisture content are not uniform or if compacting effort is variable and not considered sufficient to attain uniform density, as specified. 5. Density tests may be performed at various depths below the fill surface by pit excavation Material in previously placed lifts may therefore be subject to acceptance/rejection. 02318-11of12 07/2006 CITY OF PEARLAND EXCAVATION AND BACKFILL FOR UTILITIES 6. Two verification tests will be performed adjacent to in -place tests showing density less than the acceptance criteria. Placement will be rejected unless both verification tests show acceptable results. 7. Re -compacted placement will be retested at the same frequency as the first test series, including verification tests. G Recondition, re -compact, and retest at Contractor's expense if tests indicate Work does not meet specified compaction requirements. For Cement Stabilized Sand with nonconforming density, core and test for compressive strength at Contractor's expense. H Acceptability of crushed rock compaction will be determined by inspection. 3.08 CLEAN-UP AND RESTORATION A Perform clean-up and restoration in and around construction zone in accordance with Section 01140 — Contractor's Use of Premises. 3.09 PROTECTION OF THE WORK A Maintain excavation and embankment areas until start of subsequent work. Repair and re - compact slides, washouts, settlements, or areas with loss of density at no cost to the Owner B Prevent erosion at all times. Do not allow water to pond in excavations. C Distribute construction traffic evenly over compacted areas, where practical, to aid in obtaining uniform compaction. Protect exposed areas having high moisture content from wheel loads that cause rutting. END OF SECTION 07/2006 02318 - 12 of 12 CITY OF PEARLAND GRAVITY SANITARY SEWERS Section 02530 GRAVITY SANITARY SEWERS 1.0 GENERAL 1.01 SECTION INCLUDES A Gravity sanitary sewers and appurtenances, including cleanouts, stacks, service connections, and reconnections. B References to Technical Specifications: 1. Section 02415 — Augering Pipe or Casing for Sewers 2. Section 01200 — Measurement and Payment Procedures 3. Section 01350 — Submittals 4. Section 01450 — Testing Laboratory Services 5. Section 01500 — Temporary Facilities and Controls 6. Section 01570 — Trench Safety System 7. Section 02318 — Excavation and Backfill for Utilities 8 Section 01564 — Control of Ground Water andSurface Water 9 Section 02220 — Site Demolition 10. Section 01140 - Contractor's Use of Premises C Reference Standards: I. American Society for Testing and Materials (ASTM) a. ASTM D 1784, "Standard Specification for Rigid Poly Vinyl Chloride (PVC) Compounds and Chlorinated Poly Vinyl Chloride (CPVC) Compounds' b. ASTM F 477, "Standard Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe" c. ASTM D 3034 "Standard Specification for Type PSM Poly Vinyl Chloride (PVC) Sewer Pipe and Fittings" d. ASTM F 679, "Standard Specification for Poly Vinyl Chloride (PVC) Large -Diameter Plastic Gravity Sewer Pipe and Fittings" e. ASTM F 949 "Standard Specification for Poly Vinyl Chloride (PVC) Corrugated Sewer Pipe with a Smooth Interior and Fittings" f. ASTM D 794 "Standard Specification for Poly Vinyl Chloride (PVC) Profile Gravity Sewer Pipe and Fittings Based on Controlled Inside Diameter" g. ASTM D 2241, "Standard Specification for Poly Vinyl Chloride (PVC) Pressure -Rated Pipe (SDR Series)" h. ASTM D 3212 `Standard Specification for Joints for Drain and Sewer Plastic Pipes Using Flexible Elastomeric Seals' i. ASTM D 3139, "Standard Specification for Joints for Plastic Pressure Pipes Using Flexible Elastomeric Seals" j. ASTM D 2444, "Standard Test Method for Determination for the Impact Resistance of Thermoplastic Pipe and Fittings by Means of a I'up (Falling Weight)" 02520 - 1 of 20 07/2006 CITY OF PEARLAND GRAVITY SANITARY SEWERS k. ASTM F 714, "Standard Specification for Polyethylene (PE) Plastic Pipe (SDR-PR) Based on Outside Diameter" 1. ASTM D 2657 "Standard Practice for Heat Fusion Joining and Polyolefin Pipe and Fittings" m. ASTM D 1248, "Standard Specification for Polyethylene Plastics Extrusion Materials for Wire and Cable" n . ASTM D 3350, "Standard Specification for Polyethylene Plastic Pipe and Fittings Materials" o . ASTM D 3681, "Standard Test Method for Chemical Resistance of Fiberglass (Glass -Fiber Reinforced Thermosetting -Resin) Pipe in a Deflected Condition" p. ASTM D 4161 `Standard Specification for Fiberglass (Glass -Fiber - Reinforced Thermosetting -Resin) Pipe Joints Using Flexible Elastomeric Seals" q. ASTM D 3262, `Standard Specification for Fiberglass (Glass -Fiber - Reinforced Thermosetting -Resin) Sewer Pipe" r. ASTM D 3754, "Standard Specification for Fiberglass (Glass -Fiber - Reinforced Thermosetting -Resin) Sewer and Industrial Pressure Pipe" s. ASTM D 618, "Standard Practice for Conditioning Plastics for Testing" t. ASTM C 828, "Standard Test Method for Low -Pressure Air Test of Vitrified Clay Pipe Lines" u . ASTM C 924, "Standard Practice for Testing Concrete Pipe Sewer Lines by Low -Pressure Air Test Method" v. ASTM F 1417, "Standard Test Method for Installation Acceptance of Plastic Gravity Sewer Lines Using Low -Pressure Air" 2. American Water Works Association (AWWA) a. AWWA C 900 Polyvinyl Chloride (PVC) Pressure Pipe, 4"— 12" for Water Distribution b. AWWA C 905 Polyvinyl Chloride (PVC) Water Transmission Pipe, Nominal Diameters, 14in. Through 36 in. 3. Plastic Pipe Institute (PPI) a. PPI TR3, `Policies and Procedures for Developing Hydrostatic Design Basis (HDB) Pressure Design Basis (PDB), Strength Design Basis (SDB), and Minimum Required Strength (MRS) Ratings for Thermoplastic Piping Materials or Pipe" 4. Texas Commission on Enviiomnental Quality (TCEQ) 5. Texas Administrative Code (TAC) 1.02 MEASUREMENT AND PAYMENT A Measurement of pipe installed at depths 8-feet and less by open cut method is on a linear foot basis measured and complete in place. Measurement will be taken along the center line of the pipe from center line to center line of manholes, except for pipe in casing or augered installation. B Payment includes sewer pipe, excavation, bedding, backfill and special backfill, shoring, earthwork, connections to existing manholes and pipe, stacks, cleanouts, 07/2006 02520 - 2 of 20 CITY OF PEARLAND GRAVITY SANITARY SEWERS accessories, inspection and testing. Depths beyond 8' will be paid by 2 vertical feet increments. C Refer to Section 02415 — Augering Pipe or Casing for Sewers for measurement and payment of augered sewer pipe. p Refer to Section 01200 — Measurement and Payment Procedures. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Submit inspection reports, testing reports, and video tape of television inspections as directed by Engineer. C Submit proposed methods, equipment, materials and sequence of operations for Gravity Sanitary Sewer construction. Plan operations to minimize disruption of utilities to occupied facilities or adjacent property. 1.04 QUALITY ASSURANCE A Qualifications. Gravity Sanitary Sewer shall be watertight both in pipe -to -pipe joints and in pipe -to -manhole connections. Perform testing in accordance with this Section and Section 01450 — Testing Laboratory Services. B Regulatory Requirements. 1. Install Gravity Sanitary Sewer to meet the minimum separation distance from any potable water line, as scheduled below. The separation distance is defined as the distance between the outside of the water pipe and the outside of the sewer pipe. When possible, install new Gravity Sanitary Sewers no closer to water lines than 9 feet in all directions. Where this separation distance cannot be achieved, new Gravity Sanitary Sewers shall be installed as specified in this Section. 2. Make notification to the Engineer if water lines are uncovered during Gravity Sanitary Sewer installation where the minimum separation distance cannot be maintained. 3. Lay Gravity Sanitary Sewers lines in straight alignment and grade. 1.05 PROTECTION OF PEOPLE AND PROPERTY A Contractor shall conduct all construction operations under this Contract in conformance with the practices described in Section 01500 —Tempos ary Facilities and Controls. 1.06 PRODUCT DELIVERY, STORAGE AND HANDLING A Inspect pipe and fittings upon arrival of materials at the Project Site. 02520 - 3 of 20 07/2006 CITY OF PEARLAND GRAVITY SANITARY SEWERS B Handle and store pipe materials and fittings to protect them from damage due to impact shock shear or free fall Do not drag pipe and fittings along the ground. Do not roll pipe unrestrained from delivery trucks. C Use mechanical means to move or handle pipe. Employ acceptable clamps, rope or slings around the outside barrel of pipe and fittings. Do not use hooks bars, or other devices in contact with the interior surface of the pipe to lift or move lined pipe 2.0 PRODUCTS 2.01 GASKET MATERIAL FOR USE IN POTENTIALLY CONTAMINATED AREAS A Gravity Sanitary Sewer pipes to be installed in potentially contaminated areas, especially where free product is found near the elevation of the proposed sewer, shall have the following Gasket Material for the noted contaminants: CONTAMINANT GASKET MATERIAL REQUIRED Petroleum (diesel, gasoline) Nitrile Rubber Other contaminants As recommended by the pipe manufacturer 2.02 POLYVINYL CHLORIDE (PVC) PIPE A Use PVC compounds in the manufacture of pipe that contain no ingredient in an amount that has been demonstrated to migrate into water in quantities considered to be toxic. B Furnish PVC pressure pipe manufactured from Class 12454-A or Class 12454-B virgin PVC compounds as defined in ASTM D 1784. Use compounds qualifying for a rating of 4000 psi for water at 73.4° F per requirements of PPI TR3. Provide pipe which is homogeneous throughout, free of voids, cracks, inclusions, and other defects uniform as commercially practical in color, density, and other physical properties. Deliver pipe with surfaces free from nicks and scratches with joining surfaces of spigots and joints free from gouges and imperfections which could cause leakage. C Gaskets: 1. Gaskets shall meet the requirements of ASTM 1477. When no contaminant is identified, use elastomeric factory -installed gaskets to make. joints flexible and watertight. D Lubricant for rubber-gasketed joints: Water soluble, non -toxic, non -objectionable in taste and odor imparted to fluid, non -supporting of bacteria growth, having no deteriorating effect on PVC or rubber gaskets. 07/2006 02520 - 4 of 20 CITY OF PEARLAND GRAVITY SANITARY SEWERS E PVC Gravity Sanitary Sewer pipe shall be in accordance with the provisions in the following table: WALL TYPE MANUFACTURER PRODUCT OPTIONS ASTM DESICNATION SDR (MAX.)/ STIFFNESS (MIN.) DIAMETER SIZE RANCE Solid J-M Pipe Cei tain"1'eed Can -Tex Carlon Diamond Approved D 3034 SDR 26 / PS 115 6" to 10" Approved D 3034 SDR 35 / PS 46 12" & 15" Approved F679 SDR 35 / PS 46 18" to 27" Approved AWWA C900 DR 18 / N/A 4" to 12" Approved AWWA C905 DR 18 / N/A 14" to 36" Profile Contech A-2000 ETl Ultra -Rib Lamson Vylon Only when included in the Bid Schedule F 949 N/A / 50 psi 12" to 36" F 794 N/A / 46 psi 12" to 48" F 794 N/A / 46 psi 21 " to 48" F When solid wall PVC pipe 18 inches to 27 inches in diameter is required in SDR 26, provide pipe conforming to ASTM F 679, except provide wall thickness as required for SDR 26 and pipe strength of 115 psi. G For Gravity Sanitary Sewers up to 12 inch diameter crossing over waterlines, or crossing under waterlines with less than 2 feet separation, provide minimum 150 psi pressure -rated pipe conforming to ASTM D 2241 with suitable PVC adapter couplings. H Joints: Spigot and integral wall section bell with solid cross section elastometric or rubber ring gasket conforming to requirements of ASTM D 3212 and ASTM F 477, or ASTM D 3139 and ASTM F 477 shall be provided. Gaskets shall be factory - assembled and securely bonded in place to prevent displacement. The manufacturer shall test a sample from each batch conforming to requirements ASTM D 2444 Fittings: Provide PVC gravity sanitary sewer bends, tee or wye fittings for new sanitary sewer construction PVC pipe fittings shall be full-bodied, either injection molded or factory fabricated. Saddle -type tees, wye fittings or solvent welds are not acceptable 2.03 HIGH DENSITY POLYETHYLENE (HDPE) SOLID AND PROFILE WALL PIPE A Provide HDPE pipe as follows and only when listed as a Bid Item: WALL TYPE MANUFACTURER PRODUCT OPTIONS ASTM DESIGNATION PIPE STIFFNESS (MIN) DIAMETER RANCE (INCHES) Solid Wall Drisco Drisco Quail Poly Plexco 1000 Pipe Pipe 8600 Approved F 714 115 psi 8 to 10 07/2006 02520 - 5 of 20 CITY OF PEARLAND GRAVITY SANITARY SEWERS B Solid wall pipe shall be produced with plain end construction for heat joining (butt fusion) conforming to ASTM D 2657. Utilize controlled temperatures and pressures for joining to produce a fused leak -free joint. C Pipe and Fittings: High density, high molecular weight polyethylene pipe material meeting the requirements of Type II1, Class C Category 5 Grade P34, as defined in ASTM D1248. Material meeting the requirements of cell classification in accordance with ASTM D 3350 are also suitable for making pipe products under these specifications. D Gaskets: 1. Use gaskets meeting requirement of ASTM F 477. Use gasket molded into a circular form or extruded to the proper section and then spliced into circular form When no contaminant is identified, use gaskets of a properly cured, high-grade elastomeric compound The basic polymer shall be natural rubber, synthetic elastomer, or a blend of both. E Lubricant. Use a lubricant for assembly of gasketed joints which has no detrimental effect on the gasket or on the pipe, in accordance with manufacturer's recommendations. F Furnish pipe and fittings that are homogeneous throughout and free from visible cracks holes, foreign inclusions, or other injurious defects. Provide pipe as uniform as commercially practical in color, opacity, density, and other physical properties. 