No preview available
HomeMy WebLinkAboutR2009-033 - 2009-02-23RESOLUTION NO. R2009-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR UTILITY REMOVAL SERVICES ASSOCIATED WITH THE DIXIE FARM ROAD PROJECT (PHASE 2). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City opened bids for utility removal services associated with the Dixie Farm Road Project (Phase 2), and such bids have been reviewed and tabulated. Section 2. That the City Council hereby awards the bid to Calco Contracting, in the amount of $192,530.00. Section 3. The City Manager or his designee is hereby authorized to execute a contract for utility removal services associated with the Dixie Farm Road Project. PASSED, APPROVED and ADOPTED this the 23`d day of February, A.D., 2009. TOM REID MAYOR ATTEST: °Q~P~Rl.ati;~.,, o~.. ~; UNG G R '~"~ ~~ `v ~.. : ~ Y S RETARY ,.,... ''~4. .~ APPROVED AS TO FORM: <,~ Cd'~, DARRIN M. COKER CITY ATTORNEY Freese mid • 1 1.ho Is, Inc. Engineers Environmental Scientists Architects 2010 East Broadway Pearland,TX 77581-5502 281/485-2404 281/485-4322 fax www.freese.com February 16, 2009 FNI 08-437 Ms. Andrea Brinkley Project Manager City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Re: Dixie Farm Road Removal & Filling of Abandoned 16"Water Line Project Number—TR0805 Bid No. 0109-17 Dear Andrea: On February 12, 2009, four(4) bids were opened for the referenced project. Bids were checked and tabulated. The low bidder is Calco Contracting, Ltd. with a bid of$192,530.00. Enclosed are three(3)copies of bid tabulation sheets. Calco Contracting, Ltd. is a reputable contractor with extensive experience in underground utility, i.e. water and storm and sanitary sewer,projects. A list of their current and past projects is attached. We conducted a reference check on the company and received very positive responses. A summary of reference checks is also attached. We recommend award of this contract to Calco Contracting, Ltd., 8000 Berwyn Drive, Houston, Texas 77037, (281)448-2620. We are looking forward to the successful implementation of this project. Please call me if I can be of further service to you. Sincerely, Mehran(Ron) Bavarian, P.E. Associate Office Manager Attachments PRL08437:T:\PRL08437\Award Recommendation.doc Freese&Nichols, Inc. irm 2010 East Broadway Pearland.TX 77581 Freese and Nichols BID TABULATION Client: City of Pearland Calco Contracting,Ltd. Harris Construction Company,Ltd. Project: Removal&Filling of Abandoned 16"Water Line 8000 Berwyn Drive 6602 Guhn Road Bid Date: 2/12/2009 Houston,TX 77037 Houston,TX 77040 Project No.: PRL 08-437 281-448-2620 713-690-0791 # Description Qty. Unit Unit Cost Total Cost Unit Cost Total Cost SECTION"A"—WATER LINE REMOVAL&FILL 1 Mobilization 1 LS $17,000.00 $17,000.00 $10,000.00 $10,000.00 2 Cut, Fill,Cap and Abandon Exist. 16"AC Water Line,as per specifications and Environmental Work Plan 9,000 LF $12.00 $108,000.00 $11.18 $100,620.00 3 Cut,Remove and Dispose of Exist. 16"AC Water Line,as per specifications and Environmental Work Plan 905 LF $41.00 $37,105.00 $105.22 $95,224.10 4 Filter Fabric-Install&Remove,as Authorized by the Engineer 500 LF $1.00 $500.00 $1.35 $675.00 5 Hydro-mulch Seeding 1 AC $1,200.00 $1,200.00 $1,500.00 $1,500.00 6 Well Pointing,as Authorized by the Engineer 300* LF $25.00 $7,500.00 $25.00 $7,500.00 7 Trench Safety System 905 LF $5.00 $4,525.00 $1.18 $1,067.90 8 Site Preparation for Removal&Filling,As Necessary 1 AC $500.00 $500.00 $3,176.47 $3,176.47 9 Traffic Control 1 LS $1,200.00 $1,200.00 $5,294.12 $5,294.12 •Well pointing unit price shall not be less than$25/LF TOTAL AMOUNT-SECTION"A" $177,530.00 $225,057.59 SECTION"B"—EXTRA WORK 1 Extra Labor(Unskilled) — Man. Hr. $15.00 — $30.00 — 2 Extra Labor(Skilled) — Man. Hr. $20.00 — 3 Extra Machine Excavation — CY — $$3.00 — $12.00 $3.00 — 4 Extra Concrete,3.000 psi with form work -- CY $250.00 — 5 Extra Cement Stabilized Sand — Ton $$25.00 — $30.00 — $25.00 - 6 Extra Ductile Iron Fittings,all Classes and Sizes,in place -- Ton $12.00 — $2,500.00 — 7 Extra Fill,compacted — CY $11.00 — $15.00 _ 8 Extra Cut, Remove and Dispose of Exist. 16"AC Water Line,as per specifications and Environmental Work Plan — LF _ $41.00" — $105.22* — Unit Price shall be equal to item 3 of Section"A" TOTAL AMOUNT-SECTION"B" $15,000.00 I $15,000.00 TOTAL AMOUNT BID $192,530.00 $240,057.59 T:\PRL08437\BIDTAB 1 of 3 FREESE AND NICHOLS,INC. WI Ill &Nichols, Inc. , 2010 East Broadway Pearland,TX 77581 Freese and Nichols BID TABULATION Client City of Pearland C.E.Barker,Ltd. AMX Environmental,Ltd. Project: Removal&Filling of Abandoned 16"Water Line P.O.Box 1596 8701 Gulf Freeway Bid Date: 2/12/2009 Montgomery,TX 77356 Houston,TX 77017 Project No.: PRL 08-437 281-252-3677 713-378-9911 # J Description Qty. [ Unit Unit Cost Total Cost Unit Cost Total Cost SECTION"A"—WATER LINE REMOVAL&FILL 1 Mobilization 1 LS $14,950.00 $14,950.00 $2,815.50 $2,815.50 2 Cut, Fill,Cap and Abandon Exist. 16"AC Water Line,as per specifications and Environmental Work Plan 9,000 LF $23.61 $212,490.00 $14.42 $129,780.00 3 Cut,Remove and Dispose of Exist. 16"AC Water Line,as per specifications and Environmental Work Plan 905 LF $101.46 $91,821.30 $49.73 $45,005.65 4 Filter Fabric-Install&Remove,as Authorized by the Engineer 500 LF $1.55 $775.00 $1.17 $585.00 5 Hydro-mulch Seeding 1 AC $2,175.80 $2,175.80 $15,637.96 $15,637.96 6 Well Pointing,as Authorized by the Engineer 300" LF $25.00 $7,500.00 $56.25 $16,875.00 7 Trench Safety System 905 LF $0.12 $108.60 $13.50 $12,217.50 8 Site Preparation for Removal&Filling,As Necessary 1 AC $2,875.00 $2,875.00 $149,445.00 $149,445.00 9 Traffic Control 1 LS $8,625.00 $8,625.00 $1,687.50 $1,687.50 Well pointing unit price shall not be less than$25/LF TOTAL AMOUNT-SECTION"A" $341,320.70 $374,049.11 SECTION"B"—EXTRA WORK 1 Extra Labor(Unskilled) — Man. Hr. $30.00 — $21.95 2 Extra Labor(Skilled) — Man. Hr. $45.00 — $29.71 -- 3 Extra Machine Excavation — CY $15.00 — $26.46 -- 4 Extra Concrete,3,000 psi with form work — CY $300.00 — $337.50 -- 5 Extra Cement Stabilized Sand — Ton $40.00 — $42.75 — 6 Extra Ductile Iron Fittings,all Classes and Sizes, in place — Ton $3,500.00 — $550.13 — 7 Extra Fill,compacted — CY $15.00 — $27.90 — 8 Extra Cut, Remove and Dispose of Exist. 16"AC Water Line,as per specifications and Environmental Work Plan — LF $101.46* — $49.73* — 'Unit Price shall be equal to item 3 of Section"A" TOTAL AMOUNT-SECTION"B" $15,000.00 $15,000.00 TOTAL AMOUNT BID $356,320.70 $389,049.11 T:\PRL08437\BIDTAB 2 of 3 FREESE AND NICHOLS,INC. Freese&Nichols, Inc. rill 2010 East Broadway Pearland,TX 77581 Freese and Nichols BID TABULATION Client: City of Pearland Engineer's Average Project: Removal&Filling of Abandoned 16"Water Line Estimate Bid Bid Date: 2/12/2009 Project No.: PRL 08-437 # Description Qty. Unit Unit Cost Total Cost Unit Cost Total Cost SECTION"A"—WATER LINE REMOVAL&FILL 1 Mobilization 1 LS $5,000.00 $5,000.00 $11,191.38 $11,191.38 2 Cut, Fill,Cap and Abandon Exist. 16"AC Water Line,as per specifications and Environmental Work Plan 9,000 LF $10.00 $90,000.00 $15.30 $137,722.50 3 Cut, Remove and Dispose of Exist. 16"AC Water Line.as per specifications and Environmental Work Plan 905 LF $30.00 $27,150.00 $74.35 $67,289.01 4 Filter Fabric-Install&Remove,as Authorized by the Engineer 500 LF $4.00 $2,000.00 $1.27 $633.75 5 Hydro-mulch Seeding 1 AC $2,000.00 $2,000.00 $5,128.44 $5,128.44 6 Well Pointing,as Authorized by the Engineer 300* LF $25.00 $7,500.00 $32.81 $9,843.75 7 Trench Safety System 905 LF $2.00, $1,810.00 $4.95 $4,479.75 8 Site Preparation for Removal&Filling,As Necessary 1 AC $2,000.00 $2,000.00 $38,999.12 $38,999.12 9 Traffic Control 1 LS $4,000.00 $4,000.00 $4,201.66 $4,201.66 *Well pointing unit price shall not be less than$251LF TOTAL AMOUNT-SECTION"A" $141,460.00 j $279,489.35 SECTION"B"—EXTRA WORK 1 Extra Labor(Unskilled) — Man. Hr. — $24.24 -- 2 Extra Labor(Skilled) — Man. Hr. — $36.18 — 3 Extra Machine Excavation — CY — $14.12 — 4 Extra Concrete,3,000 psi with form work — CY -- $284.38 — 5 Extra Cement Stabilized Sand — Ton — $34.44 — 6 Extra Ductile Iron Fittings,all Classes and Sizes, in place _ — Ton — $1,640.53 — 7 Extra Fill,compacted — CY — $17.23 — 8 Extra Cut, Remove and Dispose of Exist. 16"AC Water Line,as per specifications and Environmental Work Plan — LF — $74.35 — *Unit Price shall be equal to item 3 of Section"A" TOTAL AMOUNT-SECTION"B" $15,000.00 $15,000.00 TOTAL AMOUNT BID $156,460.00 $294,489.35 Ae• MEHRAN AVARIAN j i� FSSCiSTE.A.C\=2-/6-0? T:1PRL08437\BIDTAB 3 of 3 1,-•'viA _ FREESE AND NICHOLS,INC. Contractor Reference Check On February 13,2009, I spoke with the following people: Mr. Julian Garza(713-784-4500)of Edminster,Hinshaw, Rush and Associates, Inc. Julian had no problems with Calco Contracting, Ltd. and said Calco did a good job on his project. They didn't have many change orders and the projected was completed on schedule. Julian was the PM for the project and referred me to Kirk Williamson, who managed the construction phase, for more information. A voicemail was left for Mr. Williamson. Mr. Eddie Kirst(832-242-7200)of Kirst Kosmoski, Inc. Eddie said Calco did very good work on his project,which involved a residential subdivision. Calco worked extremely well with the neighbors and bent over backwards to keep them informed. This project was for the City of Pearland. Mr. Paul Wallick(713-462-3178)of Pate Engineers, Inc. According to Paul,Calco did a very, very good job on his project. He said Calco is very trustworthy and honest. Paul has used Calco on other projects and known them over the years. He has a lot of confidence in them. Paul would not hesitate to use Calco for future projects. Paul's comments were taken from his voicemail message. Ms. Ruthie Sager(713-467-9762)of the City of Bunker Hill Village. Ruthie would use Calco in a heartbeat. She had nothing but good things to say about them. Calco worked well with their residents and their schedule,correspondence, and responsiveness were all excellent. She indicated that the City Council gets disappointed when Calco doesn't win a bid. A personal letter of recommendation from the City of Bunker Hill Village was included with Calco's statement of qualification. Ruthie is the City Administrator for the City of Bunker Hill Village. I left voicemail messages for two other references, but didn't receive return phone calls. The references were Century Engineering(713-780-8871)for a GSL Investments and City of Houston project and Claunch&Miller(713-622-9264) for another City of Houston project. p. Nikolas(Nick)Kotsatos, P.E. Project Engineer ~~ ) Associated with R2009-33 Project Manual for: TR0805 Dixie Farm Road ,, Removal & Filling of Abandoned 16" Water Line COP Project No.: TR0805 Bid No.: 0109-17 January, 2009 Prepared By: ~r'~ ~1 Freese and Nichols, Inc. 2010 Broadway Pearland, Texas 77581 (281) 485-2404 FNI 08-437 Project Manual for: Dixie Farm Road Removal & Filling of Abandoned 16" Water Line COP Project No. : TR0805 Bid No. : 0109- 17 January, 2009 S�P��°OF T F 1 it ° 08' .. ' q*�0 Prepared By: * •°°°°°°°°°°°°°°°°°°°°°°°o°°° MEHRAN BAVARIAN Freese and Nichols, Inc. I.op°,p 4 11 00 4:t;ff 2010 Broadway lees. °°°°°°°mxc,:� Pearland, Texas 77581 le A (281) 485-240.4 FM-08-43.7 Freese and Nichols DIXIE FARM ROAD REMOVAL&FILLING OF ABANDONED 16"WATER LINE City of Pearland,Texas COP PROJECT NO: TR0805 BID NO.: 0109-17 ADDENDUM NO.1 February 9,2009 BID DATE: Thursday, February 12,2009,2:00 p.m. The changes, corrections, additions, and clarifications contained herein are to be incorporated in the plans and specifications and shall take precedence over them in so far as they apply. At the time of issuance, this addendum becomes part of the plans and specifications, and each contractor/vendor in formulating his bid shall take into account the following items: GENERAL REQUIREMENTS: A. No field office will be required on this Project. B. Contractor to submit traffic control plan for possible one-lane closure using the standard TxDOT one-lane closure plan. This will be used if one-lane closure is warranted. Contractor shall use certified flagman since this is a 2-lane roadway. C. Working hours shall be 7:30 a.m. to 4:30 P.M. D. An offset baseline with 100-foot stations will be set by a surveyor at no cost to the contractor. Contractor is responsible to layout the Project based on this baseline. E. Section 00300, Bid Proposal, page 2/2 — Correct"ninety (90)" to Substantial Completion to read (Inb) "forty-five (45)". The Final Completion time remains at Sixty(60) days from the date of Notice to Proceed. END OF ADDENDUM NO.1 EOFkTF-f%1I ammmmmamm®® ' ►I 62®m � ®m©s ll ;7 a % *° 00000003000000000000000000 MEHRAN BAVARIAN e,ozom0000mm000m00000moom0000m/ #� 4 11omo��� • Addendum No. 1 - 1/1 CITY OF PEARLAND BRAZORIA COUNTY,TEXAS TABLE OF CONTENTS NO. OF SECTION TITLE PAGES. DIVISION 0-BIDDING AND CONTRACT DOCUMENTS 00100 Invitation to Bid 2 00200 Instructions to Bidders 7 00300 Bid Proposal 2 00500 . Standard Form of Agreement 7 00610 Performance Bond 2 00611 Payment Bond 2 00612 One-Year Maintenance Bond 2 00615 Partial Waiver of Lien 1 00700 General Conditions of Agreement 31 00800 Special Conditions of Agreement 1 00811 Wage Scale for Engineering Construction 2 DIVISION 1 GENERAL REQUIREMENTS 01100 Summary of Work 2 01140 Contractor's Use of Premises 4. 01200 Measurement and Payment Procedures 3 01290 Change Order Procedures 4 01310 Coordination and Meetings 3 01350 . Submittals 7 01420 Referenced Standards 5 01430 Contractor's Quality Control 2 01440 Observation Services 1 01450 Testing Laboratory Services 2 01500 Temporary Facilities and Controls 9 01505 Mobilization 1 01550 Stabilized.Construction Exit 4 01555 Traffic Control and Regulation: 4 01560 Filter Fabric Fence 3 01561 Reinforced Filter Fabric Barrier 3 01562 Waste Material Disposal 3 01564 Control of Ground Water and.Surface Water 8 01565 - TPDES Requirements 3 01566 Source Controls.for Erosion and Sedimentation 5 01570 Trench Safety System 4 01600 . Material and Equipment 3 01720 Field Surveying 2 01730 Cutting and Patching 3 01760 Project Record Documents 2 00010- 1 of 2 CITY OF PEARLAND TABLE OF CONTENTS 01770 ` Contract Closeout 2 DIVISION 2-SITE WORK 02200 Site Preparation 4 02252 Cement Stabilized Sand 3 02318 Excavation and Backfill for Utilities 12. 02921 Hydromulch Seeding DIVISION 3-CONCRETE 03554 Pressure Grouting 4 DIVISION 13—SPECIAL CONSTRUCTION 13100 General Information 3 13101 Description of Abatement Activities 3 Special Specification 5414 13102 Coordination and Scheduling 1 END OF SECTION • 00010-2of2 CITY OF PEARLAND INVITATION TO BID Section 00100 INVITATION TO BID CITY OF PEARLAND, TEXAS Sealed bids will be accepted, in duplicate, referencing the following project in the Finance Department, City of Pearland, Temporary City Hall located at 3523 Liberty. Drive, Pearland, Texas 77581 until 2:00 p.m., .Thursday, February 12, 2009, at which time they will be publicly opened and read aloud for the construction of Dixie Farm Road Removal & Filling of Abandoned 16" Water Line City of Pearland,Texas COP PN: TR0805 BID NO.: 0109-17 A.mandatory pre-bid conference will be held at the City of Pearland Public Works.Service Center, Training Room at 3501 E. Orange.Street, Pearland,Texas 77581 at:2:00 p.m. on February 5, 2009. The project will entail the cutting, plugging and filling of approximately 9,000 feet.of 16" water line and cutting, removing, and properly disposing of approximately 905 feet of 1.6 Asbestos Concrete (AC) water line, as shown in plans and called in the contract documents. All Asbestos ` Abatement.submittals, pre-construction and post-construction notifications, project coordination 1111'. and meetings is included in the cost of the project. Information and Bid Documents: Copies of Contract Documents and Technical Specifications and Plans are on file at the following locations for review: City of Pearland, City Hall (281) 652-1600 3519 Liberty Drive. Pearland,Texas 77581 Amtek Plan Room (713) 956-0100 4001 Sherwood Houston,TX 77092 The Associated General Contractors of America, Inc. (713) 334-7100 2400 Augusta, Suite 180 Houston,TX 77057. Associated Builders& Contractors of Greater Houston (713) 523-6222 3910 Kirby, Suite 131 Houston,TX 77098 Dodge Reports (713) 316-9411 Cilb\ 10606 Hempstead Rd, Suite 110 Houston, Texas 77092 06/2008 00100- 1 of 2 CITY OF PEARLAND INVITATION TO BID Bidders may obtain.a complete set of the Contract Documents,Technical Specifications and Plans from the office of the Engineer, Mehran (Ron) Bavarian, P.E.,:Freese and Nichols, Inc:;2010 East 7Broadway,Pearland, Texas 77581 upon request and payment of a plan fee in the amount of fifty dollars and no cents dollars;($50.00)per set. The plan fee will NOT be refunded: No bid may be withdrawn or.terminated for a period of.sixty (60) days subsequent to the bid opening date without the consent of.the City of Pearland. Unless otherwise expressly provided herein,all references to "day(s)" shall mean calendar day(s), Bid Security and Bonds:.Bid Security in the form of Cashier's Check, Certified Check, or Bid. Bond payable to the City of Pearland m the amount of 5% of the total base bid price must accompany..each proposal. The successful bidders must furnish Performance and Payment Bonds as required by Chapter 2253 of the Texas Government Code or other applicable law, as amended, upon the form included in the Contract Documents, in the amount of one hundred percent(100%) of the contract price, such bonds to be executed by a corporate surety duly authorized to do business in the State of Texas, and named in the current list of"Treasury Department Circular No. 570", naming the City of Pearland, Texas as Obligee. Additionally,the successful bidder shall be required to provide a one year Maintenance Bond for the improvements installed as part of this work,as provided in the Special.Conditions of Agreement Equal Opportunity::All responsible bidders will receive consideration for award of contract without regard to race, color,religion, sex,or national origin. (Apik, Selection Criteria: In determining to whom to award a contract, the City of Pearland may consider: 1) purchase price;2) reputation of the Bidder and Bidder's goods or services; 3) quality of Bidder's goods or services; 4) extent to which the goods or services meet the Owner's needs; 5) Bidder's past relationship with the Owner; 6) impact on the ability of Owner to comply with laws and rules relating to contracting'_ with historically underutilized businesses and nonprofit organizations employing persons with disabilities; 7) total long-term cost to Owner to acquire Bidder's goods or services; 8) the Qualifications of Bidders, including Financial Statements of Bidders, identified in.the Instructions to Bidders; and 9) any other relevant criteria specifically listed in the Bidding Documents.. The City of Pearland reserves the right to reject any or all bids. A bid that has been opened may not be:changed for the purpose-of correcting an error in the bid price. Young Lorfing, TRMS City Secretary, City of Pearland First Publication date January 28,2009 Second Publication date February 4, 2009 06/2008 00100-2 of 2 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS Section 00200 (1116 INSTRUCTIONS TO BIDDERS 1. Defined Terms The term "Bidder" means one who submits a Bid Proposal directly to Owner, as distinct from a sub-bidder, who submits a bid to a Bidder. :The term "Successful Bidder" means the lowest responsible"Bidder or the Bidder who provides goods or services at the best value for the Owner, to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Invitation to Bid, Instructions to Bidders, the Bid Proposal form, and the proposed Contract Documents (including all Addenda issued prior to receipts of bids). All other definitions set out in the Contract Documents are applicable to terms used in. the Bidding Documents. Unless otherwise expressly provided herein, all references to "day(s)"shall mean calendar day(s). 2. Copies of Bidding Documents. 2.1 Complete sets of Bidding.Documents in the number and for the deposit sum stated in the Invitation to Bid may be obtained from the Engineer. 2.2 Complete sets of Bidding Documents must be used in preparing Bid Proposals; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bid Proposals on the Work, and do not confer a license or grant for any other use. 3. Qualifications of Bidders 3.1' In determining to whom to award a contract,the City of Pearland may consider, in addition to the other selection criteria identified in section 15 of these Instructions to Bidders, the following Qualifications of Bidder, and each Bidder must be prepared to submit within two (2) days of Owner's request any or all of such Qualifications requested: 1) A brief narrative of previous experience of the Bidder with projects of a similar nature and.scope; 2) A list, including owner name and project location, of on-going projects and contracts for construction of projects of the Bidder which are not yet substantially complete; 3) A list of proposed subcontractors and suppliers for the project being bid; 4) A list of name, address and telephone number of references for projects completed by Bidder; and 5) A Financial.Statement of Bidder, consisting of the balance sheet and annual income statement of Bidder for the Bidder's last fiscal year end preceding 06/2008 00200-1 of 7 CITY OFPEARLAND INSTRUCTIONS TO BIDDERS the submission of the Bid Proposal, which has been audited or examined by (00`.., an independent certified public'accountant The "Financial Statement of Bidder shall be used to determine a Bidder's net working capital,ital, which is defined as current assets less current liabilities:. A Bidder's net working capital shall be considered evidence of the Bidder's ability to.provide sufficient financial_ management of the project being bid. The Bidder's Financial Statement shall be clearly and conspicuously 'marked as "confidential", and shall be deemed and treated as confidential and excepted from the Public Information disclosure requirements of Texas Government Code Section 552.001 et seq., as such information, if released, would give advantage to a competitor or bidder, and/or would. cause substantial competitive harm to Bidder. 4. Examination of Contract Documents and Site 4.1. It is the responsibility of each Bidder before submitting a Bid Proposal, to (a) examine the Bidding Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local laws and regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors, omissions or discrepancies in the Contract Documents. C\ 4.2 Any reports of explorations and tests of conditions at the site which have been utilized by the Engineer in preparation of the Contract.Documents will be made available to Bidders for review, CONTRACTOR may rely upon the general accuracy of the "technical data" contained in these reports but such reports are not part of the Contract Documents. Bidder may not and should not rely upon the accuracy of the data contained in such reports, interpretations or opinions contained therein, or the completeness thereof, for the purposes of bidding or construction: 4.3 Information and data reflected in the Contract Documents with respect to underground utilities, equipment or other underground facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such underground facilities or others, and Owner does not assume responsibility for the accuracy or completeness thereof 4.4 Before submitting a Bid Proposal, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests. and studies and obtain any additional information and data which pertain to the physical conditions. (surface, subsurface and underground facilities) at or contiguous to the " site or otherwise which may affect, cost, " progress, performance or furnishing of the Work and which Bidder deems necessary to determine its Bid Proposal prices for performing and furnishing the Work in accordance with the Contract Time, Contract Price and other. terms and conditions of the Contract Documents. 06/2008 00200-2 of 7 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS (avih.`, 4.5 On request in advance, Owner will provide each prospective Bidder access to the site to conduct such explorations and tests as each prospective Bidder P p P deems necessary for submission of'a Bid Proposal. Prospective Bidders shall. fill all holes, clean up and restore the site to its fonner condition upon completion of such explorations: 4.6.` The lands upon .which the Work is to ,be performed,.•rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. .Easements for permanent structures or. permanent changes in existing .structures`are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. 4.7 The submission of a Bid Proposal will constitute an .incontrovertible.. representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid Proposal is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey r''\, . understanding of all terms and conditions for performance and furnishing of the Work. 5. . Interpretations and Addenda 5.1 All questions about the meaning or intent of the Contract Documents are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer in.response to such questions will.be issued by Addenda mailed or delivered to all parties recorded by Engineer as having.received the Bidding Documents. Questions received less than five (5) days prior to the date for opening of Bid Proposals may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. 6. • Bid Security 6.1 Each Bid Proposal must be accompanied by bid security.made.payable to Owner in an amount of five. percent (5%) of the Bidder's maximum Bid Proposal price, and in the form of a certified check, cashier's check or a Bid ,,ram, Bond(`Bid Security"). 06/2008 00200-3 of 7 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 6.2 . The Bid Security of the Successful Bidder will be retained until such-Bidder has (."' executed the Standard Form of Agreement, and furnished the required __ Performance and Payment Bonds,whereupon the Bid Security will be returned. If the Successful Bidder fails to execute and deliver the Standard Form of Agreement and furnish the required performance and payment bonds within ten (10)days after the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The-Bid Security of other Bidders will be retained until after the Contract is awarded'and the Standard Form of Agreement becomes effective, or all bids are rejected, whereupon Bid Security furnished by such Bidders will be returned. 7. Contract Time The number of days in which the Work is to be Substantially Completed, as set forth in the Bid Proposal form and the Standard Form of Agreement, subject to such extension of time as may be due under the terms.and.conditions of the Contract Documents ("Contract Time"). 8. Liquidated Damages and Early Completion Bonus Provisions for liquidated damages and early completion bonus, if any, are set forth in the Standard Form of Agreement. 9. Substitute or"Or-Equal" Items The Contract, if awarded, will be on the basis of the selected materials and equipment described in the Plans or specified in the Specifications without consideration`of possible substitute or "or-equal" items. Whenever it is indicated in. the Plans or specified_in the Specifications that a substitute or "or-equal" item of material or equipment may be furnished or used by the .Contractor if acceptable to Engineer, application for.such acceptance will not be considered by Engineer until after the Agreement becomes effective: All "or-equal" references shall be interpreted to mean "or approved equal". . The procedure .for submission of any such application by Contractor and consideration by Engineer is set forth in the Contract Documents: 10:. Bid Form 10.1, The Bid Proposal form (Section 00300 - Bid Proposal) is included with the Bidding Documents; additional copies may be obtained from Engineer (or the issuing office).' 10.2 All blanks on the Bid Proposal form must be completed in ink or by typewriter. The Bidder shall bid all Alternates, if any:. The Bidder shall initial each page of the Bid Proposal form. 10.3 Bid Proposals by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied be evidence of authority to sign) and the corporate seal must be affixed and 06/2008 00200-4 of 7 CITY OF PEARLAND . INSTRUCTIONS TO BIDDERS. attested by the:secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 10.4: Bid Proposals by partnerships must bet'executed in the partnership name.and signed by a general partner, whose title must appear under the signature, and if a corporate general partner, executed as required above for corporations, and the official address of the partnership must be,shown below the signature:. 