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R2003-0080 06-09-03
RESOLUTION NO. R2003-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR DIRT HAULING SERVICES ASSOCIATED WITH THE HICKORY SLOUGH DETENTION PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City opened bids for dirt hauling services associated with the Hickory Slough Detention Project, and such bids have been reviewed and tabulated. Section 2. That the City Council hereby awards the bid to Abyss Construction in the amount of $100,000.00. Section 3. The City Manager or his designee is hereby authorized to execute a contract for dirt hauling services associated with the Hickory Slough Detention Project. PASSED, APPROVED and ADOPTED this the 91:h day of June ., A.D., 2003. ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR City of Pearland BID TABULATION 21-May-03 RFP/BID No.: - 2003-047 Hickory Slough Detention Site Dirt Hauling Item Description Bid Bid Bidder Total Bond Abyss Construction, Friendswood, Texas 400,000.00yes Excalibur Construction, Spring, Texas 450,000.00yes Bean Construction, Stafford, Texas 155,000.00yes RWD Construciton Svcs, Sugar land, Texas 179,765.00yes Exhibit "A" Resolution No. R2003-80 CONTRACT DOCUMENTS AND SPECIFICATIONS FOR HICKORY SLOUGH DETENTION SITE DIRT HAULING B2003 - 047 CITY OF PEARLAND MAYOR Tom Reid CITY COUNCIL Larry Marcott Klaus Seeger Woody Owens Richard Tetens Charles Victorin CITY MANAGER Bill Eisen PURCHASING OFFICER Gordon Island February 2003 CITY OF PEARLAND CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS FOR HICKORY SLOUGH DETENTION SITE DIRT HAULING B2003 - 047 TABLE OF CONTENTS A. NOTICE TO BIDDERS FILE COPY CITY SECRETARY'S OFFICE B. INSTRUCTIONS TO BIDDERS DO NOT REIV1OVE BID PROPOSAL D. STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR E. PERFORMANCE BOND PAYMENT BOND G. MAINTENANCE BOND AND INSURANCE CERTIFICATE H. LABOR CLASSIFICATION AND MINIMUM WAGE SCALE L GENERAL AND SPECIAL CONDITIONS J. TECHNICAL SPECIFICATIONS ULM 1 CLEARING AND GRUBBING ITEM 2 SILT FENCES ITEM 3 CONTROL OF WATER ITEM 4 EARTHWORKS K. APPENDIX B - LOCATION DRAWING SECTION A - NOTICE TO BIDDERS NOTICE TO BIDDERS CITY OF PEARLAND, TEXAS B2003 - 047 The City of Pearland, Texas will receive sealed bids, in duplicate, marked B2003- 047 "HICKORY SLOUGH DETENTION SITE DIRT HAULING", in t he office of the Purchasing Officer, 3rd Floor City Hall, 3519 L iberty Drive, Pearland, Texas, 77581, until 3:00 P.M., Wednesday, May 21, 2003, at which time they will be publicly opened and read aloud for the furnishing of: HICKORY SLOUGH DETENTION SITE DIRT HAULING Contractor to provide labor and equipment to haul and dump at the specified location approximately 50,000 cubic yards of soil within the contract time. An optional attendance pre -bid meeting will be held May 14, 2003 at 3:00 P.M. In the 1st Floor Conference Room at City Hall, 3519 Liberty Drive,. Pearland, Texas. Information and Bid Documents: Copies of Contract Documents and Technical Specifications and Plans are on file at the following locations for review: City of Pearland P urchasing Office 3rd Floor, City Hall 3519 Liberty Drive P earland Texas 77581 Tel (281)-652-1668 g island@ci.pearland.tx.us These documents may be examined without charge at the above locations Bidders may obtain a complete set of the Contract Documents Technical Specifications and Plans from the Purchasing Officer (Tel. 281-652-1668), City of Pearland, 3519 Liberty Drive, in Pearland, Texas 77581, upon request and deposit of $10.00 per set No partial sets will be issued. Only bids from registered plan holders will be considered. The amount of the deposit will not be refunded. No bid may be withdrawn or terminated for a period of sixty (60) days subsequent to the opening date without the consent of the City of Pearland. Bidder s Bond, Cashier's Check, or Certified Check payable to the City of Pearland in the amount of 5% of the total bid price must accompany each proposal. The city of Pearland reserves the right to reject any or all bids, or to accept any bid deemed advantageous to the City of Pearland. The successful bidders must furnish Performance, Payment, and Maintenance Bonds as required by law (Article 5160, Vernon's Texas Civil Statutes, as amended) upon an acceptable form in the amount of one hundred percent (1000) of the contract price, such bonds to be executed by a corporate surety duly authorized to do business in the State of Texas, and named on the current list of 'Treasury Department Circular No. 570", payable to the City of Pearland, Texas. Contractor must certify that his firm or subcontractor does not and will not maintain any facilities he provides for his employees in a segregated manner, or permit his employees to perform their services at any location under his control where segregated facilities are maintained. Gordon Island, Purchasing Officer Date END OF SECTION SECTION B - INSTRUCTIONS TO BIDDERS INSTRUCTION TO BIDDERS HICKORY SLOUGH DETENTION SITE DIRT HAULING B2003 - 047 Receipt of Bids: Bids will be received until 3:00 P.M., May 21, 2003 in the office of the Purchasing Officer, under conditions set forth in the published Notice to Bidders. Information and bidding documents are obtainable from the Purchasing Officer under conditions set forth in the published Notice to Bidders. An optional attendance pre -bid meeting will be held May 14, 2003 at 3:00 P.M. in the 1st Floor Conference Room at City Hall, 3519 Liberty Drive, Pearland, Texas. Discrepancies and Interpretation: Notify the City Engineer in writing at least five (5) days prior to bid date if discrepancies, ambiguities, or omissions are found in the Specifications or Drawings or if further information or interpretation is desired. Answers will be given in writing to all Bidders in addendum form. All provisions and requirements of such addenda will supersede or modify affected portions of Specifications or Drawings. All addenda will be incorporated in and bound with the contract documents. No other explanation or interpretation will be considered official or binding. 1 Mailing Procedure: Submit Proposal and Bid Check or Bond in an opaque sealed envelope. Identify the envelope with the project name and the name and mailing address of the Bidder. Proposals may not be modified after submittal. Bidders may withdraw Proposal at any time prior to the advertised bid opening time but may not resubmit a Proposal once it has been withdrawn. Proposals received after the advertised time set for opening will be ineligible and will be returned unopened. Proposal: Submitted Proposal shall be based on conditions at the project site, the Specifications, the Drawings and any addenda to Specifications and/or Drawings issued prior to opening of bids. • Authoritatively execute and submit bid Proposal form furnished with the Bid Documents to insure complete uniformity of wording. Proposal showing omissions, alterations of wording, conditional bids, or carrying riders or qualifications which modify the proposal as submitted will be rejected as irregular. Submit Proposal in duplicate. Two copies of the Proposal form which. are not bound in the Specifications are furnished for the. Bidders use in submitting his bid. The Proposal Form bound in the Specifications is for the Bidder's information and is not to be removed or completed. Each bidder may submit only one Proposal; if two or more Proposals are submitted by any bidder, either in.one envelope or in separate envelopes, then such Proposals will be subject to rejection. Proposal amounts may not be amended or modified in any manner after the time set for bid opening in the published invitation to Bidders. Under no circumstances will the bidder be permitted to alter his bid after it has been read. The City of Pearland reserves the right to reject any or all Proposals submitted, or to award the Contract to the Bidder who, in the City's opinion, offers the most advantageous proposal for the purpose intended. The City of Pearland reserves the right to accept or reject any or all alternates or to accept any combination of alternates considered advantageous. Financial Statement: The bidder will be required by the Owner to furnish a financial statement. Proposal Guaranty: A Certified or Cashier's Check on a State or National Bank in the State of Texas, or a Bidder s Bond from an acceptable Surety Company authorized to transact business in the State of Texas, in the amount of not less than five percent (5%) of the greatest total amount of the Bidders Proposal, payable without recourse to the order of the City of Pearland must accompany each proposal as a guarantee that if awarded the Contract, the bidder will promptly enter into Contract and execute Performance and Payment Bonds on the forms provided. Should the successful Bidder fail to execute Contract and Bonds within fifteen (15) days after notifications of award of Contract, said check or bidder's bond shall become the property of the Owner as set forth in Paragraph 2.05 of the General Conditions of Agreement. Qualifications of Bidder: The Owner shall make such investigations as he deems necessary to determine the ability of the Bidder to perform the work, and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner shall request. The owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Performance, Payment and Maintenance Bonds: The successful bidder to whom the Contract is awarded will be required to furnish a Performance Bond, Payment Bond and Maintenance Bond, as set forth in Paragraph 2.04 of the General Conditions of Agreement. Bond forms bound in the Specifications are included as information to the Bidder. Insurance: Before starting work, the successful bidder to whom the Contract is awarded will be required to obtain insurance coverage as set forth in Paragraph 2.07 of the General Conditions of Agreement. Site Investigation: Examination of project site, existing structures and adjacent property and familiarizing himself with existing conditions before he prepares and submits his Proposal is the responsibility of each bidder. After investigating the project site and comparing the Drawings and Specifications with the existing conditions immediately notify the Engineer of any conditions, for which requirements of labor and material are not clear, or about which there are questions regarding the extent of the work involved. Should the successful Bidder fail to make the required investigation and should a question arise later as to the extent of the work involved in any particular case, then the decision shall be made by the Engineer as to proper interpretation of the Specifications and Drawings. It is understood that full and complete allowance for conditions under which the Contractor will be required to operate, or that will in any manner affect work under this Contract is included in the Bidder s Proposal and in the Contract Amount. Contract and Contract Form: The Contract form bound in the Specifications is included as information to the Bidder. It is not to be used in submitting a Proposal. The Owner agrees that the award of the Contract, if awarded, will be within sixty (60) days after date of opening bids unless otherwise stated in the proposal. State Sales Tax: The Owner qualifies for exemption from, the State and Local Sales Tax pursuant to the provisions of Article 10.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. The Contractor performing this Contract may purchase, rent or lease all materials, supplies, equipment used or consumed in the performance of this Contract by issuing to his suppliers an exemption certificate in lieu of the tax, said exemption certificate complying with State Comptroller of Public Accounts Ruling No. 95-0.07. Any such exemption certificate issued by the Contractor in lieu of the tax shall be subject to the provision of the State Comptroller of Public Accounts Ruling No. 95-0.09 as amended to be effective October 2, 1968. Schedule of Minimum Wage Rates: The Contractor shall comply with the current prevailing wage laws and regulations. The minimum wages to be paid on this project shall be in accordance with classification and wages set forth in Section H. Safety and Health Requirements: The Contractor shall comply with all requirements of the Safety and Health Regulations for construction and any other applicable sections of the Williams -Steiger Occupational Safety and Health Act of 1970 as well as other applicable Local, State and Federal Regulations. The City of Pearland will not be responsible for advising the Contractor of specific requirement, nor for enforcing any requirements of the Occupational Safety and Health or other related Act. The Contractor shall take necessary steps to complete project with minimal interference of traffic and citizens living around work areas. Access shall be made for entrances and exits for residences and businesses during construction. Utility Service for Construction: Water and other temporary utility services for construction purposes will be the Contractor's responsibility and at his expense. Required Permits: The Contractor shall be responsible for confirming, or securing any required permits from local, state and federal government. The contract area is the property of the City of Pearland. The Contractor shall coordinate contract construction activities with the City of Pearland, and schedule hauling activities with BDD4 during the construction of this project. END OF SECTION SECTION C - BID PROPOSAL BID PROPOSAL (Submit in Duplicate) FOR HICKORY SLOUGH DETENTION SITE DIRT HAULING B2003 - 047 CITY OF PEARLAND IN BRAZORIA COUNTY, TIEXAS TO: City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Attn. Gordon Island Purchasing Officer Gentlemen: The undersigned, as Bidder, declares that he has carefully examined the Invitation to Bidders, the ASCE Standard Forms of Agreement (as amended), the General Conditions, the Specifications, the Plans, and Project Conditions for the work and other Contract Documents; and he proposes and agrees that if this proposal is accepted, he will contract to provide all necessary tools, equipment, apparatus, facilities, labor, and transportation, and to do all of the work and furnish all of the materials specified in the Contract Documents required to complete the work as specified. If awarded the Contract, I/we will execute Contract on the Standard Forms of Agreement (as amended) and furnish satisfactory performance and payment bonds in accordance with the Bid Documents. Bidder acknowledges receipt of this document: Yours very truly, Bidder SS COW S` ""`-J14C By „ rn Title -6-Adij Address G`f t4 S. F1Age tCQ a9c°,0�t. °ticQ.u1177(N. Telephone en( cj 7 Q o t Date /7ofO) Signature of Bidder 1 SEAL (If a Corporation) COMPLETION SCHEDULE A. Estimated date of commencement: 17.1.