2.04 CENTRIFUGALLY CAST FIBERGLASS PIPE A Manufacturers 1 Pre -approved manufacturer for centrifugally cast fiberglass pipe is Hobas Pipe USA, Inc. 07/2006 B Materials Resin Systems. The manufacturer shall use only polyester resin systems with a proven history of performance in this particular application. The historical data shall have been collected from applications of a composite material of similar construction and composition as the proposed product. 2. Glass Reinforcements: The reinforcing glass fibers used to manufacture the components shall be of highest quality commercial grade glass filaments with binder and sizing compatible with impregnating resins 3. Fillers: Silica sand or other suitable materials may be used. 4. Additives: Resin additives, such as pigments dyes, and other coloring agents, if used, shall in no way be detrimental to the performance of the product nor shall they impair visual inspection of the finished products. 5. Rubber Gaskets: Supply from an approved gasket manufacturer in accordance with ASTM F 477, when no contaminant is identified and suitable for the service intended. Gaskets shall either be affixed to the pipe by means of a suitable adhesive or shall be installed in such a manner so as to prevent the gasket from rolling out of the pre-cut groove in the pipe or sleeve coupling. 02520 - 6 of 20 CITY OF PEARLAND GRAVITY SANITARY SEWERS 6. The internal liner resin shall be suitable for service as sewer pipe, and shall be highly resistant to exposure to sulfuric acid as produced by biological activity from hydrogen sulfide gases. Pipe shall meet or exceed requirements of ASTM D 3681. C Pipes 1. Furnish pipes in the diameters specified and within the tolerances specified below. 2. Manufacture pipe by the centrifugal casting process to result in a dense, nonporous, corrosion -resistant, consistent composite structure to meet the operating conditions as shown on the Plans. 3. Do not use stiffening ribs or rings. D Couplings: Unless otherwise specified, the pipe shall be field connected with fiberglass sleeve couplings that utilize elastomer►c sealing gaskets as the sole means to maintain Joint watertightness. The Joints must meet the performance requirements of ASTM D 4161. E Fittings: Flanges, elbows, reducers, tees, and other fittings shall be capable of withstanding operating conditions when installed. They may be contact molded or manufactured from mitered sections of pipe Joined by glass fiber reinforced overlays. F Manhole Connections: Provide a water stop flange (wall pipe) for connection to a cast -in -place manhole base or other structure. G Grout Ports: Provide grout ports in the wall of pipe when required. Provide plugs of 316 stainless steel or other corrosion -resistant material compatible with the pipe Grout port plugs shall be designed and installed to meet the test pressure of the pipe. H Dimensions 1. Diameters: The actual outside diameter of the pipes shall be in accordance with Table 3 of ASTM D 3262 for Gravity Sanitary Sewers, or ASTM D 3754 for force mains. 2. Lengths: The pipe standard length will be approximately 20 feet. A maximum of 10 percent of the lengths, excluding special order pipes, may be supplied in random lengths. 3. Wall Thickness: The minimum ave►age wall thickness shall be the stated design thickness. The minimum single point thickness shall not be less than 90 percent of the stated design thickness. 4. End Squareness: Pipe ends shall be square to the pipe axis. 5. Tolerance of Fittings: The tolerance of the angle of an elbow and the angle between the main and leg of a wye or tee shall be plus or minus 2 degrees. The tolerance on the laying length of a fitting shall be plus or minus 2 inches. Stiffness Classes 1 Stiffness class of FRP pipe shall satisfy design requirements, but shall not be less than 46 psi, when used in direct bury operation; 36 psi, when installed within a primary tunnel liner. 07/2006 02520 - 7 of20 CITY OF PEARLAND GRAVITY SANITARY SEWERS 2. Stiffness class of FRP in a pipe jacking operation shall be governed either by the ring deflection limitations or by a pipe design providing longitudinal strength required by the jacking method and shall satisfy design requirements stated below. Submit design calculations as required in Paragraph 1.05, Submittals. a. Pipe stress calculations based on jacking loads shall be provided by the pipe supplier b. Ring deflection calculations shall conform to design requirements of 30 TAC Chapter 317.20 pertaining to flexible pipe used in Gravity Sanitary Sewers. The pipe deflection calculations shall ensure that predicted deflection will be less than 5 percent under long-term loading conditions (soil prism load) for the highest density of soil overburden and surcharge loads. Deflection on calculations shall be prepared using long-term (drained) values for soil parameters contained in the geotechnical investigation report for the Project, or other site -specific data obtained by the Contractor as approved by the Engineer. J Testing 1. Pipes shall be tested in accordance with ASTM D 3262 or ASTM D 3754, as applicable, except that the factory hydrostatic pressure testing is not required. 2. Joints: Coupling joints shall be qualified per the tests of Section 7 of ASTM D 4161. K Packaging, Handling, and Shipping 1. Packing, handling, and shipping should be done in accordance with the manufacturer's recommendations. L Installation 1. Ilnstall pipe and fittings in accordance with requirements of this Section. 2. The manufacturer must supply a suitable qualified field service representative to be present periodically during the installation of pipe. 3. Pipe Bedding. Conform to requirements of Section 02318 — Excavation and Backfill for Utilities. 4. Pipe Handling: Use textile slings. 5. Jointing a. Clean ends of pipe and coupling components. b. Check pipe ends and couplings for damage. Correct any damage found. c. Coupling grooves must be completely free of dirt d. Apply joint lubricant to pipe ends and rubber seals of coupling. Use only lubricants approved by the pipe manufacturer. e. Use suitable auxiliary equipment, such as a wire rope puller, to pull joints together. f. Do not exceed forces recommended by the manufacturer for coupling pipe. If excessive force is required, r emove coupling determine source of problem, and correct it. g. In the process of jointing the pipe, do not allow the deflection angle to exceed the deflection permitted by the manufacturer. 02520 - 8 of 20 07/2006 CITY OF PEARLAND GRAVITY SANITARY SEWERS 6. If pressure grouting of the pipe is conducted as part of a pipe -jacked tunnel installation, seal the grout holes with liner resin to a thickness equal to the pipe liner thickness, or with a threaded plug for that purpose. 7. Tests: Conform to requirements of this Section 2.05 INSPECTIONS A The Engineer reserves the right to inspect pipes or witness pipe manufacturing. Such inspection shall in no way relieve the manufacturer of the responsibilities to provide products that comply with the applicable standards and these Specifications. B Manufacturer's Notification to Customer. Should the Engineer wish to witness the manufacture of specific pipes, the manufacturer shall provide the Engineer with adequate advance notice of when and where the production of those specific pipes will take place. C Failure to inspect. Approval of the products or tests is not implied by the Engineer's decision not to inspect the manufacturing, testing, or finished pipes. 2.06 TEST METHODS A Conditioning. Conditioning of samples prior to and during tests are subject to approval by the Engineer. When referee tests are required, condition the specimens in accordance with Procedure A in ASTM D 618 at 73.4 degrees F plus or minus 3.6 degrees F (23 degrees C plus or minus 2 degrees C) and 50 percent relative humidity plus or minus 5 percent relative humidity for not less than 40 hours prior to test. Conduct tests under the same conditions of temperature and humidity unless otherwise specified. B Flattening. Flatten three specimens of pipe, prepared in accordance with Paragraph 2 05A, in a suitable press until the internal diameter has been reduced to 40 percent of the original inside diameter of the pipe. The rate of loading shall be uniform and at 2- inches per minute. The test specimens, when examined under normal light and with the unaided eye, shall show no evidence of splitting, cracking, breaking or separation of the pipe walls or bracing profiles. C Joint Tightness. Test for joint tightness in accordance with ASTM D 3212, except replace the shear load transfer bars and supports with 6 inch wide support blocks that can be either flat or contoured to conform to the pipe's outer contour. D Purpose of Tests. The flattening and the joint tightness tests are not intended to be routine quality control tests, but rather to qualify pipe to a specified level of performance. 2.07 MARKING A Mark each standard and random length of pipe in compliance with these Specifications with the following information: 1. Pipe size 07/2006 02520 - 9 of 20 CITY OF PEARLAND GRAVITY SANITARY SEWERS 2. Pipe class 3. Production code 4. Material designation 3.0 EXECUTION 3.01 PREPARATION A Employ a Trench Safety Plan as specified in Section 01570—Trench Safety Systems. B Install and operate dewatering and surface water control measures in accordance with Section 01564 - Control of Ground Water and Surface Water. C Remove existing pavements and structures, including sidewalks and driveways, in conformance with requirements of Section 02220 — Site Demolition, as applicable. 3.02 DIVERSION PUMPING A Install and operate required bulkheads plugs, piping, and diversion pumping equipment to maintain sewage flow and to prevent backup or overflow. Obtain approval for diversion pumping equipment and procedures from the Engineer. B Design piping, Joints and accessories to withstand twice the maximum system pressure or 50 psi, whichever is greater. C No sewage shall be diverted into any area outside of the sanitary sewer. D In the event of accidental spill or overflow, immediately stop the overflow and take action to clean up and disinfect spillage. Promptly notify the Engineer so that required reporting can be made to the TCEQ and the Environmental Protection Agency by the Engineer. 3.03 INSPECTION AND TESTING A Acceptance testing of sanitary sewers including: 1. Visual inspection of sewer pipes 2. Mandrel testing for flexible sewer pipes. 3. Leakage testing of sewer pipes. 4. Leakage testing of manholes. B Performance Requirements: 1. Gravity sanitary sewers are required to have a straight alignment and uniform grade between manholes. 2. Flexible pipe, including "semi -rigid" pipe, is required to show no more than 5 percent deflection. Test pipe no sooner than 30 days after backfilling ofa line segment but prior to final acceptance using a standard mandrel to verify that installed pipe is within specified deflection tolerances. 3. Maximum allowable leakage for Infiltration or Exfiltration a. The total exfiltration, as determined by a hydrostatic head test, shall not exceed 50 gallons per inch diameter per mile of pipe per 24 hours 07/2006 02520 - 10 of 20 CITY OF PEARLAND GRAVITY SANITARY SEWERS at a minimum test head of 2 feet above the crown of the pipe at the upstream manhole or 2 feet above the groundwater elevation, whichever is greater. b. When pipes are installed more than 2 feet below the groundwater level, an infiltration test shall be used in lieu of the exfiltration test. The total infiltration shall not exceed 50 gallons per inch diameter per mile of pipe per 24 hours. Groundwater elevation must be at least 2 feet above the crown of the pipe at the upstream manhole. c. Refer to Table 2530-1, Water Test Allowable Leakage, at the end of the Section, for measuring leakage in sewers. Perform leakage testing to verify that leakage criteria are met 4. Perform air testing in accordance with requirements of this Section and the Texas Natural Resources Conservation Commission requirements. Refer to Table 02530-2, Time Allowed For Pressure Loss From 3.5 psig to 2.5 psig, Table 02530-3, Minimum Testing Times for Low Pressure Air Test, and Table 02530-4, Vacuum Test Time Table, at the end of this Section. C Gravity Sanitary Sewer Quality Assurance: 1. Repair, correct, and retest manholes or sections of pipe which fail to meet specified requirements when tested. 2. Provide testing reports and video tape of television inspection as directed by Engineer. 