10.5 All names must be typed or printed below the signature: 10.6 The Bid Proposal shall contain an acknowledgment of receipt of all Addenda (the number of which must be filled in on the Bid Proposal form). 10.7. The address and telephone number for communications regarding the Bid Proposal must be shown on the Bid Proposal form. 11. Submission of Bid Proposals The place, date and/or time designated for opening Bid Proposals may be changed in accordance with applicable laws, codes and ordinances: Bid Proposals shall be submitted in duplicate at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the. (ow-, Project title and name and address of the Bidder and accompanied by Bid Security. If the Bid Proposal is sent through the mail or other delivery system the sealed envelope shall be:enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it: Verbal, facsimile, or electronic bids are invalid and will not be considered. Bid Proposals submitted after the bid date. and time will be returned to the Bidder unopened. 12. Modification and Withdrawal of Bid Proposals 12.1 . Bid Proposals may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid Proposal must be executed) and delivered to the place where Bid Proposals are to be submitted at any time prior to the opening of Bid Proposals. A Bidder may not modify or withdraw its Bid Proposal by verbal, facsimile or electronic means. A withdrawn Bid'Proposal may be resubmitted prior to the designated time for opening Bid Proposals. 12.2 If, within twenty-four (24) hours after Bid Proposals are opened, any Bidder files a duly, signed, written notice with- Owner and promptly. thereafter demonstrates to the reasonable satisfaction of Owner that there was a material mistake in the preparation of its Bid Proposal, that Bidder may request to withdraw.its Bid Proposal and the bid security may be returned or forfeited at the discretion of the Owner. Thereafter, that Bidder will be disqualified from further bidding on the Project to be provided under the Contract Documents._ 06/2008 00200-5 of 7 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS (al"',, 13. Opening of Bid Proposals Bid Proposals will be opened and (unless. obviously non-responsive) read aloud publicly. An abstract of the amounts of the base Bid Proposals and major alternates (if any) will be made available to Bidders after the opening of Bid Proposals. - Bid Proposals, in their entirety, shall be open for public inspection after the contract is. awarded, with the exception of any trade secrets or confidential information contained therein, provided Bidder has expressly identified any specific information contained therein as being trade secrets or confidential information: 14. Bid Proposals to Remain Subject to Acceptance All Bid Proposals will remain subject to acceptance for sixty (60) days after the day of the Bid Proposal opening, but Owner may, in its sole discretion, release any Bid Proposal and return the bid security prior to that date. 15. Award of Contract 15.1 Owner reserves the right to reject any and.all Bid Proposals, to waive any and all informalities not involving price, time or changes in.the Work and to negotiate contract terms with the Successful Bidder. Owner may reject a bid as non-responsive if: 1) Bidder fails to provide required Bid Security; 2) Bidder improperly or illegibly completes or fails to complete all information required by the Bidding Documents; 3) Bidder fails to sign the Bid Proposal or improperly signs the Bid Proposal; 4) Bidder qualifies its Bid Proposal; 5) Bidder tardily or otherwise improperly submits its Bid Proposal; 6)Bidder:fails to submit the Qualifications of Bidder as required under section 3 of these Instructions to Bidders; or 7) Bid Proposal is otherwise non-responsive. In determining the best value for the Owner, and in determining to whom to award a contract, Owner may consider: 1) purchase price;2) reputation of the Bidder and Bidder's goods or services; 3) quality of Bidder's goods or.services; 4) extent to which the goods or services meet the Owner's needs;5) Bidder's past relationship with the Owner; 6) impact on the ability of Owner to comply with laws and rules relating to contracting with historically underutilized businesses and nonprofit organizations employing persons with disabilities; 7) total long- term cost to Owner to acquire Bidder's goods or services; 8) the Qualifications of Bidder; and 9) any other relevant criteria specifically listed in the Bidding Documents. Discrepancies in the:multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 15.2 In evaluating Bid Proposals, Owner will consider the Qualifications of the Bidders, whether or not the Bid Proposals comply with the prescribed requirements, and such alternates, unit prices and other data, as may. be requested in the Bid Proposal form or prior to the Notice of Award. 06/2008 - 00200 6 of 7 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 15.3 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid Proposal and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, suppliers and other persons and organizations to perform and furnish.the Work in accordance with the Contract Documents, to Owner's satisfaction,within the Contract Time. 15.4 The contract is to be awarded to the lowest responsible Bidder or the Bidder who provides goods or services at the best value for the Owner. 16. Contract Security When the Successful Bidder delivers the executed Standard Form of Agreement to Owner, it must be accompanied by the Performance, Payment, Maintenance and Surface Correction Bonds required by the Contract Documents. Bonds may be on the forms provided herein or an equal form containing. no substantive .changes, as determined by Owner. 17. Signing of Agreement When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Standard Form of Agreement, and the required 'Performance and Payment Bond forms. Within ten (10) days thereafter Contractor shall sign and deliver the required number of counterparts of the Standard Form of Agreement to Owner with the required Bonds. Within ten(10) days thereafter, Owner shall.deliver one fully signed counterpart to Contractor. •There shall be no contract or agreement between Owner and the Successful Bidder until proper execution and attestation of the Standard : Form of Agreement by authorized representatives of the Owner. 18. Pre-bid Conference A pre-bid conference will be held as indicated in the Invitation to Bid. Attendance at the pre-bid conference is mandatory. 19. Retainage Provisions concerning retainage are set forth in the Contract Documents. END OF SECTION 06/2008 00200-7 of 7 CITY OF PEARLAND BID PROPOSAL Section 00300 BID PROPOSAL • Date: 0 Bid of ALCo Lip,. •D T12�I ) ,an •individual proprietorship/a corporation organized and existing under the laws of the State of Texas/a partnership consisting of , for the construction of: Dixie Farm Road Removal & Filling of Abandoned 16" Water Line City of Pearland,Texas COP PN: TR0805 BID NO.: 0109-17 (Submitted in Duplicate) To: The Honorable Mayor and City Council of Pearland City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Pursuant to the published Invitation to Bidders, and Instructions to.Bidders, the undersigned Bidder hereby proposes to do all the work and furnish all necessary superintendence, labor, machinery, equipment, tools and materials, and whatever else may be necessary to complete all the work described in or reasonably inferable from the Contract Documents for the construction of the Dixie Farm Road - Removal & Filling of Abandoned 16" Water Line, in accordance with the Plans, and Specifications prepared by the Engineer, Freese and Nichols, Inc., 2010 East Broadway, Pearland,.Texas 77581, and Mehran (Ron) Bavarian,'P.E., under the City of Pearland's inspection for the unit prices or applicable prices set forth in Exhibit "A", bid form, which bears the undersigned's initials for identification.. It is understood that, in the event any changes are ordered on any part of the Work, the applicable unit prices bid shall"apply as additions to or deductions from the total prices for the parts of the.Work so changed. The Bid Security required under the Instructions to Bidders is included with this Bid Proposal. The Bidder agrees to submit to the Owner the Qualifications of Bidder, including the Financial Statement of Bidder, as required by the Instructions to Bidders if requested to do so as a condition of the Bid review. The Bidder binds himself, upon acceptance of his proposal, to execute the Standard Form of Agreement.and furnish a Performance Bond and a Payment Bond, each in the amount of one hundred percent (100%) of the total Contract Price, according to the forms included in the Contract Documents, for performing and completing the said work within the time stated and for the prices stated in Exhibit"A"of this proposal. The undersigned Bidder agrees to commence work within Ten (10) days after the date of a written notice to commence work. It is understood that the Work is to be Substantially Complete wit 'I" • II') Bidder's Initial's: fir 06/2008 00300- 1 of 2 CITY.OF P ARLAND BID PROPOSAL (90-).days after the date of the notice to commence work. Tune for Substantial Completion shall begin on the date established by the notice to commence .work. The Contractor will pay liquidated damages in the amount(s) specified in Document 00500-Standard.Form of Agreement in the event the Work is not Substantially Complete in this time limit. It is agreed that the Contract Price may be increased or decreased to cover work added, altered, or deleted by order of the Engineer,in accordance with the provisions of the General Conditions of Agreement. The undersigned agrees that the amounts bid in this Bid Proposal:.will not be :withdrawn or modified for sixty(60) days following date of Bid Proposal opening, or such longer:period as may be agreed to in writing by the City.of Pearland and.Bidder. . . It is understood that in the event the Successful Bidder fails to enter into the Standard Form of Agreement and/or to furnish a Performance Bond and Payment Bond, each in the amount of one hundred (100) percent of the Contract Price, within ten (10) days of the Notice of Award, the Successful Bidder will forfeit the Bid Security as provided in the Instructions to Bidders. Unless otherwise expressly provided herein, all references to"day(s)" shall mean calendar day(s). The following Addenda have been received. The modifications to the Bidding Documents noted therein have been considered and all costs thereto are included in the Bid Proposal prices. Addendum No.: . Date(1) --L)q-0 9 . Addendum No.: :Date: Addendum No.: . Date: . Addendum No.:. : . : Date: Bidder hereby represents than the only person or parties.interested in this offer as principals are. those named above. Bidder has not directly or indirectly entered into any agreement,participated in any collusion, or otherwise taken any action in restraint of free competitive bidding. 11 Firm Name: L ALL-O V 10 I ( 'O9) LI--63�. By: A.� �'T/ L_o 1 , 12 Zi (2- Title: . fee6Sb,2 ) Q 9),e 0 io �(Z, . Address: � 'r -- . . '��— c Phone No: gQ 1'44 g �cZ( ATTEST:. 14 0 L 'e Pc-T-0 AD (Seal,if Bidder is a Corporation) (Typed'or rinte Name) Signature Date: 0 a_- 1 " L-9 q END OF SECTION :zit..../ Bidder's Initial's: 06/2008 00300-'2 of •. • . CITY OF PEARLAND BID PROPOSAL ATTACHMENT. •Item Spec. Bid No.No: : Bid Item Description Unit Quantity Unit Price Amount Bid .'•f�cs;�;,-'"� ;y�L'FJ-.Cd,���� }'^�.�.,.-c,•� U'S�F.,. 11�f:T.7�'F •J�'S' ;'yar.?���������' 1 . 01505 Mobilization . ." LS 1 /7 ddD.! -2 .03554 •Cut, Fill,.Cap and.Abandon Exist. 16"" AC Water Line, as per specifications and. LF 9,000 Et!Environmental Work Plan /depe4' 3 01562, :Cut, Remove:and Dispose of Exist. 16".. 02318 AC Water Line; as per specifications and LF 905 oe / .:, Environmental.Work Plan 1• 3 It 1 6 r 4 01560 Filter Fabric—Install&Remove, as : Authorized by the Engineer LF 500 s-afl • 5 02921 Hydro-mulch Seeding AC 1 /2 is /Z649• 6 01564 Well Pointing,as Authorized by the Engineer LF 300* Z s-�cc, r j5-00, 7 01750 Trench Safety System ./ LF 905 . ej V..1"1.S', 8 .02200 Site Preparation for Removal&Filling, AC . 1 As Necessary . .rod G S—clo. =. 9 01555 Traffic Control .. LS 1 / Z 404a. Z oa.*Well pointing unit price shall not be less than$25/LF . SUBTOTAL k SE yCs T-�^Ir.O Ni "A" A"ITEMS YA ir F l i S EC r f 7 Eit itA*ORK1 c;emc * Kr€ [�3 5� is �, fTof 0 wher aiti er ee "=7 ardig bbau orizedVaa� rsliallp gitia trice [s o 11u. s ..- .. � .�+�..r:.sf.�_.r.:...._z?'"�_i;,�nt:E'.i_. c�ii��;._ r,��z',+�•_..�,"r�-._.,i..__._-a-�•3:�,.se �.S`.t�a=�v._�_s.Lic�x�: 1 00700 Extra Labor(Unskilled) Man . 2 00700 Extra Labor(Skilled) Man . Hr. . 3 02318 Extra Machine Excavation CY _-- --- lL . 4 03300 Extra Concrete, 3,000 psi with form work CI, --- --- ZS'e :' 5 02252 Extra Cement Stabilized Sand Ton --- S6 --- 6" 02634 Extra Ductile Iron Fittings, all Classes Ton --- r and Sizes, in place L L ad --- 7 02330 Extra Fill, compacted CY --- a Ch\. Bidder's Initial's: 08/2007 00300-Al ' CITY OF PEARLAND BID PROPOSAL Item Spec. Bid No. No. Bid Item Description Unit Quantity Unit Price Amount Bid Club 8 01562, Extra Cut, Remove and Dispose of Exist. 02318 16"AC Water Line, as per specifications LF --- q(, * and Environmental Work Plan *Unit Price shall be equal to item 3 of Section"A" SUBTOTAL SECTION"B" ITEMS $15,000.00 TOTAL BID PRICE /Q Z.j s-34, e0 Bidder's Initial's:4J ♦• 08/2007 00300-A2 CITY OF PEARLAND STANDARD FORM OF AGREEMENT Section 00500 STANDARD FORM OF AGREEMENT THIS AGREEMENT is by and between City of Pearland (hereinafter called OWNER or City) and CALCO CONTRACTING, LTD. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all work as specified or indicated in or reasonably inferable from the Contract Documents (hereinafter the "Work"). The Work is generally described as follows: Dixie Farm Road Removal& Filling of Abandoned 16" Water Line City of Pearland,Texas COP PN: TR0805 BID NO.: 0109-17 Article 2. ENGINEER The Work has been designed by Freese and Nichols, Inc., 2010 East Broadway, Pearland, Texas 77581, and Mehran (Ron) Bavarian, P.E. who is hereinafter called ENGINEER and who is to assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CON[RACT TIME 3.1 The Work will be Substantially Complete (as defined in Article 1 of the General Conditions) within forty five (45) calendar days (including weekends and holidays) from the date when the Contract Time commences to run as provided in paragraph 5.01 of the General Conditions (as revised in the Special Conditions if applicable), and completed and ready for Final Payment within sixty (60) calendar days from the date when the Contract Time commences to run. No work will be allowed on Sundays. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 5 of the General Conditions. OWNER and CONTRACTOR also recognize the delays, expense, and difficulties 44.1' involved in proving in a legal or arbitration preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER two thousand 02/2008 00500- 1 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT dollars ($2,000.00) for each day that expires after the time specified in paragraph (.6\ 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time set out in the Certificate of Substantial Completion or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER two thousand dollars ($2,000.00) for each day that expires after the time specified in the Certificate of Substantial Completion for completion and readiness for Final Payment. 3.3 Inspection Time. Working hours for the Pearland Inspection personnel are from 7:30 a.m. to 4:30 p.m., Monday through Friday, excluding City approved holidays. The Contractor shall notify the OWNER of any required inspection overtime work at least 48 hours in advance and shall pay the overtime wages for the required City inspections. Article 4. CON TRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the Work in strict accordance with the Contract Documents in current funds $192,530.00 (the "Contract Price"). The Contract Price includes the Base Bid as accepted by OWNER, as shown in (�''� Document 00300—Bid Proposal. Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Section 6.0 "Measurement and Payment" of the General Conditions. Application for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER as provided below. All progress payments will be on the basis of the progress of the Work and actual quantity of Work completed, in accordance with Article 6 "Measurement and Payment"of the General Conditions. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage or actual quantity of Work complete, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with the General Conditions. The OWNER shall make payment within 30 days of receipt of application for payment by the ENGINEER. 5.1.2 Each progress payment shall be less retainage as specified in Paragraph 6.06 of the General Conditions, and further less all previous payments and all further sums that may be retained by the OWNER under the terms of this Agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the CONTRACTOR, the OWNER may upon 02/2008 00500-2 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT written recommendation of the ENGINEER pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR at the OWNER's option, may be relieved of the obligation to fully complete the Work and, thereupon, the CONTRACTOR shall receive payment of the balance due him under the contract subject only to the conditions stated under"Final Payment." 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 6.08 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 6.08. Article 6. INTEREST Interest on any overdue payment from OWNER to CONTRACTOR shall be paid in accordance with the provisions of Chapter 2251 of the Texas Government Code, as amended. Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: Cb\ 7.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. 7.2 CONTRACTOR has studied carefully all available surveys, assessments, reports of explorations, investigations, and tests of subsurface conditions and drawings of physical conditions of the site. Such technical reports and drawings are not Contract Documents, and Owner makes no representations or warranties as to the accuracy of such documents or information, or to whether or not they are complete, comprehensive, or all-inclusive. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraphs 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work ,and CONTRACTOR assumes the risk of such subsurface and physical conditions, and shall furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, explorations,tests,reports, and studies or similar information or data are or will be required by CON TRACTOR 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 02/2008 00500-3 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT 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 fmish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations,tests, reports, and studies with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies in the Contract Documents of which Contractor knew or should have known, and CONTRACTOR shall perform the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including any written resolution of any such conflict, error or discrepancy by ENGINEER. Article 8. CONTRACT DOCUMENTS The Contract Documents, which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work, consist of the following, each of which are incorporated herein by reference: 8.1 Standard Form of Agreement(Section 00500). 8.2 Performance, Payment, and/or Maintenance Bonds (Sections 00610, 00611, and 00612). 8.3 General Conditions of Agreement (Section 00700), including Attachment No. 1 Workers' Compensation Insurance Coverage, Attachment No. 2 Agreement for Final Payment and Contractor's Sworn Release, and Attachment No. 3 Owner's Insurance Requirements of Contractor. 8.4 Special Conditions of Agreement(Section 00800). 8.5 Plans, consisting of sheets numbered 1 through 20 inclusive with attachments with each sheet bearing the following general title: Dixie Farm Road Removal &Filling of 16" Water Line. 8.6 Instructions to Bidders and CONTRACTOR's Bid Proposal, including any Addenda referenced therein. 8.7 Technical Specifications for the Work. 8.8 The following, which may be delivered or issued after this Agreement becomes effective: Any Change Orders or other documents amending, modifying, or supplementing the Contract Documents in accordance with the General Conditions. 02/2008 00500-4 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in the General Conditions. Article 9. MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Section 1, "Defmitions and Interpretations" of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representative to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 9.4 CONTRACTOR agrees to warranty the Work for a period of one (1) year from Substantial Completion against defects in materials and workmanship. CONTRACTOR agrees to repair or replace any defective work within this warranty period in an expeditious manner at no additional cost to OWNER. 9.5 The Work will be completed according to the Contract Documents and in accordance with codes, ordinances, and construction standards of the City of Pearland, and all applicable laws, codes and regulations of governmental authorities. 9.6 In the event any notice period required under the Contract Documents is found to be shorter than any minimum period prescribed by applicable law,the notice period required shall be construed to be the minimum period prescribed by applicable law. 9.7 This Contract and the Contract Documents, insofar as they relate in any part or in any way to the Work undertaken therein, constitute the entire agreement between the parties hereto, and it is expressly understood and agreed that there are no agreements or promises by and between said parties, except as aforesaid, and that any additions thereto or changes shall be in writing. 9.8 The provisions of this Contract shall be applied and interpreted in a manner consistent with each other so as to carry out the purposes and the intent of the parties, but if for any reason any provision is unenforceable or invalid, such provisions shall be deemed severed from this Contract and the remaining 02/2008 00500-5 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT provisions shall be carried out with the same force and effect as if the severed provision had not been part of this Contract. 9.9 The headings of the paragraphs are included solely for the convenience of reference and if there is any conflict between the headings and the text of this Contract, the Contract text shall control. 9.10 The waiver of any breach hereof shall not constitute a waiver of any subsequent breach of the same or any other provision hereof. Failure by the OWNER in any instance to insist upon observance or performance by CONTRACTOR shall not be deemed a waiver by CONTRACTOR of any such observance or performance. No waiver will be binding upon OWNER unless in writing and then will be for the particular instance only. Payment of any sum by OWNER to CONTRACTOR with knowledge of any breach or default will not be deemed a waiver of such breach or default or any other breach or default. 9.11 The CONTRACTOR acknowledges that the OWNER(through its employee handbook) considers the following to be misconduct that is grounds for termination of an employee of the OWNER: Any fraud, forgery,misappropriation of funds, receiving payment for services not performed or for hours not worked,mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the OWNER. The CONTRACTOR agrees that it will not, directly or indirectly; cause an employee of the OWNER to engage in such misconduct. 02/2008 00500-6 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and one to CONTRACTOR. This Agreement will be effective upon execution and attestation by authorized representatives of the City of Pearland and upon the following date: r'Y1 cu-dr, 5 , 20 . OWNER: CONTRACTOR: CITY OF PEARL• ►r/ CALCO CO TRAC G, LTD By: 4 I By: x- Title: QI Il5-ein .a f y 0\u-in a yir Title: Lo_je,v 6, V�,q zm2- dee-Arj Date: nnudn 5 0 0 GJ Date: Oc2 - a - 9 (Corporate Seal)T- ATTEST ATTES Address for givi no ces 8000 Berwyn Drive Houston, Texas 77037 Phone: (281)448-2620 Fax: (281)448-9237 Agent for service of process: END OF SECTION 02/2008 00500-7 of 7 • CITY OF PEARLAND • PERFORMANCE BOND d • Section 00610 Bond No 61BCSFA8486 • PERFORMANCE BOND STATE.OF TEXAS § COUNTY OF BRAZORIA. §. • KNOW-ALL MEN BY THESE PRESENTS: That CALCO CONTRACTING, LTD. of the City. of HOUSTON , County of HARRIS and State of Texas, as principal, and HARTFORD FIRE INSURANCE COMPANY. . authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee (Owner), in the penal sum of$ .192,530.00'. for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns,jointly and severally,by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner,effective as of the 23rd. day of February , 2009 , (the "Contract") to commence and complete the construction of certain improvements described as follows: Dixie Farm Road Removal & Filling of Abandoned 16" Water Line City of Pearland,Texas COP PN: TR0805 BID NO.: 0109-17 which Contract,.including the Contract Documents as defined therein, is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS.OBLIGATION IS. SUCH, that if the said Principal shall faithfully perform said Contract Work and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions, and agreements in and by said. Contract agreed and covenanted by the Principal to be observed and performed, and according to, the true intent and meaning of said Contract and Contract Documents, then this obligation shall be void;otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 ` of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the Work performed thereunder,. or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. 12/2007 00610- 1 of 2 CITY OF PEARLAND PERFORMANCE BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument'..:: this 23rd day of February 2009. Principal: Surety: . CALCO .CONT: •CTING,. LTD. HART•1'1 FIRE CE COMPANY I, By By i Jo Ann Parker #1238909 Title: ��sT.b j itle: Attorney-in-Fact • Address: • ddre _ _ P.O. Box 10156 P.O: Box 4611 Houston, Texas .77206 Houston, Texas 77210-4611 Telephoner 281/448-2620. Telephone: 281/874-9600 Fax: 281/448-9237 Fax: 866/219-4932 NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL-FREE TELEPHONE. NUMBER; 1-800-252-3439: END OF SECTION HOUSTOUN,WOODARD,EASON,GENTLE, TOMFORDE,AND ANDERSON,INC. dba Insurance Alliance 1776 Yorktown,Suite 200. Houston,Texas 77056-4114 TDI License#1381 FEIN#760362043 12/2007 " 00610-2 of 2 • CITY OF PEARLAND PAYMENT BOND Section 00611 Bond No 61BCSFA8486 PAYMENT BOND • • STATE OF TEXAS §. COUNTY OF BRAZORIA § • KNOW ALL MEN BY THESE PRESENTS: That .CALCO CONTRACTING, LTD. of:the City of HOUSTON County of HARRIS , and. State of Texas, as principal,' and HARTFORD FIRE. INSURANCE COMPANY authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City of Pearland as.Obligee • (Owner),in the penal sum of$ 192,530.00 - for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns,.jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of the 23rd day of February 20 09, (the "Contract") to commence and complete the construction of certain improvements described as follows: Dixie Farm Road Removal & Filling of Abandoned 16" Water Line Clb\ City of Pearland,Texas COP PN: TR0805 BID NO.: 0109-17 which Contract, including the Contract Documents as defined therein, is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor or material to .him or a subcontractor in the prosecution of the Work provided for in said Contract, then, this .obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length. herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or. addition to the terms of the contract, or to the Work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond,:and it does hereby waive notice of any such change, extension of time, alteration or addition. to the terms of the Contract, or to the Work to be performed thereunder. 