-10, , 2003 B Number of calendar days to complete work after Notice to Proceed is issued: 30 calendar days LIST OF EQUIPMENT AVAILABLE FOR PROJECT ( MUST BE OWNED BY CONTRACTOR ) Description of Equipment Quantity Sv&trjAal LIST OF ALL PROJECTS PRESENTLY UNDER CONSTRUCTION Approx. Cost Name of Project * 'L JS4y) z lei boo 000 Completion Date Z51 0 • 6,fryen. Signature of Bidder Name of Project LIST OF PRIOR EXPERIENCE (INCLUDE SIMILAR JOBS COMPLETED) Approx. Owner Engineer Cost Completion Date ► z- .moo h ,0.90 s f21/0 3 FINANCIAL STATEMENT Attach signed copy of current financial statement to this proposal sheet. SUBCONTRACTORS TO BE USED ON THIS PROJECT (THE OWNER'S APPROVAL OF SUBCONTRACTORS MUST BE OBTAINED �OR TO SHALL NOWT EXCEED 20° OF TIC TOTAL OB SITE ) (SUBCONTRACTED PORTIONS OF CONTRACT AMOUNT.) TYPE OF WORK TO BE DONE a. Clearing & Disposal b. Erosion Control c Earthwork SUBCONTRACTOR'S NAME Lid t©YlC t1. Signature of Bidder BID PROPOSAL (Submit in Duplicate) FOR HICKORY SLOUGH DETENTION SITE DIRT HAULING B2003 - 047 BASE BID ITEM NO. • DESCRIPTION ESTIMATED UNIT UNIT QUANTITY PRICE TOTAL. Earthwork (Hauling & Placing) (See Notice to Bidders) CY 50,000 $ LQ1000 TOTAL CONTRACT PRICE = $ L oo; 00 0 Lucy\ .AJ Signature of Bidder REQUEST FOR CERTIFICATE OF EXEMPTION FROM TEXAS LIMITED SALES, EXCISE AND USE TAXES Date: co: City of Pearland RE* Hickory Slough Detention Site Dirt Hauling (B2003 - 047) in the City of Pearland, Brazoria County, Texas The undersigned Contractor hereby requests a certificate of exemption from the Texas Limited Sales, Excise and Use taxes in the amount of $ 'lp000 , which is an amount not exceeding the contract price of all materials and other tangible personal property to be furnished in connection with the subject project. The undersigned hereby represents that such materials and property have been or will be utilized in the performance of the contract to the fall extent of the amount for which such certificate of exemption is requested. The bid price of all material and tangible personal property included in the total bid is: $ aD/ eteD This sheet is to be included with all proposals. Pt45‘1 SS C414,6,6jaC (Contractor) Signature of Bidder DEVELOPERS SURETY AND INDEMNITY COMPANY BID BOND KNOW ALL MEN BY THESE PRESENTS, that we ABYSS CONSTRUCTION, INC. as principal, hereinafter called the Principal, and Developers Surety and Indemnity Company a Corporation duly organized under the laws of the State of California as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF PEARLAND as Obligee, hereinafter called the Obligee, in the sum ( 5%) of the Bid Amount not to Exceed 5 % Greatest Amount Bid ($ 5% G A.B.) Dollars for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by the presents; WHEREAS, the Principal has submitted a bid for HICKORY SLOUGH DETENTION SITE DIRT WORK. NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with arother party to perform the Work covered by said bid then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 21st day of May, 2003. ABYSS CONSTRUCTION, INC. rinc dal ; �`\t VM Title Devel• •er Surety and Indemnity Company Surety McQuain , Attorney in Fact POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO BOX 19725, IRVINE, CA 92623 • (949) 263-3300 www.lnscoDico.com KNOW ALL MEN BY THESE PRESENTS, constitute and a* oint: *Kevin McQuain, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby make, Debra McQuain, Justin McQuain, jointly or severally*** as its true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporation as surety, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as the corporation could do, but reserving to the corporation full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact. pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY effective as of November 1, 2(100: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the Attorney(s)-in-Fact named in the Powers of Attorney to execute. on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney: RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall he valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by Hs respective Executive Vice President and attested by its Secretary this 7th day of November, 2001. By: By David H. Rhodes, Executive Vice President Walter A. Crowell, Secretary STATE OF CALIFORNIA )SS. COUNTY OF ORANGE AND -`� i OCT. 3 w : 10 _$': 1936 .viss• /owP ,;\\aa 0 • ll lllll *' On November 7, 2001, before me, Antonio Alvarado, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal Signature CERTIFICATE ANTONIO ALVARADO 6 p COMM. # 1300303 M Notary Public - California ORANGE COUNTY 0 1 My Comm. Expires APRIL 10, 2005 The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked. and furthermore, that the provisions of the resolution of the respective Boards of Directors of said corporation set forth in the Power of Attorney, is in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California. the 21 at day of May • 2003 By David G. Lane, Chief Operating Officer ID-1438 (DSI) (11/01) SECTION D - STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the V( day of Itilnse. in the year 2003 by and b ween th Cit of Pearland, Texas (hereinafter called OWNER) and (jr GS Ann5k itth CO (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all excavations as specified or indicated in the Contract Documents and Specifications. The Work is generally described as follows: Construction of "Hickory Slough Detention Site Dirt Hauling" according to this contract document and specifications. (Bid#2003 - 047). Article 2. ENGINEER. The Project has been designed by the City of Pearland Engineering Department, who is hereinafter called ENGINEER and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to the ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. 3.1. The Work will be substantially completed within 30 calendar days from the date when the Contract Time commences to run as provided in the General. and Special Conditions, and completed and ready for final payment in accordance with the General and Special Conditions. Contract time will commence to run 10 days after the date of the written Notice to Proceed if not otherwise agreed upon. 3 2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay caused by the inability of the CONTRACTOR to perform (but not as a penalty) CONTRACTOR shall pay OWNER Five Hundred Dollars ($500.00) for each day that expires after the time specified for Substantial Completion until the Work is substantially complete After Substantial Completion if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Five Hundred Dollars ($500.00) for each day that expires after the time specified above for completion and readiness for final payment. Article 4. CONTRACT PRICE 4.1. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds as follows: Total Base Bid Amount = $ r U0� P OO a ti Final Payment Based on Actual Quantities, as supported by formal change orders. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Apphcations for Payment as recommended. by ENGINEER, on or about the 25th day of each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with the General Conditions. 90% of Work completed. 90% of materials and equipment notincorporated in the Work (but delivered, suitably stored and accompanied by documents satisfactory to OWNER as provided in the General Conditions). 5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER. Article 6. OMITTED Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2. CONTRACTOR has studied carefully all reports of explorations and test of subsurface conditions and drawings of physical conditions, and accepts the determination set forth in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all known reports, studies and drawings which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigation, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents 7.5. CONTRACTOR has correlated the result of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 7.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered an the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1. This Agreement (pages 1 to 7 , inclusive). 8 2. Exhibits to this Agreement (pages 1 to 5 inclusive). (Contractor's Bid Proposal). 8.3. Performance and other Bonds, and Certificate of Insurance. 8.4. Proof of Insurance. 8.5. Notice of Award. 8.6. Specifications and Drawing bearing the title, "Hickory Slough Detention Site Dirt Hauling% - as listed and included therein. 8.7. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to the General Conditions. 8.8. The documents listed in paragraphs 8.2 et seq. above are attached to this agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in tins Article 8. The Contract Documents may only be amended, modified or supplemented as provided in the General Conditions. 5 Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in the General Conditions will have the meanings indicated in the General Conditions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Article 10. OTHER PROVISIONS. None (SEE NEXT PAGE) TN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One aunterpart each has been delivered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on 'am behalf. This Agreement will be effective on )WNER City of Pearland, Texas BY: City Man r ,a U a" [CORPOkATk fittest Addres gnoti s 3519 Liberty Drive ?earland, Texas 77581 AEG'is,' 6„yU °. 1. i r in ota `s (If OWNER is a public body, Attach evidence of authority to sign and resolution or other documents authorizing )xecution of Agreement.) M,ne99003 CONTRACTOR: President or Owner ORAT : EARL] Attes Address for givin 1 otices /PAS. lien( III °IC/S W*41j /7 3 74 License No. Agent for service of process: (If CONTRACTOR is a corporation, attach evidence of authority to sign.) SECTION E - PERFORMANCE BOND PERFORMANCE BOND Bond No. 560963P STATE OF TEXAS § COUNTY OF BRAZORIA § • KNOW ALL MEN BY THESE PRESENTS: THAT Abyss Construction, of the City of Friendswood County of Gal vagton , and State of Texas , as principal, and Inc . Devel opera Si mrc ty R, Tnrlemnit Co_ authorized under the laws of the State of Texas to act as surety on . bonds for principals, are held and firmly bound unto The City of Pearland . (Owner), in the penal sum of One Hundred Thousand . • Dollars 0100,000.00 . • ) 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: lowly WHEREAS, the Principal has entered into a certain. written contract with the Owner, dated the 9 day of acv5 A.D. to Hickory Slough Detention Site Dirt Hauling in the City of flatland, Texas (B2003 — 047) which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. • NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform soul Contract and shall in all respects duly and faithfully observe and perform all 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 mtent and meaning of said Contract and the Plans and Specifications hereto annexed, 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 Article 5160. of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions • of said article 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 contract; or to the performed there under, 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 there under. END OF SECTION • Abyss Construction, Inc. William Nie'sen , President Developer Su ' ' Indeu. ity Co. Kevin toifiyr orney-in-fact'; STATE OF TEXAS § COUNTY OF BRAZORIA § • PAYMENT BOND Bond No. 560963P KNOW ALL MEN BY THESE PRESENTS: THAT Abyss Construction, of the City of Friendsvpod County of Galvest-on , and State of Texas , as principal, and Inc. Developers Surety & Indemnity Co. . authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto The City of Peariand (Owner), in the penal sum of n drod Thois Dollars ($ 100, 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, dated the iL day of A.D. to Hickory Slough Detention Site Dirt Hauling in the City of Pearland, Texas (B2003--- 047) 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 pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in the 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 Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with theprovisions Of said article 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 contract, or to the performed there under, 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 there under. Abyss Constructio., I • • Developers Sur _ y & nde 1.• . t Co . Adi cQu President •Kevin M in -fact • POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO BOX 19725, IRVINE, CA 92623 • (949) 263-3300 www.InscoDico.com KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby make, constitute and anno**it;evin McQuain, Debra McQuain, Justin McQuain, jointly or severally*** as its true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporation as surety, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as the corporation could do, but reserving to the corporation full power of substitution and revocation, and rill of the acts of said.Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY effective as of November 1, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the Attorney(s)-in-Fact named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its respective Executive Vice President and attested by its Secretary this 7th day of November, 2001. By: By: David H. Rhodes, Executive Vice President Walter A. Crowell, Secretary STATE OF CALIFORNIA )SS. COUNTY OF ORANGE On November 7, 2001, before me, Antonio Alvarado, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal Signature CERTIFICATE ANTONIO ALVARADO COMM. # 1300303 zi 2 Notary Public - California d ORANGE COUNTY 1 My Comm. Expires APRIL 10, 2005 K The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolution of the respective Boards of Directors of said corporation set forth in the Power of Attorney, is in force as of the date of this Certificate. By This Certificate is executed in the City of Irvine, California, the day of David G. Lane, Chief Operating Officer ID-1438 (DSI) (11/01) 40411E DISCLOSURE RIDER Terrorism Risk Insurance Act of 2002 The Terrorism. Risk Insurance Act of 2002 created a three-year program under which the Federal Government will share in the payment of covered losses caused by certain events of international terrorism. The Act requires that we notify you of certain components of the Act, and the effect, if any, the Act will have on the premium charged for this bond. Under this program, the Federal Government will cover 90% of the amount of covered losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet a variable deductible established by the Act. The Act .also establishes a cap of $1,000 000,000.00 for which the Federal Government or an insurer can be responsible. Participation in the program is mandatory for specified lines of property and casualty insurance, including surety insurance. The Act .does not, however, create coverage in excess of the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded by the termsof the bond, or by operation of law No additional premium has been charged for the terrorism coverage required by the Act. Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch Irvine, CA 92614 (949) 263 3300 www.inscodico.com IMPORTANT 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: 1-800-782-1546 You may also write to the Surety at: P.O. Box 19725 Irvine, CA 92623-9725 You may contact the Texas Department of Insurance to obtam information on companies, coverage, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P.O. 