3. Upon completion of tape reviews by Engineer, Contractor will be notified regarding final acceptance of the sewer segment. D Sequencing and Scheduling: 1. Perform testing as work progresses. Schedule testing so that no more than 1000 linear feet of installed sewer remains untested at any one time. 2. Coordinate testing schedules with Engineer Perform testing under observation of Engineer. E Deflection Mandrel: 1. Mandrel Sizing. The rigid mandrel shall have an outside diameter (O.D.) equal to 95 percent of the inside diameter (1.D.) of the pipe. The inside diameter of the pipe for the purpose ofdetermining the outside diameter of the mandrel, shall be the average outside diameter minus two minimum wall thicknesses for O.D. controlled pipe and the average inside diameter for I.D controlled pipe, dimensions shall be per appropriate standard. Statistical or other "tolerance packages" shall not be considered in mandrel sizing. 2. Mandrel Design. The rigid mandrel shall be constructed of a metal or a rigid plastic material that can withstand 200 psi without being deformed. The mandrel shall have nine or more "runners" or "legs" as long as the total number of legs is an odd number. The barrel section of the mandrel shall have a length of at least 75 percent of the inside diameter of the pipe. The rigid mandrel shall not have adjustable or collapsible legs which would allow a reduction in mandrel diameter during testing A proving r ing shall be provided and used for modifying each size mandrel. 02520 - I 1 of20 07/2006 CITY OF PEARLAND GRAVITY SANITARY SEWERS 3. Proving Ring. Furnish a "proving ring" with each mandrel. Fabricate the ring of 1/2 inch thick, 3-inch-wide bar steel to a diameter 0.02 inches larger than approved mandrel diameter. 4. Mandrel Dimensions (5 percent allowance). Average inside diameter and minimum mandrel diameter are specified in Table 02530-5, Pipe vs. Mandrel Diameter, at the end ofthis Section. Mandrels for higher strength, thicker wall pipe or other pipe not listed in the table may be used when approved by the Engineer F Exfiltration Test: 1. Water Meter: Obtain a transient water meter from the City for use when water for testing will be taken from the City system. Conform to City requirements for water meter use. 2. Test Equipment a. Pipe plugs. b. Pipe risers where the manhole cone is less than 2 feet above highest point in pipe or service lead. G Infiltration Test: 1. Test Equipment: a. Calibrated 90 degree V-notch weir. b. Pipe plugs. H Low Pressure Air Test: 1. Minimum Requirement for Equipment: a. Control panel. b. Low-pressure air supply connected to control panel. c. Pneumatic plugs: Acceptable size for diameter of pipe to be tested; capable of withstanding internal test pressure without leaking or requiring external bracing. d. Air hoses from control panel to: 1) Air supply. 2) Pneumatic plugs. 3) Sealed line for pressuring. 4) Sealed line for monitoring internal pressure. 2. Testing Pneumatic Plugs: Place a pneumatic plug in each end of a length of pipe on the ground. Pressurize plugs to 25 psig then pressurize sealed pipe to 5 psig. Plugs are acceptable if they remain in place against the test pressure without external aids. Ground Water Determination: 1. Equipment: Pipe probe or small diameter casing for ground water elevation determination. J Visual Inspection: 1. Check pipe alignment visually by flashing a light between structures. Verify if alignment is true and no pipes are misplaced. In case of misalignment or damaged pipe, remove and re -lay or replace pipe segment. 07/2006 02520 - 12 of 20 CITY OF PEARLAND GRAVITY SANITARY SEWERS K Mandrel Testing: 1 Perform deflection testing on flexible and semi -rigid pipe to confirm pipe has no more than 5 percent deflection. Mandrel testing shall conform to ASTM D 3034. Pei form testing no sooner than 30 days after backfilling of line segment, but prior to final acceptance testing of the line segment. 2. Pull the approved mandrel by hand through sewer sections. Replace any section of sewer not passing the mandrel. Mandrel testing is not required for stubs. 3. Retest repaired or replaced sewer sections. L Leakage Testing: 1. Test Options: a. Test Gravity Sanitary Sewer pipes for leakage by either exfiltration or infiltration methods, as appropriate, or with low pressure ail testing. b. Test new or rehabilitated sanitary sewer manholes with water or low pressure air. Manholes tested with low pressure air shall undergo a physical inspection prior to testing. c. Leakage testing shall be performed after backfilling of a line segment, and prior to tie-in of service connections. d. If no installed piezometer is within 500 feet of the sewer segment, Contractor shall provide a temporary piezometer for this purpose. 2. Compensating for Ground Water Pressure: a. Where ground water exists, install a pipe nipple at the same time sewer line is placed Use a 1/2-inch capped pipe nipple approximately 10 inches long. Make the installation through manhole wall on top of the sewer line where line enters manhole. b. Immediately before performing line acceptance test, remove cap, clear pipe nipple with air pressure, and connect a clear plastic tube to nipple. Support tube vertically and allow water to rise in the tube. After water stops rising, measure height in feet of water over invert of the pipe. Divide this height by 2.3 feet/psi to determine the ground water pressure to be used in line testing. 3. Exfiltration test: a. Determine ground water elevation. b. Plug sewer in downstream manhole. c. Plug incoming pipes in upstream manhole. d. Install riser pipe in outgoing pipe of upstream manhole if highest point in service lead (house service) is less than 2 feet below bottom of manhole cone. e. Fill sewer pipe and manhole or pipe riser, if used, with water to a point 2-1/2 feet above highest point in sewer pipe, house lead, or ground water table, whichever is highest. f. Allow water to stabilize for one to two hours. Take water level reading to determine drop of water surface, in inches, over a one -hour period, and calculate water loss (1 inch of water in 4 feet diameter manhole equals 8.22 gallons) or measure the quantity of water required to keep water at same level. Loss shall not exceed that calculated from 07/2006 02520 - 13 of20 CITY OF PEARLAND GRAVITY SANITARY SEWERS allowable leakage according to Table 02530-1 at the end of this Section. 4. Infiltration test: Ground water elevation must be not less than 2.0 feet above highest point of sewer pipe or service lead (house service) a. Determine ground water elevation b. Plug incoming pipes in upstream manhole. c. Insert calibrated 90 degree V-notch weir in pipe on downstream manhole. d. Allow water to rise and flow over weir until it stabilizes. e. Take five readings of accumulated volume over a period of 2 hours and use average for infiltration. The average must not exceed that calculated for 2 hours from allowable leakage according to the Table 02530-1 at the end of this Section. 5. Low Air Pressure Test: When using this test conform to ASTM C 828 ASTM C 924, or ASTM F 1417, as applicable, with holding time not less than that listed in Table 02530-2. a. Air testing for sections of pipe shall be limited to lines less than 36- inch average inside diameter b. Lines 36-inch average inside diameter and larger shall be tested at each joint. The minimum time allowable for the pressure to drop from 3.5 pounds per square inch gauge to 2.5 pounds per square inch during a joint test shall be 10 seconds, regardless of pipe size. c. For pipe sections less than 36-inch average inside diameter: 1) Determine ground water level. 2) Plug both ends of pipe. For concrete pipe, flood pipe and allow 2 hours to saturate concrete. Then drain and plug concrete pipe. 3) After a manhole -to -manhole section of sanitary sewer main has been sliplined and prior to any service lines being connected to new liner, plug liner at each manhole with pneumatic plugs. 4) Pressurize pipe to 4.0 psig. Increase pressure 1.0 psi for each 2.3 feet of ground water over highest point in system. Allow pressure to stabilize for 2 to 4 minutes. Adjust pressure to start at 3.5 psig (plus adjustment for ground water table). Refer to Table 02530-2 at the end of this Section. 5) To determine air loss, measure the time interval for pressure to drop to 2.5 psig. The time must exceed that listed in the Table 02530-2 at the end of this Section for pipe diameter and length. For sliplining, use diameter of carrier pipe. 6. Retest Any section ofpipe which fails to meet requirements shall be repaired and retested. M Test Criteria Tables 1. Exfiltration and Infiltration Water Tests: Refer to Table 02530-1, Water Test Allowable Leakage, at the end of this Section. 07/2006 02520 - 14 of 20 CITY OF PEARLAND GRAVITY SANITARY SEWERS 2. Low Pressure Air Test: a. Times in Table 02530-2 Time Allowed For Pressure Loss From 3.5 psig to 2.5 psig, at the end of this Section, are based on the equation from TCEQ Design Criteria for Sewerage Systems. 317.2(a)(4)(B). T = 0.0850(D)(K)/(Q) Where: T = Time for pressure to drop 1.0 pounds per square inch gauge in seconds K = 0.000419 DL, but not less than 1.0 D L Q RE Average inside diameter in inches Length of line of same pipe size in feet Rate of loss, 0.0015 ft3/min./sq. ft. internal surface b. Since a K value of less than 1 0 shall not be used, there are minimum testing times for each pipe diameter as given in Table 02732-3, Minimum Testing Times for Low Pressure Air Test. Notes: 1. When two sizes of pipe are involved, the time shall be computed by the ratio of lengths involved. 2. Line with a 27-inch average inside diameter and larger may be air tested at each joint. 3. Lines with an average inside diameter greater than 36 inches must be air tested for leakage at each joint 4. If the joint test is used, a visual inspection of the joint shall be performed immediately after testing. 5. For joint test, the pipe is to be pressurized to 3.5 psi greater than the pressure exerted by groundwater above the pipe. Once the pressure has stabilized, the minimum times allowable for the pressure to drop from 3.5 pounds per square inch gauge to 2.5 pounds per square inch gauge shall be 10 seconds. N Leakage Testing for Manholes 1. After completion of manhole construction, wall sealing, or rehabilitation, but prior to backfilling, test manholes for water tightness using hydrostatic or vacuum testing procedures. 2. Plug influent and effluent lines, including service lines, with suitably -sized pneumatic o1 mechanical plugs. Ensure plugs are properly rated for pressures required for test follow manufacturer's safety and installation recommendations. Place plugs a minimum of 6 inches outside of manhole walls. Brace inverts to prevent lines from being dislodged if lines entering manhole have not been backfilled. 3. Vacuum testing: 02520 - 15 of 20 07/2006 CITY OF PEARLAND GRAVITY SANITARY SEWERS a. Install vacuum tester head assembly at top access point of manhole and adjust for proper seal on straight top section of manhole structure. Following manufacturer s instructions and safety precautions, inflate sealing element to the recommended maximum inflation pressure; do not over -inflate b. Evacuate manhole with vacuum pump to 10 inches mercury (Hg), disconnect pump, and monitor vacuum for the time period specified in Table 02530-4, Vacuum Test Time Table. c. If the drop in vacuum exceeds 1 inch Hg over the specified time period tabulated above, locate leaks, complete repairs necessary to seal manhole and repeat test procedure until satisfactory results are obtained 4. Hydrostatic exfiltration testing shall be performed as follows: a Seal wastewater lines corning into the manhole with an internal pipe plug. Then fill the manhole with water and maintain it full for at least one hour b. The maximum leakage for hydrostatic testing shall be 0.025 gallons per foot diameter per foot of manhole depth per hour. c. If water loss exceeds amount tabulated above, locate leaks, complete repairs necessary to seal manhole and repeat test procedure until satisfactory results are obtained. 3.04 BACKFILL A Backfill and compact soil in accordance with Section 02318 — Excavation and Backfill for Utilities. B Backfill the trench in specified lifts only after pipe installation is approved by the Engineer. 3.05 CLEAN UP AND RESTORATION A Perform clean up and restoration in and around construction zone in accordance with Section 01 140 - Contractor's Use of Premises 3.06 PROTECTION OF THE WORK A Maintain gravity sanitary sewer installations in good condition until completion of the work 07/2006 02520 - 16 of 20 CITY OF PEARLAND GRAVITY SANITARY SEWERS Table 02530-1 WATER TEST ALLOWABLE LEAKAGE RISER DIAMETER IN INCHES OR STACK OF VOLUME PER INCH OF DEPTH ALLOWANCE LEAKAGE* INCH GALLONS PIPE INCHES SIZE IN GALLONS/MINUTE PER 100 FT. 1 0.7854 .0034 6 0.0039 2 3.1416 .0136 8 0.0053 2.5 4.9087 .0212 10 0.0066 3 7.0686 .0306 12 0.0079 4 12.5664 .0306 15 0.0099 5 19.6350 .0544 18 0.0118 6 28.2743 .1224 21 0.0138 8 50.2655 .2176 24 0.0518 27 0.0177 30 0.0197 36 0.0237 42 0.0276 For value other for diameters, 1" diameter multiply square of diameters by Equivalent inside diameter to 50 gallons per per inch per 24 hours mile * Allowable leakage rate shall be reduced to 10 gallons per inch of inside diameter per mile per 24 hours, when sewer is identified as located .within the 25-year flood plain. 