07/2006 00611 - 1 of 2 CITY OF PEARLAND PAYMENT BOND `. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument • this 23rd day,of February 20 09.. Principal: Surety: CALCO CONT CTING, LTD HART 'RD F.IRE. .I ' , CE ;CONPAN`X By: By: Alm_ I u rya gig:Z 5. 2 Jo Ann Parker 1238909 Title 5s:Q2ec). tie: Attorney-in-Fact - Address: :ddre P.O. Box 10156 P.O. Box 4611 Houston, Texas 77206 Houston, Texas 77210-4611 Telephone: 281/448-2620 Telephone: 281/8 74-9 600 Fax: 281/448-9237 Fax: 866/219-4932 NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE - OF CLAIM SHOULD BE SENT MAY BE.OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL-FREE TELEPHONE NUMBER; 1-800-252-3439. • END OF SECTION HOUSTOUN,WOODARD,EASON,GENTLF,, TOMFORDE,AND ANDERSON,INC. dba Insurance Alliance 1776 Yorktown,Suite 200 Houston,Texas 77056-4114 . TD1 License#1381 FEIN#760362043 07/2006 00611 -2 of 2 CITY OF PEARLAND • ONE-YEAR MAINTENANCE BOND Section 00612 Bond No. 61BCSFA8486 . ONE-YEAR MAINTENANCE BOND STATE OF TEXAS § COUNTY OF BRAZORIA § • • KNOW ALL MEN BY THESE PRESENTS: That CALCO CONTRACTING, LTD of the City. of HOUSTON , County of HARRIS , and State Of Texas, as.principal, and HARTFORD FIRE INSURANCE COMPANY authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto City.of Pearland as Obligee (Owner), in the penal sum of$ 192,530 00 for the payment whereof, the said • Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns,jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of the 23rd day of February , 20 09, (the "Contract") to commence and complete the . construction of certain improvements described as follows: Dixie Farm Road Removal& Filling of Abandoned 16" Water Line. City of Pearland,Texas . COP PN: TR0805 BID NO.: 0109-17 which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully correct all such work not in accordance with the Contract Documents discovered within the one-year period from the date of substantial completion,then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter.2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. 07/2006 00612- 1 of 2 ... CITY OF PEARLAND ONE-YEAR MAINTENANCE BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument (ow this 23rd day of February ,20 09. •Principal: Surety: . • CALCO CONTRACTING, LTD. • HAR AO 4i FIRE r i ii A CE COMPANY • , By: .4 4 I A gf° R i i '"'' • —T 'AIL.— lik;....-____ v iti , N-12.'soi z.-r _. Jo Ann Parker #1238909 _._,... , /.7 Title: 1--1 ,e5 b_e_rt_.,T , itle: Attorney-in-Fact — Address: . A a dre P.O. Box 10156 P.O. •Box 4611 Houston, Texas 77206 Houston, Texas 77210-4611 Telephone 281/448-2620 Telephone: 281/874-9600 : 281/448-9237 866/219-4932 Fax: Fax: rw' NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS • DEPARTMENT OF INSURANCE BY CALLING ITS TOLL-FREE TELEPHONE NUMBER; 1-800-252-3439. • END OF SECTION HOUSTOUN,WOODARD,EASON,GENTLE, TOMFORDE,AND ANDERSON,INC. dba Insurance Alliance 1776 Yorktown,Suite 200 • Houston,Texas 77056-4114 TDI License#1381 FEIN#760362043 elh's 07/2006 • 00612-2 of 2 • • • Direct Inquiries/Claims to: THE POWER OF ATTORNEY P.O.BOX 2103,690 ASYLUM AVENUE • HARTFORD,CONNECTICUT 06115 • call:888-266-3488 or fax:860-757-5835 7.NOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: 61-610074&46-505987 X Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut X Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana • X Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois,a corporation duly organized under the laws of the State of Illinois • Hartford Insurance Company of the Midwest,a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast,a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the"Companies")do hereby make, constitute and appoint, up to the amount of unlimited: Donald E. Woodard, Jr., Harlan J. Berger,Andrew J.Janda, C. W.Adams, Sue Kohler, Leland L. Rauch, Sharon Cavanaugh, Cheryl R. Colson, Michael Cole, JoAnn Parker of Houston, TX • their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on January 22,2004 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies,the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. f4IN .007 • •• YlYn„ ;i ..s-.1,., _4! ' .�t�)I l567 .� e . • 19' • is �Ij. ■r aeartr as • •\• ► 9l,s �� fe 1" •ia97* may.. �� G ,�. „;r�Rira :.:M -' �A'.�' � n . fi ay''rrgm5 4\rua' 'Y':_fr5w`' ot Paul A.Bergenholtz,Assistant Secretary M. Ross Fisher,Assistant Vice President STATE OF CONNECTICUT ss. Hartford COUNTY OF HARTFORD On this 1st day of February,2004, before me personally came M. Ross Fisher,to me known,who being by me duly sworn,did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. •Quc. omit * Scott E.Paseka Notary Public CERTIFICATE My Commission Expires October 31,2012 I,the undersigned,Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is still in full force effective as of February 23, 2009. Signed and sealed at the City of Hartford. joy trk, op arr -'SII'3�ti •*1-• "qfi • i Wes"'" ' q ��tG stir a )� !om a 7 t. `id• ht�t4.r Mva! • %rho - 'n 19 7 9 •° 19 7 4 919 • h. :� li \MµTau Pp'y'r,�� ,'hu\cri rinua' • :.ort't�' Gary W.Stumper,Assistant Vice President • • • • IMPORTANT NOTICE TEXAS DIVIDEND PROVISION You will be entitled to participate in a distribution of our surplus, as determined by our Board of Directors from time to time, after approval in accordance with the provisions of the Texas Insurance Code, of 1951, as amended. Form F-XXXX-O Printed in U.S.A. • IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja. You may contact your agent. You may call Hartford Insurance Group at the Puede comunicarse con su agente. • toll free telephone number for information or to Usted puede Ilamar al numero de telefono make a complaint at: gratis de The Hartford Insurance Group para • indormacion o para someter una queja al 1-800-392-7805 • 1-800-392-7805 . You may also write to The Hartford: Usted tambien puede escribir a The Hartford. The Hartford . Hartford Financial Products The Hartford 2 Park Avenue,•5th Floor Hartford Financial Products New York, New York 10016 2 Park Avenue, 5th Floor 1-212-277-0400 New York, New York 10016 1-212-277-0400 - You may contact the Texas Department of • Insurance to obtain information on companies, Puede comunicarse con el Departamento de coverages, rights or complaints at: Seguros de Texas para obtener informacion acerca de companfas, coberturas, derechos o quejas al: . 1-800-252-3439 1-800-252-3439 CYou may write the Texas Department of Puede escribir al Departamento de Seguros de Insurance Texas • • P.O. Box 149104 P.O. Box 149104 Austin, TX 78714-9104 Austin, TX 78714-9104 Fax Number(512) 475-1771 Fax Number (512) 475-1771 Web: http://www.tdi.state.tx.us. Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIMS DISPUTES: Should DISPUTAS SOBRE PRIMAS 0 RECLAMOS: you have a dispute concerning your SI tiene una disputa concerniente a su premium or about a claim you should prima o a un reclamo, debe comunicarse contact the agent first. If the dispute is not con su agente primero. Si no se resuelve la resolved, you may contact the Texas disputa, puede entonces comunicarse con Department of Insurance. el departamento (TDI). ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: Este aviso This notice is for your information only and es solo para proposito de informacion y no does not become a part or condition of the se convierte en parte o condicion del attached document. . documento adjunto. C F 4275-1,./TX4275-1 HR 42 H006 00 0807 'ACORD, CERTIFICATE OF LIABILITY INSURANCE OP ID sL DATE(MMIDD/YYYY) CALCO-1 03/03/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Alliance HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 1776 Yorktown, #200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Houston TX 77056 Phone: 713-966-1776 Fax:713-966-1700 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Texas Mutual Ins Co 22945 INSURER B: Charter Oak Insurance Company Calco Contracting, Ltd. INSURER C: Travelers Lloyds Insurance Co 41262 8000 Berwyn INSURER D: Travelers Indemnity Co of CT 25682 Houston TX 77037 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 114511 U'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $1000000 C X X COMMERCIAL GENERAL LIABILITY CO-5461B066 12/31/08 12/31/09 PREMISES(Eaoccurence) $100000 CLAIMS MADE OCCUR MED EXP(Any one person) $5000 PERSONAL&ADV INJURY $1000000 GENERAL AGGREGATE $2000000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2000000 POLICY In l JE a n LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1000000 B X X ANY AUTO BA-8314C123 12/31/08 12/31/09 (Eaacddent) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO EA ACC $ OTHER THAN AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $5000000 D X X OCCUR CLAIMSMADE CUP-5461B054 12/31/08 12/31/09 AGGREGATE $5000000 DEDUCTIBLE $ X RETENTION $10000 $ WC STATU- 0rH- WORKERS COMPENSATION AND X TORY LIMITS ER EMPLOYERS'LIABILITY A SPB 0001175241 12/31/08 12/31/09 E.LEACHACCIDENT $1000000 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $1000000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $1000000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS COP PN: TR0805 - Dixie Farm Road Removal & Filling of Abandoned 16" Water Line City of Pearland, TX. Additional Insured (Primary and Non-Contributory) applicable to all policies (Except WC) & Waiver of Subrogation applicable to all policies in favor of City of Pearland, its successors and assigns, and the Engineer and as required by written contract CERTIFICATE HOLDER CANCELLATION CITY-15 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL EMNI 4OWC10CMAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT PRILLUREXIODOEFaCSHALL 1°� City of Pearland IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR l� 3519 Liberty Drive REPR SENTATIVES. //�� Pearland TX 77581 AU EDR RESENTATI691 8 eQ i ACORD 25(2001/08) �// %�y'vQT©AA/C{OORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2001/08) 'ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID JL DATE(MM/DD/YYYY) CALCO-1 03/03/09 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Insurance Alliance HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 1776 Yorktown, #200 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Houston TX 77056 Phone: 713-966-1776 Fax:713-966-1700 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Travelers Lloyds Insurance Co 41262 INSURER B: Calco Contracting, Ltd. INSURER C: 8000 Berwyn INSURER D: Houston TX 77037 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. iLTR •SRE POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR INSRE L TYPE OF INSURANCE POLICY NUMBER GENERAL LIABILITY EACH OCCURRENCE $ UAMAOt IV HENItU COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurence) $ CLAIMS MADE OCCUR MED EXP(My one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY n JERCT n LOG AUTOMOBILE LIABILITY COMBINED SINGLE LIMB ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO EA ACC $ OTHER THAN AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ WC S $ WORKERS COMPENSATION AND I R O E TORY L LIMITS ER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT ANY PROPRIETOR/PARTNER/EXECUTIVE $ OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $ If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ OTHER A Installation Fltr 660-0313L353 12/31/08 12/31/09 Sp Form 192,530 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS COP PN: TR0805 - Dixie Farm Road Removal & Filling of Abandoned 16" Water Line City of Pearland, TX. Blanket Named Insured Endorsement, and, Waiver of Subrogation applicable City of Pearland, General Contractor, Loss Payee and Morgagee as required written contract. CERTIFICATE HOLDER CANCELLATION CITY-15 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL suesxsoacoXMAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT VANORECOOTAXSasHALL City of Pearland IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 3519 Liberty Drive REPR SENTATIVES. /� Pearland TX 77581-5416 AU ED R RESENTATIVV$ G ACORD 25(2001/08) , �/ ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. can\ ACORD 25(2001/08) • Acitz Noll 2�,�.....,.. a coE / D idDERCOE CI 1 r iiiiik1timetttard1:o ract igr4 Ltd r1 � > :u ➢ .-:�A-iz 'h_ � Transit Limit $100,000 � L�67�z Temporary Location Limit $100,000 � , tflak.\ Section 00 615 PARTIAL WAIVER OF LIEN AND PAYMENT AFFIDAVIT' The undersigned contracted with City of Pearland to furnish . in connection with certain improvements to real property located in the City of Pearland, TX and owned by the City of Pearland which improvements are described as follows: In consideration of Pay Estimate No. in the amount of$ the undersigned, on oath, states that all persons and firms who supplied labor and materials to the undersigned in connection with said Project have been fully paid by the undersigned for such work through In consideration of the payment herewith made,the undersigned does fully and finally release and hold harmless the City of Pearland and its surety,if any,through the above date from any and all claims, liens,or right to claim or lien, arising out of this Project under any applicable bond,law or statue. It is understood that this affidavit is submitted to induce payment of the above sum and for use by the City of Pearland in assuring the Owner and others that all liens and claims relating to the said Project furnished by the undersigned are paid. • Signature Printed Name&Title Company Name State of . County of Subscribed and sworn to,before me,this day of , 20 My Commission Expires: Notary Public Revised 12/31/07 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Section 00700 (.11b''' GENERAL CONDITIONS OF AGREEMENT TABLE OF CONTENTS Page. No. 1.0 DEFINITIONS.AND INTERPRETATIONS 1 1.01 Owner, Contractor and Engineer 1 1.02 Contract Documents _ 1 1.03 Subcontractor 2 1.04 Written Notice 2 1.05 Work 2 1.06 Extra Work 2 1.07 Work Day 3 rib\ 1.07-1 Rain Day 3 1.07-2 Weather Day 3 1.08 Calendar Day 3 1.09 Substantially Completed 4 1.10 Interpretation of Words and Phrases 4 1.11 Referenced Standards 4 1.12 Contract Time 4 2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER 5 2.01 Adequacy of Design 5 2.02 Right of Entry 5 2.03 Ownership of Drawings 5 2.04. . Changes and Alterations 5 2.05 Damages. 6 05/2007 00700-i CITY.OF PEARLAND GENERAL.CONDITIONS OF AGREEMENT 3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER: 6 3.01 Owner-Engineer Relationship 6 3.02 Keeping of Plans and Specifications Accessible 6 3.03 Preliminary.Approval 7 3.04 Inspection by Engineer 7 3..05 Determination of Questions and Disputes 8 3.06 Recommendation of Payment 8 4.0 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 8 4.01 Independent Contractor 8 4.02 Contractor's Understanding. 9 4.03 Laws and Ordinances 9 4.04 Assignment and Subletting. 10 Cm'sl 4.05 Performance and Payment Bonds 10 4.06 Insurance 10 4.07 Permits and Fees 10 4.08 Texas State.Sales Tax 10 4.09 Contractor's Duty and Superintendence 11 4.10 Character of Workers 11 4..11 Labor,Equipment,Materials, Construction Plant and.Buildings 11 4.12. Sanitation 12 . .. . < . 4.13 Cleaning and Maintenance 12 4.14 Performance of Work 12 4,15 Right of Owner to Accelerate the Work 12 .5116‘ ` 4.16 • Layout of Work 12 4.17 Shop Drawings 12 05/2007 00700-ii CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT. 4.18 Engineer-Contractor Relationship; Observations 13 (.1116 4.19 Observation and Testing 13 4.20 : Defects and Their Remedies 14 4.21 Liability for Proper Performance 14 4.22 Protection Against Accident To Employees and the Public 15 4.23 Protection of Adjoining Property 16 4.24- Protection against Claims of.Subcontractors,Laborers,.Materialmen, and Furnishers of Machinery and Supplies 16 4.25 Protection Against Royalties or Patented Invention 17 4.26 Indemnification 17 4.27 Losses From Natural Causes 18 4.28 Guarantee 18 rin't 5.0 PROSECUTION AND PROGRESS 19 5.01 Time and Order of Completion 19 5.02 Extension of Time 19 5.03 Hindrances and Delays 20 5.04 Suspension of Work 20 5.05 Liquidated Damages for Delay 20 5.06 Change of Contract Time 21 5.07 Delays Beyond.Owner's and Contractor's Control 21 6.0 MEASUREMENT AND PAYMENT 22. 6.01 Discrepancies and Omissions 22 6.02 Quantities and Measurements 22 6.03 Estimated Quantities 22 6.04 Price of Work 22 05/2007 00700=iii CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6.05 Payments 23 6.06 Partial Payments 23 6.07 Use of Completed Portions &Punchlist:" 24 6.08 Substantial Completion 24 6.09 Final Payment 25 6.10 Correction of Work Before Final Payment 26 6.11 Correction of Work After Final Payment 26 6.12 Payments Withheld 27 6.13 Delayed Payments 28 7.0 EXTRA WORK AND CLAIMS 28 7.01 Change Orders 28 7.02 28 Clb's 7.03 Minor Changes 28 7.04 Extra Work 28.. 7.05 Time of Filing Claims 30 8.0 DEFAULT 31 8.01 Default by Contractor 31 8:02 Supplementation of Contractor Forces 33 8 03 Cumulative Remedies & Specific Performance 33 8.04 Cross-Default. 33 . 8.05 Insolvency 33 8.06 Contingent Assignment 34 8.07 Waiver.of Consequential Damages 34 8.08 Termination for Convenience 34 8.09 Default by Owner 35 05/2007 00700-iv CTY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 9.0 DISPUTE RESOLUTION 35 (1.116\ ATTACHMENT NO. 1: WORKERS' CO MPENSATION INSURANCE COVERAGE Al ATTACHMENT NO:2: AGREEMENT FOR FINAL PAYMENT AND CON TRACTOR'S. SWORN RELEASE Bi ATTACHMENT NO. 3: OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR Cl 05/2007 00700-v CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Section 00700 GENERAL CONDITIONS OF AGREEMENT 1.0 DEFINITIONS AND INTERPRETATIONS 1.01 OWNER, CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOR and the ENGINEER are those persons or organizations identified as such in the Agreement. The term ENGINEER as used in these General Conditions shall refer to the Engineer .. or Architect identified in the Agreement, as applicable, and means a person authorized to act as a representative of the entity designated by.the OWNER to provide professional services required in connection with the preparation and performance of this Contract. The Owner's representative on the project site shall be the Construction Manager or Engineer as designated. 1.02 CONTRACT DOCUMENTS. The Contract Documents shall consist of all of the documents identified in Article 8 of the Standard Form of Agreement, which documents, excluding the Plans and such documents as may be delivered or issued after the Effective Date of the Agreement, as referenced in Article 8, shall be bound together in a Project Manual for the Work. All references to the "Contract" or the "Agreement" in these General .Conditions of Agreement shall include the Contract Documents. The Contract Documents are complementary,and what is required by one shall be binding as if required by all. In the event of any conflict among the Contract Documents, the Contract Documents shall govern in the following order: (1) Modifications in writing and signed by both parties, including any Change Orders; (2) Standard Form of Agreement; (3) Special Conditions of Agreement; (4) General Conditions of Agreement, including Attachment No. 1 - Workers' Compensation Insurance Coverage, Attachment No. 2 Agreement for Final Payment and CONTRACTOR'S Sworn Release,and Attachment No. 3 -Owner's Insurance Requirements of Contractor; (5) Addenda, if any; (6) Plans and Specifications referenced or included in the Project Manual; (7): Instructions to Bidders; (8) Bid Proposal; and (9) Exhibits: The following Exhibits, attached hereto, are incorporated herein, and are a of this Contract 05/2008 00700- 1 of 36 CITY.OF PEARLAND GENERAL CONDITIONS OF AGREEMENT In the event a conflict or inconsistency remains between or within the Plans and Specifications or other Contract Documents, or the Contract Documents and applicable standards, codes and ordinances, CONTRACTOR shall provide the . greater quantity or better.. quality, or CONTRACTOR shall comply with the more stringent requirements, as determined by ENGINEER Terms or phrases used in the Contract Documents with a well-known technical or construction industry meaning shall have such recognized meanings.' References to standards, specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, shall mean the latest in effect on the effective date of the Contract,unless otherwise stated in the Contract Documents. 1 .03 SUBCONTRACTOR. The term "subcontractor", as employed herein, includes those entities having a contract with the CONTRACTOR or a subcontractor for performance of work on the Project with a value meeting or exceeding 10% of the Contractor's TOTAL BASE BID fora the work contemplated by these Contract Documents. OWNER shall have no responsibility to any subcontractor for performance of work on the Project contemplated by these Contract Documents, and any such subcontractor shall look exclusively to CONTRACTOR for any payments due subcontractor. 1.04 WRITTEN NOTICE. Written Notice shall be deemed to have been duly served if. delivered in person to the individual or to a partner of the partnership or joint venture, or to an officer of the corporation or company for whom it is intended, or if delivered at or sent by Certified Mail, Return.Receipt.Requested, to the last known business address or registered office of such individual, partnership, .joint venture or corporation or company,or to the address for giving notices listed in the Standard Form of Agreement. 1.05 WORK. Unless otherwise stipulated, the CONTRACTOR shall provide and pay for all. materials, supplies, machinery, equipment, tools, superintendence, labor, services, insurance, and all water, light, power, fuel, transportation and all other facilities or services of any nature. whatsoever necessary for the execution and completion of the Work described.in the Standard Form of Agreement. Unless otherwise specified, all.materials shall be.new, and both: workmanship and materials shall be of good quality. The CONTRACTOR shall, if required by the ENGINEER as representative of the OWNER, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well-known, technical or trade meaning shall be_held to refer to such recognized standards. All work shall be done and all materials shall be furnished in strict conformity with the Contract Documents. 1.06 EXTRA WORK. The term "Extra Work", as used in this Contract, shall be understood to mean and include all work that may., be required by the ENGINEER as representative of.the OWNER, to,be.done by the CONTRACTOR to accomplish any change, alteration or addition to the work shown upon the plans. Extra work shall be authorized in writing by the ENGINEER prior to commencement. 05/2008 00700-2 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 1.07 WORK DAY: As used herein, a "Work Day"is defined as any Monday through (1°'\, Friday,not a legal holiday, and any Saturday or Sunday specifically approved by the OWNER, in which the CONTRACTOR can perform six or more hours of work per the current construction schedule. CONTRACTOR agrees to request specific approval from the Construction Manager,in advance, to perform work on Saturdays or Sundays and in so doing agrees to pay all charges and costs for Inspection and or Construction Management services required during the performance of any such approved work. 1.07-1 RAIN DAY: As used herein, is defined as any WORK DAY during which weather related conditions prevent the CONTRACTOR from performing four (4) or more consecutive hours of work on critical path items as identified in the current construction. schedule. CON TRACTOR shall record Rain Days on the Pay Application each month for the review and possible approval by the OWNER. The approved Rain Day is then added to the Contract Time. (See 1.12 Contract Time below) 1.07-2 IMPACT DAY: As used herein, is a day that is added to the CONTRACT TIME by the OWNER by Change Order to extend the Contract Time by one full Work Day. (See 1.12 Contract_ Time below) Impact Days, once approved by the OWNER, shall extend the Contract Time on a one-to-one basis to replace a Work Day lost to conditions that prevented the CONTRACTOR from performing four 4 or more consecutive hours of work on:critical path items. Impact Days are added to the Contract Time by Change,Order only at the end of the work and then only if, in the opinion of the OWNER, a time extension is warranted due to delays beyond the control of the Contractor and required to complete the work within the Contract Time. (7 1.08 .CALENDAR DAY. A "calendar day" is any.da of the week, month, or year no Y Y days being excepted. Unless otherwise expressly provided, all references to "day(s)" shall mean calendar day(s). 1 .09 SUBSTANTIALLY COMPLETED: The terms "Substantially .Completed", or "Substantially Complete" or "Substantial Completion" as used in this Contract, shall mean that all major process components of the facility or work have been made suitable for use or occupancy, including appropriate documentation from the equipment suppliers that all of the individual components have been installed in accordance with the specifications and manufacturer's recommendations,the installations have been approved by the ENGINEER and the_items have met the start-up and testing requirements of the contract documents or is deemed to be in a condition to serve its intended purpose or requires only minor miscellaneous work and adjustment to achieve Final Completion and Acceptance as determined by the ENGINEER. Upon compliance with the above referenced criteria, ENGINEER shall issue a Certificate of Substantial Completion. PARTIAL SUBSTANTIAL COMPLETION: designation will be given on components of the Work that must be placed into service prior to the completion of the entire Work. The contractor's One Year Warranty period for these items shall begin on the date of Partial Substantial Completion as designated by the ENGINEER. The ENGINEER shall determine and make all such designations. 05/2008 00700 3 of 36 CITY OF PF,ARLAND GENERAL CONDITIONS OF AGREEMENT 1.10 INTERPRETATION OF WORDS AND PHRASES. Whenever the words Cah', "directed", "permitted", "designated", "required", "ordered", "considered necessary "prescribed" or words of like import are used,it shall be understood that the direction,requirement,permission, order, opinion designation or prescription of the ENGINEER as the OWNER's representative is intended. Similarly, the words "approved", "acceptable", "satisfactory" or words of like import shall mean that no exception is taken by ENGINEER, but does not relieve CONTRACTOR of responsibility for compliance with the Contract Documents. Whenever in the Specifications or Drawings of the Contract Documents, the terms of description of various qualities relative to finish, workmanship or other qualities of similar kind which cannot, from their nature, be specifically and clearly described and specified, but are necessarily described in general terms, the fulfillment of which must depend on individual judgment, then,m all such cases, any question of the fulfillment of said Specifications shall be decided by the ENGINEER as the OWNER's representative, and said work shall be done in accordance with his interpretations of the meaning of the words, terms or clauses defining the character of the work. 1.11 REFERENCED STANDARDS. No provision of any referenced standard specification, or manual shall be effective to change the duties and responsibilities of the Owner, Engineer, Contractor, or their consultants, employees, or representatives from those set forth in the Contract Documents, nor shall it be effective to assign to the Engineer or its consultants, employees, _or representatives any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibilities contrary to provisions of the Contract Documents. 1.12 CON TRACT TIME The term Contract Time as used herein refers to the number of Calendar days provided to complete the work or the date, stated in the Agreement: (i)to:achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as . .. evidenced by ENGINEER's written recommendation of final payment in accordance with Paragraph 6.09 and as modified as a result of any authorized Extensions. The established Contract Time includes 40 Rain Days per year, based on the average number of rain days per year for the period of June 1898 to December 1996 as recorded by the Alvin Weather Center Record. The Contract Time shall only be extended by (a) the addition of Rain Days equal to the number of actual Rain Days in excess of 40 days per year and (b) the. number of Impact Days granted for delays, in the opinion of the Owner,.beyond the control of the Contractor. The extension of the Contract.Time shall be the CONTRACTOR's sole and exclusive remedy for delays. 