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. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANCE Para obtener informacion o para someter una queja: Usted puede llamar al numero de telefono gratis de para informacion o para someter una queja al: 1-800-782-1546 Usted tanbien puede escribir a Surety at: P.O. Box 19725 Irvine, CA 92623-9725 Puede comunicarse con el Departamento de Seguros de Texas para obtener information acerca de com- panias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departmento de Seguros de Texas P.O. Box 149104 Austin, TX 78714-9104 Fax# 512-475 1771 DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclaim, debe comunicarse con el Surety primero. Si no se resuelve la disputa, puede entonces comuni- carrse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. inscQjIco Insco Insurance Services, Inc. Underwriting Manager for' Developers Surety and Indemnity Company • Indemnity Company of California 17780 Fitch, Suite 200 Irvine, CA 92614 1-800-782 1546 www.InscoDico.com ID-1404 (TX) (4/01) SECTION F - PAYMENT BOND PERFORMANCE BOND • Bored No. 560963P STATE OF TEXAS § COUNTY OF BRAZORIA § • KNOW ALL MEN BY THESE THAT Abyss Construction, of the City of Friends}wood County of ca l vestnn , and State of ' Texas , as principal, and Inc .. Devel opera Snrety R Tndemni ty CO_ authorized under the laws of the State of Texas to act as surety'on . bonds for principals, are held and firmly bound unto The City of Pearland . (Owner), in the penal sum of One Hundred Thousand . Dollars ($100 r 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: • PRESENT! WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the C day of . , A.D. to Hickory Slough Detention Site Dirt Hauling in the City of Pearland, Texas (B2003 — 047) which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall in all respects duly and faithfully observe and perform altsingular 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 mtent and meaning of said Contract and thePlans and Specifications hereto annexed, then this obligation shall be void; otherwise toremain in foil force and effect; "PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions. of Article 5 I60 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be 'determined in accordance with the provisions • of saidarticle to the same extent as if it ware copied at length herein." • Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of contract, or to the performed there under, or the plans, specifications, or drawings accompanying the same, ' shall in any way affect its obligation on this braid, and it does hereby waive notice of any such change, extension of tune, alteration or addition to the terms of the. contract, or to the work to be performed there under. END OF SECTION • Abyss Constructipn, Inc. William Nielsen , President Develop Revd rety Ind -» .ity Co. ttorney--in-fact STATE OF TEXAS § COUNTY OF BRAZORIA § • PAYMENT BOND Bond No. 560963P • • KNOW ALL MEN BY THESE PRESENTS: THAT Abyss Construction, of the City of Friendstood County of Galveston , and State of Texas , as principal, and Inc. Developers Surety & Indemnity Co. . authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto The City of Pearland (Owner), in the penal sum of Dollars ($. 1 00 , 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, dated the q day of o,t OZ) A.I. to Hickory Slough Detention Site.Dirt Hauling in the City of Pearland, Texas (B2003•-- 047) 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 pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in the 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 Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with theprovisions of said article 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 contract, or to the performed there under, 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 there under. Abyss,Constructi..., nc. lliam Niels , Presiden Developers S ety &i3y t; Co. Kevin McQu, n-fact 6 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO BOX 19725, IRVINE, CA 92623 • (949) 263-3300 www.InscoDico.com KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby make, constitute and V 4evin McQuain, Debra McQuain, Justin McQuain, jointly or severally*** as its true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporation as surety, bonds, undertakings and contracts of suretyship giving and granting unto said Attorneys) -in -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as the corporation could do, but reserving to the corporation full power of substitution and revocation, and all of the gets of said.Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY effective as of November 1, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and th'tt each of them hereby is, authorized to execute Powers of Attorney, qualifying the Attorney(s)-in-Fact named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney onto any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its respective Executive Vice President and attested by its Secretary this 7th day of November, 2001. Th By: David H. Rhodes, Executive Vice President By: �/ u' 1 Walter A. Crowell, Secretary STATE OF CALIFORNIA )SS. COUNTY OF ORANGE On November 7, 2001, before me, Antonio Alvarado, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal Signature CERTIFICATE ro'' ANTONIO ALVARADO COMM. # 1300303 Notary Public - California ORANGE COUNTY My Comm. Expires APRIL 10, 2005 e The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolution of the respective Boards of Directors of said corporation set forth in the Power of Attorney, is in force as of the date of this Certificate. By This Certificate is executed in the City of Irvine, California, the day of David G. Lane, Chief Operating Officer ID-1438 (DSI) (11/01) DISCLOSURE RIDER Terrorism Risk Insurance Act of 2002 The Terrorism. Risk Insurance Act of 2002 created a three-year program under which the Federal Government will share In the payment of covered losses caused by certain events of international terrorism. The Act requires that we notify you of certain components of the Act, and the effect, if any, the Act will have on the premium charged for this bond. Under this program, the Federal Government will cover 90% of the amount of covered losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet a variable deductible established by the Act. The Act .also establishes a cap of $1,000,000,000.00 for which the Federal Government or an insurer can be responsible. Participation in the program is mandatory for specified lines of property and casualty insurance, including surety insurance. The Act .does not, however, create coverage in excess of the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded by the tennusof the bond, or by operation of law No additional premium has been charged for the terrorism coverage required by the Act. Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch Irvine, CA 92614 (949) 263 3300 www, inscodico. com IMPORTANT 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: 1-800-782-1546 You may also write to the Surety at: P.O. Box 19725 Irvine, CA 92623-9725 You may contact the Texas Department of Insurance to obtam information on companies, coverage, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P.O. 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. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANCE Para obtener informacion o para someter una queja: Usted puede llamar al numero de telefono gratis de para informacion o para someter una queja al: 1-800-782-1546 Usted tanbien puede escribir a Surety at: P.O. Box 19725 Irvine, CA 92623-9725 Puede comunicarse con el Departamento de Seguros de Texas para obtener information acerca de com- panias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departmento de Seguros de Texas P.O. Box 149104 Austin, TX 78714-9104 Fax# 512-475 1771 DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comumcarse con el Surety primero. Si no se resuelve la disputa, puede entonces comuni- carrse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de mformacion y no se convierte en parte o condicion del documento adjunto. 1r15CC bco Insco Insurance Services, Inc. Underwriting Manager for: Developers Surety and Indemnity Company • Indemnity Company of California 17780 Fitch, Suite 200 Irvine, CA 92614 1-800-782-1546 www.InscoDico.com ID-1404 (TX) (4/01) 06/19/03 10:10 CRAVENS/WARREN - 2819920121 N0.557 P01 ACORD CERTIFICATE OF LIABILITY INSURANCE PRODUCER • Cravens/Warren s company P. O. Box 41329 Houston TX 77241-1329 Phone : 713-690-6000 Fax : 713-690-6020 INSURED OP ID SZI PATE (MMJDDNYYY) G&A9t-1 06%19/03 THIS CERTIFICATE I3 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES EEI-OW. INSURERS AFFORDING COVERAGE NAIL 0 G A Outsourcing, In 547SanPolia 01161 Houston, TX 77057 COVERAGES INSURER A: Texas Mutual Insurance Coups INSURER A: ny INSURER CI INSURER D: INSURER E: POLICIES REQUIREMENT, PERTAIN, 6R OF INSURANCE LIBIED BELOW HAVE TERM OR CONDITION OF my THE INSURANCE AFFORDED SY THE AGGREGATE LIMITS SHOWN MAY HAVE BEEN I$$UEE TO THE CONTRACT OR OTHER POLICIES DESCRIBED SEEN REDUCED BY PAID INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING DOCUMENT WITH RESPECT TD WHICH THIS CERTIFICATE MAYBE ISSUED OR HEREIN I6 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS 0P SUCH CLAIMS, THE ANY MAY POLICIES, nLTR S IN TYPE OF INSURANCE , POLICY NUMBER pDA3\10 1p j I LIMITS GENERAL COMMERCIAL LIABILITY J GLAND GENERAL MAD LIABILITY EACH OCCURRENCE S URMAUt PREMISES 1U HMI 1tU (Es baadenre) $ I OCCUR MED EXP (Any ono peraan) a PERSONALS ADV INJURY 8 GENERAL AGGREGATE $ GEN'L AGGREGATE POLICY LIMIT APPLIES kr* PER: LOC PRODUCTS • COMP/OP AGO A II j AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS BCHEOuLEOAUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (ES eecldent) L L BODILY INJURY (Per pkaon) 5 BODILY INJURY (Pet eccldenl) $ PROPERTY DAMAGE (Per eecldenp $ GARAGE WIELDY ANY AUTO AUTO ONLY • EA ACCIDENT $ OTHER AUTO THAN ONLY: EA ACC $ Acid, $ EXCES$IUMBRELLA OCCUR DEDUCTIBLE RETENTION LIABILITY I CLAIMS MADE EACH OCCURRENCE S I AGGREGATE $ $ 5 $ $ A WORKERS EMPLOYERS'LIASIWry OFFICERIMEMSERiexcLUDED� II yee, SPECIAL daao-fibe PROVISIONS COMPENSATION AND ECUTIVE u dhr below T8W0001076234 02/23/03 02/23/04 X'TORY LOAM! ! X DER E,L.EACHACCIDENT s 1000000 E.L.DISEASE •EAEMPLOYEE $ 1000000 E.L. DISEASE • POLICY LIMIT $ 1000000 OTHER DESCRIPTION RE' favor Hickory OP OPERATIONS Slough of Certificate 1 LOCATIONS are insured 1 VBHICLEB Detention Holder under 'EXCLUSIONS Site Dirt the for ADDED referenced W/C. BY Hauling. ENDORSEMENT policy. 1 Employees BPSC(AL PROVISIONS of Abyss Waiver of Subrogation Construction in CERTIFICATE HOLDER CANCELLATION City Attn 3519 Pentland of : Liberty Allen Pearlan.d TX R. 77581 Drive Mueller CIT PEA SHOULD DATE THEREOF, NOTICE IMPOSE REPREBENTATNEB. ANY OF THE ABOVE DESCRIBED POLICIES at CANCELLED THE ISSUING INSURER WILL ENDEAVOR TO MAIL TO THE CERPFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, BEFORE 30 THE EXPIRATION DAYS WRITTEN DO BO ANAL SI4ALL AGENTS OR 70 ITS AUT Inc RE TATIVE r /► / GnRPbRA ACORD 26 (2001109) ,� I`T ON TAB JUN-18-2003 14:19 FROM:ANCO GLOBAL 2818292270 TO:2819920121 P:415 PRODUCER Anon -Global insurance Services of Houston Inc. 16350 Park Ten Place, Ste 200 Houston TX 77084 Phone:281-829-2240 Fax:281-829-2270 INSURED Abyss Construction,.inc, 1414 S , Fri,endswood Dr. E'riendswood TX 77543 .4.1_c_QRP CERTIFICATE OF LIABILITY INSURANCE CSR sO DATEIIAMIDD/YYYY) �axss�z 06/19/03 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC N IN9URERA: i,lOyd's of London INSURER B: INSURER C: INSURER D; NSURER EI COVERAGES THE POLICIES OR INSURANCE LISTED R(.LOW HAVE BEEN ISSUED TO THE INSUREO NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RE„PFCT TO WHICH THIS CERTIFICATE MAY DE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 18 SUBJECT TO ALL THE TERMS, U(CLUSIONG AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED RY PAID CLAIMS1NSTIT.'�i� LTR IN� SR0 TYPE Or INSURANCE POLICY NUMBER rim IMMIDDM'J D le( all LIMITE GENERAL LIABILITY EACH OCCURRENCE 1 ' COMMERCIAL GENERAL LIADILITY wAiMpo t TU IiSN 1 CU PREMISES (Ea accurencn) CLAIMS MADE OCCUR MED f.XP (Any one pomp) PERSONAL & ADV INJURY S GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS. COMP/OP AGO 3 POLICY l JCC LOC AUTOMOBILE LIADILITY COMBINED SINGLE ANY AUTO LIMIT (Es Accident) S ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJuriv (Par person) HIRED AUTOS DODILY INJURY NON•OWNED AUTOS (P4r pccIrienl) PROPERTY DAMAGE --,-, _ (Per occICenl) GARAGE LIABILITY AUTO ONLY • EA ACCIDENT A ANY AUTO OTHER THAN FA ACC v & AUTO ONLY: AGG --, $ Excess/UMDRELLA LIABILITY EACH OCCURRENCE 1 OCCUR CLAIMS MADE AGGREGATE A DEDUCTIBLE g RETENTION $ $ WORKERS CDMPENSATIQN AND STATU• WCTORY LIMITS) OTH• FL EMPLOYERS' ANY PROPRIETOR/PARTNERIExECUTjvF mount E.L. EACH ACCIDENT S OFFICErvMEMBDR Iryyn9 dnpcnhe EXCLUDED? E.L. DISEASE. EA RMPLOYRR $ SPECIAL unapt••-- PROVISIONS temw E.L, DISEASE • POLICY LIMIT S A OTHER Equipment Floater CEIS023103 04/02/03 04/02/04 Scheduled Lease/ran 752,348 250,000 DESCRIPTION OF OPERATION& 1 LOCATIONS / VEHICLES / EXCLUSIONS ADDED RY ENDORSEMENT 1 SPECIAL PROVISIONS Project info.: Hickory Slough Detention Site Dirt Hauling TIFICATE HOLDER CANCELLATION CITPEAR City of Pearland Attn; Alan Mueller 3519 Liberty Drive Pearland TX 77581 ACQRD 25 (2001/00) SHOULD ANY OF THE ABOVE DE9CR)OED POLICIES RE CANCELLED 9EFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURDR WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPEDE NO ORLIOATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES, AUTHOQ9RP RRP ,. , ATIVE ®ACORD CORPORATION 198E JUN-18-2003 14:19 FROM:ANCO GLOBAL 2818292270 TO:2819920121 P:2/5 A_ CORD. CERTIFICATE OF LIABILITY INSURANCE PRODUCER Anco-Global. Insurance Services of Houston, Inc 16350 Park Ten Place, Ste 200 Houston TX 77084 Phone:281.