07/2006 02520 - 17 of 20 CITY OF PEARLAND GRAVITY SANITARY SEWERS Table 02530-2 ACCEPTANCE TESTING FOR SANITARY SEWERS TIME PRESSURE FROM 3.5 PSIG 2.5 PSIG TO LOSS FOR ALLOWED Pipe Diam (in) Min. 'rime (min:sec) Length for Min. 'time (ft)(sec) Time for Longer Specification for Length (L) shown (minsec) Tune Length 100 ft 150 ft 20011 250 ft 300 ft 350 ft 400 ft 450 ft500 ft 550 1't 600 ft 6 5:40 398 0.8548 5:40 5:40 5:40 5:40 5:40 5:40 5:42 6:25 7:07 7:50 8:33 8 7:33 298 1.5196 7:33 7:33 7:33 7:33 7:36 8:52 10:08 11:24 12:40 13:36 15:12 10 9:27 239 2.3743 9:27 9:27 9:27 9:54 11:52 13:51 15:50 17:48 19:47 21:46 23:45 12 11:20 199 3.4190 11:20 11:20 11:20 14:15 17:06 19:57 22:48 25:39 28:30 31:20 34:11 15 14:1(1 159 5.3423 14:10 14:10 17:48 22:16 26:43 31:10 35:37 40:04 44:31 48:58 53:25 18 17:00 133 7.6928 17:00 19:14 25:39 32:03 38:28 44:52 51:17 57:42 64:06 70:31 76:56 21 19:50 114 10.4708 19:50 26:11 34:54 43:38 52:21 61:05 69:48 78:32 87:15 95:59 104:42 24 22:40 99 13.6762 22:48 34:11 45:35 56:59 68:23 79:47 91:10 102:34 113:58 125:22 136:46 27 25:30 88 17.3089 28:51 43:16 57:42 72:07 86:33 100:58 115:24 129:49 144:14 158:40 173:05 30 2820 80 21.3690 35:37 53:37 71:14 89:02 106:51 124:39 142:28 160:16 178:05 195:53 213:41 33 31:10 72 25.8565 43:06 64:38 86:1 1 107:44 129:17 150:50 172:23 193:55 21 5:28 237.01 258:34 Table 02530-3 MINIMUM TESTING TIMES FOR LOW PRESSURE AIR TEST PIPE DIAMETER (INCHES) MINIMUM TIME (SECONDS) LENGTH FOR MINIMUM TIME (FEET) TIME FOR LONGER LENGTH (SECONDS) 6 8 10 12 15 18 21 24 27 30 33 340 454 567 680 850 1020 1190 1360 1530 1700 1870 398 298 239 199 159 133 114 100 88 80 72 0.855 (L) 1.520 (L) 2 374 (L) 3419(L) 5 342 (L) 7 693 (L) 10.471 (L) 13.676 (L) 17.309 (L) 21.369 (L) 25.856 (L) 07/2006 02520 - 18 of 20 CITY OF PEARLAND GRAVITY SANITARY SEWERS Table 02530-4 VACUUM TEST TIME TABLE DEPTH IN SECONDS BY PIPE DIAMETER TIME IN FEET 48" 60" 72" 4 10 13 16 8 20 26 32 12 30 39 48 16 40 52 64 20 50 65 80 24 60 78 96 * 5.0 6.5 8.0 *Add T times for each additional 2-foot depth. (The values listed above have been extrapolated from ASTM C 924-85) • 07/2006 02520 - 19 o1'20 CITY OF PEARLAND GRAVITY SANITARY SEWERS Table 02530-5 PIPE VS. MANDREL DIAMETER MATERIAL AND WALL CONSTRUCTION NOMINAL SIZE (INCITES) AVERAGE I D. (INCHES) MINIMUM MANDREL DIAMETER (INCHES) PVC -Solid (SDR 26) 6 8 10 5.764 7.715 9.646 5 476 7 379 9162 PVC -Solid (SDR 35) 12 11.737 11.150 15 14.374 13.655 18 17.629 16.748 21 20.783 19.744 24 23.381 22.120 27 26.351 25.033 PVC -Truss 8 7.750 7.363 10 9.750 9.263 12 11.790 11.201 15 14.770 14.032 PVC -Profile (ASTM F 794) 12 11.740 11.153 15 14.370 I3.(52 18 17.650 16.768 21 20.750 19.713 24 23.500 22.325 27 26.500 25.175 30 29.500 28.025 36 35.500 33.725 42 41.500 39.425 48 47.500 45.125 HDPE-Profile 18 18.000 17.100 21 21.000 19.950 24 24.000 22.800 27 27.000 25.650 30 30.000 28.500 36 36.000 34.200 42 42.000 39.900 48 48.000 45.600 54 54.000 51.300 60 60.000 57.000 Fiberglass -Centrifugally Cast (Class SN 46) 12 12.85 11.822 18 18.66 17.727 20 20.68 19.646 24 24.72 23.484 30 30.68 29.14( 36 36.74 34.)03 42 42.70 40.565 48 48.76 46.322 54 54.82 52.079 60 60.38 57.361 END OF SECTION 07/2006 02520 - 20 of 20 CITY OF PEARLAND P VC PIPE Section 02534 PVC PIPE 1.0 GENERAL 1.01 SECTION INCLUDES A Polyvinyl chloride pressure pipe for water distribution in nominal diameters 4 inches through 16 inches. B Polyvinyl chloride sewer pipe for gravity sanitary sewers in nominal diameters 4 inches through 48 inches. C Polyvinyl chloride pressure pipe for gravity sanitary sewers and force mains in nominal diameters 4 inches through 36 inches. D References to Technical Specifications: 1. Section 01350 — Submittals 2. Section 02634 — Ductile Iron Pipe and Fittings 3. Section 02533 — Sanitary Sewage Force Mains 4. Section 02512 — Polyethylene Wrap 5 Section 02510 — Water Mains 6. Section 02530 — Gravity Sanitary Sewers 7. Section 02731 — Sanitary Sewage Force Mains 8. Section 02630 — Storm Sewers 9. Section 02318 — Excavation and Backfill for Utilities E Referenced Standards: 1. American Water Works Association (AWWA) a. AWWA C900 Polyvinyl Chloride (PVC) Pressure Pipe, 4" — 12" for Water Distribution b. AWWA C905 Polyvinyl Chloride (PVC) Water Transmission Pipe, Nominal Diameters, 14in. Through 36 in. c. AWWA C1 10 Ductile -Iron and Gray Iron Fittings for Water 2. American Society for Testing and Materials (ASTM) a. ASTM D 1784, "Standard Specification for Rigid Poly Vinyl Chloride (PVC) Compounds and Chlorinated Poly Vinyl Chloride (CPVC) Compounds' b. ASTM F 477 "Standard Specification for Elastomeric Seals (Gaskets) for Joining Plastic Pipe" c. ASTM D 3139, Standard Specification for Joints for Plastic Pressure Pipes Using Flexible Elastomeric Seals" d. ASTM D 3034, ` Standard Specification for Type PSM Poly Vinyl Chloride (PVC) Sewer Pipe and Fittings" e. ASTM F 949, "Standard Specification for Poly Vinyl Chloride (PVC) Corrugated Sewer Pipe with a Smooth Interior and Fittings" 07/2006 02534 - 1 of 6 CITY OF PEARLAND PVC PIP, l Chloride f. ASTM D 794 "Standard SpecificationrPoly Based onyControlted(Ins de PV Profile Gravity Sewer Pipe and Fittings Diameter" g. ASTM F 679, "Standard Specification for Poly Vinyl Chloride (P C) Large -Diameter Plastic Gravity Sewer Pipe and Fittings' h. ASTM D 2241, "Standard Specification for Poly Vinyl Chloride (P' V C) Pressure -Rated Pipe (SDR Series)" i ASTM D 3212, `Standard Specification for Joints for Drain and S. ewer Plastic Pipes Using Flexible Elastomeric Seals i. ASTM D 2444, ` Standard Test Method for Determination for the Impact Resistance of Thermoplastic Pipe and Fittings by Means of a Tup (Falling Weight)" k. ASTM D 1248, ` Standard Specification for Polyethylene Plastics Extrusion Materials for Wire and Cable" 1. ASTM D 2321, "Standard Practice for Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity -Flow Applications" ./3 American National Standards Institute (ANSI) ater a. ANSI A21 10 Cast Irpa ked puctile Iron Fittings, 2 t Joints Cast and Ductilellru ongPress✓P Pipe b. ANSI A21.11 Rubber 1.02 MEASUREMENT AND PAYMENT pipe er A Unless indicated as a Bid Item, no separate for Water Mait ms! Gravity Sanbe made for itary Sewer, and VC this Section. Include cost in Bid Items Sanitary Sewage Force Mains. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 Submittals. . B Submit Shop Drawings showing design of new pipe and fitti agne Spec icatt g a ignment and grade, laying dimensions, fabrication, fittings, flanges, 1.04 QUALITY CONTROL A Submit manufacturer's certificaoionr As�pA C90OVC pipe for pressure pipe appliings meet gatio seo the nts of this Section and AWWA C900 appropriate ASTM standard specified for gravity sewer pipe. B Submit manufacturer's certificatthat PVC AMWA `re C900pipe or AWWAhydrostatically and this tested at the factory in accordance Section. material teste C When foreign manufactured materiASTMal is requproposefor use, re nenta by certified eindependent teating for conformance to applicable source is not laboratory located in United States. reports to the Engineer for reviewn from any er Cost of testing acceptable. Furnish copies of p shall be borne by Contractor or Supplier. 02534-2of6 07/2006 CITY OF PEARLAND PVC PIPE 2.0 PRODUCTS 2.01 MATERIAL A Use PVC compounds in the manufacture of pipe that contain no ingredient in an amount that has been demonstrated to migrate into water in quantities considered to be toxic. B Furnish PVC pressure pipe manufactured from Class 12454-A or Class 12454-B virgin PVC compounds as defined in ASTM D 1784. Use compounds qualifying for a rating of 4000 psi for water at 73.4 degrees F per requirements of PPl TR3. Provide pipe which is homogeneous throughout, free of voids, cracks, inclusions, and other defects, uniform as commercially practical in color, density and other physical properties. Deliver pipe with surfaces free from nicks and scratches with joining surfaces of spigots and joints free from gouges and imperfections which could cause leakage. C For PVC pressure pipe used for water mains, provide self -extinguishing PVC pipe that bears Underwriters' Laboratories mark of approval and is acceptable without penalty to Texas State Fire Insurance Committee for use in fire protection lines. D Gaskets: 1. Gaskets shall meet the requirements of ASTM F 477. Use elastomeric factory - installed gaskets to make joints flexible and watertight 2. Pipes to be installed in potentially contaminated areas especially where free product is found near the elevation of the proposed sewer, shall have the following gasket materials for the noted contaminants. CONTAMINANT CASKET MATERIAL REQUIRED Petroleum (diesel, gasoline) Nitrile Rubber Other contaminants As recommended by the pipe manufacturer E Lubricant for rubber-gasketed joints: Water soluble, non -toxic, non -objectionable in taste and odou imparted to fluid, non -supporting of bacteria growth, having no deteriorating effect on PVC or rubber gaskets. 2.02 WATER SERVICE PIPE A Pipe 4-inch through 12-inch: AWWAC900, Class 150, DR 18; nominal 20-foot lengths; cast iron equivalent outside diameters. B Pipe 16-inch: AWWA C905; Class 235; DR 18; nominal 20 foot lengths; cast iron equivalent outside diameter. C Joints: ASTM D 3139; push -on type joints in integual bell or separate sleeve couplings. Do not use socket type or solvent weld type joints. 07/2006 02534 - 3 of 6 CITY OF PEARLAND D Make curves and bends by deflecting the Joints. Do not exceed maximum deflection recommended by the pipe manufacturer. Submit details of other methods of providing curves and bends for review by the Engineer. E Hydrostatic Test: AWWA C900, AWWA C905, ANSI A21.10 (AWWA C1 10); at point of manufacture; submit manufacturer's written certification. 2.03 BENDS AND FITTINGS FOR PVC PRESSURE PIPE A Bends and Fittings: ANSI A21.10, ductile iron; ANSI A21.11 single rubber gasket push -on type Joint; minimum 150 psi pressure rating. B Coatings and Linings: Conform to requirements of Section 02634— Ductile IronPipe and Fittings. 2.04 GRAVITY SANITARY SEWER PIPE A PVC gravity sanitary sewer pipe shall be in accordance with the provisions in the following table: PVC PIPE WALL TYPE MANUFACTURER PRODUCT 01'I'IONS ASTM DESIGNATION SDR (MAX.) / STIFFNESS (MIN.) DIAMETER SIZE RANGE Solid Profile J-M Pipe CertainTeed Can -Tex Carlon Diamond Contech A-2000 ETI Ultra -Rib Lamson Vylon Approved D3034 SDR 26 / PS 115 6" tor Approved D3034 SDR 35/PS46 12" & 15" Approved Approved Approved Only when included in the Bid Schedule F679 AWWA C900 AWWA C905 F949 F794 F794 SDR 35 / PS 46 DR 18 / N/A DR 18 / N/A N/A / 50 psi N/A / 46 psi N/A / 46 psi 18" to 27" 4'to12" 14" to 36" 12" to 36" 12" to 48" 21" to48" B When solid wall PVC pipe 18 inches to 27 inches in diameter is required in SDR 26, provide pipe conforming to ASTM F679, except provide wall thickness as required for SDR 26 and pipe strength of 115 psi. C For sewers up to 12-inch-diameter crossing over waterlines, or crossing under waterlines with less than 2 feet separation, provide minimum 150 psi pressure -rated pipe conforming to ASTM D 2241 with suitable PVC adapter couplings. D Joints: Spigot and integral wall section bell with solid cross section elastometric or rubber ring gasket conforming to requirements of ASTM D 3212 and ASTM F 477. E ASTM D 3139 and ASTM F 477 shall be provided. Gaskets shall be factory - assembled and securely bonded in place to prevent displacement. The manufacturer shall test a sample from each batch conforming to requirements ASTM D 2444 02534-4of6 07/2006 CITY OF PEARLAND PVC PIPE F Fittings: Provide PVC gravity sewer sanitary bends, tee, or wye fittings for new sanitary sewer construction. PVC pipe fittings shall be full-bodied, either injection molded or factory fabricated. Saddle -type tee or wye fittings are not acceptable. 