05/2008 00700-4 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT. 2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER 2.01 NO WARRANTY OF DESIGN. It is understood that the OWNER MAKES NO WARRANTY OF THE ADEQUACY, ACCURACY OR SUFFICIENCY OF.THE PLANS AND SPECIFICATIONS OR ANY OTHER DESIGN DOCUMENTS, AND. OWNER HEREBY EXPRESSLY DISCLAIMS ANY SUCH WARRANTY, EXPRESSED OR IMPLIED. Prior to commencing each portion of the Work, CONTRACTOR shall carefully study and compare the relevant Contract Documents, shall observe conditions at the site affecting the Work, and shall take field measurements of existing conditions related to the Work. Any errors, omissions or .. inconsistencies in the Contract Documents noted by.the CONTRACTOR, and/or any variance between the Contract Documents and applicable codes, standards or ordinances, shall be promptly reported by CONTRACTOR to ENGINEER in writing as a Request for Information. CON TRACTOR shall not proceed with the affected portion of the Work until it receives ENGINEER's written response to such Request for Information, and then only in accordance with ENGINEER's response. If CONTRACTOR fails to perform its obligations under this paragraph,. CONTRACTOR.shall pay such costs and damages to OWNER as would have been avoided if CONTRACTOR had reported any errors, omissions, inconsistencies or variances in the Contract Documents noted by CONTRACTOR or which should have been noted by a careful study of the Contract.Documents. CONTRACTOR shall comply with the Contract Documents, all approved modifications thereof and additions and alterations thereto approved in writing by.the OWNER. The burden of proof of such compliance shall be upon the CONTRACTOR to show that he has. complied with the requirements of the Contract Documents and approved modifications thereof and all approved additions and alterations,.thereto, as the same shall have been interpreted.by.the (0"'N, • ENGINEER. 2.02 . RIGHT OF ENTRY. The OWNER reserves the right to enter the property or location on which the work herein contracted for is to be performed, constructed or installed, for itself or:such agent or agents as it may select, for the purpose of inspecting the work, or for the purpose of performing, constructing or installing such collateral work as the OWNER may desire. The OWNER shall have the right to make inspections at all reasonable times, and the CONTRACTOR hereby waives any claims for extension of time and/or compensation for any loss or damage if his work shall be delayed by reason of such inspection, performance, construction or installation of collateral work. 2.03 . OWNERSHIP OF DRAWINGS. All drawings, specifications and copies thereof furnished by the OWNER shall not be reused on other work and, with the exception of the sets forming the part of the signed Contract Documents, are to be returned to the OWNER on request at the completion of the Work. All drawings and models are the property of the OWNER. 2.04 CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that the Owner may make such changes and alterations, additions and deletions as the OWNER.may see fit, in the Work, including but not limited to changes in line, grade, form, dimensions, plans or specifications for the Work.herein contemplated, or any part thereof, either before or after the beginning of construction, without effecting the validity of this Contract and the corresponding Performance and Payment Bonds. (11.*‘' 05/2008 00700-5 of36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT If such changes or alterations or deletions diminish the quantity or the value of the Work to be done,they shall not constitute the basis for a claim for compensation or damages,including lost or anticipated profits on the Work that may be affected. If the amount of Work is increased and the work can fairly be classified under the specifications,such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this Contract, otherwise, such additional work shall be paid for as provided under Article 7 hereof for Extra Work. In case the OWNER shall make such changes or alterations as shall make .useless any Work already done or material already furnished or used in said Work,then the OWNER shall compensate the CONTRACTOR for any material or labor so used and for any actual loss occasioned by such change due to actual expenses incurred in preparation for the Work as originally planned. 2.05 DAMAGES. In the event the OWNER is damaged in the course of the work by the act, negligence, omission, mistake or default of the CONTRACTOR, .or should the CONTRACTOR unreasonably delay the progress of the work being done by others on the job so as to cause loss for which the OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss. 3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 3.01 OWNER-ENGINEER RELATIONSHIP. The ENGINEER shall serve as the OWNER'S representative during construction. The duties, responsibilities and limitations on the authority of the ENGINEER as the OWNER's representative during construction are set forth in the Contract Documents; and the ENGINEER shall not have authority to extend the OWNER's liability or to bind the OWNER for any additional liability of any nature whatsoever without the written consent of the OWNER. Any communications by the OWNER to the CONTRACTOR regarding the Work shall be issued through the ENGINEER. It is the intent of this Agreement that there shall be no delay in the execution of the Work; therefore, written decisions or. directions rendered by the ENGINEER as the OWNER's representative shall be promptly carried out, and any claim arising therefrom shall be resolved as provided in Article 7. Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the ENGINEER shall have the authority to issue written stop work orders whenever such stoppage may be necessary to insure the performance of the Work in accordance with the Contract Documents. 3.02 KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE. The ENGINEER shall furnish the CONTRACTOR with four(4) copies of all Plans and Specifications without expense to the CONTRACTOR, and the CONTRACTOR shall keep one full size copy of the same constantly accessible on .the job site, with the latest revisions noted thereon. The CONTRACTOR shall be responsible for preserving the Plans and. Specifications, timely and accurately updated, for reference and review by the OWNER or the ENGINEER and submittal of redlines during closeout. (sh'i 05/2008 00700-6 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 3.03 PRELIMINARY APPROVAL. The ENGINEER.shall not have the power to waive the obligations imposed under this Contract for the furnishing by the CONTRACTOR of new material of good quality, and for good and workmanlike performance of the Work as herein described, and in full accordance with the Contract Documents, without alteration, deletion or change. No failure or omission of the ENGINEER to discover, object to or condemn any non- conforming or defective work or material, or to stop work, shall release the CONTRACTOR from the obligation to fully and properly perform the Contract, including without limitation, the obligation to at once tear out, remove and properly replace any defective work or material at any time prior to final acceptance, upon discovery of such non-conforming or defective work or material. Any questioned Work may be ordered taken up or removed .for inspection by the ENGINEER prior to final acceptance, and if found not to be in accordance with the Contract Documents, all expense of removing, inspection and repair or replacement shall be borne by the CONTRACTOR; otherwise the expense thus incurred shall be allowed,as Extra Work and shall be paid for by the OWNER, provided that where inspection or approval is specifically required by the Specifications prior to performance of certain work, should the CONTRACTOR proceed with such work without requesting prior inspection or approval, he shall bear all expense of taking up, removing and replacing this work if so directed by the ENGINEER. 3.04 INSPECTION BY ENGINEER. The ENGINEER shall make periodic visits to the site to observe the progress and quality of the executed Work and to determine if such Work generally meets the essential performance and design features and the technical, functional mid/or engineering requirements of the Contract Documents, and is in all other respects being performed in compliance with the Contract Documents. However, the ENGINEER shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on-site inspections to check the quality and/or quantity of the work, nor shall the ENGINEER be in any way responsible, directly or indirectly, for the construction means, methods, techniques., sequences, quality, procedures, programs, safety precautions or lack of same incident to the Work being performed or any part thereof. The ENGINEER shall use reasonable care to prevent deviation from the intent and substance of the Contract Documents by the CON TRACTOR in the performance of the Work and any part thereof and, on the basis of such on-site observations,will keep the OWNER informed of the progress of the work and will endeavor to guard the OWNER against defects and deficiencies in the Work of the CONTRACTOR. Notwithstanding any other provision of this Agreement or any other Contract Document, the ENGINEER shall not be in any way responsible or liable for any acts, errors, omissions or negligence of the CONTRACTOR, any subcontractors, agents, servants or employees or any other person, firm or corporation performing or attempting to perform any of the Work. 05/2008 00700-7 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 3.05 DETERMINATION OF QUESTIONS AND DISPUTES In order to prevent ("4\, delays and disputes and to discourage litigation, it is agreed that the ENGINEER shall,in all cases,. determine the quantities andqualities of the several kinds of Work, which are to be paid for under this Contract. The ENGINEER shall determine all questions in relation to said Work and the construction thereof, as well as all claims, disputes and other matters in question between the CONTRACTOR and the OWNER -relating to the execution or progress of the Work or the interpretation of the Contract Documents. In the event the ENGINEER shall become aware of or shall receive information that there is a dispute or a possible dispute as to the reasonable interpretation of the terms and conditions of the Contract Documents, or any other dispute or question, the ENGINEER shall, within a reasonable time, provide a written interpretation of the Contract Documents or a written decision on all questions arising relative to the execution of the Work, copies of which shall be delivered to all parties to the Contract. If the CONTRACTOR or OWNER desires to take exception to any directions, order, interpretation or instructions of the ENGINEER, CONTRACTOR or OWNER shall present any such claim to the ENGINEER in accordance with the provisions of Section 7.04. 3.06 RECOMMENDATION OF PAYMENT. The ENGINEER shall :review the CONTRACTOR's application for payment and supporting documents, shall determine the amount owed to the CONTRACTOR and shall provide written recommendation to the OWNER for payment to the CONTRACTOR in such amount. Such recommendation of payment to CONTRACTOR shall constitute a representation to the OWNER of the ENGlNEER's judgment that the work has progressed to the point indicated, to the best of his knowledge, information and belief; however, such recommendation of an application for payment to CONTRACTOR shall not be deemed an acceptance of any defective or non-conforming Work. Any recommendation of payment by the ENGINEER shall be subject to;OWNER's rights to withhold payment under Section 6.11 and as otherwise provided in the Contract. 4.0 RIGHTS AND RESPONSIBILITIES OF THE.CONTRACTOR 4.01 INDEPENDENT CONTRACTOR. CON TRACTOR is, and shall remain, an independent contractor, solely responsible for the manner and method of completing the Work under this Contract, with full and exclusive power and authority to direct, supervise and control his own employees and to determine the means, method and manner of performing such Work, so long as such methods comply with the requirements of the Contract Documents, and do not adversely affect the completed improvements or any other property abutting or adjoining the Work area, the OWNER and ENGINEER being interested only in the result obtained and conformity of such completed improvements to the Plans, Specifications and Contract Documents. The fact that the OWNER or ENGINEER as the Owner's representative shall have the right to observe CONTRACTOR's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the OWNER and the ENGINEER hereunder, is not intended to and shall not at any time change or affect the status of the CONTRACTOR as an independent contractor with respect to either the OWNER or the ENGINEER as the OWNER's representative or to the CONTRACTOR's own employees or to any other person,firm or corporation. 05/2008 00700 8 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.02 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the (.6.'1 CONTRACTOR has, by careful examination,satisfied himself as to the nature and location of the Work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed preliminary to and during the prosecution of the Work, the general and local conditions, including but not limited to weather, access, lay down and storage areas, and all other matters which in any way affect the Work under this Contract. It is further understood that the CONTRACTOR has satisfied himself as to the terms, meaning, intent and requirements of all of the Contract Documents, and applicable laws, codes, regulations and ordinances. CONTRACTOR hereby warrants and represents that it has taken into consideration all of the foregoing factors, and CONTRACTOR shall perform the Work for the Contract Price and within the Contract Time. No verbal agreement or conversation with any officer, agent or employee of the OWNER or the ENGINEER, either before or after the execution of this Contract; shall affect or modify any of the terms or obligations herein contained. 4.03 LAWS AND ORDINANCES. The CONTRACTOR shall at all times observe and comply with all federal, state or local laws, codes, ordinances,permits and regulations, regardless of whether the same are adopted before or after the execution of this Contract, which in any manner affect the Contract or the work, and shall indemnify, save and hold harmless the OWNER and the ENGINEER against any claim arising out of the violation of any such laws,ordinances and regulations, whether by the.CONTRACTOR or his agents, employees, subcontractors or vendors; If the CONTRACTOR observes that the Plans and Specifications are at variance with federal or state laws or codes or the ordinances or regulations of the City, he shall promptly notify. the ENGINEER in writing, and any necessary changes shall be made as provided in the Contract (.16''' for changes in the work. If the CONTRACTOR performs any work knowing it to be contrary to such laws, codes, ordinances, rules or regulations, or if CONTRACTOR reasonably should have. known of any such violation, and without such notice to the ENGINEER, CONTRACTOR shall bear all costs arising therefrom. The OWNER is a Political Subdivision of the State of Texas, and the law from which it derives its powers, insofar as the same regulates the objects for.which, or the manner in which, or the conditions under which the OWNER may enter into contracts, shall be controlling and shall be considered as part of this Contract to the same effect as though embodied herein.: Neither the act of OWNER entering into this Contract, nor OWNER's performance hereunder, shall constitute a waiver of any immunity from suit enjoyed by OWNER under applicable law, all such rights and defenses being hereby expressly reserved, notwithstanding any term or provision herein to'the contrary. The Code of Ordinances and other applicable regulations of the OWNER shall be deemed to be embodied in this Contract. The prevailing wage rates applicable to this Project shall be either Document 00811 -Wage Scale for Engineering Construction, or Document.00813 —Wage Scale for Building Construction, or both, as set out in the Project Manual. 05/2008 00700-9 of 36 CITY OF PEARLAND:. GENERAL CONDITIONS OF AGREEMENT 4.04 ASSIGNMENT AND SUBLETTING. The CONTRACTOR further agrees that he Ca.'', will retain personal control and will give his personal attention to the fulfillment of this Contract and that t..he will not assign, by power of attorney or otherwise, or sublet said Contract, or any rights, duties or obligations arising thereunder, in whole or in part, without the prior written consent of:the OWNER, and that no part or feature of the Work will be sublet to anyone objectionable to the ENGINEER or the OWNER. In addition, the OWNER reserves the right.to disapprove the subletting of this Contract or any portion hereof on any basis whatsoever: The CONTRACTOR further agrees that the subletting of any portion or feature of the Work ::or materials required in the performance of this Contract shall not relieve the CONTRACTOR from his obligations to the OWNER, as provided for by this Agreement: 4.05 PERFORMANCE,PAYMENT AND MAINTENANCE BONDS. In the event.the Contract Price shall be in excess of $25,000.00, the CONTRACTOR shall execute separate Performance,Payment and Maintenance Bonds, each in the sum of one hundred percent(100%) of the Contract:Price, and each in accordance with the provisions of Chapter 2253 of the Texas Government Code. If the Contract Price does not exceed $25,000.00, the statutory bonds will not be required. All required Bonds shall be payable to OWNER and on forms approved by the OWNER, and shall be executed by a corporate surety in accordance with Article 7.19-1 of the Texas Insurance Code. It is agreed.that the. Contract shall not be in effect until such original Performance, Payment and Maintenance Bonds are,delivered to and approved by the OWNER. The cost of the premium for the Performance, Payment and Maintenance Bonds shall be-included in the CONTRACTOR's Bid Proposal. 4.06 INSURANCE. The CONTRACTOR, at his own expense, shall procure,maintain and keep in force throughout the duration of the Work, and throughout the Guarantee-Period, insurance as specified in Attachment No. 1 hereto with'regard to Workers' Compensation Insurance, and as specified in Attachment No. 3 hereto with regard to all other Insurance. Such insurance shall be carried with an insurance company licensed to transact business hi the State of Texas and shall cover all operations in connection with this Contract, whether performed by the CONTRACTOR or a subcontractor,or others for whom CONTRACTOR is responsible. 4.07_ PERMITS AND FEES.Unless otherwise provided in the Contract Documents,the Contractor shall secure and pay for all permits, licenses, and inspections necessary for proper execution and completion of the Work, and which are legally required at the time bids are received. Permits required by the City of Pearland will be issued as a NO FEE permit. 4.08 TEXAS STATE SALES TAX. Materials incorporated into this project are exempt from State Sales according to provisions of the Texas Tax Code, Chapter 151, Subsection H. The Contractor must obtain a limited sales, excise and use tax permit or exemption certificate which shall enable him to buy the materials to be incorporated into the Work without paying tax at due time of purchase.. 05/2008 00700- 10 of 36 • CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.09 CONTRACTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of this Contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants,all satisfactory to the ENGINEER as the OWNER'S representative. The .superintendent shall represent the CONTRACTOR in his absence and shall act as the agent of the CONTRACTOR, and all directions given to him shall be binding as if given to the CONTRACTOR. Adequate supervision by competent and reasonable representatives of the CONTRACTOR is essential to the proper performance of the Work, and lack of such supervision shall be an act of default, and grounds for suspending operations of the CONTRACTOR. The Work, from its commencement to completion, shall be under the exclusive charge and control of the CONTRACTOR, and all_ risk in connection. therewith shall be borne by the CONTRACTOR. Neither the.OWNER nor the ENGINEER as the OWNER's representative will be responsible for the acts or omissions of the CONTRACTOR, its subcontractors or any.of its agents or employees, or any other persons performing any of the Work. 4.10 CHARACTER OF WORKERS. The CONTRACTOR agrees to employ only orderly and competent workers, skillful in the performance of the type of work required under this Contract, to do the Work, and agrees that whenever the ENGINEER shall inform him in writing that any worker or workers on the Work are, in his opinion, incompetent, unfaithful or disorderly, or in the ENGINEER's opinion, are not using their best efforts for the progress of the Work, such worker or workers shall be discharged from the Work and shall not again be, employed on the Work,without the ENGINEER's written consent. . OWNER reserves the right to.object to any proposed.subcontractor. 4.11 LABOR, EQUIPMENT, MATERIALS, CONSTRUCTION PLANT, AND BUILDINGS. The CONTRACTOR shall provide all labor, services, tools, equipment, machinery, supplies, facilities, utilities:and materials necessary in the prosecution and completion of this Contract where it is not otherwise specifically provided that the OWNER shall furnish same; and further, the CONTRACTOR shall be responsible for the care, preservation, conservation and protection of all materials, supplies,machinery, equipment,tools, apparatus, accessories, facilities, all means of construction and any and all parts of the Work, whether the CONTRACTOR has been paid, partially paid or not paid for such Work, until the entire Work is completed and accepted. The building or placement of structures for housing workers or offices, or the erection of tents or other forms of protection,will be permitted only with the ENGINEER's written permission, and at such places as the ENGINEER shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the ENGINEER. Any structures of any nature constructed, placed or erected by the CON IRACTOR for the purposes herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper erection, placement or construction thereof; and the CONTRACTOR agrees to indemnify and hold the ENGINEER or OWNER harmless from any' claims of any nature whatsoever brought against either of them for damages allegedly sustained by anyone by reason of the erection, placement, construction or maintenance of CONTRACTOR's buildings or structures. 05/2008 00700- 11 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.12 SANITATION.Necessary sanitary conveniences for the use of laborers and others on the Work site, properly secluded from public observation, shall be constructed and maintained` by the CONTRACTOR in such manner and at such points as shall be approved by. the ENGINEER,and their use shall be strictly enforced. Any structures of any nature constructed or erected by the CONTRACTOR for the purposes herein set out,shall be the sole responsibility of the CONTRACTOR as to the proper erection or construction thereof, and the CONTRACTOR agrees to indemnify and hold the ENGINEER and OWNER harmless from any claims of any nature whatsoever brought against either of them for damages allegedly sustained by anyone by reason of the erection, construction or maintenance of CONTRACTOR's buildings. 4.13 CLEANING AND MAINTENANCE. The CONTRACTOR shall at all times keep and maintain the premises free from accumulation of debris, trash and waste, and at the completion of the Work, he shall remove all such debris, trash and waste, and also his tools, scaffolding and surplus materials, and shall leave the Work broom-clean or its equivalent. The Work shall be left in good order and condition. In case of dispute, the OWNER may remove the debris,trash,waste and surplus materials, and charge the cost to the CONTRACTOR. 4.14 PERFORMANCE OF WORK. It is further agreed that it is the intent of this Contract that all Work must be done and all material must be furnished in accordance with the generally accepted practice for such materials furnished or work completed, unless otherwise provided in the Contract Documents. 4.15 RIGHT OF OWNER TO ACCELERATE THE WORK. If at any time the methods or equipment used by the CONTRACTOR, or the work force supplied are found to be inadequate to achieve the progress required to Substantially Complete the Work within the Contract Time, the OWNER or the ENGINEER as the OWNER's_representative, may order the CON TRACTOR in writing to supplement its forces and/or equipment,or work shifts or overtime, or otherwise improve its efficiency and rate of progress to achieve Substantial Completion of the Work within the Contract Time, and the CONTRACTOR shall comply with such order,at its own cost and expense. 4.16 LAYOUT OF WORK. Except as specifically provided herein, the CONTRACTOR shall be responsible for laying out work and shall accomplish this work in a manner acceptable to the ENGINEER and in conformance with the Contract Documents. 4.17 SHOP DRAWINGS. The CONTRACTOR.shall submit to the ENGINEER, with such promptness as to cause no delay in his own Work or in that of any other contractor, six (6) checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades. Contractor will check and approve shop drawings for compliance with requirements of Contract Documents and will so certify by stamp on each drawing prior to submittal to ENGINEER. Any drawings submitted without Contractor's stamp of approval will not be considered and will be returned to him for proper submission. The ENGINEER shall pass upon them with reasonable promptness, indicating desired corrections. 05/2008 00700- 12 of 36 CITY OF PEARLAND GENERAL.CONDITIONS OF AGREEMENT The CONTRACTOR shall make any corrections required by the ENGINEER, file with him two (1111"\, (2) corrected copies and furnish such other copies as may be needed. The ENGINEER's approval of such drawings or schedules shall not relieve the. CONTRACTOR from responsibility for g P tY deviations from the Contract Documents, unless he has, in writing, called the.ENGINEER's attention to such deviations at the time of the submission, and the ENGINEER has acknowledged and accepted such deviations in writing, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules.:It shall be the CONTRACTOR's responsibility to fully and completely review all shop drawings to ascertain:their effect on his ability to perform the required Contract Work in accordance with the Plans and Specifications and.Contract Documents, and within the Contract Time. Such review by the. ENGINEER shall be for the sole purpose of determining:the apparent sufficiency of said drawings or schedules to result in finished improvements in conformity with the Plans and Specifications and Contract Documents, and shall not relieve the CONTRACTOR of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the ENGINEER does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during CONTRACTOR's performance hereunder, and any action taken by the ENGINEER shall not relieve the CONTRACTOR of his responsibility and liability to comply with the Contract Documents: 4.18 ENGINEER-CONTRACTOR RELATIONSHIP; OBSERVATIONS. It is agreed by the CONTRACTOR that the ENGINEER, as the OWNER's representative, shall be and is Cos" hereby authorized to appoint such subordinate engineers, representatives or observers as the said ENGINEER may from time to time deem proper to observe the materials furnished and the Work done under this Agreement. The CONTRACTOR shall furnish all reasonable aid and assistance required by the subordinate engineers, representatives or observers for the proper observation and examination of the work. The CONTRACTOR shall. regard and obey the directions and instructions of any.subordinate engineers, representatives or observers so appointed, when such directions and instructions are consistent with the obligations of.this Agreement and the Plans and Specifications and Contract Documents,provided,however, should the CONTRACTOR object to any orders by any subordinate engineer, representative or observer, the CON'I1'(ACTOR may, within three(3)days, make written appeal to the ENGINEER for his decision: 4.19 OBSERVATION AND TESTING. The OWNER or .the ENGINEER as the OWNER'S representative shall have the right at all reasonable times to observe,inspect and test the Work. The CONTRACTOR shall make all necessary arrangements and provide proper facilities and access for such observation, inspection and testing at any location wherever Work is in preparation or progress.. The CONTRACTOR shall ascertain the scope of any observation, inspection or testing which may be contemplated by the OWNER or the ENGINEER and shall give ample notice as to the time each part of the Work will be ready for such observation, inspection or testing. The OWNER or the ENGINEER may reject any Work found to be defective or not in accordance with the Contract Documents,regardless of the stage of its completion or the time or place of discovery of such deficiencies, and regardless of whether the ENGINEER has previously accepted the Work through oversight or otherwise. If;any Work is covered without cm...