-829-2240 Fax1281-829-2270 INSURED CSR JO PATE IMMIDDmyY) ABXSS-•l 06/18/03 THIS CERTIFICATE IS ISSUED AS A MATTER OF NFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # Abyss Construction, Inc. 1414 S , E'xiendswood Dr. Friendnwood.TX 77543 INSURFRA: American EmjJire Susplue Lines NSURER B: INSURER C: Southern County Mutual Ins. CO INSURER D INSURER E; COVERAGES THE ANY MAY POLICIES, POLICIES RECUIRDMENT, PERTAIN, OF INSURANCE LISTED BC LOW HAVE TERM OR CONDITION Of ANY THR INSURANCE AsPORDED DY THE AOOREOATG LIMITS SHOWN MAY HAVE BEEN IS6UED TO THE INSURED NAMED ABOVE FOR THE. POLICY PERIOD INDICATED, NOTWITHSTANDING CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR POLICIES DESCRIBED HEROIN IS SUDJF,CT TO AM. THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH BEEN REDUCED DY PAID CIAIMS, INWTman LTR WARP TYPE OF INSURANCE POLICY NUMBER POIICYarr8CYIVE•'DA DATE WM/DEMI o ( 1 R iftdA N) LIMITS GENERAL LIADILITY EACH OCCURRENCE $1 , 000 , 0 00 A i X COMMERC1AlGENERAL LIABILITY CGL2EP04756 12/06/02 12/O8/03 upRnIFETOCnuenca) F100000 ^� CONS MADE X OCCUR MED EXP (Any ono pnr^On) $ 5 , 000 PERSONAI. A ADV INJURY $ 1 , 000 , 000 GENERALACOREGATE $ 2, 000, 000 GEN'L AGGREGATE LIMITRAPPLIES PER: PRODUCTS • COMP/or AGO A 1 , 000 000 Li 1 POLICY n JB8T ( LOC AUTOMORILR LIABILITY COMBINED BINDLE LIMIT B ANY AUTO $TC5527090 1,0/02/02 10/02/03 (Fa (Accident) $ 1 , 00 0 , 000 _ X ALL OWNED AVT'O0 SCHEDULED AUTOS BODILY INJURY (her perean) S X X HIRED AUTOS NQN•OWNED AUTOS BODILY INJURY (Pnr neeldnnI) PROPERTY DAMACE (Par mom $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGO $ EXCESSIUMBROLLA LIABILITY EACH OCCURRENCE $ 1 000 000 , , A X OCCUR CLAIMS MADE 2EX04757 12/09/02 12/O9/03 AGGREGATE S1,000,000 DEDUCTIBLE X 1 RETENTION $10 000 E WORKf.RACOMPENSATION AND wL3Ta (TORYI.IM�S r J brl- ER EMPLOYERS ANY PROPRI LIABILITY OR/pARTNERIEXECUTIVE E,L, EACI•I ACCIDENT $ OFFICER/MEMBER EXCLUDED? F,L, DISEASE • EA EMPLOYEE $ IIyee, dencribn SPECIAL undo( PROVISIONS below E.L. DISEASE • POLICY LIMIT $ OTHER DE6CRIPTION OP OPERATIONS Project Info.: Certificate 1 LOCATIONS Hickory holder / VEHICLES Slough is / named EXCLUSIONS Detention as additional ADDED 0Y PNbORSEMENT Hite insured Dirt 1 SPECIAL 'mauling with PROVISIONS waiver of subzogati on as required by written contract, CERTIFICATE HOLDER CITPEAR City of Pearladnd Attn: Alan R, Mueller 3519 Liberty Drive Pearland TX 77581 ACORD 25 (2001/0B) CANCELLATION SHOULD ANY OF THR ABOVE DESCRIBED POLICII S BE CANCELLED AFFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, RUT FAILURE TO DO SD SHALL IMPOSE NO ORLISATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS Oft REPRESENTATIVES, AUTHORIZEDREP ISf?; ./'ATIVE ®ACORD CORPORATION 19138 SECTION G - MAINTENANCE BOND (NOT INCLUDED►) SECTION H - LABOR CLASSIFICATION AND MINIMUM WAGE SCALE LABOR CLASSIFICATION AND MINIMUM WAGE SCALE 1. General: Articles 51-59a of the Revised Civil Statutes of Texas, passed by the 43rd Legislature Acts of 1933, page 91, Chapter 45 provides that any government subdivision shall ascertain the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft or type of workman or mechanic and shall specify in the call for bids and in the Contract the prevailing rate per diem wages which shall be paid for each craft type of workman. This Article further provides that the Contractor shall forfeit as a penalty, to the City, County, or State, or other political subdivision, Ten Dollars ($10 00) per day for each laborer, or workman, or mechanic who is not paid the stipulated wage for the type of work performed by him as set up in the wage scale The City of Pearland is authorized to withhold from the Contractor the amount of this penalty m any payment that might be claimed by the Contractor or subcontractor. The Act makes the Contractor responsible for the acts of the subcontractor in this respect. The Article likewise requires that the Contractor and sub- contractor keep an accurate record of the names and occupations of all persons employed by him and to show the actual per diem wages paid to each worker and these records are open to the inspection of the City of Pearland. Labor Classification and Minimum Wase Scale: General Decision Number TX990082 on labor classifications and wage scale is attached herein. WAIS Document Retrieval http.!ineptune.tedworld.aowcgi-bi...463293S3-2-0-0&A‘ aisaction=re;; GENERAL DECISION TX990082 03/12/99 TX82 General Decision Number TX990082 • Superseded General Decision No. TX980082 State: TEXAS Construction Type. HEAVY County(ies): BRAZORIA FORT BEND GALVESTON HARRIS MATAGORDA MONTGOMERY WALLER WHARTON • FLOOD CONTROL AND WATER AND SEWER LINES, including: Breakwaters, Channels, Channel Cut-offs, Dikes, Drainage Projects, Flood. Control Projects Irrigation Projects, Jetties, Land Drainage (not incidental to other construction), Land Leveling (not incidental to other construction), Land Reclamation, Levees, P ipelines, Ponds, Pumping Stations (prefabricated drop - in not building), Revetments, Sewage Collection and Disposal L ines, Sewers (Sanitary, Storm, etc.), Shoreline Maintenance W ater Mains and Water Supply Lines (not incidental to building). Modification Number Publication Date 0 03/12/1999 COUNTY(ies): BRAZORIA FORT BEND GALVESTON HARRIS MATAGORDA MONTGOMERY S UTX2045A 03/26/1998 ASPHALT RAKER ASPHALT SHOVELER BATCHING PLANT WEIGHER CARPENTER CONCRETE FINISHER -PAVING CONCRETE FINISHER -STRUCTURES CONCRETE RUBBER ELECTRICIAN FLAGGER FORM BUILDER(STRUCTURES) FORM LINER -PAVING & CURB FORSETTER (PAVING/CURB) FORM SETTER -STRUCTURES LABORER -COMMON LABORER -UTILITY L INEPERSON MANHOLE BUILDER (Brick) MECHANIC O ILER SERVICER PAINTER -STRUCTURES PILEDRIVER PIPE LAYER ASPHALT DISTRIBUTOR ASPHALT PAVING MACHINE BROOM OR SWEEPER OPERATOR BULLDOZER CONCRETE CURING MACHINE CONCRETE FINISHING MACHINE WALLER WHARTON Rates 8.28 7.45 11.11 10.35 9.87 9.86 9.00 16.15 6.66 9.96 9.03 8.86 9.05 7.45 8.53 7.50 8 49 11.38 9 56 9.51 14.00 10.96 8.49 9.47 10.05 8.01 9.91 8.80 11.79 • • Fringes • 1 . C 1 09/09/1999 2:36 VATS Document Retrieval CONCRETE JOINT SEALER CONCRETE PAVING FLOAT CONCRETE PAVING SAW CONCRETE PAVING SPREADER SLIPFORM MACHINE OPERATOR CRANE, CLAMSHELL, BACKHOE, DERRICK, D'LINE SHOVEL CRUSHER/SCREENING PLANT FOUNDATION DRILL OPERATOR, CRAWLER MOUNTED FOUNDATION DRILL OPERATOR TRUCK MOUNTED FRONT END LOADER MILLING MACHINE OPERATOR. MIXER MOTOR GRADER (FINE GRADE) MOTOR GRADER PAVEMENT MARKING MACHINE ROLLER, STEEL WHEEL PLANT MIX PAVEMENTS ROLLER, STEEL WHEEL OTHER FLATWHEEL OR TAMPING ROLLER, PNEUMATIC, SELF PROPELLED SCRAPER - TRACTOR -CRAWLER TYPE TRACTOR -PNEUMATIC TRAVELING MIXER TRENCHING MACHINE -LIGHT TRENCHING MACHINE -HEAVY WAGON -DRILL, BORING MACHINE REINFORCING STEEL SETTER (PLANING) REINFORCING STEEL SETTER STRUCTURES STEEL WORKER -STRUCTURAL SIGN ERECTOR SPREADER BOX OPERATOR WORK ZONE BARRICADE SIGN INSTALLER TRUCK DRIVER -SINGLE AXLE LIGHT TRUCK DRIVER -SINGLE AXLE HEAVY TRUCK DRIVER -TANDEM AXLE SEMI TRAILER TRUCK DRIVER-LOWBOY/FLOAT WELDER httpJ/neptune.tedworld.goviegi-bi...465293S3 2 0 OS.:Waisaction=retrieN 10.50 9.30 10.01 9.32 9.20 11.35 11.00 12.59 12.73 9.29 10.43 7.94 11.11 10.67 7.45 9.25 7.61 - 7.96 8.69 10.12 8.99 9.35 10.50 13.56 10.15 12.50 12.47 10.35 10.06 9.08 7.45 7.45 8.15 8.76 8.00 11.29 10.43 • • Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5 (a) (1) (v)) . WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: an existing published wage determination a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) so • • ruling VAIS Document Retrieval CONCRETE JOINT SEALER CONCRETE PAVING FLOAT CONCRETE PAVING SAW CONCRETE PAVING SPREADER SLIPFORM MACHINE OPERATOR CRANE, CLAMSHELL, BACKHOE, DERRICK, D'LINE, SHOVEL CRUSHER/SCREENING PLANT FOUNDATION DRILL OPERATOR, CRAWLER MOUNTED FOUNDATION DRILL OPERATOR TRUCK MOUNTED FRONT END LOADER MILLING MACHINE OPERATOR. MIXER MOTOR GRADER (FINE GRADE) MOTOR GRADER PAVEMENT MARKING MACHINE ROLLER, STEEL WHEEL PLANT MIX PAVEMENTS ROLLER, STEEL WHEEL OTHER FLATWHEEL OR TAMPING ROLLER, PNEUMATIC, SELF PROPELLED SCRAPER - TRACTOR -CRAWLER TYPE TRACTOR -PNEUMATIC TRAVELING MIXER TRENCHING MACHINE -LIGHT TRENCHING MACHINE -HEAVY WAGON -DRILL, BORING MACHINE REINFORCING STEEL SETTER (PLAVING) REINFORCING STEEL SETTER STRUCTURES STEEL WORKER -STRUCTURAL SIGN ERECTOR SPREADER BOX OPERATOR WORK ZONE BARRICADE SIGN INSTALLER TRUCK DRIVER -SINGLE AXLE LIGHT TRUCK DRIVER -SINGLE AXLE HEAVY TRUCK DRIVER -TANDEM AXLE SEMI TRAILER TRUCK DRIVER-LOWBOY/FLOAT WELDER hrtpJ/neptune.tedworld.c.ov/e2i-bi...46529383-2-0-0&As a;sa�tion=retries 10.50 9.30 10.01 9.32 9.20 11.35 11.00 12.59 12.73 9.29 10.43 7.94 11.11 10.67 7.45 9.25 7.61 7.96 8.69 10.12 8.99 9.35 10.50 13.56 10.15 12.50 12.47 10.35 10.06 9.08 7.45 7.45 8.15 8.76 8.00 11.29 10.43 • 1 • Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5 (a) (1) (v)) . WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This• can be: an existing published wage determination a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) • a • ruling \VAIS Document Retrieval hnp:iineptune.tedworld.govicgi-bi...4b5?93S3-_-O-08:waisaction=ret;i,\ On survey related matters, initial contact, inc_dding,requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this'iritial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:' Branch of Construction•. Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. Washington, D. C. 20210 The request should be accompanied by a full statement of the - interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator :s not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 4.) All decisions by the Administrative Review Board are final_. END OF GENERAL DECISION • nninn a•nnn 1.14 DIN SECTION I - GENERAL AND SPECIAL CONDITIONS 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 TABLE OF CONTENTS SHOP DRAWINGS GC-2 PAYMENT BOND GC-2 PERFORMANCE BOND GC-2 PROPOSAL GC-3 PROPOSAL GUARANTY GC-3 SPECIFICATIONS GC-3 SUBCONTRACTOR GC-3 SUBSTANTIAL COMPLETION GC-3 SUPERINTENDENT GC-3 SURETY GC-3 STANDARD ABBREVIATIONS GC-3 1.30 WORK GC-4 1.31 EXTRA WORK GC-4 1.32 SUPPLEMENTAL AGREEMENT GC-4 2. AWARD AND EXECUTION OF CONTRACT 2.01 CONSIDERATION OF PROPOSALS GC-4 2.02 AWARD OF CONTRACT GC-4 2.03 RETURN OF PROPOSAL GUARANTIES GC-4 2.04 EXECUTION OF CONTRACT, PERFORMANCE AND PAYMENT BONDS GC-4 2.05 FAILURE TO EXECUTE CONTRACT, PERFORMANCE AND PAYMENT BONDS GC-5 Page 2 T-2 2.06 2.07 3.01 3.02 3.03 TABLE OF CONTENTS BEGINNING OF WORK GC-5 INSURANCE GC-5 & 6 3. SCOPE OF WORK INTENT OF SPECIFICATIONS AND DRAWINGS GC-6 CHANGES AND ALTERATIONS GC-6 & 7 FINAL CLEANING UP GC-7 4. CONTROL OF THE WORK 4.01 AUTHORITY OF THE ENGINEER 4.01 4.03 4.04 4.05 4.06 4.07 5.01 5.02 SAMPLES AND 'PESTS OF MA I ERIALS GC-7 DRAWINGS GC-7 COORDINATION OF SPECIFICATIONS AND DRAWINGS GC-8 COOPERATION OF CONTRACTOR GC-8 CONSTRUCTION STAKES GC-8 INSPECTION GC-8 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK GC-8 5. CONTROL OF MATERIALS AND QUALITY WORK SOURCES OF SUPPLY GC-8 & 9 GC-9 GC-9 5.03 INSPECTION AND TESTING OF EQUIPMENT OF WORK 5.03 INSPECTION AND 'I ESTING OF EQUIPMENT AND DEFICIENT WORK 5.05 STORAGE OF MAIERIALS T-3 GC-10 GC-9 & 10 Page 3 TABLE OF CONTENTS 5.06 DEFECTIVE MATERIALS GC-10 6. LEGAL RELATIONS AND RESPONSIBILITIES 6.01 LAWS TO BE OBSERVED GC-10 6.02 PERMITS AND LICENSES GC-10 6.03 SANITARY PROVISIONS GC-10 6.04 PAI'EN'1'ED DEVICES AND PROCESSES GC-1 0 GC-10 GC-11 6.07 WAIVER OF LIEN GC-11 7. PROSECUTION AND PROGRESS 6.05 RESPONSIBILITY FOR DAMAGE CLAIMS 6.06 CONTRACTOR'S RESPONSIBILITY FOR WORK 7.01 SUBLE IPING OR ASSIGNING OF CON' TRACT 7.02 PROSECUTION OF WORK 7.03 WORKMEN AND EQUIPMENT GC-11 GC-11 GC-11 GC-12 GC-12 7.04 I'EMPORARY SUSPENSION OF WORK 7.05 CON' TRACT TIME 7.06 LIQUIDA I'ED DAMAGES FOR FAILURE TO COMPLE' I'E ON TIME GC-12 & 13 7.07 ABANDONMENT OF WORK OR DEFAULT OF CON 'I'RACT GC-13 8. MEASUREMENT AND PAYMENT 8.01 MEASUREMENT OF QUANTITIES GC-13 8.02 SCOPE OF PAYMENT GC-13 T-4 Page 4 TABLE OF CONTENTS 8.03 ADJUSTMENT FOR CHANGES IN WORK GC-13 & 14 & 15 8.04 PARTIAL PAYMENTS GC-16 8.05 PAYMENT WITHHELD GC-16 & 17 8.06 ACCEPTANCE AND FINAL PAYMENT GC-17 9. GUARANTEE 9.01 GUARANTEE GC-17 • T-5 Page 5 GENERAL CONDITIONS OF AGREEMENT 1.00 DEFINITION OF TERMS Wherever in these General Conditions of Agreement or in other Contract Documents, the following terms or pronouns in place ofthem are used, the intent and meaning shall be interpreted as follows: 1.01 AGREEMENT. The written agreement between the OWNER and the CONTRACTOR covering the Work to be performed, including the CONTRACTOR'S Bid and the Bonds. 1.02 BID. See Proposal. 1.03 BIDDER. An individual, firm, or corporation of any combination thereof submitting a proposal. 1.04 CALENDAR DAY. Any day of the week or month, no days being excepted. 1.05 CHANGE ORDER. A written order to the CONTRACTOR signed by the OWNER authorizing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Agreement 1.06 CITY. The incorporated City of Pearland, Brazoria County, Texas. 1.07 CITY COUNCIL. The elected officials of the City. The Mayor and five (5) Councilmen, who have the legal authority sitting as a Council to accept or reject any or all proposals submitted for the work. 1.08 CONTRACT. See Agreement. 1.09 CONTRACT DOCUMENTS. The Contract Documents shall consist of the Notice to Bidders, Instruction to Bidders, Proposal, signed Agreement, Performance and Payment Bonds, Special Bonds, (when required), proof of insurance, General Conditions of the Agreement, Special Conditions, Technical Specifications, plans, and all modifications thereof incorporated in any of the documents before the execution of the agreement. The Contract documents are complementary, and what is called for by any one shall be as binding as if called for by all. In case of conflict between any of the Contract Documents, priority of interpretation shall be in the following order: Signed Agreement, Performance and Payment Bonds, Special Bonds (if any), Proposal, Special Conditions of Agreement (if any), Notice to Bidders, Technical Specifications, Plans, and General Conditions of Agreement. GC-1 Page 6 1.10 CONTRACTOR. The individual, firm or corporation or any combination thereof, whose proposal is accepted and with whom the agreement is made by the OWNER 1.11 DRAWINGS. The drawings and plans which show the character and scope of the work to be performed and which have been prepared or approved by the ENGINEER and are referred to in the Contract Documents 1.12 ENGINEER. The City Engineer of the City of Pearland, Texas, or his authorized representatives. 1.13 EXTENDED DAY An extended day is defined as a calendar day, in which conditions described in Paragraph 7.05 will not permit the performance of the principal unit of work underway for a continuous period of not less than Six (6) hours between 8:00 a.m. and 5:00 p.m. 1.14 INSPECTOR. The authorized representative of the Engineer assigned to inspect any and all parts of the work and the materials to be used therein. 1.15 LABORATORY Any testing laboratory that may be designated or approved by the ENGINEER. 1.16 CITY MANAGER. The appointed official who presides over the City business of the City of Pearland, Texas and who is empowered to execute the Agreement for the City provided that the Council shall have accepted the Proposal by a majority vote. 1.17 OWNER City of Pearland, Texas. 1.18 PROJECT. The entire work to be performed as provided for in the Contract Documents. 1.19 SHOP DRAWINGS. All drawings, diagrams, illustrations, brochures, schedules, and other data which are prepared by the CONTRACTOR a Subcontractor, manufacturer, supplier, or distributor and which illustrates the equipment, material, or some portion of the work. 1.20 PAYMENT/MAINTENANCE BOND. The security furnished by the Contractor and the Surety in the full amount of the Contract for the protection of all claimants supplying labor and material in the prosecution of the work. 1.21 PERFORMANCE BOND. The security furnished by the Contractor and the Surety in the full amount of the Contract as a guaranty that the Contractor will faithfully perform the Contract and save harmless the Owner from all cost and damage which the Owner may suffer by reason of the Contractor's default or failure to do so. GC-2 Page 7 1.22 PROPOSAL. The offer of the Bidder, made out on the prescribed form, giving prices for performing the work described in the Specifications and drawings. 