2.05 SANITARY SEWER FORCE MAIN PIPE A Provide PVC pressure pipe conforming to the requirements for water service pipe, and conforming to the minimum working pressure rating specified in Section 02533 — Sanitary Sewage Force Mains. B Acceptable pipe joints are integral bell -and -spigot, containing a bonded -in elastomeric sealing ring meeting the requirements of ASTM F 477. In designated areas requiring restrained joint pipe and fittings, use EBAA Iron Series 2000PV, Uniflange Series 1350 restrainer, or equal joint restraint device conforming to UNI-B-13, for PVC pipe 12-inch diameter and less. C Fittings: Provide ductile iron fittings as per this Section, 2.03 "Bends and Fittings for PVC Pressure Pipe", except furnish all fittings with one of the following internal linings: 1. Nominal 40 mils (35 mils minimum) virgin polyethylene complying with ASTM D 1248, heat fused to the interior surface of the fitting, as manufactured by American Cast Iron Pipe !Polybond", or U.S. Pipe ' Polyline" 2. Nominal 40 mils (35 mils minimum) polyurethane, Corro-pipe II by Madison Chemicals, Inc 3. Nominal 40 mils (35 mils minimum) ceramic epoxy, Protecto 401 by Enduron Protective Coatings. D Exterior Protection: Provide polyethylene wrapping of ductile iron fittings as required by Section 02512 — Polyethylene Wrap. E Hydrostatic Tests: Hydrostatically test pressure rated pipe in accordance with this Section, 2.02E. F Manufacturers: Approved manufacturers of pressure rated, solid wall PVC pipe for sanitary sewer force mains are: 1. J & M Manufacturing Company, Inc. 2. CertainTeed Corporation 3. Diamond Plastics Corporation 4. Carlon Company 5. North American Pipe Corporation (NAPCO) 3.0 EXECUTION 3.01 PROTECTION A Store pipe under cover out of direct sunlight and protect from excessive heator harmful chemicals in accordance with the manufacturer s recommendations: 07/2006 02534 - 5 of 6 CITY OF PEARLAND PVC PIPE 3.02 INSTALLATION A Conform to requirements of Section 02510 — Water Mains, Section 02530 — Gravity Sanitary Sewers, Section 02731 — Sanitary Sewage Force Mains, and Section 02630 — Storm Sewers. B Install PVC pipe in accordance with Section 02318 — Excavation and Backfill for Utilities, ASTM D 2321, and manufacturer's recommendations. C Water service pipe 12 inches in diameter and smaller: Installed to clear utility lines and have minimum 4 feet of cover below lowest property line grade of street, unless otherwise required by Plans. D For water service, exclude use of PVC within 200 feet (along the public right-of-way) of underground storage tanks or in undeveloped commercial acreage. Underground storage tanks are primarily located on service stations but can exist at other commercial establishments E Avoid imposing strains that will overstress or buckle the pipe when lowering pipe into trench. F Hand shovel pipe bedding under the pipe haunches and along the sides of the pipe barrel and compact to eliminate voids and ensure side support. END OF SECTION 07/2006 02534 - 6 of 6 CITY OF PEARLAND CONCRETE PAVEMENT 1.0 GENERAL 1.01 SECTION INCLUDES Section 02751 CONCRETE PAVEMENT A Portland Cement Concrete Pavement for Concrete Streets, Driveways and Sidewalks; Joints and Curing Materials. B References to Technical Specifications: 1. Section 01200 — Measurement and Payment Procedures 2. Section 01350 — Submittals 3. Section 01450 — Testing Laboratory Services C Referenced Standards* l . American Society for Testing and Materials (ASTM) a. ASTM C 150, "Standard Specification for Portland Cement" b. ASTM C 94, "Standard Specification for Ready -Mixed Concrete" c. ASTM C 33 "Standard Specification for Concrete Aggregates' d. ASTM C 131, "Standard Test Methods for Resistance to Degradation of Small -Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine" e . ASTM C 136, "Standard Test Method for Sieve Analysis of Fine and Coarse Aggregates" f. ASTM C 40, "Standard Test Method for Organic Impurities in Fine Aggregates for Concrete' g. ASTM C 260 h. ASTM C 494, "Standard Specification for Chemical Admixtures for Concrete" i. ASTM A 615, "Standard Specification for Deformed and Plain Carbon -Steel Bars for Concrete Reinforcement' j. ASTM D 994, "Standard Specification for Preformed Expansion Joint Filler for Concrete (Bituminous Type)' k. ASTM D 1751, "Standard Specification for Preformed Expansion Joint Filler for Concrete Paving and Structural Construction (Nonextruding and Resilient Bituminous Type) 1. ASTM D 6690, `Standard Specification for Joint and Crack Sealants, Hot -Applied, for Concrete and Asphaltic Pavements" m. ASTM C 39, "Standard Test Method for Compressive Strength of Concrete" n . ASTM C 31, "Standard Practice for Making and Curing Concrete Test Specimens in the Field" o . ASTM C 143, "Standard Test Method for Slump of Hydraulic Cement Concrete" 07/2006 02751 - 1 of 16 CITY OF PEARLAND CONCRETE PAVEMENT p. ASTM C 138, "Standard Test Method for Density (Unit Weight),Yidld, and Air Content (Gravimetrtc) of Concrete" q. ASTM C 231,"Standard Test Method for Air Content of Freshly Mi+ed Concrete by the Pressure Method" r. ASTM C 171 "Standard Specification for Sheet Materials for Curing Concrete" s. ASTM C 309, "Standard Specification for Liquid Membrane -Forming Compounds for Curing Concrete" t. ASTM C 42, "Standard Test Method for Obtaining and Testing MIS Cores and Sawed Beams of Concrete" 2. Texas Department of Transportation (TxDOT) a. Tex-406-A, ` Material Finer than 75-µm (No. 200) Sieve in Mineral Aggregates (Decantation Test for Concrete Aggregates) b. Tex-203-F, "Sand Equivalent Test" c. Standard Specifications for Construction and Maintenanez of Highways, Streets and Bridges 2004 Adoption 1) Item 438 "Cleaning and Sealing Joints and Cracks (Rigid Pavements and Bridge Decks)" 1.02 MEASUREMENT AND PAYMENT A Measurement for concrete paving is on square yard basis. Separate measurement will be made for each different required thickness of pavement. B Payment includes all labor and materials required for installation of concrete paving, joints and curing material, as indicated on Plans. C Refer to Section 01200 — Measurement and Payment Procedures. D Refer to this Section, 3.26 "Noncomforming Pavement" for unit price adjustments for deficient thickness. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. Submittals shall conform to requirements of Section 01350 - Submittals. B Submit proposed mix design and test data for each type and strength of concrete in Work. Include proportions and actual compressive strength obtained from design mixes at required test ages. C Submit manufacturer's description and characteristics for mixing equipment, and for traveling form paver, if proposed for use, for approval. D Submit manufacturer's certificates giving properties of reinforcing steel. Provide specimens for testing when required by the Engineer. 02751-2of16 07/2006 CITY OF PEARLAND CONCRETE PAVEMENT Submit product data for joint sealing compound and proposed sealing equipment for approval. F Submit samples of dowel cup, metal supports, and deformed metal strip for approval. 1.04 HANDLING AND STORAGE A Do not mix different classes of aggregate without written permission of the Engineer. B Class of aggregate being used may be changed before or during Work with written permission of the Engineer. New class shall comply with specifications. C Segregated aggregate will be rejected. Before using aggregate whose particles are separated by size, mix them uniformly to grading requirements. D Aggregates mixed with dirt, weeds or foreign matter will be rejected. E Do not dump or store aggregate in roadbed. 2.0 PRODUCTS 2.01 MATERIALS A Portland Cement: 1. Sample and test cement to verify compliance with Standards of ASTM C 150, Type 1 or Type 11I. 2. Bulk cement which meets referenced standards may be used if the method of handling is approved by the Engineer. When using bulk cement, provide satisfactory weighing devices. B Water: Conform to requirements for water in ASTM C 94. C Coarse Aggregate: Gravel or crushed stone, or combination thereof, which is clean hard, durable conforms to requirements of ASTM C 33, and has abrasion loss not more than 45 percent by weight when subjected to Los Angeles Abrasion Test (ASTM C 131). No pit run giavel will be allowed. 1. Maximum percentage by weight of deleterious substances shall not exceed following values: PERCENT BY WEIGHT ITEM OF TOTAL SAMPLE MAXIMUM Clay lumps and friable particles. 3.0 Material finer than 75-pm (No. 200) sieve: Concrete subject to abrasion. 3.0* 07/2006 02751 - 3 of 16 CITY OF PEARLAND CONCRETE PAVEMENT All other concrete. Coal and lignite: Where surface appearance of concrete is of importance. All other concrete. In case of manufactured sand, if material finer than 75-µm (No. 200) sieve consists of dust of fracture, essentially free from clay o► shale, these limits may be increased to 5 and 7 percent, respectively. 2. Coarse aggregate (size 1 1/2 inch to No. 4 sieve) shall conform to requirements of ASTM C 33. Gradation shall be within following limits when graded in accordance with ASTM C 136: SIEVE DESIGNATION (SQUARE OPENINGS) Retained on 1 3/4 inch sieve Retained on 1 1/2 inch sieve Retained on 3/4 inch sieve Retained on 3/8 inch sieve Retained on No. 4 sieve Loss by Decantation Test *Method Tex-406-A * (PERCENTAGE BY WEIGHT) 0 0to5 30 to 65 70 to 90 95 to 100 1.0 maximum In case of aggregates made primarily from crushing of stone, if material finer than 200 sieve is dust of fracture essentially free from clay or shale as established by Part 11l of Tex-406-A, percent may be increased to 1.5 D Fine Aggregate: Sand, manufactured sand, or combination thereof, composed of clean, hard durable, uncoated grains, free from loams or other injurious foreign matter. Fine aggregate for concrete shall conform to requirements of ASTM C 33. Gradation shall be within following limits when graded in accordance with ASTM C 136: SIEVE DESIGNATION (SQUARE OPENINGS) Retained on 3/8 inch sieve Retained on No. 4 sieve Retained on No. 8 sieve Retained on No. 16 sieve Retained on No. 30 sieve Retained on No. 50 sieve 07/2006 (PERCENTAGE BY WEIGHT) 0 0to5 O to 20 15 to 50 35to75 65 to 90 02751-4of16 CITY OF PEARLAND CONCRETE PAVEMENT r Retained on No. 100 sieve 90 to 100 L Retained on No. 200 sieve 97 to 100 1. When subjected to color test for organic impurities (ASTM C 40), fine Laggregate shall not show color darker than standard color. Fine aggregate shall be subjected to Sand Equivalent Test(Tex-203-F). Sand equivalent value ' shall not be less than 80, unless higher value is shown on Plans. E Air Entraining Agent: Furnish an air entraining agent conforming to requirements of ASTM C 260. F Water Reducer: Water reducing admixture conforming to requirements of ASTM C 494 may be used if required to improve the workability of concrete. Amount and type of such admixture shall be subject to approval by the Engineer. G Reinforcing Steel: 7 I. Provide new billet steel manufactured by open hearth process and conforming to ASTM A 615, Grade 60. Store steel to protect it from mechanical injury and rust. At time of placement, steel shall be free from dirt, scale,rust, paint, r oil or other injurious materials. 2. Cold bend reinforcing steel to shapes shown. Once steel has been bent,it may not be rebent. To- 2.02 CONCRETE JOINTS 7 A When allowed on the Plans,or with approval of the Engineer,Board Expansion Joint Material may be used: Filler board of selected stock. Use wood of density and type as follows: 1. Clear,all-heart cypress weighing no more than 40 pounds per cubic foot,after being oven dried to constant weight. 2. Clear, all-heart redwood weighing no more than 30 pounds per cubic foot, t'-', after being oven dried to constant weight. L 3. Use wood only when part of a load transmission device assembly. B Unless specified otherwise, use Preformed Expansion Joint Material: Bituminous i fiber and bituminous mastic composition material conforming to ASTM D 994 and ASTM D 1751. [7' C Joint Sealing Compound: 1. Hot poured rubber-asphalt compound meeting the requirements of ASTM D 6690. 1r". 2. When indicated on Plans, self-leveling Low Modulas Silicone sealant single L. component meeting the requirements of TxDOT Specification 438. r D Load Transmission Devices: L rfr 07/2006 02751 -5 of 16 r, CITY OF PEARLAND CONCRETE PAVEMENT 1. Smooth, steel dowel bars conforming to ASTM A 615, Grade 60. When indicated on Plans,encase one end of dowel bar in approved cap having inside diameter 1/16 inch greater than diameter of dowel bar. 2. Deformed steel tie bars conforming to ASTM A 615, Grade 60. .., E Metal Supports for Reinforcing Steel and Joint Assembly: Employ metal supports of 1 approved shape and size that will secure reinforcing steel and joint assembly in correct position during placing and finishing of concrete. Space supports as directed by the Engineer. 2.03 EQUIPMENT A Equipment: Conform to requirements of ASTM C 94. 2.04 MIXING A Employ and pay certified testing laboratory to prepare mix designs. Compressive strength shall be as specified using test specimens prepared in accordance with ASTM C 31 and tested in accordance with ASTM C 39. Contractor shall determine and measure batch quantity of each ingredient,including all water for batch designs and all concrete produced for Work. Mix shall conform to these specifications and other requirements indicated on Plans. B Mix design to produce concrete which will have a minimum compressive strength of 2500 psi at 7days and 3500 psi at 28 days. When high-early-strength cement is used, it shall reach a minimum compressive strength of 3500 psi at 7 days and 4000 at 28 days. Slump of concrete shall be at least 2 inch, but no more than 5 inches, when tested in accordance with ASTM C 143. 1. Concrete pavement shall contain at least 5 1/2 sacks (94 pounds per sack)of cement per cubic yard,with not more than 6.5 gallons of water,net,per sack of cement (water cement ratio maximum 0.57). Cement content shall be determined in accordance with ASTM C 138. Addition of mineral filler may be used to improve workability or plasticity of concrete to limits specified. 2. Coarse dry aggregate shall not exceed 85 percent of loose volume of concrete. 3. Add air-entraining admixture to ensure uniform distribution of agent throughout batch. Base air content of freshly mixed air-entrained concrete upon trial mixes with materials to be used in Work, adjusted to produce concrete of required plasticity and workability. Percentage of air entrainment in mix shall be 4 1/2 percent plus or minus 1 1/2 percent. Air content shall be determined by testing in accordance with ASTM C 231. 