\ approval or consent of the OWNER,it must, if requested by the OWNER or the ENGINEER, be uncovered for examination, at the sole expense of the CONTRACTOR. In the event that any part of the Work is being fabricated or manufactured at a location where it is not convenient for the OWNER or the ENGINEER to make observations of such Work or require testing of said Work, 05/2008 00700- 13 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT then in such event, the OWNER or the ENGINEER may require the CONTRACTOR to furnish (11*'\ the OWNER or the ENGINEER with certificates of inspection, testing or approval made by independent persons competent to perform such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable:organization as may be required by law or the Contract Documents. If any Work, which is required to be inspected, tested or approved, is covered up without written approval or consent of the OWNER or the ENGINEER, it must,if requested by the OWNER or the ENGINEER, be uncovered for observation and testing, at the sole .expense of..the CONTRACTOR. The cost of all such inspections,tests and approvals shall be borne by.the CONTRACTOR unless otherwise provided herein. Any Work which fails to meet the requirements of such tests, inspections or approval, and any Work which meets the requirements of any such tests or approval but does not meet the requirements of the Contract Documents shall be considered defective. Such defective Work and any other work affected thereby shall be corrected at the CONTRACTOR'S expense. Neither observations by the OWNER or by the ENGINEER, nor inspections, certifications, tests or approvals made by the OWNER, the ENGINEER or other persons authorized under this Agreement to make such inspections, tests or approvals, shall relieve the CONTRACTOR from his obligation to perform the Work in accordance with the requirements of the Contract Documents. 4.20 DEFECTS AND THEIR REMEDIES. It is further agreed that if the Work or any Cimb\ part thereof or any material brought on the site of the Work for use in the Work or selected for the same, shall be deemed by the ENGINEER as unsuitable or not in conformity with the Plans and Specifications or Contract Documents, the CONTRACTOR shall, after receipt of written notice thereof from the ENGINEER, forthwith remove such material and rebuild or otherwise remedy such Work so that it shall be in full accordance with this Contract, It is further agreed that any such remedial action contemplated herein shall be at CONTRACTOR's expense. 4.21 LIABILITY FOR PROPER PERFORMANCE. Engineering construction drawings and specifications, as well as any additional instructions and information concerning the Work to be performed, passing from or through the ENGINEER, shall not be interpreted as requiring or allowing the CONTRACTOR to deviate from the Plans and Specifications or the Contract Documents, the intent of such drawings, specifications and any other such instructions being to define with particularity the agreement of the parties as to Work the CONTRACTOR is, to perform. CONTRACTOR shall be fully and completely liable and contractually bound, at his own expense, for design, construction, installation and use or non-use of.all items and methods instant to the performance of the Contract, including, without limitation, the adequacy of all temporary supports, shoring, bracing,scaffolding,machinery or equipment, safety precautions or devices, similar items or devices used by him during construction, and work performed either directly or incident to construction, and for all loss, damage or injury incident thereto, either to person or property, whether such damage be suffered by the ENGINEER, the OWNER or;any other person not a party to this Contract. 05/2008 00700- 14 of 36 CITY OF PEARLAND . GENERAL CONDITIONS OF AGREEMENT Any review of Work in progress or any visit or observation during construction, or any clarification of Plans and Specifications or Contract Documents by the ENGINEER or OWNER, or any agent, em to employee or representative 'of either of them,whether throughpersonal observation P Y r P on the Project site or by means of approval of shop drawings for construction or construction. processes, or.by other means or methods, is agreed by the CONTRACTOR to be for the purpose of observing the extent and nature of Work completed or being performed, as measured against the Plans and Specifications : and Contract Documents, or for the purpose of enabling the CONTRACTOR to more fully understand the Plans•and Specifications.and Contract Documents so that the completed construction Work will conform thereto, and shall in no way relieve the CONTRACTOR from full and complete responsibility for proper performance of his Work on the Project,including, without limitation, the propriety of means and methods of the CONTRACTOR in performing said Contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance. Any action by the ENGINEER or the OWNER in visiting or observing during construction, or any clarification of Plans and Specifications or Contract. Documents shall not constitute a waiver of CONTRACTOR'S liability for damages as herein set out. Deviation by the CONTRACTOR from Plans and Specifications or Contract Documents, whether called to the CONTRACTOR's attention or not, shall in no way relieve CONTRACTOR from his responsibility to complete all work in accordance with said Plans and Specifications and Contract Documents, and:further shall not relieve CONTRACTOR of his liability for loss, damage or injury as herein set out 4.22 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC. The CON 1.RACTOR shall be solely responsible for the safety of himself, his employees and all Cii`` other persons, as well as for the protection of the improvements being erected and the property of himself or any-other person, as a result of his operations hereunder. The CONTRACTOR shall take out and procure a policy or policies of Workers' Compensation. Insurance with an insurance. company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The CONTRACTOR shall at all times exercise reasonable precautions for the safety of employees and others on or near the Work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. AlI machinery and equipment and other physical hazards shall be guarded, as a minimum, in accordance with the "Manual of Accident Prevention in Construction" of the Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The CONTRACTOR shall provide all necessary machinery guards, safe walkways, ladders, bridges, gangplanks, barricades, fences, traffic control, warning signs and other safety devices. No alcoholic beverages, non-prescription drugs, or unsafe practices will be allowed on the Work site. CONTRACTOR shall dismiss anyone participating in any of the above from the Work.site for the duration of the Project. Only prescription drug uses with a doctor's authorization to perform construction activities will be allowed on the Work site: Violation of this provision is a default under the Contract. The use, possession, sale, transfer, purchase or being under:the . influence of alcohol, drugs or any other illegal or unlawful substance by CONTRACTOR or CONTRACTOR's employees, or CONTRACTOR's subcontractors and employees at any time at the Work site or while,on company business is prohibited. CONTRACTOR shall institute and Cl'", enforce appropriate drug testing guidelines and program. • 05/2008 00700- 15 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT All accidents or injuries to CONTRACTOR's employees working on the job site must be reported (6"' verbally and in writing to the ENGINEER immediately, and within no more than eight(8)hours. The safety precautions actually taken and their adequacy shall be the sole responsibility.of the CONTRACTOR, in his sole discretion as an independent contractor. Inclusion of this paragraph in the Agreement, as well as any notice which may be given by the OWNER or the ENGINEER as the OWNER's representative concerning omissions under thus paragraph as the Work progresses, are intended as reminders to the CONTRACTOR of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the CONTRACTOR or.any of his subcontractors. 4.23 PROTECTION OF ADJOINING PROPERTY. The CONTRACTOR shall employ proper means to protect the adjacent or adjoining property or properties in any.way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent or adjoining property. THE CONTRACTOR AGREES TO INDEMNIFY, DEFEND, SAVE AND HOLD HARMLESS THE OWNER AND ENGINEER AGAINST ANY CLAIM OR CLAIMS FOR DAMAGES, LOSS, COSTS OR EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES,DUE TO ANY INJURY TO ANY ADJACENT OR ADJOINING PROPERTY, ARISING OR GROWING OUT OF THE PERFORMANCE OF THE CONTRACT, REGARDLESS OF WHETHER OR NOT SUCH DAMAGE, LOSS, COST OR EXPENSE IS CAUSED IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE OR STRICT LIABILITY OF OWNER AND/OR ENGINEER. 4.24 PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES. THE CONTRACTOR AGREES THAT HE WILL PROMPTLY PAY WHEN DUE, AND WILL INDEMNIFY, SAVE AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ALL CLAIMS GROWING OUT OF THE DEMANDS OF SUBCONTRACTORS, LABORERS, WORKERS, MECHANICS, MATERIALMEN AND FURNISHERS OF MACHINERY AND PARTS THEREOF, EQUIPMENT, POWER TOOLS AND ALL SUPPLIES, INCLUDING COMMISSARY, INCURRED IN THE FURTHERANCE OF THE PERFORMANCE OF THIS CONTRACT. When so desired by the OWNER, the CONTRACTOR shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the CONTRACTOR fails to do so, then the OWNER may; at the option of the OWNER, either pay directly any unpaid bills of which the OWNER has written notice, or withhold from the CONTRACTOR's unpaid compensation a sum'of money deemed reasonably sufficient to liquidate any and all such claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payments to the CONTRACTOR shall be resumed in full, in accordance with the terms of this Contract. Any and all communications between any parties under this paragraph shall be in writing. Nothing contained in this paragraph or this Agreement shall create, establish or impose any relationship, contractual or otherwise,between OWNER and any subcontractor,laborer or supplier of CON TRACTOR, nor shall-it create, establish or impose any duty upon OWNER to pay or to see to the payment of any subcontractor,laborer or supplier of CONTRACTOR. 05/2008 00700- 16 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.25: PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION. The CONTRACTOR shall pay all royalties and license fees and shall provide for the use of any design, device, material or process .covered by. letters patent or copyright, by suitable legal agreement with the patentee or owner thereof THE CONTRACTOR SHALL DEFEND ALL SUITS `OR CLAIMS :FOR INFRINGEMENT OF ANY PATENT OR COPYRIGHT AND SHALL INDEMNIFY, SAVE AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY LOSS OR LIABILITY ON ACCOUNT THEREOF, EXCEPT SUCH SUITS AND CLAIMS ARISING OUT OF A PARTICULAR DESIGN,DEVICE, MATERIAL OR PROCESS OR THE PRODUCT OF A PARTICULAR MANUFACTURER OR MANUFACTURERS SPECIFIED OR REQUIRED BY THE OWNER, PROVIDED, HOWEVER, IF CHOICE OF. ALTERNATE DESIGN, DEVICE, MATERIAL OR PROCESS IS ALLOWED TO THE CON TRACTOR, OR IF CON TRACTOR KNEW OR SHOULD HAVE KNOWN OF THE PATENT OR COPYRIGHT AND FAILED TO PROMPTLY NOTIFY OWNER IN WRITING, THEN .THE CONTRACTOR SHALL INDEMNIFY, DEFEND, SAVE AND. HOLD THE OWNER HARMLESS FROM ANY LOSS OR LIABILITY ON ACCOUNT THEREOF. 4.26 INDEMNIFICATION. THE CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND HOLD THE ENGINEER AND THE OWNER HARMLESS FROM ANY CLAIMS OR DEMANDS OF ANY NATURE WHATSOEVER MADE BY ANY EMPLOYEE, EMPLOYEES, AGENTS OR SUBCONTRACTORS OF CONTRACTOR, OR :BY ANY UNION, TRADE ASSOCIATION, WORKER'S ASSOCIATION OR OTHER GROUPS,. ASSOCIATIONS OR INDIVIDUALS, ALLEGEDLY REPRESENTING EMPLOYEES OF THE CON TRACTOR, IN ANY DISPUTE BETWEEN . THE CONTRACTOR AND . HIS EMPLOYEES, DIRECTLY OR INDIRECTLY INVOLVING, GROWING OUT OF OR Cumb\ ARISING FROM CLAIMS BY SUCH EMPLOYEES FOR WAGES, SALARY, COMPENSATION, BENEFITS, WORKING CONDITIONS OR ANY OTHER SIMILAR COMPLAINT OR CLAIM WHICH MAY BE MADE. THE CONTRACTOR, HIS SURETIES AND INSURANCE CARRIERS SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE OWNER AND THE ENGINEER AND.THEIR. RESPECTIVE OFFICERS, REPRESENTATIVES, AGENTS AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, CLAIMS, LOSSES, DEMANDS, SUITS, LIABILITIES, JUDGMENTS AND COSTS . OF ANY CHARACTER WHATSOEVER, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES, AND SHALL BE REQUIRED TO PAY ANY JUDGMENT THEREFOR, WITH COSTS, .WHICH :MAY BE OBTAINED AGAINST THE OWNER AND/OR THE ENGINEER OR ANY OF THEIR. OFFICERS, REPRESENTATIVES, AGENTS OR EMPLOYEES, ARISING OUT OF OR RESULTING FROM OR ALLEGEDLY ARISING OUT OF OR RESULTING FROM THE PERFORMANCE OF THE WORK, PROVIDED THAT ANY SUCH DAMAGES, CLAIM, LOSS, DEMAND, SUIT, LIABILITY, JUDGMENT, COST OR EXPENSE:.. (A) ARISES OUT OF OR RESULTS FROM IN WHOLE OR IN PART, OR ALLEGEDLY ARISES OUT OF OR RESULTS FROM IN WHOLE OR IN PART, ANY BREACH OF _ THIS AGREEMENT OR BREACH OF WARRANTY BY CONTRACTOR; OR 05/2008 00700-17 of 36 CITY OF PEARLAND GENERAL_CONDITIONS.OF AGREEMENT (B) IS ATTRIBUTABLE TO. BODILY INJURY, SICKNESS, DISEASE OR DEATH OR INJURY TO OR DESTRUCTION OF TANGIBLE PROPERTY, INCLUDING THE LOSS OF USE RESULTING THEREFROM;AND IS CAUSED IN WHOLE OR IN PART OR IS ALLEGEDLY CAUSED lN WHOLE OR IN PART BY ANY NEGLIGENT ACT OR OMISSION OF THE CONTRACTOR, ANY SUBCONTRACTOR, THEIR::. AGENTS OR. EMPLOYEES OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY ONE OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, REGARDLESS OF WHETHER OR NOT IT IS CAUSED IN PART OR ALLEGEDLY CAUSED IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE OR STRICT LIABILITY OF OWNER, ENGINEER AND/OR A PARTY INDEMNIFIED HEREUNDER. Notwithstanding the foregoing or anything in the Agreement to the contrary, in accordance with the provisions of Section 130.002 of the Texas Civil Practice and Remedies Code, CONTRACTOR shall not be obligated to indemnify or hold harmless the ENGINEER, his agents, servants or employees, from liability for damage that is caused by or results from defects in plans, designs or specifications prepared, approved or used by the ENGINEER, or negligence of the ENGINEER in the rendition or conduct of professional duties called for or arising out of any construction contract and the plans, designs or specifications that are a part of the construction contract, and arises from personal injury or death, property injury, or any other expense that arises from personal injury, death, or property injury. Cilh This indemnity agreement is a continuing obligation, and shall survive notwithstanding completion of the Work, Final Payment, expiration of the warranty period, termination of the Contract, and abandonment or takeover of the Work. CONTRACTOR's indemnification obligations hereunder shall not be limited by .a limitation on amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or a subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts, and shall not be limited by any limitation on amounts or coverage of insurance provided or to be provided under this Contract. 4.27 LOSSES FROM NATURAL CAUSES. All loss, cost, expense or damage to the CONTRACTOR arising out of the nature of the Work to be done or from any unforeseen circumstances in the prosecution of the same, or from the action of the elements, or from unusual obstructions or difficulties which may be encountered in the prosecution of the Work, shall be sustained and borne by the CONTRACTOR at his own cost and expense. 4.28 GUARANTEE. The CONTRACTOR hereby guarantees all the Work under the Contract to be free from defects or deficiencies in material in every particular and free from defects or deficiencies in workmanship; and against unusual damage from proper and usual use; and agrees to replace or to re-execute without cost to the OWNER such Work as may be found to be defective, deficient or otherwise not in conformance with the Contract Documents, and to make good all damages caused to other work or material, due to such defective Work or due to its required replacement or re-execution. This guarantee shall cover a period of one year from the date of Substantial Completion or Partial Substantial Completion of Work under the Contract,as evidenced by the Certificate of Substantial Completion. Neither the Certificate of Substantial 05/2008 00700- 18 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Completion, Final Payment, nor any provision in the Contract Documents. shall relieve the Cilb.`' CONTRACTOR of the responsibility for defective, deficient.or non-conforming material or workmanship during the period covered by the guarantee The one-year period of guarantee will not limit the OWNER'S other rights under common law with respect to any defects, deficiencies or non-conforming Work discovered after one year: If this one-year guarantee conflicts with other warranties or guarantees,the longer period of warranty or guarantee will govern. 5.0 PROSECUTION AND PROGRESS 5.01 TIME AND ORDER OF COMPLETION. 'It is the meaning and:intent of.this Contract, unless otherwise herein specifically provided,that the CONTRACTOR shall be allowed to prosecute his Work at such times and seasons, in such order of precedence,and in such manner as shall be most conducive to economy of construction;provided, however, that the order and the time of prosecution shall be such that the Work shall be.Substantially Completed as a whole and in .part, in accordance with this Contract and the. Contract Time; provided, also, that when the OWNER is having other work done, either by contract or by his own forces,the.ENGINEER may direct the time and manner of constructing the Work done under this Contract,so that conflict will be avoided and the construction of the various works being done for the OWNER shall be harmonized, and the CONTRACTOR shall fully cooperate and coordinate its Work with OWNER or such other.contractors. The CONTRACTOR .shall submit, at such times as may reasonably be requested by the ENGINEER, schedules which shall show the,order in which the CONTRACTOR proposes to carry on the Work, with dates on which the CONTRACTOR will start the several parts of the(17 work, and estimated dates of completion of the several parts.. Such schedules shall show completion of the Work within the Contract Time, and/or shall show such recovery efforts as CONTRACTOR intends to undertake in the event Substantial Completion of the Work is delayed. 5.02 EXTENSION OF TIME. The CONTRACTOR agrees that he has submitted his Bid Proposal in full recognition of the time required for the completion of this Project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions as hereinafter set forth, and that he shall not be entitled to, nor will he request, an extension of time on this Contract, except when Substantial Completion of the Work has been delayed solely by any act.or neglect of the OWNER, the ENGINEER, or any employee of either, by other contractors employed by the OWNER,by any approved change in the Work,by strikes,lockouts, fires,Acts of God,or by any other cause which the ENGINEER shall decide justifies the delay. The CONTRACTOR shall give the ENGINEER prompt notice, in writing and within three (3) days of the start of any such delay, of the cause of any such delay, and its estimated effect on the Work and the schedule for completion of the Work. Upon receipt of a written request for an extension of the Contract Time from the CONTRACTOR, supported by relevant and all requested documentation, the ENGINEER shall submit such written request, together with his written recommendation, to the.OWNER for consideration. If the delay is not attributable in whole or in part to any act or omission of CON TRACTOR, its subcontractors or suppliers, and if the OWNER determines that CONTRACTOR is entitled to an extension of time under the terms of the Contract, the OWNER shall grant an extension of time for Substantial Completion of the Work, sufficient to compensate.for the delay, and such extension of time shall. . be CONTRACTOR's sole and exclusive remedy,except as may be otherwise provided herein. No extensions of Contract Time shall be made for delays occurring prior to the Contractor's mobilization as defined in Section 01505 MOBILIZATION. . 05/2008 00700-.19 of 36 CITY OF PEARLAND, GENERAL CONDITIONS OF AGREEMENT The Contract Time as defined in the Bid Proposal and other sections herein contains 40 Ch.' Rain Days: The CON I'RACTOR.is required to keep record of all weather related delays and to submit the monthly count on each Pay Application. The Owner's Representative shall review and sign off on this record as a part of the Pay Application approval process every month. If, during preparation of the Balancing Change Order, the status of the work progress requires an extension of the Contract Time, Impact Days shall be added to the Completion Date equal.to the total number of Weather or Impact Days approved less the original 40 days resident in the original Contract Time:.The Addition of Weather or Impact Days will only alter the Contract Time when added by Change Order. If the Work is completed prior to the.Completion Date,No Days will be added.. The addition of Weather or Impact Days shall be the CONTRACTOR's sole remedy for delays to the completion of the Work and their addition to the Contract Time shall not affect the Contract Price through any "per deim" adjustment to the General. Conditions costs, Temporary Facilities costs or any other costs associated with the extension of the Contract Time. 5.03. HINDRANCES AND DELAYS. In executing the Contract, the CONTRACTOR agrees that in undertaking to complete the Work within the time herein fixed, he has taken into consideration and made allowances for all interference, disruption,hindrances and delays incident to such Work, whether growing out of delays in securing material, workmen or otherwise. No claim shall be made by the CONTRACTOR for damages, loss, costs or expense resulting from Interference, disruption, hindrances or delays from any cause during the progress of any portion of the Work embraced in this Contract, except where the Work is stopped or suspended by order of the OWNER, or. the ENGINEER as the OWNER's representative, and such stoppage or suspension is not attributable to any act or omission of CONTRACTOR. CI"\ 5.04. SUSPENSION OF WORK. OWNER may, without cause, order the CONTRACTOR in writing to suspend the Work, in whole or in part, for such period of time as. OWNER may request. The Contract Price and/or Contract Time shall be adjusted for any increase in-the cost of or the time required for performance of the Work caused by such suspension. No adjustment shall be made to the extent performance was-or would have been suspended by a cause for which CONTRACTOR is responsible, or to the extent an adjustment is made or denied under another provision of the Contract Documents. 5.05 LIQUIDATED DAMAGES FOR DELAY: It is understood and agreed that time is. of the essence,and that the CONTRACTOR will commence the Work on the date specified - herein or in any Notice to Proceed, and will Substantially Complete the Work within the Contract Time. It is expressly understood and- agreed, by and between the CONTRACTOR and the OWNER, that the time for the Substantial Completion of the Work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The CON TRACTOR further agrees that a breach of this Contract as to completion on time will cause damage to the OWNER and that such damages cannot be accurately measured or that ascertainment will be difficult. Therefore, the parties agree that for each and every calendar day the Work or any portion thereof shall remain uncompleted after the expiration of the Contract Time, the CONTRACTOR shall pay, as liquidated damages and as a reasonable estimate of OWNER's damages, and not as a penalty,the amount set out in the Standard Form of Agreement. 05/2008 00700-20 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT However, the foregoing agreement as to liquidated damages constitutes only an agreement by the Climb`, OWNER and the CONTRACTOR as to the amount of damages which the OWNER will sustain by reason of the CONTRACTOR'S failure to complete the work within the Contract Time. Should the OWNER suffer damage by reason of any other breach by CONTRACTOR, the OWNER may recover such actual damages in addition to any liquidated damages due. The OWNER shall have the right to deduct and withhold the amount of any and all such damages whether it be the minimum amount stipulated above or otherwise, from any monies owing by it to said CONTRACTOR, or the OWNER may recover such amount from the.CONTRACTOR and the sureties of his bond; all of such remedies shall be cumulative and the OWNER shall not be required to elect any one nor be deemed to have made an election by proceeding to enforce any one remedy. 5.06 CHANGE OF CONTRACT TIME: The Contract Time may only be changed by a Change Order. Any claim for an adjustment of Contract Time shall be based on written notice delivered by the party making such claim to the other party and to the ENGINEER promptly, but in no event later than ten(10) days after the event-giving rise to the claim. Notice of the extent of the claim, along with supporting data, shall be delivered within thirty (30) days of the occurrence and shall be accompanied by the claimant's written representation that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in Contract Time shall be determined by the ENGINEER in accordance with the requirements of this paragraph. Contractor shall submit, as a minimum,the following data: (1.11.\ A. Information showing that the time requested is not included in the existing Contract and in addition to the Contract. • B. Information documenting that the number of days requested is accurate for the event. C. Revised, current construction schedule showing that the time requested affects the project's critical path. 5.07 DELAYS BEYOND OWNER'S AND CONTRACTOR'S CONTROL: Where CONTRA CTOR is prevented from completing any part of the Work within the Contract Time due to delays beyond the control of the OWNER and the CONTRACTOR, including, but not limited to, interference by utility owners or other contractors performing other work, Contractor shall be entitled to an extension of the Contract Time in an amount equal to the time lost. CONTRACTOR shall not be entitled to 'any increase in Contract Price as a result of such delays. IN NO EVENT SHALL OWNER BE LIABLE TO CON TRACTOR FOR DAMAGES ARISING OUT_OF OR RESULTING FROM (i) Delays caused by, or within the control of, the CONTRACTOR, or (ii) Delays beyond the control of both parties including, but not limited to, interference by utility owners or other contractors performing other work, fires, floods, epidemics, abnormal weather conditions, acts of God, even if such delays are due in part to the negligence, other fault, breach of contract or warranty, violation of the Texas Deceptive Trade Act, or strict liability without regard to fault of OWNER. An extension of Contract time shall be CONT'RACTOR's sole and exclusive remedy for any such delays. Delays attributed to, and within the control of, a Subcontractor or Supplier shall be • deemed to be delays within the control of the CONTRACTOR. 