1.23 PROPOSAL GUARANTY. The security designated in thek Proposal and furnished bondsi seb the Bidder as a Guaranty that the Bidder will enter into a Contract andrequired his proposal is accepted. 1.24 SPECIFICATIONS. The directions, provisions and requirements for the work, attached to and forming a part of the Specifications. 1.25 SUBCONTRACTOR The individual, firm, or corporation, having a direct contract with the Contractor, approved by the OWNER, for the performance of a part of the work at the site of the work. 1.26 SUBSTANTIAL COMPLETION. By the term "substantial completion" is meant that the facility is in condition to serve its intended purpose but still may require minor miscellaneous work and adjustment. 1.27 SUPERINTENDENT. The authorized representative of the Contractor at the site of the work. 1.28 SURETY. The corporate body which is bound with the Contractor for the faithful performance of this work covered by the Contract and payment of due and unpaid claims arising there under. 1.29 STANDARD ABBREVIATIONS. A. ASTM American Society for Testing Materials. B. AASHO. American Association of State Highway Officials. C. ASA. American Standards Association. D. API American Petroleum Institute. E AWS. American Welding Society. F. NEMA. National Electrical Manufacturers Association. G. EEI. Edison Electric Institute. H. IES. Illuminating Engineering Society. I. UL Underwriters Laboratory, Inc. J. AAI. American Association of Nurserymen. K. AWG. American Wire Gage. L. BPR. The United States Bureau of Public Roads. M. IMSA. International Municipal Signal Association. N. I[E. Institute of Traffic Engineers. GC-2 Page 8 O. NBFU. National Board of Fire Underwriters. P. NEC National Electrical Code (Published by NBFU.) Q. AWWA. American Water Works Association. 1.30 WORK. The Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, services, insurance, and all water, light, power, fuel, transportation and other facilities necessary for the execution and completion of the work covered by the Contract Documents. Unless otherwise specified, all material shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognized standards. 1.31 EXTRA WORK. The term "Extra Work" as used in this contract shall be understood to mean and include all work that may be required by the Engineer or Owner to be done by the Contractor to accomplish any change, alteration or addition to the work shown upon the plans or reasonably implied by the specifications, and not covered by the Contractor's Proposal, except as provided under "Changes and Alterations", herein. 1.32 SUPPLEMENTAL AGREEMENT. Written agreement entered into between the Contractor and the City and approved by the Surety, covering alterations and changes in plans which are necessary to the proper completion of the work. 2.00 AWARD AND EXECUTION OF CONTRACT 2.01 CONSIDERATION OF PROPOSALS The proposals will be opened and read in public and referred to the City Council for action. Until the award of the Contract is made, the right will be reserved to reject any or all proposals and to waive such technicalities as may be considered for the best interest of the City. 2.02 AWARD OF CONTRACT. The award of the contract, if it be awarded, will be made within thirty (30) days after the opening of bids unless otherwise stated in the proposal. 2.03 RETURN OF PROPOSAL GUARANTIES. Proposal guaranties of the three lowest bidders may be retained until after the contract and bonds have been executed. Proposal guaranties of all except the three lowest bidders will be returned within ten (10) days after the public opening and reading of the proposals. 2.04 EXECUTION OF CONTRACT PERFORMANCE AND PAYMENT/MAINTENANCE BONDS. Within fifteen (15) days after wntten notification of award of contract, the successful bidder shall execute and file with the City a Contract and Performance and Payment/Maintenance bonds each in the full amount of the Contract price, the bonds to be executed by a Surety Company authorized to do business in the State of Texas, as a guarantee of GC-3 Page 9 the faithful performance of the Contract and the payment of all obligations which may be mcurred for material and labor used in the performance of the work. The Contract will be executed on behalf of the City by the Mayor. a. If any Surety upon any bond furnished in connection with the contract becomes insolvent, or otherwise not authorized to do business in this State, the Contractor shall promptly furnish equivalent security to protect the interests of the City and of persons supplying labor or materials necessary to prosecution of the work contemplated by the Contract. b. The bonds shall be written to remain in force until expiration of the guarantee period which is one (1) year after acceptance of the completed work by the City. The Contractor shall pay the premiums on the required bonds and shall include this cost in his proposal and Contract amounts. 2.05 FAILURE TO EXECUTE CONTRACT AND FILE PERFORMANCE AND PAYMENT BONDS Should the successful bidder fail to execute and file the Contract and required bonds within fifteen (15) days alter written notification of the award of the Contract, the Proposal Guaranty filed with the Proposal shall become the property of the City, not as a penalty, but as liquidated damages. 2.06 BEGINNING OF WORK. The Contractor shall begin work within ten (10) days after receipt of written authorization by the Engineer to do so. 2.07 INSURANCE The Contractor shall not commence work under this Contract until he has obtained insurance of the type and for the amounts as follows and has filed and had the same approved by the City. Approval of the insurance by the City shall not relieve or decrease the liability of the Contractor. (1) Unless otherwise provided for m the Specifications, the Contractor shall provide and maintain, until the work covered in this contract is completed and accepted by the Owner, the minimum insurance coverage, as follows: TYPE OF COVERAGE LIMITS OF LIABILITY A. Workmen's Compensation Statutory B. Employer's Liability $500,000 C. Comprehensive General Liability 1. Bodily Injury $1,000,000 $1,000,000 Each person Each Occurrence 2. Property Damage $1,000,000 $1,000,000 Each Occurrence Aggregate D. Comprehensive Automobile Liability 1. Bodily Injury $500,000 $500,000 GC-4 Page 10 2. Property Damage Each person Each Occurrence $500,000 Each Occurrence E Owner's Protective Liability Insurance Policy: The Contractor shall obtain at his expense an Owner's Protective Liability Insurance Policy naming the City of Pearland, Texas and its employees as insured with the following limits: 1. Bodily Injury 2. Property Damage $300,000 $500,000 Each person Each Occurrence $100,000 $300,000 Each Occurrence Aggregate The immunity of the Owner shall not be a defense from the insurance carrier. F. Builder's Risk Insurance: The contractor shall obtain at his expense Builder's Risk Insurance against the perils of fire, lightning, windstorm, hurricane, hail, explosion, riot, civil commotion, smoke, aircraft land vehicles, vandalism and malicious mischief, in the amount of insurance equal at all times to the insurable value of the materials delivered and labor performed. The policy shall be issued jointly in the names of the Contractor, his Sub=Contractors and the Owner, as their interests may appear. The policy shall have endorsements as follows: 1. This insurance shall be specific as to coverage and not considered as contributing insurance with any permanent insurance maintained on the present premises. 2. Loss, if any, shall be adjustable with and payable to the Owner as Trustee for Whom It May Concern. (2) The certificates or evidences of insurance shall set forth that the insurance carrier will not cancel or materially alter the insurance until after ten (10) days written notice has been received by the Owner 3.00 SCOPE OF WORK. 3 01 INTENT OF THE SPECIFICATIONS AND DRAWINGS. It is the intent of the Specifications and Drawings to describe the complete work to be performed under the Contract Unless otherwise provided, it is also the intent that the Contractor shall furnish all materials, supplies, tools, equipment and labor necessary for the timely prosecution and GC-5 Page 11 completion of the Work. It is also understood that unless otherwise specified, all materials and equipment incorporated in the Work shall be new. 3.02 CHANGES AND ALTERATIONS. The Owner shall have the right to make such changes and alterations in the plans or in the quantities of the work as may be considered necessary or desirable, and such changes and alterations should not be considered as a waiver of any condition of the Contract, nor shall they invalidate any of the provisions thereof. The Contractor shall perform the work as increased or decreased and a proper adjustment in price shall be made as provided in paragraph 8.03. When such changes and alterations increase or decrease the quantity of the unit price items of the work by more than twenty percent (20%), then either party to the Contract, upon demand, shall be entitled to a revised consideration upon that portion of the work. Changes or alterations shall be made only on written authorization of the Engineer. 3.03 FINAL CLEAN UP. Upon completion of the work and before acceptance and final payment is made, the Contractor shall remove all rubbish and temporary structures, restore in an acceptable manner all property both public and private, which has been damaged during the prosecution of the work and leave the site of the work in a neat and presentable condition throughout. 4.00 CONTROL OF THE WORK 4.01 AUTHORITY OF THE ENGINEER The work will be done under the inspection of the Engineer to his satisfaction, and in accordance with the proposal, contract, specifications and drawings. He will decide all questions which may arise as to the quality of acceptability of materials furnished and work performed, the manner of performance and rate of progress of the. work, the interpretations of the specifications and drawings, and the acceptable fulfillment of the Contract on the part of the Contractor. Where the phrase "as directed by the Engineer", "ordered by the Engineer , or "to the satisfaction of the Engineer" occurs, it is to be understood that the directions, orders, or instructions to which they relate are within the limitations of the Contract documents 4.02 DRAWINGS. Drawings will show the lines, grades, cross -sections details and general features. The Contractor shall submit to the Engineer, with such promptness as to cause no delay in his own work or in that of and other Contractor, five copies, unless otherwise, specified, of all shop and/or setting drawings and schedules required for the work, and the Engineer shall pass upon them with reasonable promptness, making necessary corrections. The Contractor shall make any corrections required by the Engineer, file with him two corrected copies and furnish such other copies as may be needed. The Engineer's approval of such drawings or schedules shall not relieve the Contractor fiom responsibility for deviations from drawings or specifications, unless he has in writing called the Engineer's attention to such deviations at the time of submission nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. GC-6 Page 12 4.03 COORDINATION OF SPECIFICATIONS AND DRAWINGS. The Specifications and the accompanying drawings, are essential parts of the Contract, and a requirement occurring in one is as binding as though occurring in all They are intended to be cooperative and to provide for a complete work. In cases of disagreement, figured dimensions shall govern over scaled dimensions, detailed drawings shall govern over general drawings, specifications shall govern over drawings, and special provisions shall govern over specifications, drawings, and general provisions. 4.04 COOPERATION OF CONTRACTOR. The Contractor will be supplied with as many copies of the specifications and drawings as he may require and he shall have available on the job site at all times one copy of each. He shall give the work his constant attention to facilitate the progress thereof and shall cooperate with the Engineer. He shall have at all times a satisfactory and competent Superintendent on the job site, authorized to receive instructions and to act for him. The Contractor shall designate to the Engineer the name of such Superintendent. 4.05 CONSTRUCTION STAKES. The Engineer will furnish vertical and horizontal baseline control for the work, and will furnish the Contractor with all necessary information relating to them. These marks will be set sufficiently in advance of the work to avoid delay. The Contractor will use all reasonable care to protect and preserve any stakes and bench marks, and is responsible for all offsets, locating elevations and dimensions to position his works. 4.06 INSPECTION. The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the work as Performed is in accordance with the requirements and intent of the specifications, drawings and Contract. If the Engineer so requests, the Contractor shall at any time before acceptance of the work remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portion of the work to the standard required by the Specifications. Should the work thus exposed or examined prove acceptable, the Contractor shall be paid as provided in Paragraph 1.31 for the uncovering, removing, and restoration of the work; but should the work so exposed or examined prove unacceptable, the uncovering or removing and the restoration of the parts removed shall be at the Contractor's expense. No work shall be done without suitable inspection. 4.07 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK Allworkwhich has been rejected shall be remedied or removed and replaced in an acceptable manner by the Contractor at his own expense. Work done beyond the lines and grades given or as shown on the plans, except as herein Provided, or any work done without authority will be considered as unauthorized and done at the expense of the Contractor and will not be paid for. Work so done may be ordered removed at the Contractor's expense. 5.00 CONTROL OF MATERIALS AND QUALITY OF WORK 5.01 SOURCES OF SUPPLY The sources of supply of materials shall be approved by the Engineer. Representative samples of the materials proposed for use in the work will be GC-7 Page 13 submitted, when requested rn writing by the Engineer, for examination and testing in accordance with the methods referred to under Paragraph 5.02. Only materials conforming to the requirements of these specifications and approved by the Engineer shall be used in the work. If the sources of supply which have been approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish acceptable materials from some other approved source. 