4. Use retardant when temperature exceeds 90 degrees F. Proportion shall be as recommended by manufacturer. Use same brand as used for air-entraining agent. Add and batch material using same methods as used for air-entraining agent. Accelerators will not be allowed unless approved by the Engineer. 1 07/2006 02751 -6 of 16 r 1 ri E CITY OF PEARLAND CONCRETE PAVEMENT 2.05 COVER MATERIALS FOR CURING A Curing materials shall conform to one of following: 1. Polyethylene Film: Opaque pigmented white film conforming to requirements of ASTM C 171. 2. Waterproofed Paper: Paper conforming to requirements of ASTM C 171. 3. Cotton Mats: Single layer of cotton filler completely enclosed in cover of cotton cloth. Mats shall contain not less than 3/4 of a pound of uniformly distributed cotton filler per square yard of mat. Cotton cloth used for covering materials shall weigh not less than 6 ounces per square yard. Mats shall be stitched so that mat will contact surface of pavement at all points when saturated with water. 4. Liquid Membrane-forming Compounds: Liquid membrane-forming compounds shall conform to ASTM C 309. Membrane shall restrict loss of water to not more than 0.55 kg/mz of surface in 72 hours. 3.0 EXECUTION 3.01 EXAMINATION A Verify compacted base is ready to support imposed loads and meets compaction requirements. B Verify lines and grades are correct. 3.02 PREPARATION A Properly prepare, shape and compact each section of subgrade before placing forms, reinforcing steel or concrete. After forms have been set to proper grade and alignment, use subgrade planer to shape subgrade to its final cross section. Check contour of subgrade with template. B Remove subgrade that will not support loaded form. Replace and compact subgrade to required density. 3.03 EQUIPMENT A Alternate equipment and methods, other than those required by this article, may be used provided the Contractor demonstrates that equal, or better, results will be obtained. Maintain equipment for preparing subgrade and for finishing and compacting concrete in good working order. Unless approved otherwise by the Engineer or the Plans, slip form paving methods shall be used. B Subgrade Planer and Template: 1. Use subgrade planer with adjustable cutting blades to trim subgrade to exact section shown on Plans. Select planer mounted on visible rollers which ride on forms. Planer frame must have sufficient weight so that it will remain on form at all times,and have such strength and rigidity that,under tests made by 07/2006 02751 -7 of 16 F '"1 1 CITY OF PEARLAND CONCRETE PAVEMENT ,. changing support from wheels to center,planer will not develop deflection of r1 more than 1/8 inch. Tractors used to pull planer shall not produce ruts or indentations in subgrade. When slip form method of paving is used, operate subgrade planer on prepared track grade or have it controlled by electronic �, sensor system operated from string line to establish horizontal alignment and elevation of subbase. 2. Provide template for checking contour of subgrade. Template shall be long 7 enough to rest upon side forms and have such strength and rigidity that, when supported at center, maximum deflection shall not exceed 1/8 inch. Fit template with accurately adjustable rods projecting downward at 1 foot intervals. Adjust these rods to gauge cross sections of slab bottom when template is resting on side forms. -' C Machine Finisher: Provide a power-driven,transverse finishing machine designed and operated to strike off and consolidate concrete. Machine shall have two screeds I accurately adjusted to crown of pavement and with frame equipped to ride on forms. Use finishing machine with rubber tires if it operates on concrete pavement. 7 D Hand Finishing: 1. Provide mechanical strike and tamping template 2 feet longer than width of pavement to be finished. Shape template to pavement section. 2. Provide two bridges to ride on forms and span pavement for finishing expansion and dummy joints. Provide floats and necessary edging and 1 finishing tools. 1 E Belt Finishing:While concrete is still workable,give surface final belting to produce a uniform surface of gritty texture. Perform belting with short rapid transverse strokes 7 having sweeping longitudinal motion. F Vibrators: Furnish mechanically operated synchronized vibrators mounted on tamping bar which rides on forms and hand-manipulated mechanical vibrators. Furnish I vibrators with frequency of vibration to provide maximum consolidation of concrete without segregation. 7 G Traveling Form Paver: Approved traveling form paver may be used in lieu of construction methods employing forms, consolidating, finishing and floating r' equipment. Requirements of this specification for subgrade, pavement tolerances, pavement depth,alignments,consolidation,finishing and workmanship shall be met. If traveling form paver does not provide concrete paving that meets the compaction, r� finish and tolerances requirements of this specification, its use shall be immediately 1 discontinued when so ordered by the Engineer and conventional methods shall be used. 1. Equip traveling paver with longitudinal transangular finishing float adjustable to crown and grade. Float shall be long enough to extend across pavement to side forms or edge of slab. r1 2. Insure that continuous deposit of concrete can be made at paver to minimize starting and stopping. Use conventional means of paving locations 07/2006 02751 -8 of 16 1-1 1 r CITY OF PEARLAND CONCRETE PAVEMENT inaccessible to traveling paver, or having horizontal or vertical curvature that traveling paver cannot negotiate. 3. Where Plans require tie bars for adjacent paving,securely tie and support bars to prevent displacement. Tie bars may be installed with approved mechanical bar inserter mounted on traveling-form paver. Replace any pavement in which tie bars assume final position other than that shown on Plans,unless corrective alternates are authorized in writing by the Engineer. 3.04 FORMS A Side Forms: Use clean metal forms of approved shape and section. Preferred depth of form shall be equal to required edge thickness of pavement. Forms with depths greater or less than required edge thickness of pavement will be permitted, provided difference between form depth and edge thickness if not greater than 1 inch, and further provided that forms of depth less than pavement edge are brought to required edge thickness by securely attaching wood or metal strips to bottom of form, or by grouting under form. Bottom flange of form shall be same size as thickness of pavement. Aluminum forms are not allowed. All forms shall be approved by the Engineer. Length of form sections shall be not less than 10 feet and each section shall provide for staking in position with not less than 3 pins. Flexible or curved forms of wood or metal of proper radius shall be used for curves of 200 foot radius or less. Forms shall have ample strength and shall be provided with adequate devices for 7 secure setting so that when in-place they will withstand,without visible springing or settlement, impact and vibration of finishing machine. In no case shall base width be less than 8 inches for form 8 inches or more in height. Forms shall be free from warp, bends or kinks and shall be sufficiently true to provide reasonable straight edge on concrete. Top of each form section,when tested with straight edge, shall conform to requirements specified for surface of completed pavement. Provide sufficient forms 111" for satisfactory placement of concrete. For short radius curves,forms less than 10 feet in length or curved forms may be used. For curb returns at street intersections and driveways, wood forms of good grade and quality may be used. EB Form Setting: 1. Rest forms directly on subgrade. Do not shim with pebbles or dirt. Accurately set forms. to required grade and alignment and, during entire operation of placing,compacting and finishing of concrete,do not deviate from this grade and alignment more than 1/8 inch in 10 feet of length. Do not remove forms for at least 8 hours after completion of finishing operations. Provide supply of forms that will be adequate for orderly and continuous placing of concrete. Set forms and check grade for at least 300 feet ahead of mixer or as approved by the e 2. AdjacentEngine es may be used instead of forms, provided that concrete is well protected from possible damage by finishing equipment. These adjacent slabs shall not be used for forms until concrete has aged at least 7 days. L 07/2006 02751 -9 of 16 E CITY OF PEARLAND CONCRETE PAVEMENT 3.05 REINFORCING STEEL AND JOINT ASSEMBLIES A Accurately place reinforcing steel and joint assemblies and position them securely as indicated on Plans. Wire reinforcing bars securely together at intersections and splices. Bars and coatings shall be free of rust, dirt or other foreign matter when concrete is placed. Place all reinforcing steel and secure to chairs. All reinforcing steel must be positively supported before pour begins. B Place pavement joint assemblies at required locations and elevations, and rigidly secure all parts in required positions. Install dowel bars accurately in joint assemblies as shown, each parallel to pavement surface and to center line of pavement. Rigidly secure in required position to prevent displacement during placing and finishing of concrete. Accurately cut header boards,joint filler and other material used for forming joints to receive each dowel bar. Drill dowels into existing pavement, secure with epoxy, and provide paving headers, as required, to provide rigid pavement sections. 3.06 PLACEMENT A Place concrete only in rain-free days when air temperature taken in shade and away from artificial heat is above 35 degrees F and rising. Concrete shall not be placed when temperature is below 40 degrees F and falling. When concrete temperature is 85 degrees F or above, do not exceed 60 minutes between introduction of cement to the aggregates and discharge. When the weather is such that the concrete temperature would exceed 90 degrees F, employ effective means, such as pre-cooling of aggregates and mixing water, using ice or placing at night, as necessary to maintain concrete temperature, as placed,below 90 degrees F. B Place concrete within 60 minutes of mixing. Remove and dispose of concrete not placed within this period. C Concrete slump during placement shall be 2 to 5 inches,except when using traveling- form paver slump shall be a maximum of 3 inches. D Deposit concrete rapidly and continuously on subgrade or subbase in successive batches. Distribute concrete to required depth and for entire width of placement in manner that will require as little rehandling as possible. Where hand spreading is necessary, distribute concrete with shovels or by other approved methods. Use only concrete rakes in handling concrete. At end of day or in case of unavoidable interruption of more than 30 minutes, place transverse construction joint at point of stopping work. Remove and replace sections less than l0 feet long. E Take special care in placing and spading concrete against forms and at longitudinal and transverse joints to prevent honeycombing. Voids in edge of finished pavement will be cause for rejection. 07/2006 02751 10 of 161.1 I", n'° CITY OF PEARLAND CONCRETE PAVEMENT L 3.07 COMPACTION A Consolidate the concrete using mechanical vibrators as specified herein. Extend a �.., vibratory unit across the pavement, not quite touching side forms. Space individual vibrators at close enough intervals to vibrate and consolidate entire width of pavement uniformly. Mount mechanical vibrators to avoid contact with forms, reinforcement, �., transverse or longitudinal joints. 4_ B Furnish enough hand-manipulated mechanical vibrators for proper consolidation of concrete along forms, at joints and in areas not covered by mechanically controlled vibrators. Stand-by operational vibrator is required before start of pour. 3.08 FINISHING A Finish concrete pavement with power-driven transverse finishing machines or by hand finishing methods. 1. Use transverse finishing machine to make at least two trips over each area. Make last trip continuous run of not less than 40 feet. After transverse screeding, use hand-operated longitudinal float to test and level surface to Cat required grade. 