05/2008 00700-21 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6.0. MEASUREMENT AND PAYMENT C°\' 6.01 DISCREPANCIES AND OMISSIONS.. If the CONTRACTOR knows or reasonably should have known of any discrepancies or omissions in the Plans, Specifications or Contract Documents, he shall notify the ENGINEER and obtain a clarification by Addendum before the bids are received, and if no such request.is received by the ENGINEER prior to the opening of bids, then it shall be considered that the CONTRACTOR fully understands the Work to be performed and has provided sufficient sums m his Bid Proposal to complete the Work in accordance with the Plans and Specifications and Contract Documents. It is further understood that any request for clarification must be submitted no later than five (5) days prior to the opening. of bids. 6.02 QUANTITIES AND MEASUREMENTS. No extra or customary measurements of any kind will be allowed, but the actual measured and/or computed length, area, volume, number and weight only shall be considered;unless otherwise specifically provided. 6.03 ESTIMATED QUANTITIES:. This Agreement, including the_ Specifications, Plans and Contract Documents, and including any estimates contained therein, is intended to convey all Work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of Work to be done and material to be furnished under this Contract, they are approximate and are to be used only as a basis for estimating the probable cost of the Work and for comparing the Bid Proposals offered for the Work. It is understood and agreed that the actual amount of Work to be done and the materials to be furnished.under this Contract may differ from the estimates and that the items listed or estimated quantities stated, and/or any difference between estimated and actual Work, shall not give rise to a claim by the CONTRACTOR against the OWNER for loss, cost, expense, damages, unit price adjustment, quantity differences,unrecovered overhead or lost or anticipated profits,or other compensation. 6.04 PRICE OF WORK. It is agreed that it is the intent of this Contract that all Work, described in the.Bid Proposal,the Plans and Specifications and other Contract Documents,is to be done for the prices bid by the CONTRACTOR and that such prices shall include all appurtenances necessary to complete the Work m accordance with the intent of these Contract Documents as interpreted by the ENGINEER, and all costs, expenses, bond and insurance premiums, taxes, overhead, and profit. In consideration of the furnishing of all the necessary labor, equipment and material and the completion of all.Work by the CONTRACTOR, and upon the completion of all Work and the delivery of all materials embraced in this Contract in full conformity with the Contract Documents, the OWNER agrees to pay to the CONTRACTOR the prices set forth in the Standard Form of Agreement, for the material actually used and services actually performed; however, the OWNER does not assume any obligation to pay for any services or material not actually authorized and used. The CON TRACTOR hereby agrees to receive such prices as payment in full for furnishing all materials and all labor required for the aforesaid Work, and for all expenses incurred by him, and for full performance of the Work and the whole thereof in the manner and according to this Agreement, the Plans and Specifications and Contract Documents, and the requirements of the ENGINEER. (.16\ 05/2008 00700-22 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT. 6.05 : .PAYMENTS.:No payments made'or approvals: or certificates given shall be . . (all'` considered as conclusive evidence of the performance of the Contract, either in whole or in part, nor shall any certificate, approval ypp oval or payment be considered as acceptance of defective, deficient or non-conforming Work. CONTRACTOR shall, at any time requested during the progress of the Work, furnish the OWNER or the ENGINEER with an affidavit showing the.CONTRACTOR's total outstanding indebtedness in connection with the Work:'Before Final Payment is made, the CONTRACTOR shall satisfy the.OWNER, by affidavit or otherwise, that there are no unpaid claims due subcontractors, suppliers or laborers by reason of any Work under:the Contract. Acceptance by CONTRACTOR of Final Payment shall constitute a waiver of any and all:claims of whatsoever nature against OWNER, arising out of or related to the Contract, or the Work, or any acts or omissions.of OWNER or ENGINEER,which have not theretofore been timely filed as provided in this Contract.. 6..06 PARTIAL PAYMENTS. When the Contract Price is a lump sum amount,prior to the first Application for Payment, CONTRACTOR shall submit to ENGINEER for review and approval a Schedule of Values, which shall fairly allocate the entire Contract Price:among the various portions of the Work and shall be prepared in such form and supported by such data to substantiate its accuracy as the ENGINEER may reasonably require. The Schedule of Values shall follow the trade divisions of the Specifications so far as practicable. Upon approval, this Schedule of Values shall be used by ENGINEER as the basis for reviewing the Contractor's Application for Payment. Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. On or before the tenth day of each month, the CONTRACTOR shall prepare and submit to the ENGINEER, for approval or correction, an application for partial payment, beingg a statement showing as completely as practicable, the total value of the Work done by the CON TRACTOR up to and including the twenty-fifth day of the preceding month; said statement shall also include the value of all conforming materials to be fabricated into the Work and stored in accordance with manufacturer's recommendation at the Work site only. No payment will be made for materials stored until Owner has approved in writing storage at the Work site. The ENGINEER shall then review such statement and application for partial payment and the progress of the Work made by the CONTRACTOR and, within ten days after the date e ENGINEER receives CONTRACTOR's. application for payment, if the application is found to be accurate and correct and conforming to the requirements of the Contract Documents, .the ENGINEER shall prepare a preliminary certificate for partial payment and shall deliver his preliminary certification for payment to the OWNER and the CONTRACTOR;or, if the ENGINEER finds that CONTRACTOR's application for payment contains an error or is otherwise disputed, he shall notify CON.U. ACTOR of such error or dispute, and shall prepare a preliminary certificate.for partial payment for the undisputed amount of the application for payment due CONTRACTOR, and deliver it to the OWNER and CONTRACTOR. ENGINEER'S notice to CONTRACTOR that a bona fide dispute for payment exists shall include a list of the specific reasons for nonpayment The OWNER shall then pay the CONTRACTOR, within thirty (30) days of the date of ENGINEER's receipt of the application for payment, the undisputed balance due, less applicable retainage, and further less all previous payments and all further sums that may..be retained.or torn`, withheld by the OWNER under the terms of this Agreement. CONTRACTOR may submit a corrected application for payment after its receipt of the ENGINEER's notice of error or dispute, and such corrected application for payment shall be reviewed by the ENGINEER and disputed or paid under the same procedure and within the same time limits set out above. 05/2008 00700-23 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT As a condition of any progress payment under this Agreement, CONTRACTOR shall execute and deliver to ENGINEER and OWNER a full release.of all claims, direct or indirect, at law or in equity, arising out of or related to the.Work to date, excluding retainage or any claims previously submitted as required under the terms of the Contract, and specifically identified and excluded by CONTRACTOR in the release. OWNER shall be entitled to retain from each progress payment five percent (5%) of the amount thereof. Such retainage shall be retained until Final Completion and satisfaction of all conditions for Final Payment. It is understood, however, that in case the whole Work be near to completion, as certified by the ENGINEER, and some unexpected or unusual delay occurs, through no neglect or fault on the part of the CONTRACTOR, the OWNER may, upon written recommendation of the ENGINEER, pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR, at the OWNER'S option, may be relieved of the obligation to fully complete the Work, and thereupon, the CONTRACTOR shall receive, at the OWNER'S option, payment of the balance due him under the Contract for Work completed in accordance with the Contract Documents, subject to OWNER's rights to otherwise withhold or retain payments, and subject to the conditions set forth under"6.08 FINAL PAYMENT." The Owner at its option and in compliance with Texas law may reduce retainage to less than the above-stated percentages. 6.07 USE OF COMPLETED PORTIONS & PUNCHLIST. The OWNER shall have the right to take possession of and use any completed or partially completed portions of the Work, notwithstanding that the time for completing the entire work or such portions may not have expired; but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the Work, the CONTRACTOR shall promptly and within three (3) days of OWNER's taking possession, give OWNER written notice of same, and CONTRACTOR may be entitled to such extra compensation or extension of time, or both, as may be determined in accordance with the provisions of this Agreement. 6.08 SUBSTANTIAL COMPLETION. The CONTRACTOR shall notify the OWNER AND ENGINEER, by letter executed by a duly qualified officer of CON IRACTOR, that in CONTRACTOR's opinion, the Work of the Contract, or an agreed portion thereof, is "Substantially Complete". Upon receipt, and within a reasonable time thereafter, of such notice, the ENGINEER and the CONTRACTOR shall jointly perform a walk-through and inspection of the Work to determine the status of all or the identified portion of the work, and shall prepare a detailed list of unfinished, incomplete, defective and/or non-conforming Work("Punchlist"). If the ENGINEER determines that the Work is Substantially Complete in accordance with the Contract Documents, the ENGINEER shall issue to the OWNER and the CON IRACTOR a Certificate of Substantial Completion. OWNER shall have seven (7) days after receipt of Certificate to make written objection to the ENGINEER as to any provision of the Certificate or the attached list of non-conforming work. If ENGINEER concludes that the Work is not Substantially Complete, ENGINEER will, within fourteen (14) days, notify CONTRACTOR of the reason he believes the Work is not Substantially Complete. 05/2008 00700-24 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Upon Substantial Completion of the Work, ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities, pending final payment and acceptance, with respect to security, maintenance, utilities.and damage to the Work, except_ as otherwise provided in the Certificate of Substantial Completion. NEITHER THE SUBSTANTIAL COMPLETION OF THE WORK,NOR THE OMISSION OF AN ITEM FROM THE PUNCHLIST, SHALL EXCUSE THE CONTRACTOR FROM PERFORMING ALL OF THE WORK UNDERTAKEN, WHETHER OF A MINOR. OR MAJOR NATURE, AND THEREBY COMPLETING THE WORK IN ACCORDANCE WITH .THE. CONTRACT DOCUMENTS. The Certificate of Substantial Completion shall establish the time period within which CONTRACTOR shall complete the Work for Final Acceptance by the Owner and ENGINEER. 6.08-1 OWNER shall have,the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, for security requirement reasons. OWNER may establish an access procedure to facilitate CONTRACTOR's uninterrupted access to the Work for the purposes of completing and correcting all items on the Punchlist in an expeditious manner. 6.09 FINAL PAYMENT. Final payment of the Retainage withheld from the Contract Price shall be made by the OWNER to the CONTRACTOR at such time as: (a) the Work, including all Change Orders and including all Punchlist work,has been fully completed in strict accordance with the Contract Documents; (b) the Contract has been fully performed except for the CON1'RACTOR's responsibility to correct nonconforming Work during the warranty period set forth in the Contract Documents, and to satisfy other requirements, if any,which necessarily survive final payment; (c) CONTRACTOR delivers to OWNER a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days prior written notice has been given to OWNER; (d) CONTRACTOR delivers to OWNER a Consent of Surety,if any, to final payment; (e) CON TRACTOR delivers to OWNER a complete set of As-Built Drawings, reflecting all deviations from the Plans, Specifications and approved shop drawings in the Work actually constructed,and delivers all maintenance and operating manuals and/or instructions; (f) CONTRACTOR delivers to OWNER all building certificates required prior to occupancy and all other required inspections/approvals/acceptances by city, county, state governmental entities or other authorities having jurisdiction; (g) CONTRACTOR delivers to OWNER assignments of all guarantees and warranties 71* from subcontractors,vendors, suppliers or manufacturers, as well as names, addresses and telephone numbers of contacts for each subcontractor,vendor, supplier or manufacturer; 05/2008 00700-25 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (h) CONTRACTOR removes all equipment,tools,temporary facilities,surplus materials and rubbish from the site, and final cleans the site to OWNER's satisfaction; (i) CONTRACTOR delivers to OWNER a Full and Final Release and Affidavit of Bills Paid in the form attached hereto as Attachment No.2, executed by CON TRACTOR; (j) CONTRACTOR delivers to OWNER all other documentation required to be submitted to OWNER pursuant to the Contract Documents,including but not limited to any special guarantees or warranties, operation and maintenance manuals, etc'. in each case in a form satisfactory to OWNER as determined in OWNER's sole discretion; and (k) the Final Application for Payment has been approved by the ENGINEER and OWNER. Acceptance of Final Payment by the CONTRACTOR shall constitute a waiver of all claims by CONTRACTOR against OWNER other than any claims previously made in writing by CON TRACTOR against OWNER, and still.unsettled, and except for claims arising out of third party actions, cross-claims and counterclaims. No interest shall be due or payable by OWNER to CONTRACTOR on any sums retained or withheld by OWNER pursuant to the terms or provisions of the Contract Documents, except as otherwise provided by applicable law. Neither C."\' the Certificate of Substantial Completion nor the Final Payment nor possession or acceptance of the Work shall relieve the CONTRACTOR of its obligation for correction of defective or non- conforming Work, or for fulfillment of any warranty, which may be required by law or by the Contract Documents. 6.10 CORRECTION OF WORK BEFORE FINAL PAYMENT. The CONTRACTOR shall promptly remove from OWNER's premises all materials, equipment or Work which is defective or otherwise not in conformance with the Contract Documents, whether actually incorporated in the Work or not, and CONTRACTOR shall, at his own expense,promptly replace such materials, equipment or Work with other materials conforming to the requirements of.the Contract. The CONTRACTOR shall also bear the expense of restoring all work of CONTRACTOR or other contractors damaged by any such removal or replacement. If CONTRACTOR does not remove and replace any such unsuitable Work within a reasonable time after receipt of a written notice from the OWNER or the ENGINEER, the OWNER may remove, replace and remedy such work at CONTRACTOR's expense. 6.11• CORRECTION OF WORK AFTER FINAL PAYMENT. If within one (1) year from the date of Substantial Completion or such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents,any of the Work is found to be defective or not in accordance with the Contract Documents, CONTRACTOR shall, at its sole cost, correct it and any other work affected thereby promptly after receipt of a written notice from OWNER to do so. In addition, CONTRACTOR shall be responsible for any damage to building contents, when such damage results from the CONTRACTOR's use of faulty materials`or defective workmanship, to the extent such_ damage is not covered by OWNER's insurance. This warranty period shall renew and recommence for each corrected item of Work upon completion of the remedial work. This time period for correction by CONTRACTOR is in 05/2008 00700-26 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT addition to, and not in lieu of, all warranties or remedies,which exist at common law or by statute. tota',, These warranty obligations shall survive the termination of this Contract, and shall be enforceable by a decree of specific performance, in addition to such other rights and remedies available to OWNER at law or in equity. 6.12 PAYMENTS WITHHELD. The OWNER may withhold, or on account of subsequently discovered evidence nullify and demand immediate repayment of, the whole or part of any certificate for payment or payment, to such extent as may be necessary to protect OWNER from loss on account of: (a) Defective or non-conforming Work not remedied; (b) Claims filed or reasonable evidence indicating probable filing of claims; (c) Failure of the CONTRACTOR to make payments promptly to subcontractors or for material or labor; (d) Damage to another contractor, OWNER, existing improvements on the site, or to adjacent or adjoining property; (e) Reasonable doubt that the Work can be completed for the unpaid balance of the Contract amount; (°11 (f) Reasonable indication that the Work will not be completed within the Contract Time; (g) Failure on the part of the CONTRACTOR to execute any and all documents, releases or other documents presented to the CONTRACTOR for execution, as provided for herein or otherwise; (h) Liquidated or other damages due to late completion; and/or (i) Any breach by CONTRACTOR of this Contract or any other agreement between OWNER and CONTRACTOR. When the above grounds are removed to OWNER's satisfaction,the withheld payment shall be made promptly. If the said causes are not so remedied,OWNER may remedy the same for CONTRACTOR's account,charge the entire cost thereof to CONTRACTOR and deduct such cost from the Contract Sum or from any payments due or to become due under any other agreement between OWNER and CONTRACTOR. 05/2008 00700-27 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6.13 DELAYED PAYMENTS. Should the OWNER fail to make payment to the Cb CON IRACTOR when payment is due in accordance with the terms of the Contract Documents, any interest due CONTRACTOR for late payments shall accrue and be paid in accordance with the provisions of Chapter 2251 of the Texas Government Code, as amended, and payment of such interest shall fully liquidate and compensate-any injury to the CONTRACTOR growing out of such delay in payment. Should OWNER fail to pay CONTRACTOR an undisputed amount due within the time limits provided in the Contract or applicable law, CONTRACTOR shall give the notice required and comply with the provisions of Section 2251.051 of the Texas Government Code, and shall thereupon be entitled to the rights and remedies provided therein. 7.0 EXTRA WORK AND CLAIMS 7.01 CHANGE ORDERS. Without invalidating this Agreement, the OWNER may, at any time or from time to time, order additions, deletions or revisions to the Work; such changes will be authorized by Change Order to be prepared by the ENGINEER for execution by the OWNER and the CONTRACTOR. The Change Order shall set forth the basis for any change in Contract Price, as hereinafter set forth for Extra Work, and any change in Contract Time, which may result from the change. 7.02 In accordance with paragraph 1:07 CONTRACTOR'S request to work weekends, the Owner's Construction Manager shall,upon receipt of written notice by the CONTRACTOR of the need to conduct work on otherwise non-Work Days, prepare a cost estimate for providing Construction Management and Inspection services during the requested period and submit this to both OWNER and CONTRACTOR. If approved by both parties the Construction Manager shall prepare a Deductive Change Order in the amount stated in the estimate for the signature of the CONTRACTOR and the OWNER for inclusion in the next Pay Application. The Deductive Change Order must be signed and executed by both the OWNER and CONTRACTOR prior to start of work on any non-Work Day. 7.03 MINOR CHANGES. The ENGINEER may authorize minor changes in the Work not inconsistent with the overall intent of the Contract Documents and not involving an increase in Contract Price or time. If the CONTRACTOR believes that any minor changes authorized by the ENGINEER involves Extra Work or entitles him to an increase in the Contract Price or the Contract Time, the CONTRACTOR shall give notice of same by written request to the ENGINEER for a written Work Order, with a copy to OWNER. Any such notice and request by the CONTRACTOR shall be given prior to beginning the changed work. CONTRACTOR's commencement of any minor change in the Work prior to such written notice and request shall constitute a waiver of any and all claims for an increase in the Contract Price or the Contract Time arising out of or related to such changed work. 7.04 EXTRA WORK. It is agreed that the CONTRACTOR shall perform all work under the direction of the ENGINEER when presented with a written Change Order, Work Change Directive or Work Order signed by the ENGINEER, subject, however, to the right of the CONTRACTOR to require written confirmation of such Change Order, Work Change Directive or Work Order by the OWNER. It is agreed that the basis of compensation or adjustment to the CONTRACTOR for work either altered, added or deleted by a Change Order or Work Change 05/2008 00700-28 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Directive, or for which a claim for Extra Work is made, shall be determined by one or more of the (lb\ following methods: Method(A) --By Contract unit prices applicable to the work, if any; or Method(B) —By agreed unit prices or agreed stipulated lump sum price; or Method(C) —If neither Method (A) nor Method (B) be agreed upon before the Extra Work is commenced, then the CONTRACTOR shall be paid the "Actual Field Cost" of the work, plus five percent (5%), as full and final compensation for the Extra Work and all costs and expenses, direct or indirect, arising out of or related thereto. In the event said Extra Work or Change Order or Work Change Directive work is performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "Actual Field Cost" is hereby defined as the cost to the CONTRACTOR of all workers, such as foremen, timekeepers, mechanics and laborers, and materials, supplies, trucks, rentals of machinery and equipment, for the time actually employed or used on such alleged Extra Work or Change Order or Work Change Directive work, plus actual transportation charges necessarily incurred together with all power, fuel, lubricants, water and similar operating expenses, plus all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security, Old Age Benefits and other payroll taxes, and a rateable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation, and all other insurance as may be required by law or ordinance, or the Contract Documents,plus all payments to subcontractors for such work. The ENGINEER may direct the form in which accounts of the "Actual Field Cost" shall be kept and the records of these accounts shall be made available to the ENGINEER. The ENGINEER or OWNER may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the CONTRACTOR. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using one hundred.percent (100%), unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America where practicable. The five percent (5%) of the "Actual Field Cost" to be paid to the CONTRACTOR, shall cover and compensate him for his profit, overhead, and all other elements of cost and expense not embraced within the "Actual Field Cost" as herein defined, save that where the CONTRACTOR's field office must be maintained solely on account of such Extra Work, then the cost to maintain and operate the same shall be included in the"Actual Field Cost." No claim for Extra Work of any kind will be allowed unless ordered by the ENGINEER in a written Work Order. In case any orders or instructions, either oral or written, appear to the CONTRACTOR to involve Extra Work for which he should receive compensation or an adjustment in the Contract Time, he shall make written request to the ENGINEER for a written Work Order authorizing such Extra Work within ten (10) days of ENGINEER's orders or instructions, otherwise the orders or instructions will be considered minor changes. The issuance 05/2008 00700-29 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT of a Work Order by the ENGINEER shall not constitute or be construed as an agreement or ("b` acknowledgement by the ENGINEER that the work which is the subject of.the Work Order is Extra Work outside the scope of the Contract Work,but shall merely constitute a direction to the CON IRACTOR to perform the work, and the CONTRACTOR shall proceed with the work, and shall keep an accurate account of the "Actual Field Cost"thereof, as provided under Method (C). Upon completion of the alleged Extra Work, the CONTRACTOR shall promptly and within ten (10) days submit his claim to the ENGINEER by proper certification and attestation, on forms provided by the ENGINEER. The ENGINEER shall render a written decision on CONTRACTOR's claim within ten (10) days. It is mutually agreed between the parties that the ENGINEER's decision on all claims or questions in relation to the Work, CONTRACTOR's performance of the Work, any changes in the Work or Extra Work, the Contract Price and/or the Contract Time, shall be fmal and conclusive and binding upon the parties. If the ENGINEER shall fail to respond in writing to CONTRACTOR's claim within thirty (30) days of the date of submission, or if CONTRACTOR shall dispute or object to ENGINEER's decision on any claim, and CONTRACTOR fails to file a Request for Mediation of such claim in accordance with the provisions of Article 9.0, within sixty (60) days after the date of submission to.the OWNER, or such longer period as the parties may agree to in writing, the CONTRACTOR shall lose and forfeit his right to make such claim for Extra Work at any later date, and all such claims held by the CON TRACTOR shall be deemed waived, forfeited and forever barred. CONTRACTOR shall continue to diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. 7.05 TIME OF FILING CLAIMS. Except as otherwise provided herein, all questions of dispute or adjustment shall be in writing and filed with the ENGINEER within three (3) days after the ENGINEER has given any directions, order or instruction to which the CONTRACTOR desires to take exception. The ENGINEER shall reply within thirty (30) days to such written exceptions, and render his fmal decision in writing. It is mutually agreed between the parties that the ENGINEER's decision on all claims or questions in relation to the Work, CONTRACTOR's performance of the.Work, any changes in the Work or Extra Work, the Contract Price and/or the Contract Time, shall be fmal and conclusive and binding upon the parties. In case the CONTRACTOR should desire to appeal from the ENGINEER's decision,,the CON IRACTOR may request a meeting between representatives of the OWNER and the CONTRACTOR for the purposes of appealing the ENGINEER's decision directly to the OWNER, such meeting to occur within ten (10) days after the date of the CONTRACTOR's request, or such longer period as may be agreed to by the parties in writing. If the CONTRACTOR shall still be aggrieved after a meeting with the OWNER and/or his representative, the CONTRACTOR shall have sixty (60) days after the date of the meeting, or such longer period as the parties may agree to in writing, to file a Request for Mediation of such claim in accordance with the provisions of Article 9.0. In the event the CONTRACTOR shall fail, for any reason, to timely file a Request for Mediation, the OWNER shall be released of any and all liability, and the CONTRACTOR's failure to timely file a Request for Mediation shall constitute a waiver, forfeit and fmal bar of all such claims held by the CONTRACTOR against the OWNER. CONTRACTOR shall continue to diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. 