5 02 SAMPLES AND TESTS OR MATERIALS. Sampling and Testing of all materials proposed to be used will be made by the Engineer in accordance with methods prescribed by the ASTM or as prescribed in the Specifications. The selection of the method of test shall be as designated by the Engineer. The Contractor shall provide such facilities as may be required for the verification of scales, measures, and other devices used for Specified sampling and testing. All testing of materials for which the Owner or the Specifications and/or Drawings require tests to determine compliance with the requirements shall be accomplished at the Owner's expense. The Owner may at any time request test specimens of various materials. The test specimens shall be furnished by the Contractor and tests will be made by the Owner at the expense of the Owner. When directed by the Owner, material com- pliances with the specifications shall be made by one of the following: A. Manufacturer's certificate of compliance. B. Mill certificate. C. Testing laboratory certifications. D. Report of actual laboratory test from the Owner's laboratory or from a laboratory satisfactory to the Owner. Samples tested shall be selected by or rn the presence of the Owner and the method of testing shall comply with the professional societies' standard specifications. 5.03 INSPECTION AND TESTING OF EQUIPMENT OR COMPLETED PORTIONS OF WORK. If inspection and testing of equipment and completed portions of the work for approval is required by the Contract Documents, the Contractor shall give the Engineer notice of readiness and a time and date shall be arranged for the Engineer to observe such inspection and testing. The Contractor shall bear all costs of such inspection and testing. 5.04 INSPECTION AND TESTING OF EQUIPMENT AND WORK SUSPECTED OF BEING DEFICIENT. If after commencement of the work, the Engineer determines that any equipment or portion of the work completed requires inspection or testing because of suspected deficiency in workmanship or general conformity to the Plans and Specifications, he will inform the Contractor and order such special inspection or testing. If such special inspection or testing reveals a failure of the work to comply with the requirements of the Specifications or Plans, the Contractor shall bear all costs thereof made necessary by such failure, otherwise the Owner shall bear such costs. GC-8 Page 14 5.05 STORAGE OF MATERIALS. Materials shall be stored so as to insure the preservation of their quality and fitness for the work. 5.06 DEFECTIVE MATERIALS. All materials not conforming to the requirements of these specifications will be rejected and shall be removed immediately from the site of the work. Rejected materials, the defects of which have been subsequently corrected, shall have the status of new material. 6.00 LEGAL RELATIONS AND RESPONSIBILITIES. 6.01 LAWS TO BE OBSERVED The Contractor shall make himself familiar with and at all times shall observe and comply with all Federal, State and Local Laws, ordinances and regulations which in any manner affect the conduct of the work, and shall indemnify and save harmless the Owner and its Representatives against any claim arising from the violation of any such law, ordinance or regulation, whether by himself or by his employees. 6.02 PERMITS AND LICENSES No building permits will be required for work on the Owner's property. The Contractor shall procure any other permits or licenses, pay any other charges and fees, arrange for and furnish all notices necessary to the closing of any street or sidewalk, and give all notices necessary and incident to the due and lawful prosecution of the work. 6.03 SANITARY PROVISIONS. The Contractor shall, at his entire expense, provide and maintain in a neat, sanitary condition such sanitary facilities for the use of his employees as may be necessary to comply, with the requirements and regulations of the State Department of Health or of other authorities having jurisdiction. The location and design of such facilities shall be approved by the Engineer. 6.04 PATENTED DEVICES AND PROCESSES If the Contractor is required or desires to use any devices or processes covered by letters patent, or copyrighted, he shall provide for such use by suitable legal agreement with the patentee or Owner. The Contractor shall indemnity and save harmless the Owner from any and all claims for infringement by reason of the use of any patented device or process, or any trademark or copyright used in connection with the work agreed to be performed under the contract. 6.05 RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall save harmless the Owner and its employees from all suits, actions or claims brought on account of any injuries or damages sustained by any person or property in consequence of any neglect in safeguarding the work by the Contractor; or on account of any claims or amounts recovered for any infringement or patent, trademark, or copyright, except as herein elsewhere specifically provided; or from any claims or amounts arising or recovered under the "Workmen's Compensation Law" or any other laws. He shall be responsible for all damage or injury to property of any character occurring during the prosecution of the work resulting from any act, omission, neglect, or misconduct on his part or on the part of any of his employees, in the manner GC-9 Page 15 or method of executing the work; or from his failure to execute the work properly; or from defective work or materials. He shall not be released from such responsibility until all claims have been settled and suitable evidence to that effect furnished to the Owner. 6.06 CONTRACTOR'S RESPONSIBILITY FOR WORK. Until the acceptance of the work by the Engineer as evidenced in writing, it shall be under the charge and care of the Contractor. The Contractor shall rebuild and make good at his own expense all injuries and damages to the work occurring before its completion and acceptance. In case of suspension of work for any cause, the Contractor shall be held responsible for the preservation of all materials. 6.07 WAIVER OR LIEN. It is distinctly understood that by virtue of this Contract, no mechanic, contractor, subcontractor, supplier, material man, artisan, or laborer, whether skilled or unskilled, shall ever in any manner have claim, or acquire any lien upon the improvements of whatever nature or kind so erected or to be erected by virtue of this Contract nor upon any of the land upon which improvements are so erected, built or situated. 7.00 PROSECUTION AND PROGRESS 7.01 SUBLETTING OR ASSIGNING OF CONTRACT. The Contractor will not be permitted to assign, sell, transfer, or otherwise dispose of the Contract or any portion thereof or his rights, title or interest therein, without the approval of the Owner. The Contractor will not be permitted to sublet any portion of the Contract without the approval of the Engineer and Owner. In any case, no subcontract will relieve the Contractor of his responsibility under the Contract. 7 02 PROSECUTION OF WORK. Prior to beginning construction operations the Contractor shall submit to the Engineer a schedule or brief outlmmg the manner of prosecution of the work that he intends to follow in order to complete the Contract within the allotted time. The Contractor shall also furnish the Engineer a breakdown of Contract work items and costs for use in making the monthly progress estimates. The Contractor shall begin the work as required in paragraph 2.06 and shall continuously prosecute same with such diligence as will enable him to complete the work within the time limit set. He shall notify the Engineer at least twenty-four hours before beginning work at any point. He shall not open up work to the detriment of work already begun The beginning, sequence and prosecution of the work shall be subject to acceptance by the Engineer, and the Contractor shall conduct his operations so as to impose a minimum of interference to the necessary activities by the Owner. 7.03 WORKMEN AND EQUIPMENT. All workmen employed by the Contractor shall have such skill and experience as will enable them to perform properly the duties assigned to them Any person employed by the Contractor who, in the opinion of the Engineer, does not perform his work in a proper and skillful manner, or who is disrespectful, intemperate, disorderly, or otherwise objectionable, shall at the wntten request of the Engineer be removed from the Project and shall not be employed again on any portion of the work without the written consent of the GC-10 Page 16 Engineer. The Contractor shall furnish such suitable machinery, equipment, and construction forces as may be necessary, in the opinion of the Engineer, for the proper prosecution of the work. 7.04 TEMPORARY SUSPENSION OF WORK. The Engineer will have authority to suspend the work wholly or in part, for such period as he may consider necessary and each day of such suspension shall be considered an extended day. Notice of such suspension with the reasons therefore will be given the Contractor in writing. The Contractor shall not suspend work without the written authority of the Engineer. If the suspension is for the convenience of the Owner and causes the Contractor extra expense, the Contractor will be reimbursed for his actual additional expense without profit. 7.05 CONTRACT TIME. The Contractor shall complete the work within the number of consecutive calendar days stated in the proposal plus any extended days. Contract time will begin upon the written authorization by the Engineer to begin work. Extended days, as defined in paragraph 1.13 will be allowed the Contractor when the Owner determines that completion of the principal units of work was delayed as a result of: Unforeseeable causes beyond the control and without fault or negligence of the Contractor, Subcontractors or suppliers, including but not restricted to, acts of God, the public enemy, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and severe weather. 7.06 LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME. The time of completion is the essence of this contract. For each calendar day that any work shall remain uncompleted after the time specified in the proposal and the contract, or the increased time granted by the Owner, or as equitably increased by additional work or materials ordered after the contract is signed, the sum per .day given in the following schedule, unless otherwise specified in the special provisions, shall be deducted from the monies due the Contractor: AMOUNT OF CONTRACT AMOUNT OF LIQUIDA 1'ED DAMAGES Less than$ 5,000.00 $5,000.00 to 14,999.99 15 000.00 to 24,999.99 25 000.00 to 49,999.99 50 000 00 to 99 999.99 100,000 00 to 1 000 000.00 More than 1,000,000.00 $ 6000per day 80 00 per day 100.00 per day 120.00 per day 160.00 per day 240.00 per day 500.00 per day The sum of money thus deducted for such delay, failure or no completion is not to be considered as a penalty, but shall be deemed, taken and treated as reasonable hquidated damages, per calendar day that the Contractor shall be in default after the time stipulated in the contract for GC-11 Page 17 completing the work. The said amounts are fixed and agreed upon by and between Owner and Contractor because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages .the Owner in such event would sustain; and said amounts are agreed to be the amounts of damages which the Owner would sustain and which shall be retained from the monies due, or that may become due, the Contractor under this contract and if said monies be insufficient to cover the amount owing, then the CONTRACTOR or his surety shall pay any additional amounts due. 7.07 ABANDONMENT OF WORK OR DEFAULT OF CONTRACT. If the Contractor fails to begin or complete the work within the time specified; or fails to perform the work with sufficient workmen and equipment; or shall perform the work unsuitably; or shall neglect or refuse to remove materials or perform anew such work as may have been rejected as being defective or unsuitable; or shall discontinue the prosecution of the work without authority; or shall become insolvent or be declared bankrupt; or shall commit any act of insolvency or bankruptcy; or shall make an unauthorized assignment for the benefit of any creditor; or for any other cause whatsoever shall not carry on the work in an acceptable manner, the Engineer may give written notice to the Contractor and his Surety of such delay, neglect, or default, specifying same. If the Contractor within a period of ten (10) days after such notice shall not proceed to correct and remedy the conditions specified then the Owner shall give written notice of default to the Surety Company issuing the performance bond under paragraph 2.04 herein and said Surety Company shall then assume full responsibility for completion of the contract in an acceptable manner and in fulfillment of the Contract. 8.00 MEASUREMENT AND PAYMENT 8.01 MEASUREMENT OF QUANTITIES. All work completed under the contract will be measured by the Engineer. 8.02 SCOPE OF PAYMENT. The Contractor shall accept the compensation, as provided in the Contract, in full payment for furnishing all materials, supplies, labor, tools, and equipment necessary to complete the work under the contract; for any loss or damage which may arise from the nature of the work, from the action of the elements, or from any unforeseen difficulties which may be encountered during the prosecution of the work, until the final acceptance by the Owner, except where such damage is clearly shown to be due to inadequate design and not to improper prosecution of the work; for all risks of every description connected with the prosecution of the work; for all expenses incurred in consequence of the suspension or discontinuance of the work as herein specified; for any infringement of patent, trademark, or copyright, and for completing the work according to the specifications and drawings. The payment of any current or partial estimate shallin no way affect the obligation of the Contractor to repair or renew at his own cost, any defective parts of the construction, or to replace any defective materials used in the construction and to be responsible for all damages due to such defects if such defects or damages are dis- covered on or before the final inspection and acceptance of the work. GC-12 Page 18 completing the work. The said amounts are fixed and agreed upon by and between Owner and Contractor because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages .the Owner in such event would sustain and said amounts are agreed to be the amounts of damages which the Owner would sustain and which shall be retained from the monies due, or that may become due, the Contractor under this contract; and if said monies be insufficient to cover the amount owing, then the CONTRACTOR or his surety shall pay any additional amounts due. 7.07 ABANDONMENT OF WORK OR DEFAULT OF CONTRACT. If the Contractor fails to begin or complete the work within the time specified; or fails to perform the work with sufficient workmen and equipment; or shall perform the work unsuitably; or shall neglect or refuse to remove materials or perform anew such work as may have been rejected as being defective or unsuitable; or shall discontinue the prosecution of the work without authority; or shall become insolvent or be declared bankrupt; or shall commit any act of insolvency or bankruptcy; or shall make an unauthorized assignment for the benefit of any creditor, or for any other cause whatsoever shall not carry on the work in an acceptable manner, the Engineer may give written notice to the Contractor and his Surety of such delay, neglect, or default, specifying same. If the Contractor within a period of ten (10) days after such notice shall not proceed to correct and remedy the conditions specified then the Owner shall give written notice of default to the Surety Company issuing the performance bond under paragraph 2 04 herein and said Surety Company shall then assume full responsibility for completion of the contract in an acceptable manner and in fulfillment of the Contract. 