2. Hand finish with mechanical strike and tamping template as wide as pavement to be finished. Shape template to pavement section. Move strike template forward in direction of placement, maintaining slight excess of material in front of cutting edge. Make at least two trips over each area. Screed pavement surface to required section. Work screed with combined transverse and longitudinal motion in direction work is progressing. Maintain screed in contact with forms. Use longitudinal float to level surface. B On narrow strips and transitions,finish concrete pavement by hand. Thoroughly work concrete around reinforcement and embedded fixtures. Strike off concrete with strike- off screed. Move strike-off screed forward with combined transverse and longitudinal motion o prssin ,maintaining sc wmd maintainingindirection slight excessw rk is of materials ogre g in front of cutting creed edge.inconta Tampt concreteithfors,with tamping template. Use longitudinal float to level surface. While concrete is still workable, give surface final belting to produce a uniform L_ surface of gritty texture. Perform belting with short rapid transverse strokes having sweeping longitudinal motion. E3.09 JOINTS AND JOINT SEALING r., A When new work is adjacent to existing concrete, place joints at same location as existing joints in adjacent pavement. B If the limit of removal of existing concrete or asphaltic pavement does not fall on existing joint, saw cut existing pavement minimum of 1 1/2 inches deep to provide straight, smooth joint surface without chipping, spalling or cracks. 07/2006 02751 - 11 of 16 CITY OF PEARLAND CONCRETE PAVEMENT 3.10 CONSTRUCTION JOINTS "'? A Place transverse construction joint wherever concrete placement must be stopped for more than 30 minutes. Place longitudinal construction joints at interior edges of pavement lanes using No.5 deformed tie bars,30 inches long and spaced 18 inches on centers. 3.11 EXPANSION JOINTS A Place 3/4 inch expansion joints at locations shown on Plans. Use no filler shorter than 6 feet. When pavement is 24 feet or narrower, use not more than 2 lengths of filler. Secure pieces to form straight joint. Shape filler accurately to cross section of concrete slab. Use load transmission devices of type and size shown on Plans. Seal with joint sealing compound. 3.12 CONTRACTION JOINTS A Place contraction joints at same locations as in adjacent pavement or at spaces indicated on Plans. Maximum spacing of contraction/construction joints,20 feet. Seal -1 groove with joint sealing compound. 3.13 LONGITUDINAL WEAKENED PLANE JOINTS A Place longitudinal weakened plane joints at spaces indicated on Plans. Seal groove "111 with joint sealing compound. f 3.14 SAWED JOINTS "1 A Contractor may use sawed joints as an alternate to contraction and weakened plane - joints.Circular cutter shall be capable of cutting straight line groove minimum of 1/2 inch wide.Depth shall be one quarter of pavement thickness plus 1/2 inch. Commence sawing as soon as concrete has hardened sufficiently to permit cutting without chipping, spalling or tearing and prior to initiation of cracks. Once sawing has r,1 commenced, it shall be continued until completed. Make saw cut with one pass. Complete sawing within 24 hours of concrete placement. Saw joints at required spacing consecutively in sequence of concrete placement. 1-1 B Concrete Saw: Provide sawing equipment adequate in power to complete sawing to required dimensions and within required time. Provide at least one standby saw in good working order. Maintain an ample supply of saw blades at work site at all times during sawing operations. Sawing equipment shall be on job at all times during concrete placement. 3.15 JOINTS FOR CURB,AND CURB AND GUTTER A Place 3/4 inch preformed expansion joints through curb and gutters at locations of expansion and contraction joints in pavement; at end of radius returns at street 07/2006 02751 - 12 of 16 1 rj r r" CITY OF PEARLAND CONCRETE PAVEMENT L C , intersections and driveways; and at curb inlets. Maximum spacing shall be 60 foot centers. 3.16 JOINTS FOR CONCRETE SIDEWALKS 7 A Provide 3/4 inch expansion joints conforming to ASTM A 1751 along and across ,,,.r sidewalk at back of curbs,at intersections with driveways,steps,and walls;and across I walk at intervals not to exceed 36 feet. Provide expansion joint material conforming to ASTM D 994 for small radius curves and around fire hydrants and utility poles. �+ Extend the expansion joint material full depth of the slab. Reinforcing bars shall 7 extend 10 inches beyond the expansion joint and then shall be wrapped with building ii paper, or approved sleeves, so that the 10 inches shall not be bonded to the concrete. .i` I ' 3.17 JOINTS FOR CONCRETE DRIVEWAYS A Provide 3/4 inch expansion joints conforming to ASTM D 1751 across driveway in line with street face of sidewalks, at existing concrete driveways, and along 7 intersections with sidewalks and other structures. Extend expansion joint material full depth of slab. Where dowels are used, wrap or sleeve one end. 7 3.18 JOINT SEALING A Seal joints only when surface and joints are dry, ambient temperature is above 50 Edegrees F but less than 85 degrees F, and weather is not foggy or rainy. B Joint sealing equipment shall be in first-class working condition,and be approved by 7 the Engineer. Use concrete grooving machine or power-operated wire brush and other equipment such as plow, brooms, brushes, blowers or hydro or abrasive cleaning as required to produce satisfactory joints. 7 C Clean joints of loose scale,dirt,dust and curing compound. Term joint includes wide joint spaces, expansion joints, dummy groove joints or cracks, either preformed or 7 natural. Remove loose material from concrete surfaces adjacent to joints. D Fill joints neatly with joint sealer to depth shown. Pour sufficient joint sealer into joints so that, upon completion, surface of sealer within joint will be 1/4 inch below level of adjacent surface or at elevation as directed. 3.19 CONCRETE CURING 7 A Concrete pavement shall be cured by protecting it against loss of moisture for period of not less than 72 hours immediately upon completion of finishing operations. Do not [7 use membrane curing for concrete pavement to be overlaid by asphaltic concrete. B Where curing requires use of water,curing shall have prior right to all water supply or supplies. Failure to provide sufficient cover material shall be cause for immediate suspension of concreting operations. El 07/2006 02751 - 13 of l6 r CITY OF PEARLAND CONCRETE PAVEMENT 3.20 POLYETHYLENE FILM CURING 'I A Immediately after finishing surface, and after concrete has taken its initial set, apply l water in the form of a fine spray. Cover surface with polyethylene film so film will 0.9 remain in intimate contact with surface during specified curing period. ' 1 B Cover entire surface and both edges of pavement slab. Joints in film sheets shall overlap minimum of 12 inches. Immediately repair tears or holes occurring during °'°! curing period by placing acceptable moisture-proof patches or by replacing. 3.21 WATERPROOFED PAPER CURING rl A Immediately after finishing surface, and after concrete has taken its initial set, apply 1 water in form of fine spray. Cover surface with waterproofed paper so paper will ,., remain in intimate contact with surface during specified curing period. B Prepare waterproofed paper to form blankets of sufficient width to cover entire surface and both edges of pavement slab, and not be more than 60 feet in length. Joints in blankets caused by joining paper sheets shall lap not less than 5 inches and shall be securely sealed with asphalt cement having melting point of approximately 180 degrees F. Place blankets to secure an overlap of at least 12 inches. Tears or holes appearing in paper during curing period shall be immediately repaired by cementing patches over defects. 'I 3.22 COTTON MAT CURING A Immediately after finishing surface, and after concrete has taken its initial set, completely cover surface with cotton mats,thoroughly saturated before application,in such manner that they will contact surface of pavement equally at all points. B Mats shall remain on pavement for specified curing period. Keep mats saturated so that,when lightly compressed,water will drip freely from them. Keep banked earth or cotton mat covering edges saturated. r9 I 3.23 LIQUID MEMBRANE-FORMING COMPOUNDS A Immediately after finishing surface, and after concrete has taken its initial set, apply en liquid membrane-forming compound in accordance with manufacturer's instructions. 3.24 TOLERANCES r A Test entire surface before initial set and correct irregularities or undulations. Bring surface within requirements of following test and then finish. Place 10 foot straightedge parallel to center of roadway to bridge any depressions and touch all high spots. Do not permit ordinates measured from face of straight edge to surface of pavement to exceed 1/16 inch per foot from nearest point of contact. Maximum en ordinate with 10 foot straightedge shall not exceed 1/8 inch. Grind spots in excess of 07/2006 02751 - 14 of 16 1'1 a 1 ei CITY OF PEARLAND CONCRETE PAVEMENT requirements of this paragraph to meet surface test requirements. Restore texture by grooving concrete to meet surface finishing specifications. 3.25 FIELD QUALITY CONTROL A Testing will be performed under provisions of Section 01450 —Testing Laboratory Services. B Test Specimens: Four test specimen cylinders for compressive strength tests will be made for each 150 cubic yards or less of pavement that is placed in one day. Two specimens will be tested at 7 days. For failed 7-day tests, remaining two specimens will be tested at 28 days. Specimens will be made, cured and tested in accordance with ASTM C 31 and ASTM C 39. C Yield test will be made in accordance with ASTM C 138 for cement content per cubic yard of concrete. If such cement content is found to be less than that specified per cubic yard, reduce batch weights until amount of cement per cubic yard of concrete conforms to requirements. D At the Engineer's direction a minimum of one 4-inch core may be taken at random locations per 1,000 feet per lane or 500 square yards of pavement to measure in-place depth. Each core may be tested for 28 day compressive strength according to methods of ASTM C 42. The 28 day compressive strength of each core tested shall be a minimum of 3000 pounds per square inch. E Contractor may,at his own expense,request three additional cores in vicinity of cores indicating nonconforming in-place depths. In-place depth at these locations shall be the average of depth of four cores. F Fill cores and density test sections with new concrete paving or non shrink grout. 3.26 NONCONFORMING PAVEMENT A Remove and replace areas of pavement found by cores to be deficient in thickness by more than 10 percent, or that fail compressive strength tests, with new concrete pavement of thickness shown on Plans at no cost to the Owner. B Areas of concrete pavement found by cores to be deficient in thickness by less than 10 percent shall be remedied at the Owner's direction by one of the following methods: 1. Remove and replace using new concrete pavement of thickness shown on Plans and in accordance with the requirements of this Section at no cost to Owner. 2. Reduce the Unit Price by the ratio of the average thickness(as determined by cores)to the thickness required. C No adjustments will be made for excess thickness. 07/2006 02751 - 15 of 16 r L I"l CITY OF PEARLAND CONCRETE PAVEMENT 3.27 PAVEMENT MARKINGS A Restore pavement markings to match those existing in accordance with City of Pearland Standard Details and the Engineer's requirements. 3.28 PROTECTION A Barricade pavement section from use until concrete has attained minimum design strength. B On those sections of pavement to be opened to traffic,seal joints,clean pavement and r1 place earth against pavement edges before permitting use by traffic. Such opening of pavement to traffic shall not relieve Contractor from his responsibility for Work. C Maintain concrete paving in good condition until completion of Work. D Repair defects by replacing concrete to full depth. END OF SECTION 1 l n fl 07/2006 02751 - 16 of 16 E CITY OF PEARLAND TECHNICAL SPECIFICATIONS DIVISION 13 E E Li 0 0 TECHNICAL SPECIFICATIONS DIVISION 13 SPECIAL CONSTRUCTION 0 C C C L C i 0/2007 C i".1 �` CITY OF PEARLAND AQUATIC PLAYGROUND EQUIPMENT &STRUCTURES SECTION 13080 AQUATIC PLAYGROUND EQUIPMENT&STRUCTURES fhilk PART 1 —GENERAL 1.1 SECTION INCLUDES • A. This Section includes the specifications and requirements for aquatic playground equipment and structures, including water play elements,water distribution system, and automated controls. a 1. The aquatic playground shall include water play elements in combinations of elevated water play structures, ground jets and sprays, and multi-functional structures. 2. Various types of user-activated controls shall be included that shall regulate the use of water play elements by controlling zones of the playground, as well as controlling individual water Jplay elements. 3. The aquatic playground shall be controlled by a complete automation system that consists of the water distribution system and user-activated controls. The automation system shall be programmable, shall control the hours of operation of the playground, and shall respond to the -- user-activated controls to supply water flow on demand to the zones and elements regulated by the controls. 