05/2008 00700-30 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 8.0 DEFAULT 8.01 DEFAULT BY CONTRACTOR. In case the CONTRACTOR should abandon and fail or refuse to resume Work within five (5) days after written notification from the OWNER or the ENGINEER, or if the CONTRACTOR fails to comply with the orders of the ENGINEER when such orders are consistent with the Contract Documents, or if the CONTRACTOR otherwise defaults on its obligations under the Contract, OWNER shall have the right, if it so elects and without prejudice to any other rights it may have, after giving five (5) days written notice of default to CONTRACTOR and any surety, to terminate the Contract or any part thereof and/or to take over or cause others to take over the Work or any part thereof, and to complete such Work for the account of CONTRACTOR. Where Performance and Payment Bonds exist, the sureties on these bonds shall be directed to complete the Work in conjunction with the notice of default, and a copy of said notice shall be delivered to the CONTRACTOR. After receiving said notice of default,the CONTRACTOR shall promptly and within no more than three (3) days, remove from the Work any machinery, equipment, or tools then on the job, not intended for incorporation into the Work. Should CONTRACTOR fail to promptly remove such machinery, equipment or tools, OWNER may remove such machinery, equipment or tools and store same at CONTRACTOR's expense; return such machinery, equipment or tools to their purported owner; or otherwise dispose of such machinery, equipment or tools as OWNER sees fit. Any materials, supplies and/or equipment delivered for use in the Work, may be used in the completion of the Work by the OWNER or the surety on the Performance Bond, or another contractor in completion of the Work; it being understood that the use of such equipment, supplies and materials will ultimately reduce the cost to complete the Work and be reflected in the final settlement. Where there is no Performance Bond or in case the surety should fail to commence compliance with the notice for completion hereinabove provided for within ten (10) days after the service of such notice,then the OWNER may provide for completion of the Work in either of the following elective manners: (a) The OWNER may thereupon employ such force of workers and use such. machinery, equipment, tools, materials and supplies as the OWNER may deem necessary to expeditiously complete the Work, and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said. CONTRACTOR, and expense so :charged shall be deducted and paid by the OWNER out of such monies as may be due or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement or any other agreement between OWNER and CONTRACTOR. In case such expense is less than the sum which would have been payable under this Contract if the same had been completed by the CONTRACTOR, then said CONTRACTOR shall be credited with the difference. In case such expense is greater than the sum which would have been payable under this Contract if the same had been completed by such CONTRACTOR, then the CONTRACTOR and/or his surety shall promptly pay the amount of such excess to the OWNER upon demand; or 05/2008 00700-31 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (b) The OWNER, under sealed bids, under the times and procedures provided for by (a"'"'N1 law, may let the contract for completion of the Work under substantially the same terms and conditions which are provided in this Contract. In case of any increase in cost to the OWNER under the completion contract, as compared to what would have been the cost under this Contract, such increase shall be charged to the CONTRACTOR, and the amount of such increase may be deducted by the OWNER out of such monies as may be due or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement or any other agreement between OWNER and CONTRACTOR, or the CONTRACTOR and/or his surety shall promptly pay the amount of such increase to the OWNER upon demand. However, should the cost to complete any such completion contract prove to be less than what would have been the cost to complete under this Contract,the CONTRACTOR and/or his surety shall be credited therewith. In the event of a default by CONTRACTOR, no further payments shall be made to CONTRACTOR under the Contract until the Work is Finally Completed. When the Work shall have been Finally Completed, the CONTRACTOR and his surety shall be so notified. A complete itemized statement of the Contract accounts, certified by the ENGINEER as being correct, shall then be prepared and delivered to the CONTRACTOR and his surety, whereupon the CONTRACTOR and/or his surety shall pay the balance due as reflected by said statement. The OWNER, prior to incurring an obligation to make payment hereunder, shall have such statement of completion attested to by the CONTRACTOR and the surety as accurate, and in exchange for payment of the sum stated therein, the OWNER shall be entitled to a full and final release of any claims or demands by the CONTRACTOR or the surety. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the OWNER had the work been completed by the CONTRACTOR under the terms of this Contract, or when the CONTRACTOR and/or his surety shall pay the balance shown to be due by them to the OWNER, then all machinery, equipment, tools or supplies left on the site of the Work shall be turned over to the CONTRACTOR and/or his surety. Should the cost to complete the Work exceed the Contract Price, and the CONTRACTOR and/or his surety fail to pay the amount due the OWNER within the time designated above, and there remains any machinery, equipment, tools, materials or supplies which are the property of CONTRACTOR on the site of the Work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the CONTRACTOR and his surety at the respective addresses designated in the Contract, provided, however, that actual written notice given in any manner will satisfy this condition. After mailing or other giving of such notice, such property shall be held at the risk of the CONTRACTOR and his surety, subject only to the duty of the OWNER to exercise ordinary care to protect such property. After fifteen (15) days from the date of such notice, the OWNER may sell such property, equipment, tools, materials or supplies, and apply the net sum derived from such sale to the credit of the CONTRACTOR and his surety. Such sale may be made at either public or private sale, with or without notice, as the OWNER may elect. The OWNER shall release any machinery, equipment, tools, materials or supplies, which remain on the Work, and belong to persons other than the CONTRACTOR or his surety, to their reputed owners. C""\ 05/2008 00700-32 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 8.02 SUPPLEMENTATION OF CONTRACTOR FORCES. If CONTRACTOR at any (11.16'`, time shall, in OWNER'S sole opinion, fail to furnish skilled workers, suitable materials, supplies or adequate equipment sufficient for the prompt, timely and diligent prosecution of the Work in accordance with OWNER's direction, OWNER shall have the right, without prejudice to the exercise of other remedies for the same default and without fully taking over the Work, to supplement CON TRACTOR's forces and to expedite delivery of and to procure and furnish such workers, materials, tools, supplies or equipment for CONTRACTOR's account by employing other contractors and suppliers engaged in the same class of work and charge the entire cost thereof to CONTRACTOR, said cost to be deducted from sums due or to become due to CONTRACTOR under the Contract or any other agreement with OWNER or any parent, subsidiary or affiliate of OWNER. 8.03 CUMULATIVE REMEDIES & SPECIFIC PERFORMANCE. All rights and remedies of OWNER, under the terms of the Contract and/or available at law or in equity, are cumulative. In the event CONTRACTOR or any of its subcontractors, vendors or suppliers fails or refuses for any reason to provide timely manufacture, fabrication, delivery, installation, erection, construction or completion of any supplies, materials, expendables, equipment, machinery, accessories or appurtenances to be furnished hereunder, CON TRACTOR acknowledges and agrees that such items are required, necessary, essentially unique to the Project and the Work and will cause irreparable harm to OWNER and the Project if not furnished in accordance with the Contract, and OWNER shall have the right to obtain a decree of specific performance and mandatory injunctive relief from any Court of competent jurisdiction to ensure the timely furnishing of such items. (Ia.\ 8.04 CROSS-DEFAULT. If, for any reason, CONTRACTOR is declared in default and/or terminated by OWNER under any other agreement with OWNER, whether related to the Project or not related to the Project, OWNER shall have the right to offset and apply any amounts which might be owed to OWNER by CONTRACTOR under any other such agreements against any earned but unpaid amounts owing to CON TRACTOR by OWNER under the Contract, any retainage earned by CONTRACTOR under the Contract or any unearned, unpaid amount under the Contract. 8.05 INSOLVENCY. It is recognized that if CONTRACTOR becomes a debtor in voluntary or involuntary bankruptcy proceedings, makes a general assignment for the benefit of creditors, or if a receiver is appointed on account of his insolvency, such events could seriously impair or frustrate CONTRACTOR's performance of the Work. Accordingly, it is agreed that should CONTRACTOR become a debtor in bankruptcy, either voluntary or involuntary, CONTRACTOR shall notify OWNER in writing within twenty-four (24) hours of the filing with the bankruptcy court. Further, it is agreed that upon occurrence of any one or more such events, OWNER shall be entitled to request of CONTRACTOR or its successors, trustees or receivers, adequate assurances of future performance. In the event such adequate assurances are not given to the reasonable satisfaction of OWNER within seventy-two (72) hours of such request, OWNER shall have the right to immediately invoke the remedies of this Section 8 or as provided by law. Pending receipt of such adequate assurances of such future performance, OWNER may proceed with the Work on a temporary basis and deduct the costs, plus reasonable overhead and profit, from any amounts due or which may become due to CONTRACTOR under the Contract or any other agreement with OWNER. In this regard, OWNER and CONTRACTOR agree that delays in performance could result in more damages to CONTRACTOR than would be sustained if OWNER failed to exercise such remedies. 05/2008 00700-33 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (11"‘ 8.06 CONTINGENT ASSIGNMENT. CON 1'RACTOR hereby assigns to OWNER, all of CONTRACTOR's rights under and interest in any and all subcontracts and/or purchase orders entered into by CONTRACTOR pursuant to this Agreement, such assignment to become effective upon CON 1'RACTOR's default under this Agreement or OWNER's termination of this Contract, and OWNER's acceptance of such assignment. Upon CONTRACTOR's default or OWNER's termination of this Contract, OWNER may, in the event there is no performance bond for the Contract, or in the event the performance bond surety fails to complete the Contract, or if OWNER otherwise so elects in its sole discretion, accept such assignment by written notice of such acceptance to CONTRACTOR and subcontractor, and may require subcontractors to perform all of the then unperformed duties and obligations under the subcontract, for the direct benefit of OWNER. In the event OWNER requires such performance by a subcontractor, then OWNER shall be obligated to pay such subcontractor any amounts due and owing under the terms of the subcontract/purchase order, at the subcontract prices and rates, and subject to any rights of withholding or offset and other terms and conditions of the subcontract, for all work properly performed by such subcontractor, to the date of OWNER's acceptance and thereafter. OWNER's liability in this connection, however, shall not exceed the amount obtained by subtracting all payments made by CONTRACTOR to subcontractor from the Subcontract Price at the time of CONTRACTOR's default or OWNER's termination of CONTRACTOR. CONTRACTOR shall include a provision in its subcontracts that allows such assignment and allows OWNER to take these actions, and further provides that in the event of CONTRACTOR's termination for default, the subcontractor agrees to give the OWNER or its agent the right to inspect all books and records of subcontractor relating to the Work. 8.07 WAIVER OF CONSEQUENTIAL DAMAGES. CONTRACTOR expressly waives any and all claims for consequential damages against OWNER arising out of or related to this Contract, or any other agreements between CONTRACTOR and OWNER, including,but not limited to, claims for damages incurred by CONTRACTOR for principal office expenses, including the compensation of personnel stationed there, losses of financing, bonding capacity, business and reputation, and claims for lost profit,whether on this Contract or otherwise. 8.08 TERMINATION FOR CONVENIENCE. OWNER may at its sole discretion, upon five (5) days written notice to CONTRACTOR, terminate this Contract, in whole or in part, if and when OWNER determines that it is in the best interest of OWNER to do so. Upon receipt of such written notice from OWNER, CONTRACTOR shall cease all terminated Work and take reasonable precautions to protect and preserve such work, and shall take all reasonable measures after consultation with OWNER to terminate or assign to OWNER all subcontracts, purchase orders or other commitments related to the Work or the Project on terms and conditions acceptable to OWNER. CONTRACTOR will be paid for all Work performed in strict accordance with the Contract Documents, based upon the Contract Price and the percentage of completion on the date of termination, and less amounts previously paid, subject to any reasonable backcharges attributable to CONTRACTOR's failure to comply with any of the provisions of this Contract and further subject to the other terms of this Contract regarding payment. In no event will CONTRACTOR receive or be entitled to any payment or compensation whatsoever for interruption of business or loss of business opportunities, any other items of consequential damages,for overhead or loss of profits on the unperformed Work and/or services and unfurnished materials or for any intangible, impact or similarly described cost, damages or expense, and under no circumstances shall the total sum paid to or received by CONTRACTOR under this Contract 05/2008 00700-34 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT exceed the Contract Price. The compensation provided herein shall be CONTRACTOR's sole and exclusive remedy arising out of a termination for convenience. 8.09 DEFAULT BY OWNER. In case the OWNER shall default on its material obligations under this Contract, other than OWNER'S failure to pay CONTRACTOR an undisputed amount due within the time limits provided in the Contract or applicable law, as addressed by Section 6.13 of this Agreement, and shall fail or refuse to cure, or to commence and diligently pursue cure of such default within fifteen (15) days after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the Work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of the Work that have not been included in payments to the CONTRACTOR and have not been incorporated into the Work. And thereupon, the ENGINEER shall make an estimate of the total amount earned by the CON TRACTOR, which estimate shall include the value of all Work actually completed by said CONTRACTOR (at the Contract Prices), the value of all partially competed Work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the terms of this Contract, and a reasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole Work to completion and which cannot be utilized. The ENGINEER shall then make a final statement of the balance due the CONTRACTOR by deducting from the above estimate all previous payments by the OWNER and all other sums that may be retained by the OWNER under the terms of this Agreement, and shall present the same to the OWNER, and OWNER's payment of said sum to the CONTRACTOR, on or before thirty (30) days after OWNER's receipt of such statement, shall satisfy any and all rights, claims or causes of action of CONTRACTOR arising out of or related to such default by OWNER, and shall be CONTRACTOR's sole and exclusive remedy for such default. A disputed or unilateral claim by the Contractor cannot by itself constitute a default hereunder. 9.0 DISPUTE RESOLUTION Any dispute or pending claim or dispute resolution process between OWNER and CONTRACTOR shall not excuse or relieve CONTRACTOR of its obligations under the Contract, and CONTRACTOR shall diligently prosecute the. Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. All claims, disputes and other matters in question arising out of or relating to,the Contract, or the breach thereof, shall be subject to mediation as a condition precedent to any other dispute resolution process as may be selected by OWNER. Unless mutually agreed otherwise the mediation shall be conducted by a third party who will be selected by agreement between OWNER and CONTRACTOR, and Request for Mediation shall be filed with the other party. The parties shall share the mediator's fee and any filing fees equally. If a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the work of a subcontractor or supplier, OWNER or CONTRACTOR may join such subcontractor or supplier as a party to any mediation proceeding between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts and/or purchase orders related to the Work a specific provision whereby the subcontractor or supplier consents to (011",, being joined in mediation between OWNER and CONTRACTOR involving the work of such subcontractor or supplier. 05/2008 00700-35 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT This Contract shall be governed by the laws of the State of Texas and shall be considered performable in Brazoria County, Texas, for venue purposes. Further, the OWNER and CON TRACTOR stipulate that venue for any dispute resolution proceeding involving or touching upon the Contract other than the conduct of an arbitration hearing shall be in Brazoria County, Texas, or, if such choice of venue is prohibited or unenforceable by law, shall be held in the county where the Project is located. CONTRACTOR agrees to pay OWNER all reasonable attorneys' fees incurred by OWNER in the event OWNER seeks to enforce any provision of this Contract whether by arbitration or other dispute resolution process. Further, in the event OWNER defends any claim instituted by CONTRACTOR against OWNER, whether in arbitration or other dispute resolution process, CONTRACTOR agrees to pay OWNER all reasonable attorneys' fees incurred by OWNER in defending such claim provided OWNER is the prevailing party, in whole or in part,in such proceeding. 7.\ 05/2008 00700-36 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO. 1 TO GENERAL CONDITIONS WORKERS' COMPENSATION INSURANCE COVERAGE A. DEFINITIONS: Certificate of coverage ("certificate") _A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC81, TWCC-82, TWCC-83 or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project for the duration of the Project. Duration of the Project .includes the time from the beginning of the Work on the Project until the contractor's/person's work on the Project has been completed and the Project warranty period has expired. Persons providing services on the project includes persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with due contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, motor carriers and owner- operators, (as defined at Section 406.121 of the Texas Labor Code), leasing companies, and employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Title 5 Workers' Compensation, Subtitle A Texas Workers' Compensation Act, for employee s of the contractor providing services on the project,for the duration of the project. C. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the Contract. D. If the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the duration of the project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. E. The CON TRACTOR shall obtain from each subcontractor or other person providing services on a project, and provide to the OWNER: (I) a certificate of coverage, prior to that person beginning work on the Project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 05/2007 00700-Al CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (2) no later than seven days after receipt by the CONTRACTOR and prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The CONTRACTOR shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within 10 days after the CONTRACTOR knew or should have known, of any changes that materially affect the provision of coverage of any person providing services on the Project. H. The CONTRACTOR shall post on each Project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. NOTICE REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512) 440- 3789 to receive information on the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project,too: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Title 5 Workers' Compensation, Subtitle A Texas Workers' Compensation Act, for all of its employees providing services on the Project, for the duration of the Project; (2) provide to the CONTRACTOR,prior to that person beginning work on the Project, a certificate of coverage showing that coverage is being provided for all (1.16\. employees of the person providing services on the project, for the duration of the Project: 05/2007 00700-A2 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (3) provide the CONTRACTOR,prior to the end of the coverage period, a new ra'\ certificate of coverage, showing extension of coverage, if the coverage period - shown on the current certificate of coverage ends during the duration of the Project; (4) obtain from each other person with whom it contracts, and provide to the CONTRACTOR: (a) a certificate of coverage, prior to the other person beginning work on the Project; and (b) a new certificate of coverage showing extension of coverage,prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; (5) retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; (6) notify the OWNER in writing by certified mail or personal delivery,within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7),with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage, the CONTRACTOR is representing to the OWNER that all employees of the CONTRACTOR who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage agreements will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The CONTRACTOR's failure to comply with any of these provisions is a breach of contract by the CONTRACTOR, which entitles the OWNER to pursue all rights and remedies available to it under the Contract, at law or in equity,if the CONTRACTOR does not remedy the breach within ten days after receipt of notice of breach from the OWNER. 05/2007 00700-A3 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO.2 TO GENERAL CONDITIONS AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S SWORN RELEASE In consideration of the Final Payment under that certain contract between [Contractor's Company Name] (hereafter "CONTRACTOR") and the City of Pearland (hereafter "OWNER") for the Project known as Dixie Farm Road Removal & Filling of 16" Water Line (the "Contract"), the CONTRACTOR makes the following representations to OWNER, either individually if a proprietorship, or jointly and severally by all general partners if a partnership, or if a corporation, by action of the president and secretary of said corporation, as duly authorized by appropriate action of the stockholders and/or board of directors of said corporation, their signatures hereon constituting a representation under oath by said individuals that they have the authority to execute this Agreement for and on behalf of the said corporation: 1. The undersigned CONTRACTOR represents to OWNER that the Application for Payment for the Final Payment under the Contract, and the fmal Change Order issued under the Contract if any, whether or not modified, corrected or changed in some way by the ENGINEER, the CONTRACTOR.or the OWNER, a copy of which are attached hereto and marked Exhibit "A", are true, correct and accurate, and that CONTRACTOR has received payment in full for all other Applications for Payment submitted under the Contract, and that CONTRACTOR has been fully compensated for all labor, materials, equipment and/or services furnished in (1.6\' connection with the Contract, except for the Final Payment. 2. It is agreed and stipulated by the undersigned CONTRACTOR that upon the receipt of Final Payment in the amount as set out on the attached Application for Payment, the CONTRACTOR, by execution of this instrument of release, does, therefore, RELEASE and FOREVER DISCHARGE OWNER of and from all manner of debts, claims, demands, obligations, suits, liabilities and causes of action of any nature whatsoever, at law or in equity, in contract or in tort, now existing or which may hereafter accrue, arising out of or related to the Contract, any Change Orders or Work Orders, the Work, or any labor, materials, equipment or services furnished by CONTRACTOR to OWNER. 3. The CONTRACTOR, acting by and through the person or persons whose names are subscribed hereto, does solemnly swear and affirm that all bills and claims have been paid to all materialmen, suppliers, laborers, subcontractors, or other entities performing services or supplying materials or equipment, and that OWNER shall not be subject to any bills, claims, demands, litigation or suits in connection therewith. 4. It is further specifically understood and agreed that this Agreement for Final Payment and Contractor's Sworn Release shall constitute a part of the Contract, and it is also specifically understood and agreed that this Agreement shall not act as a modification, waiver or renunciation by OWNER of any of its rights or remedies as set out in the Contract itself, but this Agreement for Final Payment and Contractor's Sworn Release shall constitute a supplement thereto for the additional protection of OWNER. 05/2007 00700-B 1 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT SIGNED and EXECUTED this, the dayof , 20 . CONTRACTOR: By: Signature Print Name: Title: [If CONTRACTOR is a proprietorship, owner must sign; if a partnership, each general partner must sign;if a corporation,the following language should be used.] SIGNED and EXECUTED this,the day ofC.ILN 20_by , a,Texas corporation,under authority granted to the undersigned by said corporation as contained in the Charter, By-Laws or Minutes of a meeting of said corporation regularly called and held. CONTRACTOR: By: President ATTEST: Corporate Secretary (Corporate Seal) [This form is for use by either a proprietorship or.a partnership. In the event CONTRACTOR is a partnership or a joint proprietorship, additional signature lines should be added for each individual.] 05/2007 00700-B2 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT AFFIDAVIT STATE OF TEXAS § COUNTY OF § BEFORE ME,the undersigned authority, on this day personally appeared the person or persons whose name(s) are subscribed to the above and foregoing Agreement for Final Payment and Contractor's Sworn Release, who each, after being by me duly sworn, on their oaths deposed and said: I (We) am (are)the person(s)who signed and executed the above and foregoing Agreement for Final Payment and Contractor's Sworn Release, and I (we) have read the facts and statements as therein set out and the representations as made therein, and I (we) state that the above and foregoing are true and correct. CONTRACTOR-Affiant SWORN TO AND SUBSCRIBED TO before me,the day of 20_. Notary Public, State of Texas My Commission Expires: [This form is for use in the event CON TRACTOR is a corporation.] 