8.00 MEASUREMENT AND PAYMENT 8.01 MEASUREMENT OF QUANTITIES. All work completed under the contract will be measured by the Engineer. 8.02 SCOPE OF PAYMENT. The Contractor shall accept the compensation as provided in the Contract, in full payment for furnishing all materials, supphes, labor, tools, and equipment necessary to complete the work under the contract; for any loss or damage which may arise from the nature of the work, from the action of the elements, or from any unforeseen difficulties which may be encountered during the prosecution of the work, until the final acceptance by the Owner, except where such damage is clearly shown to be due to inadequate design and not to improper prosecution of the work; for all risks of every description connected with the prosecution of the work; for all expenses incurred in consequence of the suspension or discontinuance of the work as herein specified; for any infringement of patent, trademark, or copyright, and for completing the work according to the specifications and drawings. The payment of any current or partial estimate shallin no way affect the obligation of the Contractor to repair or renew at his own cost, any defective parts of the construction, or to replace any defective materials used in the construction and to be responsible for all damages due to such defects if such defects or damages are dis- covered on or before the final inspection and acceptance of the work. GC-12 Page 18 8.03 ADJUSTMENTS FOR CHANGES IN WORK. No change in the work shall be made without having prior written approval of the Owner Charges or credits for the work covered by the approved change shall be determined by one or a combination of the following methods: 1. Unit prices previously approved. (1) Increases and Decreases in Quantity of Work. The Engineer will have the right to increase or decrease the quantities of the work, as may be considered necessary or desirable. Such increases or decreases shall not be considered as a waiver of any condition of the contract, nor shall they invalidate any of the provisions thereof The Contractor shall perform the work as increased or decreased. Payment to the Contractor for contract items will be made for the actual quantities of work done or material furnished at the unit prices set forth in the contract, except as provided for changes in the character of the work and except as provided for overruns and under runs of major items. A major item is defined as any individual bid item included in the proposal that has a total cost equal to or greater than 5 percent of the original contract or $100,000.00, whichever is less. When the quantity of work to be done or the quantity of material to be furnished under any major item of the contract is more than 125 percent of the quantity stated in the proposal, then either party to the contract, upon demand, shall be entitled to revised consideration on that portion of work above 125 percent of the quantity stated in the proposal. When the final quantity of work done under any major item of the contract is less than 80 percent of the quantity stated in the proposal, the adjusted unit price to apply to the final quantity of work performed under the item will be determined by multiplying the unit bid price by the factor obtained from Table I. In no instance shall the product of the adjusted price and the final quantity of work exceed the product of the original contract unit price and 80 percent of the original contract quantity, and in no instance will the unit price be adjusted to more than 125 percent of the ongmal contract unit price. GC-13 Page 19 TABLE I %DECREASE FACTOR %DECREASE FACTOR 20-24 1.01 60 1.13 25-28 1.02 61 1.14 29-32 1.03 62 1.15 33-35 1.04 63 1.16 36-38 1.05 64 1.17 39-41 1.06 65 1.18 42-44 1.07 66 1.19 45-47 1.08 67 1.20 48-50 1.09 68 1.21 51-53 1.10 69 1.22 54-56 1.11 70 1.23 57-59 1.12 71 1.24 72 and over 1.25 2. Force Account - If the change is ordered to be performed on a Force Accountbasis, payment will be made as follows: (1) The actual cost of: a. Labor, including foremen b. Materials entering permanently into the work. c. The ownership or rental cost of equipment during the time of use on the extra work. d. Power and consumable supplies for the operation of power equipment e. Insurance and Social Security and old age and unemployment contributions. (2) To the cost under (1) above there will be added a sum equal to, fifteen percent (15%) of the actual cost of the work. The fee shall be Compensation to cover the cost of supervision, overhead, the use of small tool, bond, GC-14 Page 20 profit and any other general expenses. (3) In the event the change is done by subcontract, the fifteen percent (15%) established in paragraph (2) shall be divided between the Contractor and Subcontractor or Subcontractors with five percent (5%) being apportioned to the Contractor and ten percent (10%) being apportioned to the Subcontractor unless some other division of the fifteen percent (15%) is stipulated in the Subcontract Agreement. 3. Supplemental Agreement. If a supplemental agreement is entered into it shall in general be based on agreed estimated cost for the items hsted in paragraph (1) and (2) above. 4. An agreed Price. This method will be used only at the option of the Owner. 8 04 PARTIAL PAYMENT. The Engineer once each month will make an approximate estimate in writing of the materials in place and the amount of work performed and the value thereof. From the total amount so ascertained will be deducted ten percent (10%) to be retained until after the completion and acceptance of the entire work. In addition to be above upon presentation of copies of invoices, an estimateshall be made for payment of ninety percent (90%) of the value of acceptable, nonperishable matenals which are to be incorporated in the work and which have been delivered at the site of the work and have not yet been incorporated in the work. 8.05 PAYMENT WITHHELD In addition to express provisions elsewhere contained in the contract, the Owner may withhold from any payment otherwise due the Contractor such amount as determined necessary to protect the Owner's interest, or, if it so elects, may withhold or retain all or a portion of any progress payment or refund payment on account of: (a) unsatisfactory progress of the work not caused by conditions beyond the Contractor's control; (b) defective work not corrected; (c) Contractor's failure to carry out instructions or orders of the Owner or his representative; (d) a reasonable doubt that the contract can be completed for the balance then unpaid; (e) work or execution thereof not in accordance with the contract documents; (f) claim filed by or against the Contractor or reasonable evidence indicating probable filing of claims, GC-15 Page 21 (g) failure of the Contractor to make payments to subcontractor or for material or labor; (h) damage to another contractor; (i) unsafe working conditions allowed to persist by the Contractor; failure of the Contractor to provide work schedules as required by the Owner; (k) use of subcontractors without the Engineer's approval; or (1) failure of the Contractor to keep current As Built record drawings at the job site, or to turn same over in completed form to the Owner. When the above grounds are removed, payment shall be made for amounts withheld because of them, and Owner shall never be liable for interest on any delayed or late payment. 8.06 ACCEPTANCE AND FINAL PAYMENT. When the work provided. for in the contract shall have been completed by the Contractor, and all parts of the work have been approved and accepted by the Engineer, a final estimate showing the amount of the work and the amount due the Contractor under the contract will be prepared by the Engineer. The amount of the final estimate, less any sums previously paid under the contract will be paid to the Contractor. 9.00 GUARANTEE 9.01 GUARANTEE. The Contractor, before final payment is made, shall furnish to the Owner a One (1) Year Maintenance Bond in the amount of one hundred percent (100%) of the construction cost to insure that the work performed under the Contract is free from faulty materials and workmanship and will remain free from faulty materials and workmanship for a period of one year from the date of acceptance by the Owner. Neither the final payment on the Contract by the Owner nor any provision in the Contract or Specifications shall relieve the Contractor of responsibility for faulty materials or workmanship and, unless otherwise specified, he shall remedy any defects due thereto and pay for any damage to other work resulting there from, which shall appear within a period of one year from date of acceptance of the work If the Contractor fails to correct defects covered in the Contract and guarantee within thirty (30) days from receiving written notice of such defects, the Owner shall give written notice to the Surety Company issuing the Maintenance Bond and said Surety Company shall then assume full responsibility for correction of the defects in an acceptable manner and in fulfillment of the guaranteed portion of the Contract. GC-16 Page 22 TABLE OF CONTENTS FOR SPECIAL CONDITIONS 1. DEFINITION OF TERMS 1.01 ENGINEER 1.02 SUBCONTRACTOR 2. AWARD AND EXECUTION OF CONTRACT 2.04 EXECUTION OF CONTRACT, (ETC) SC-1 4. CONTROL OF THE WORK SC-1 SC-1 4.01 AUTHORITY OF THE ENGINEER SC-1 4.04 COOPERATION OF CONTRACTOR SC-1 4.05 CONSTRUCTION CONTROL SC-1 6. LEGAL RELATIONS AND RESPONSIBILITIES 6.01 LAWS TO BE OBSERVED ADD REPRODUCED 'TEXT OF PREAMBLE AND 28 TAC §110.110 SC-1-13 7. PROSECUTION AND PROGRESS 7.01 SUBLE'TT ING OR ASSIGNING OF CONTRACT 7.05 CONTRACT TIME. 7.06 LIQUIDATED DAMAGES SC-13 SC-13 SC-13 8. MEASUREMENT AND PAYMENT 8.01 MEASUREMENT OF QUANTITIES 8.02 ADJUSTMENT FOR CHANGES OF WORK 8.03 PARTIAL PAYMENT. SC-13 T-1 Page 23 SPECIAL CONDITIONS 1.00 DEFINITION OF TERMS. 1.01 ENGINEER The City Engineer of the City of Pearland, Texas, or his authorized representatives. 1.02 SUBCONTRACTOR. The individual, firm, or corporation, having a direct contract with the Contractor, acceptable to the OWNER, for the performance of a part of the work at the site of the work. 2.00 AWARDS AND EXECUTION OF CONTRACT 2.04 EXECUTION OF CONTRACT PERFORMANCE AND PAYMENT/MAINTENANCE OF BOND. The contract and all change orders thereto shall be executed by the City Manager, acting on the authority of the City Council of the City of Pearland. 4.00 CONTROL OF THE WORK. 4.01 AUTHORITY OF THE ENGINEER The work will be done under the inspection of the Engineer to his satisfaction, and in accordance with the proposal, contract, specifications and drawings. He will decide all questions which may arise as to the quality of acceptability of materials furnished and work performed, the manner of performance and rate of progress of the work, the interpretations of the specifications and drawings, and the acceptable fulfillment of the Contract on the part of the Contractor. Where the phrase "as directed by the Engineer", "ordered by the Engineer", or "to the satisfaction of the Engineer' occurs it is to be understood that the directions, orders, or instructions to which they relate are within the limitations of the Contract documents In no case shall the term "inspection" imply or mean "supervision." 4.04 COOPERATION OF CONTRACTOR Five sets of specifications will be furnished to the Contractor. 4.05 CONSTRUCTION CONTROL. Horizontal and vertical control is based on a coordinate traverse and benchmark provided by Owner. 6.00 LAWS TO BE OBSERVED 6.01 PREAMBLE TO RULE 110.110. The Texas Workers' Compensation Commission adopts new § 110.110, concerning requirements for governmental entities awarding a contract for a building or construction project, and for persons providing services on a building or construction project for a governmental entity. The new rule is adopted with changes to the proposed text published in the April 26,1994 issue of the Texas Register (19 TexReg 3131). Subsections (a)(7) SC-1 Page 24 and (c)(7) were amended by adding language to further clarify who is covered by the rule. Subsections (c)(7)(J) and (e)(3) were added to clarify that a contractor or subcontractor is representing to the governmental entity that workers' compensation coverage is provided. Subsections (d)(8)(C) and (e)(8)(C) were added to require specific language regarding representations of coverage to be added to contracts to provide services on the project. Subsections (c)(7)(F), and (c)(7)(I)(5), (d)(5), (d)(8)(F), (e)(6) and (e)(8)(F) were amended to reduce the retention period for contractors and other persons providing services on the project from three years to one year. Subsection (g) was changed to state that this rule applies to contract advertised for bid after September 1, 1994, rather than awarded after September 1, 1994. The Texas Labor Code, §406.096, requires workers' compensation insurance coverage for all persons providing services on a building or construction project for a governmental entity. The commission is aware that this statutory requirement is not being met, and this rule is designed to achieve compliance and to implement a record keeping process which will enable oversight of compliance. The rule does this by placing requirements on the governmental entity and on contractors and other persons providing services on a project. These requirements include coverage, certificates of coverage, posted notices of coverage, and notification of changes in coverage status. The rule does not create any duty or burden on anyone which the law does not establish. The rule defines terms which apply to governmental entity building or construction projects and sets up a clear procedure for governmental entities and contractors that bid for building and construction projects to follow in complying with the requirements of the Texas Labor Code, §406.096. It also defines statute and the rule. It specifically excludes persons such as food/beverage vendors whose deliveries and labor are not permanently incorporated into the project. The rule puts persons on notice that providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other persons providing services on the project to administrative penalties, civil penalties, or other civil actions. The rule requires a governmental entity to timely obtain certificates of coverage, retain them for the