4. (ADD ALTERNATE NO. 1 ) The aquatic playground shall include an applied cementitious • topping to provide texture and color for the splash pad. 5. (ADD ALTERNATE NO.2) The aquatic playground shall include a poured-in-place rubber coating to provide color, slip-resistance and shock absorption for the splash pad. 1.2 SUBMITTALS A. Schematic Design, submitted as part of the Vendor's proposal. B. Product Data: Manufacturer's product data showing compliance with specified requirements, and indicating manufacturer, product name or other designations, product type, manufacturer's recommended use, and manufacturer's recommended installation instructions. C. Submit product data for: 1. Water play structures and user-activated controls; 2. Water distribution components and system; and, 3. Automated operating system and control components. D. Shop drawings showing the location and configuration of water play elements, dimensional drawings of water play elements, anchoring details, plan of water distribution system, schematic control diagrams, and other plans and details necessary to sufficiently depict the proposed installation. E. Manufacturer's installation and operating manuals. Provide two (2) copies of each. Operating manuals shall include start-up procedures for all equipment and day-to-day operation of each system. 11/2007 13080—1 of 6 n.. MIA CITY OF PEARLAND AQUATIC PLAYGROUND EQUIPMENT & STRUCTURES 1.3 QUALITY CONTROL } A. The aquatic playground, including individual water play elements, shall comply with all federal ADA and state TAS standards and requirements. ,fio B. Subcontractor used for installation, if any, shall have previous experience in the type of products and uses specified in this section. Documented experience history shall be available upon Owner's request. C. All materials shall be supplied by vendors with ISO 9002 certification. 1.4 PRODUCT DELIVERY, STORAGE AND HANDLING A. All water play structures shall be properly wrapped and secured in place during transport to the site. _.. B. All water play structures shall be stored on site in a safe area, out of the way of traffic and other construction activities, until the time of actual installation. C. Exercise care in the handling of structures and equipment to prevent excessive stress and abrasions. D. Protective wrappings on water play structures shall be left in place until construction work for the aquatic playground is complete. 1.5 WARRANTY A. The complete aquatic playground, as constructed with individual components acting collectively as a unified system, shall be warranted by the Vendor for a period of not less than three (3) years. B. Water play structures, including anchoring systems, shall be warranted by the manufacturer for a period not less than 25 years. C. Water distribution equipment and system shall be warranted by the manufacturer for a period not less than 10 years. D. The Vendor shall have the capacity to technically support the automation and water distribution lsystem during the warranty period. PART 2—PRODUCTS 2.1 AQUATIC PLAYGROUND DESIGN A. The Vendor shall design the aquatic playground in accordance with the criteria specified in these Specifications and as required by the project drawings. The Vendor shall be required to submit a schematic design and, upon approval,final construction drawings and shop drawings. B. The aquatic playground will be located in Centennial Park, south of Mary's Creek and east of McLean Road, in the City of Pearland,Texas. 11/2007 13080—2 of 6 J 7 CITY OF PEARLAND AQUATIC PLAYGROUND EQUIPMENT &STRUCTURES i C. The aquatic playground shall be located on a site that has been elevated and graded by others. The Vendor shall be required to prepare the subgrade and finish grade the area as necessary to conform to the Vendor's design and drainage requirements, and to place and finish a new concrete surface. rOM D. The aquatic playground shall include water play elements grouped and arranged in a distinctive and unique combination of elevated water play structures, ground jets and sprays, and multi- functional structures. "" E. Various types of user-activated controls shall be included in the schematic design. The controls shall regulate the use of water play elements by controlling zones of the playground, as well as controlling individual water play elements. F. The aquatic playground shall be controlled by a complete automation system that consists of the water distribution system and user-activated controls. The automation system shall be programmable, shall control the hours of operation of the playground, and shall respond to the user-activated controls to supply water flow on demand to the zones and elements regulated by J the controls. The Vendor shall have the capacity to technically support the automation system during the warranty period. ;.., G. The automation package and water distribution systems shall be located within the area dedicated for the aquatic playground. If the schematic design proposes a skid-mounted or wall- mounted system, the schematic design shall include an enclosure fence or wall, and shall also include landscaping elements to hide the enclosure. WM H. The playground design shall include a proposal for the finish surface material of the aquatic playground. Painted concrete, granulated rubber, or other protective materials will be considered. The finished surface of the aquatic playground shall provide a zero-depth water ,411011 safety with no standing water. The finished surface shall be non-porous to prevent against algae and mold growth and non-slip for safety. Drains shall be designed and placed to prevent trip hazards and finger entrapment. 1.1 I. The aquatic playground shall be a nominal 40'x70' area, and the design shall be compatible with - - a perimeter zone, approximately 12 feet wide, that will be reserved for picnic furniture, lounge chairs, shade structures, or other outdoor furniture to be purchased separately by the City. A.,I 1 2.2 WATER PLAY STRUCTURES ..., A. Water play structures shall consist of elevated water play structures, ground jets and sprays, and multi-functional structures. B. Water play structures shall be designed for direct interaction by users, and shall be safe and "' appropriate for users of all age groups. C. Some play structures should incorporate structure movements that allow water to pour, dump, spray,wiggle, and spin creating unique water formations and imaginative play. D. Water play structures shall incorporate a non-climbing design with no pinch points, sharp edges, or protruding components such as nozzles or bolts. E. All water play structures shall be constructed of structural plastic, fiberglass, or stainless steel, and shall be supplied with all necessary anchoring hardware and installation templates. Water play structures shall be furnished complete with a water inlet and electrical grounding lugs. n.. i11/2007 13080—3 of 6 +" CITY OF PEARLAND AQUATIC PLAYGROUND EQUIPMENT & STRUCTURES F. All above-ground play structures shall be coated with finishing materials designed to provide protection against abrasions, UV exposure, and chemically treated water. Finishes shall be available in a variety of colors. G. All embedded components of water play structures shall be constructed of stainless steel.Pis H. All water play features shall be equipped with appropriate winterization caps. I. Nozzles, spray heads, spray caps, and winter caps shall be constructed of brass and be fastened "op and removed from the play structures using tamper-resistant tools specifically designed for use with the proprietary nozzles, spray heads, spray caps and winter caps. The nozzles, spray heads, spray caps and winter caps shall be recessed into the water play structures to avoid protrusion hazards. J. All anchoring hardware, plates and flanges shall be constructed of stainless steel. .., K. Provide an accessory kit consisting of the necessary tamper-resistant tools and touch-up paint. 2.3 USER-ACTIVATED CONTROLS A. Pre-programmed control: User-activated controls shall be the direct interface between users and water play elements, and can also be used to control zones of play elements. 1. Activators shall be touch-activated bollards or other stand-alone elements; ground-level "' activators with step-on features are also acceptable for activators. 2. The activator shall enable pre-programmed scenarios of the water play elements that shall only be activated when it is touched by the user. n.. 3. The activator shall have no moving parts. 4. The activator shall run on low voltage electrical supply, such as 24 volts direct current. B. Flow controls: Flow control valves, with operating wheels or other manual operating apparatus, can allow users to regulate water flow to individual elements. 2.4 WATER DISTRIBUTION SYSTEM A. The water distribution system shall be an integral part of the automated control system. The system shall either be skid-mounted,wall-mounted, or contained within a subterranean vault. '411.6 — B. The water distribution system shall be prefabricated including piping, valves, and electrical wiring. It shall be factory assembled and water pressure tested. The unit shall be equipped with threaded connections for the water outlets for each water play element. C. The water distribution system shall include: 1. Distribution manifold equipped with stainless steel headers and shall be multi-valve inline configuration; 2. Cast bronze or PVC solenoid valves designed for chemically treated water, 2-way normally closed, rated for 20 psi to 125 psi and 20 gpm to 90 gpm, and pre-wired to automated control system; 3. Ball and drain valves; and, 5., 4. Pressure gauge, dry type. 11/2007 13080—4 of 6 Ti i 7 CITY OF PEARLAND AQUATIC PLAYGROUND EQUIPMENT&STRUCTURES J D. The water distribution system shall not employ any pretreatment devices and operations, r," including the introduction of any detergents or other chemical additives. i 2.5 OPERATING SYSTEM A. The operating system shall be an integral part of the automated control system. The system shall be either skid-mounted,wall-mounted, or contained within a subterranean vault. „w, B. Pump: The pump shall be compatible with the power available at the site, and shall be capable. of delivering the necessary flows at the appropriate pressures to operate the water play J structures. 7C. PLC: The programmable logic controller shall be factory programmed with a variety of spray J sequences designed according to the requirements of the project. The PLC shall have the flexibility to modify the sequences using a transportable memory cartridge. The operating system shall have the capability of controlling a maximum 15 solenoid valves. 444. JD. Time Switch: A 24-hour/ 7-day, programmable, digital, time switch to set the operational hours of the facility shall be incorporated into the operating system. The time switch shall have the - ability to be programmed with a different time schedule for each day of the week, or have several days operate on the same schedule. The time switch shall come complete with a 100-hour, `_ capacitive type, battery backup system in case of power failure. E. Transformer: The operating system shall contain a transformer with built-in electrostatic shield Jprotection. F. Selector Switches: The operating system shall be equipped with a three-position selector switch ^•"" for each solenoid valve, the activation device(s), and the time switch. These selector switches shall create a user-to-system interface to select the operational mode of the components — i.e., "Hand", "Off', and"Automatic". ,j G. Enclosure: The operating system shall be housed in a corrosion resistant, stainless steel, • NEMA 4X enclosure that comes complete with stainless steel lockable latches. ,,,,,, H. Inputs: The operating system shall have the capacity to receive signals from 2 separate 1 detecting sources(i.e., activators) at the same time. I. Motor Starter: A control and monitoring contactor soft start, matching the pump power 444, requirements and complete with an overload relay, shall be part of the operating system. J. Emergency Shutoff: The operating system shall be equipped with a normally open, push/pull, mushroom type,emergency shutoff switch. 4444 K. Main Breaker: The operating system shall come complete with a lock-in-position, handle-type fused disconnect. 1 2.6 DRAIN BOXES A. Drain boxes shall be fiberglass with a stainless steel grate and side outlet. JB. The main box shall be a 16"x16"x16"fiberglass enclosure. ;r., C. The cover shall be stainless steel designed to avoid trip hazards, and equipped with tamper- ) resistant bolts. J 11/2007 c 13080—5 of 6 7 CITY OF PEARLAND AQUATIC PLAYGROUND EQUIPMENT & STRUCTURES D. The main outlet shall be a 6"side connection. 2.7 (ADD ALTERNATE NO. 1 ) CEMENTITIOUS TOPPING A. Provide a cementitious topping applied by trowel, squeegee or sprayer to provide texture and color for the splash pad area of the aquatic playground. B. Acceptable products: 1. "Sure Spray" and "Sure Tex" SureCrete Design Products, by Creative Cement Coatings Inc., JHouston,Texas. 2. Or equal. J2.8 (ADD ALTERNATE NO.2 ) POURED-IN-PLACE RUBBER COATING r•• C. Provide a minimum 1-inch thick, two-layer rubber-polyurethane poured-in-place playground coating system to provide color, slip-resistance and shock absorption for the splash pad. D. Acceptable products: 1. "Playbound Poured-In-Place", by Surface America Inc., Williamsville,New York. 2. Or equal. • PART 3—EXECUTION 3.1 GENERAL A. Install all aquatic playground structures, equipment, and components in accordance with the manufacturer's recommended installation instructions. END SECTION MIR J 11/2007 13080—6 of 6