duration of the project plus three years, and provide them to. the commission upon request and to others entitled to them by law. It also requires the governmental entity, as a prerequisite to awarding a contract, and as part of the contract, to require that the contractor: provide coverage and certificates of coverage for the contractor's employees; timely obtain and provide the governmental entity all required certificates of coverage for all persons providing services on the project; retain certificates of coverage. on file for the duration of the project and for one year thereafter; notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; post notices on each project site; and contractually require persons with whom it contracts to do the same, with the certificates of coverage to be provided to the person for whom they are providing services. The rule also sets SC-2 Page 25 out the language to be included in bid specifications and in contracts awarded by a governmental entity and the information required to be in the posted notice to employees. It further establishes a method for obtaining the certificates from persons providing services on the project and providing them to the governmental entity. It requires a contractor awarded a building or construction contract to: provide workers' compensation coverage to the contractor's employees for the duration of the project; file a certificate of coverage of the contractor's employees with the governmental entity prior to being awarded a contract; obtain and provide to the governmental entity, certificates of coverage from each other person with whom it has contracted to provide services on the project, prior to that person beginning work on the project; obtain and provide new certificates of coverage shown on the current certificate ends during the duration of the project; retain all certificates of coverage for the duration of the project and for one year thereafter notify the governmental entity of material changes in coverage; contractually require each other person with whom it contracts to provide a certificate of coverage; and post notices on each project site. All other persons providing services on a project have the same requirements as a contractor, with the exception of posting notices and with the exception that the certificate of coverage is given to the person for whom they contracted to provide services on the project The rule uses the term 'persons providing services on the project" in lieu of the statutory term "subcontractor" because the term "subcontractor" as used in the statue 0406.096) and in this rule is broader than standard industry usage. The use of the different terminology will prevent confusion. The rule does not create any duty or burden on anyone which the law does not establish. The new rule is adopted under the Texas Labor Code, §402.061, which authorizes the commission to adopt rules necessary to administer the Act, and Texas Labor Code, §406.096, which establishes requirements for governmental entities, contractors and subcontractors ('persons providing services on the project") regarding workers' compensation coverage for workers on public building or construction projects. Rule 110.110 - Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage ("certificate")- A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees SC-2 Page 26 (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction - Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor - A person bidding for or awarded a building or construction project by a governmental entity. (4) Coverage - Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). (5) Coverage agreement - A written agreement on form TWCC-81, form TWCC-82, form TWCC-83, or form TWCC-84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Workers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G as one of employer/employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project - Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096 of the Act) - Includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. "Services" includes but is not limited to providing, hauling, or delivering equipment or matenals, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project - Includes the provision of all services related to a building or construction contract for a governmental entity. (7) (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services SC-3 Page 27 on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage. may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (c) A governmental entity that enters into a building or construction contract on a project shall: (1) include in the bid specifications, all the provisions of subsection (d) of this rule, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this rule; (3) obtain from the contractor a certificate of coverage for each person providing services of the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (5) (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends dunng the duration of the project; retain certificates of coverage on file for the duration of the project and for three years thereafter; (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the following language for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific SC-4 Page 28 document in which they are contained or to impose stricter standards of documentation in Figure 1: (Figure 1) Article . Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certificate")- A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or. entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limmtation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the SC-5 Page 29 coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a personmay verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing. services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project SC-6 Page 30 (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail. or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commissions' Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the SC-7 Page 31 contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project;, and (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends dunng the duration of the project, (5) retain all required certificates of coverageon file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at (7) SC-8 Page 32 least 19 point normal type, and shall be in both English and Spanish and any other language common to the .worker population. The text for the notices shall be the •following text in Figure 2 provided by the commission on the sample notice, without any additional words or changes: (Figure 2) REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing hauling or delivering equipment or material, or providing labor or transportation or their service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Comrnission at 512-440-3789 to receive information on the legal requirements for coverage, to verify whetheryour employerhas provided the required coverage, or to report an employer's failure to provide coverage." (8) contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this rule; (D) provide the contractor pnor to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project, and SC-9 Page 33 (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in 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 provisions of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A)-(H), with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; (3) have the following language in its contract to provide services on the project: "By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage agreements will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subjectthe contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project prior to the end of the coverage period shown on its current certificate of coverage a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; SC-10 Page 34 (5) obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project; and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within 10 days after the person knew or should have known of the change, and (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project (B) provide a certificate of coverage to it prior to that other person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this rule; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and SC-12 Page 35 (f) (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts, to perform as required by paragraphs (A)-(H), with the certificate of coverage to be provided to the person for whom they are providing services. If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. (g) This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. Effective Date: September 1, 1994 7.00 PROSECUTION AND PROGRESS 7.05 CONTRACT TIME. Time allotted for this project is 30 calendar days. Contract time allotted for completion of project shall begin 10 days after "Notice to Proceed" is delivered to CONTRACTOR. All time worked on holidays and other than 7:30 AM - 6:30 PM Monday through Saturday will be overtime hours. Contractor shall pay all inspection costs for overtime work by City personnel created by Contractor's choice to work other than normal hours. No work will be allowed on Sundays. This contract time, as defined in this proposal and other sections of the Contract documents, includes a certam number of rain/mud days. Based on the Alvin Weather Center records, the average annual rain days from June 1898 to December 1996 is 80 days calculated from all precipitation days of record, including trace amount days. Contractor is required to keep a record of rain/mud days at the site. Record of rain/mud days must be accepted and signed off by the City Inspector monthly, and it shall be reported on the monthly pay estimate submittals. At the end of the Contract, Contractor will be credited only the number of accepted rain/mud days that exceed 40 rain/mud days (50% of record 80 days) per year, or any proportionate fraction thereof. SC-13 Page 36 CONTRACTOR shall be allowed extension time for each day the CONTRACTOR is unable to perform piincipal units of work for a period of not less than seven (7) hours between 7:00 a.m. and 7 00 p.m. due to rain or other weather related work stoppages. The CONTRACTOR shall notify the OWNER in writing within ten (10) days of each such occurrence. Failure to make such written notification within such time shall constitute an irrevocable waiver of such extension by the CONTRACTOR. The ENGINEER shall determine whether an extension -of time is justified, which determination shall be final. 7.06 LIQUIDATED DAMAGES. Time is of the essence of the contract, it being important that this public improvement be quickly completed. The CONTRACTOR and OWNER understand and agree that a breach of this contract as to completion on time will cause damage to the OWNER, but further agree that such damages cannot be accurately measured or that the ascertainment will be difficult Therefore, the parties agree that for each and every calendar day the work or any portion thereof shall remain uncompleted after the expiration of the time limit set in the contract or as extended by the City Council, that does not directly result from the inability of the CONTRACTOR alone to perform, the CONTRACTOR shall pay, as liquidated damage -amount of $500.00 per day. The OWNER shall have the right to deduct and withhold the amount of any and all such damages from any monies owing by it to said CONTRACTOR of the OWNER may recover such amount from the CONTRACTOR and the sureties on his bond; all of such remedies shall be cumulative and the OWNER shall not be required to elect any one nor be deemed to have made an election by proceeding to enforce any one remedy. 8.00 MEASUREMENT AND PAYMENT 8.01 MEASUREMENT OF QUANTITIES. All work completed under this contract will be measured by the Engineer. 8.04 PARTIAL PAYMENT. Retainage shall be five percent (10%) of amount due until after substantial completion of the work The retainage shall be reduced to two and a half percent (2.5%) at substantial completion and will remain until after the completion and acceptance of the entire work. SC-14 Page 37 • SECTION J - TECHNICAL SPECIFICATIONS ITEM 1 EARTHWORK. ITEM 1 EARTHWORK GENERAL This section covers all required hauling and placing excavated material and related work. The area that requires excavation is shown in the attached drawing. The boundaries of the property shall be verified before excavation. Any excess unusable excavated materials shall be hauled off -site to an approved site. EQUIPMENT The Contractor may use equipment necessary to properly complete the hauling of excavated soil to a site or sites approved by the City Engineer. DESCRIPTION OF THE WORK One-way haul distance is approximately 2.2 miles. The approved haul route is Hughes Ranch Road (a.k.a. CR 403) to Cullen Boulevard to Broadway Street to Sunrise Lakes construction entrance. Contractor's responsibility under this contract is to haul and place dirt loaded by Brazoria Drainage District Four (BDD4) crew and equipment BDD4 anticipates working six (6) days per week at ten (10) hours per day Contractor shall coordinate his schedule and hauling activities with Mike Yost, of BDD4. Placement at the disposal site shall be at locations specified by a representative from Brown & Gay Engineering or other assign. Contractor shall keep all public roads and streets free of dirt, mud, and debris at all times. PROTECTION OF EXISTING STRUCTURES The contractor must protect all existing site and structures from damage affected by this hauling operation. FINISH All dirt shall be placed with no compaction or spreading requirements at the disposal site at locations specified by the engineer. 1 PERMITS All excavated material placed on land outside the Project Area and within the City Limits of Pearland require a no -cost Development Permit from the City Floodplain Administrator. MEASUREMENT AND PAYMENT All hauled and placed material shall be paid per cubic yard measured by average end area of site to be excavated, and shall include all equipment, materials, supervision, labor, and all other incidentals required to complete this work in a satisfactory manner. Existing ground elevations on the drawings are from aerial mapping, but will be surveyed on the ground for purposes of measuring excavated quantities. END OF SECTION SECTION K - LOCATION DRAWING CRYSTAL LAKE DEPOSIT EXCAVATED MATERIAL HERE TRUCK ROUT 12 011.11 _. • *•,n t r Fitly ran �' .f ._ - tliali BROADWAY (FM 518) t 27A 27 43 4 OUSTON MEMORIAL ARDENS CEMETER) City of Pearland) Texas B2003 - 047 Hickory Slough Detention Site Dirt Hauling 5 46 1 1' • • r CRYSTAL LACE 12 DEPOSIT EXCAVATED MATERIAL HERE TRUCK ROUT _-- -- •.. •-.I. • - ........... . -. -- -- :::..:.... ...... .�.'.�...- ^^� . 71:07. -r ` ..�•........ . Ow .• -- r•..r.r.. -..• - . .--...-. r• .J-..r.r.• BROADWAY (FM 518) 27A 27 5 46 I I-ll� I I IIII '. HOUSTON MEMORIAL GARDENS CEMETER City of Pearland, Texas B2003 - 047 We:February 2003 Dan By: F. Sanchez seezn HDRZI1"a 600 vER1'1'° 600 SHEET