07/2006 00700-B3 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT AFFIDAVIT Clib4\ STATE OF TEXAS § COUNTY OF § BEFORE ME,the undersigned authority, on this day personally appeared the persons who signed and executed the above and foregoing Agreement for Final Payment mid Contractor's Sworn Release, whose names are set out above,who each, after being by me duly sworn, on their oaths deposed and said: We each are the persons whose names are subscribed above, and hold respectively the offices in the corporation as set out above, and each state under oath that we have the authority to execute this Agreement for Final Payment and Contractor's Sworn Release for and on behalf of said corporation,pursuant to authority granted to us in the Charter of said corporation,the By-Laws of said corporation and/or the Minutes of said corporation; and the facts, statements and representations as set out in the instrument to which this Affidavit is attached, are true and correct. SWORN TO AND SUBSCRIBED TO before me this,the day of 20 7N. Notary Public, State of Texas My Commission Expires: (1°6-`. 07/2006 00700-B4 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO.3 TO GENERAL CONDITIONS (1/1"'\ OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR 1. Definitions. For purposes of this Agreement: 1.1 Owner Parties. "Owner Parties" means (a) the City of Pearland, its successors and assigns, and the Engineer, (b) any officers, employees, or agents of such persons or entities, and(c) others as required by the Contract Documents, if any. 1.2 Contractor. "Contractor" shall mean the vendor providing the service or work to be performed under this Agreement. 1.3 Subcontractor. "Subcontractor" shall include subcontractors of any tier. 1.4 ISO. "ISO"means Insurance Services Office. 2. Contractor Insurance Representations to Owner Parties 2.1 It is expressly understood and agreed that the insurance coverages required herein: 2.1.1 represent Owner Parties' minimum requirements and are not to be construed to void or limit the Contractor's indemnity obligations as contained in this Agreement nor represent in any manner a determination of the insurance coverages the Contractor should or should not maintain for its own protection; and 2.1.2 are being, or have been, obtained by the Contractor in support of the Contractor's liability and indemnity obligations under this Agreement. Neither the requirements as to insurance to be carried as provided for herein, the insolvency, bankruptcy or failure of any insurance company carrying insurance of the Contractor, nor the failure of any insurance company to pay claims accruing, shall be held to affect,negate or waive any of the provisions of this Agreement. 2.2 Failure to obtain and maintain the required insurance shall constitute a material breach of, and default under, this Agreement. If the Contractor shall fail to remedy such breach within five (5) business days after notice by the Owner,the Contractor will be liable for any and all costs, liabilities, damages and penalties resulting to the Owner Parties from such breach, unless a written waiver of the specific insurance requirement(s) is provided to the Contractor by the Owner. In the event of any failure by the Contractor to comply with the provisions of this Agreement, the Owner may, without in any way compromising or waiving any right or remedy at law or in equity, on notice to the Contractor, purchase such insurance, at the Contractor's expense, provided that the Owner shall have no obligation to do so and if the Owner shall do so, the Contractor shall not be relieved of or excused from the obligation to obtain and maintain such insurance amounts and coverages. 05/2007 00700-Cl CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 3. Conditions Affecting All Insurance Required Herein 3.1 Cost of Insurance. All insurance coverage shall be provided at the Contractor's sole expense. 3.2 Status and Rating of Insurance Company. All insurance coverage shall be written through insurance companies authorized to do business in the state in which the work is to be performed and rated no less than A-: VII in the most current edition of A. M. Best's Key Rating.Guide. 3.3 Restrictive, Limiting, or Exclusionary Endorsements. All insurance coverage shall be provided to the Owner Parties in compliance with the requirements herein and shall contain no endorsements that restrict, limit, or exclude coverage required herein in any manner without the prior express written approval of the Owner. 3.4 Limits of Liability. The limits of liability may be provided by a single policy of insurance or by a combination of primary and umbrella policies, but in no event shall the total limits of liability available for any one occurrence or accident be less than the amount required herein. 3.5 Notice of Cancellation, Nonrenewal, or Material Reduction in Coverage. All insurance coverage shall contain the following express provision: In the event of cancellation, non-renewal, or material reduction in coverage affecting the certificate holder, thirty (30) days prior written notice shall be given to the certificate holder by certified mail or registered mail,return receipt requested. 3.6 Waiver of Subrogation. The Contractor hereby agrees to waive its rights of recovery from the Owner Parties with regard to all causes of property and/or liability loss and shall cause a waiver of subrogation endorsement to be provided in favor of the Owner Parties on all.insurance coverage carried by the Contractor, whether required herein or not. 3.7 Deductible/Retention. Except as otherwise specified herein, no insurance required herein shall contain a deductible or self-insured retention in excess of $25,000 without prior written approval of the Owner. All deductibles and/or retentions shall be paid by, assumed by, for the account of, and at the Contractor's sole risk. The Contractor shall not be reimbursed for same. 4. Maintenance of Insurance. The following insurance shall be maintained in effect with limits not less than those set forth below at all times during the term of this Agreement and thereafter as required: (16'' 05/2007 00700-C2 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.1 Commercial General Liability Insurance (41. 4.1.1 Coverage. Such insurance shall cover liability arising out of all locations and operations of the Contractor, including but not limited to liability assumed under this contract (including the tort liability of another assumed in a business contract). Defense shall be provided as an additional benefit and not included within the limit of liability. 4.1.2 Form. Commercial General Liability Occurrence form (at least as broad as an unmodified ISO CG 0001 0798 or its equivalent). 4.1.3 Amount of Insurance. Coverage shall be provided with limits of not less than: Each Occurrence Limit $1,000,000 General Aggregate Limit $2,000,000 Product-Completed Operations Aggregate Limit $2,000,000 Personal and Advertising Injury Limit $1,000,000 4.1.4 Required Endorsements a. Additional Insured. Additional insured status shall be provided in favor of the Owner Parties on any of the following: is ISO form CG 20 10 11 85; or ii. ISO form CG 20 26 11 85; or iii. a combination of ISO forms CG 20 33 10 01 and CG 20 37 1001; or iv. any form providing equivalent protection to Owner. b. Designated Construction Project(s) Aggregate Limit. The aggregate limit shall apply separately to this Agreement through use of an ISO CG 25 03 03 97 endorsement or its equivalent. c. Notice of Cancellation, Nonrenewal or Material Reduction _in Coverage, as required in 3.5, above. d. Personal Injury Liability. The personal injury contractual liability. exclusion shall be deleted. . e. Primary and Non-Contributing Liability. It is the intent of the parties to this Agreement that all insurance required herein shall be primary to all insurance available to the Owner Parties. The obligations of the Contractor's insurance shall not be affected by any other insurance available to the Owner Parties and shall seek no contribution from the Owner Parties' insurance, whether primary, excess contingent, or on any other basis. The Contractor's insurance coverage shall be endorsed to provide such primary and non- contributing liability. . f. Waiver of Subrogation, as required in 3.6,above. 05/2007 00700-C3 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.1.5 Continuing Commercial General Liability Insurance. The Contractor shall (mmk maintain such insurance in identical coverage, form and amount, including required endorsements, for at least one (1) year following Date of Substantial.Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to Owner stating Work completion date. 4.2 Auto Liability Insurance 4.2.1 Coverage. Such insurance shall cover liability arising out of any auto (including owned,hired, and non-owned). 4.2.2 Form. Business Auto form (at least as broad as an unmodified ISO CA 0001 or its equivalent). 4.2.3 Amount of Insurance. Coverage shall be provided with a limit of not less than $1,000,000. 4.2.4 Required Endorsements a. Notice of Cancellation, Nonrenewal or Material Reduction in Coverage, as required in 3.5, above. b. Waiver of Subrogation,as required in 3.6, above. 4.3 Employer's Liability Insurance 4.3.1 Coverage. Employer's Liability Insurance shall be provided as follows: 4.3.2 Amount of Insurance. Coverage shall be provided with a limit of not less than: Employer's Liability: $1,000,000 each accident and each disease. 4.3.3 Required Endorsements a. Notice of Cancellation, Nonrenewal or Material Reduction in Coverage, as required in 3.5, above. b. Waiver of Subrogation,as required in 3.6, above. 4.4 Umbrella Liability Insurance 4.4.1 . Coverage. Such insurance shall be excess over and be no less broad than all coverages described above and shall include a drop-down provision for exhaustion of underlying limits. 4.4.2 Form. This policy shall have the same inception and expiration dates as the commercial general liability insurance required above. 05/2007 00700-C4 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.4.3 Amount of Insurance. Coverage shall be provided with a limit of not less (."\ than$5,000,000. 4.4.4 Continuing Umbrella Liability Insurance. The Contractor shall maintain such insurance in identical coverage, form and amount, including required endorsements, for at least one (1) year following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to the Owner stating Work completion date. 4.5 Professional Liability Insurance 4.5.1 Coverage. The Contractor shall provide professional liability insurance for claims arising from the negligent performance of professional services of any type, including but not limited to design or design/build services as part of the Work to be performed. 4.5.2 Form. This insurance shall include prior acts coverage sufficient to cover all services rendered by the Contractor and by its consultants under this Agreement. It is recognized that this coverage may be provided on a Claims-Made basis. 4.5.3 Amount of Insurance. Coverage shall be provided with a limit of not less than $1,000,000. 4.5.4 Continuing Professional Liability Insurance. The Contractor shall maintain such insurance in identical coverage, form and amount for at least one (1) year following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to the Owner stating Work completion date. 4.6 Builder's Risk 4.6.1 Insureds. Insureds shall include: a. Owner, General Contactor and all Loss Payees and Mortgagees as Named Insureds; and b. subcontractors of all tiers in the Work as Additional Insureds. 05/2007 00700-C5 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.6.2 Covered Property. Such insurance shall cover: a. all structure(s) under construction, including retaining walls, paved surfaces and roadways, bridges, glass, foundation(s), footings, underground pipes and wiring, excavations, grading, backfilling or filling; b. all temporary structures (e.g., fencing, scaffolding, cribbing, false work, forms, site lighting, temporary utilities and buildings) located at the site; c. all property including materials and supplies on site for installation; d. all property including materials and supplies at other locations but intended for use at the site; e. all property including materials and supplies in transit to the site for installation by all means of transportation other than ocean transit; and f. other Work at the site identified in the Agreement to which this Exhibit is attached. Form a. Coverage shall be at least as broad as an unmodified ISO Special form, shall be provided on a completed-value basis, and shall be primary to any other coverage insurance available to the insured parties, with that other insurance being excess, secondary and non- contributing. b. No protective safeguard warranty shall be permitted. c. Required coverage shall further include: i. Additional expenses due to delay in $ TBD completion of project(where applicable) ii. Agreed value Included without sublimit iii. Damage arising from error, omission or Included without sublimit deficiency in construction methods, design, specifications,workmanship or materials, including collapse iv. Debris removal additional limit 25%of direct damage loss v. Earthquake (where applicable) $ TBD - -- vi. Earthquake sprinkler leakage(where $ TBD applicable) vii. Expediting expenses $ TBD _ _ —Flood(where applicable) $ TBD ix. Freezing Included without sublimit x. Mechanical breakdown, including hot& Included without sublimit cold testing(where applicable) xi. Notice of cancellation,non-renewal or Included material reduction—60 days prior written notice to each insured 05/2007 00700-C6 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT xii. Occupancy clause, as required in F, Included I'` below Ordinance or law Included without sublimit xiv. Pollutant clean-up and removal $TBD xv. Preservation of property Included without sublimit xvi. Replacement cost Included xvii. Theft Included without sublimit xviii. Waiver of subrogation as required in G, Included below. 4.6.3 Amount of Insurance. Coverage shall be provided in an amount equal at all times to the full replacement value and cost of debris removal for any single occurrence. 4.6.4 Deductibles. Deductibles shall not exceed the following: a. All Risks of Direct Damage, Per $5,000 Occurrence, except b. Delayed Opening Waiting Period 5 Days c. Flood, Per Occurrence $25,000 or excess of NFIP if in Flood Zone A, BorV d. Earthquake and Earthquake Sprinkler $25,000 ("h.\ Leakage, Per Occurrence 4.6.5 Termination of Coverage. The termination of coverage provision shall be endorsed to permit occupancy of the covered property being constructed so long as such occupancy does not exceed 20% of the usable area of the property. This insurance shall be maintained in effect, unless otherwise provided for in the Contract Documents, until the earliest of the following dates: a. the date on which all persons and organizations who are insureds under the policy agree that it shall be terminated; b. the date on which final payment, as provided for in the Agreement to which this Exhibit is attached,has been made; or c. the date on which the insurable interests in the Covered Property of all insureds other than Contractor have ceased. ("*.' 05/2007 00700-C7 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.6.6 Waiver of Subrogation. The waiver of subrogation provision shall be Cimb\I endorsed as follows: a. A waiver of subrogation shall be provided in favor of all insureds. b. The waiver of subrogation provisions shall be endorsed as follows: Should a covered loss be subrogated, either in whole or in part, your rights to any recovery will come first, and we will be entitled to a recovery only after you have been fully compensated for the loss. 5. Intentionally left blank. 6. Evidence of Insurance 6.1 Provision of Evidence. Evidence of the insurance coverage required to be maintained by the Contractor, represented by certificates of insurance, evidence of insurance, and endorsements issued by the insurance company or its legal agent, and must be furnished to the Owner prior to commencement of Work and not later than fifteen (15) days after receipt of this Agreement. New certificates of insurance, evidence of insurance, and endorsements shall be provided to the Owner prior to the termination date of the current certificates of insurance, evidence of insurance, and endorsements. 6.2 Form 6.2.1 All property insurance required,herein shall be evidenced by ACORD form 28, "Evidence of Property Insurance". 6.2.2 All liability insurance required herein shall be evidenced by ACORD form 25, "Certificate of Insurance". 6.3 Specifications. Such certificates of insurance, evidence of insurance, and endorsements shall specify: 6.3.1 The Owner as a certificate holder with correct mailing address. 6.3.2 . Insured's name,which must match that on this Agreement. 6.3.3 Insurance companies affording each coverage, policy number of each coverage, policy dates of each coverage, all coverages and limits described herein, and signature of authorized representative of insurance company. 6.3.4 Producer of the certificate with correct address and phone number listed. 6.3.5 Additional insured status required herein. 6.3.6 Amount of any deductibles and/or retentions. 6.3.7 Cancellation, non-renewal and material reduction in coverage notification as required by this Agreement. Additionally, the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon Company, it agents or representatives" shall be deleted from the cancellation provision of the ACORD 25 certificate of insurance form. 6.3.8 Designated Construction Project Aggregate Limits required herein. 6.3.9 Personal Injury contractual liability required herein. 05/2007 00700-C8 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6.3.10 Primary and non-contributing status required herein. (12*"\, 6.3.11 Waivers of subrogation required herein. 6.4 Required Endorsements. A copy of each of the required endorsements shall also be provided. 6.5 Failure to Obtain. Failure of any Owner Party to demand such certificate or other evidence of full compliance with these insurance requirements or failure of any Owner Party to identify a deficiency from evidence that is provided shall not be construed as a waiver of the Contractor's obligation to maintain such insurance. 6.6 Certified Copies. Upon request of any Owner Party, the Contractor shall provide to the Owner a certified copy of all insurance policies required herein within ten (10) days of any such request. Renewal policies, if necessary, shall be delivered to the Owner prior to the expiration of the previous policy. 6.7 Commencement of Work. Commencement of Work without provision of the required certificate of insurance, evidence of insurance and/or required endorsements, or without compliance with any other provision of this Agreement, shall not constitute a waiver by any Owner Party of any rights. The Owner shall have the right, but not the obligation, of prohibiting the Contractor or any subcontractor from performing any Work until such certificate of insurance, evidence of insurance and/or required endorsements are received and approved by the Owner. 7. Insurance Requirements of Contractor's Subcontractors 7.1 Insurance similar to that required of the Contractor shall be provided by all subcontractors (or provided by the Contractor on behalf of subcontractors) to cover operations performed under any subcontract agreement. The Contractor shall be held responsible for any modification in these insurance requirements as they apply to subcontractors. The.Contractor shall maintain certificates of insurance from all subcontractors containing provisions similar to those listed herein (modified to recognize that the certificate is from subcontractor) enumerating, among other things, the waivers of subrogation, additional insured status, and primary liability as required herein, and make them available to the Owner upon request. 7.2 The Contractor is fully responsible for loss and damage to its property on the site, including tools and equipment, and shall take necessary precautions to prevent damage to or vandalism, theft, burglary, pilferage and unexplained disappearance of property. Any insurance covering the Contractor's or its subcontractor's property shall be the Contractor's and its subcontractor's sole and complete means or recovery for any such loss. To the extent any loss is not covered by said insurance or subject to any deductible or co-insurance, the Contractor shall not be reimbursed for same. Should the Contractor or its subcontractors choose to self insure this risk, it is expressly agreed that the Contractor hereby waives, and shall cause its subcontractors to waive, any claim for damage or loss to said property in favor of the Owner Parties. 05/2007 00700-C9 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 8. Use of the Owner's Equipment. The Contractor, its agents, employees, subcontractors or \i suppliers shall use the Owner's equipment only with express written permission of the Owner's designated representative and in accordance with the Owner's terms and condition for such use. If the Contractor or any of its agents, employees, subcontractors or suppliers utilize any of the Owner's equipment for any purpose, including machinery, tools, scaffolding, hoists, lifts or similar items owned, leased or under the control of the Owner, the Contractor shall defend, indemnify and be liable to the Owner Parties for any. and all loss or damage which may arise from such use. 9. Release and Waiver. The Contractor hereby releases, and shall cause its subcontractors to release, the Owner Parties from any and all claims or causes of action whatsoever which the Contractor and/or its subcontractors might otherwise now or hereafter possess resulting in or from or in any way connected with any loss covered by insurance, whether required herein or not, or which should have been covered by insurance required herein, including the deductible and/or uninsured portion thereof, maintained and/or required to be maintained by the Contractor and/or its subcontractors pursuant to this Agreement. • 05/2007 00700-C10 CITY OF PEARLAND SPECIAL CONDITIONS OF AGREEMENT Section 00800 SPECIAL CONDITIONS OF AGREEMENT The following Special Conditions modify the General Conditions,Document 00700. Where a portion of the General Conditions is modified or deleted by these Special Conditions,the unaltered portions of the General Conditions shall remain in effect. 1.01 Add the following paragraph to the end of Article 1.01: The OWNER'S representative on the project site is: telephone 1.07 Add the following sentence to Article 1.07: Working hours are from 9:00 a.m.to 3:00 p.m. 4.05 Add the following paragraph to Article 4.05: A Maintenance Bond in accordance with Document 00612 of the Project Manual is required for this Project. The cost of this bond shall be included in the CONTRACTOR'S Bid Proposal. Attachment No.3 to General Conditions,Owner's Insurance Requirements of Contractor,Article 4.6 Builder's Risk—Builder's Risk Insurance is not required for this project. END OF SECTION CuihN' 09/2007 00800- 1 of 1 CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION Section 00811Clah : WAGE SCALE FOR ENGINEERING CONSTRUCTION 1.01 In accordance with the Prevailing Wage law on Public Works (Article 2258 of the Texas Government Code), the public body awarding the contract does hereby specify the rates shown in Table 00811-A following to be the general prevailing rates in the locality in which the work is being performed. 1.02 This prevailing wage rate does not prohibit the payment of more than the rates stated. 1.03 The wage scale for engineering construction is to be applied to all site work greater than five (5) feet from an exterior wall of new building under construction or from an exterior wall of an existing building. (II"\ 07/2006 00811 —1 of 4 Page 1 of 3 GENERAL DECISION: TX20080054 04/11/2008 TX54 Date: April 11, 2008 General Decision Number: TX20080054 04/11/2008 Superseded General Decision Number: TX20070056 State: Texas Construction Type: Heavy County: Brazoria County in Texas. HEAVY CONSTRUCTION PROJECTS (Including Water and Sewer Lines (Does Not Include Flood Control) Modification Number Publication Date 0 02/08/2008 1 03/28/2008 2 04/11/2008 * SFTX0669-001 04/01/2008 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) $ 25.30 13.30 SUTX2005-018 05/18/2005 (1111111 Rates Fringes Carperter $ 14.38 0.00 CEMENT MASON/CONCRETE FINISHER $ 11.37 1.13 ELECTRICIAN $ 18.40 1.34 Formbuilder/Formsetter $ 9.83 1. 69 IRONWORKER, REINFORCING $ 11.29 0.00 . Laborers: Common $. 8.99 1.25 Landscape $ 7.35 0.00 Mason Tender Cement $ 9.96 0.00 Pipelayer $ 9.63 1.50 PIPEFITTER $ 17.00 0.04 POWER EQUIPMENT OPERATOR: Backhoe $ 12.74 0.00 Bulldozer $ 12.46 0.00 Crane $ 11.00 0.74 Excavator $ 16.74 0.00 Front End Loader $ 10.47 1.28 Grader $ 12.20 1.48 Tractor $ 11.29 1.45 00811-2 of 4 Page 2 of 3 TRUCK DRIVER $ 14.42 1.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. 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 (29CFR 5.5 (a) (1) (ii) ) . In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1. ) Has there been an initial decision in the matter? This can . be: * an existing published wage determination * a survey underlying a wage determination 1.1' * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2. ) and 3. ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 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: 11111 Wage and Hour Administrator. U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 00811 -3 of 4 Page 3 of 3 The request should be accompanied by a full statement of the (1111.1.\ interested party's position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3. ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION (1111111 00811—4 of 4 CITY OF PEARLAND TECHNICAL SPECIFICATIONS DIVISION 1 TECHNICAL SPECIFICATIONS DIVISION 1 GENERAL REQUIREMENTS 04/2008 CITY OF PEARLAND SUMMARY OF WORK Section 01100 SUMMARY OF WORK 1.0 GENERAL 1.01 SECTION INCLUDES • A A summary of the Work to be performed under this Contract,work by Owner,Owner furnished products, Work sequence, future Work, Contractor's use of Premises, and Owner occupancy. 1.02 WORK COVERED BY CONTRACT DOCUMENTS A Work of the Contract is for the construction of : cutting, plugging and filling of approximately 9,000 feet of 16" water line and cutting, removing, and properly disposing of approximately 905 feet of 16" Asbestos Concrete (AC) water line, as shown in plans and called in the contract documents. All Asbestos Abatement submittals,pre-construction and post-construction notifications,project coordination and meetings is included in the cost of the project. 1.03 WORK BY OWNER (111111'\' A NOT USED 1.04 OWNER FURNISHED PRODUCTS A NOT USED 1.05 WORK SEQUENCE A NOT USED B Contractor to submit project schedule to Engineer&Owner for approval as specified in Section 01300—Submittals. C Contractor shall coordinate the Work with the Engineer and Owner as specified in Section 01040 - Coordination and Meetings.. 1.06 FUTURE WORK A NOT USED 1.07 CONTRACTOR'S USE OF PREMISES A Comply with procedures for access to the site and Contractor's use of rights-of-way as (lb\ specified in Section 01140 - Contractor's Use of Premises. B Contractor shall be responsible for all utilities required for construction. 05/2008 01100- 1 of 2 CITY OF PEARLAND SUMMARY OF WORK 1.08 OWNER OCCUPANCY A Cooperate with the Owner to minimize conflict, and to .facilitate the Owner's operations. Coordinate Contractor's activities with Engineer. B Schedule Work to accommodate this requirement. 2.0 PRODUCTS- NotUsed 3.0 EXECUTION -NotUsed END OF SECTION 05/2008 01100-2 of 2 CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES(t‘ Section 01140 CONTRACTOR'S USE OF PREMISES 1.0 GENERAL 1.01 SECTION INCLUDES A General use of the Project Site including properties inside and outside of the limits of construction, work affecting roads,ramps, streets and driveways and notification to adjacent occupants: B References to Technical Specifications: 1 Section 01350—Submittals 2 Section 01730—Cutting&Patching 3 Section 01555—Traffic Control &Regulation 4 Section 01562 Waste Material Disposal 5 Section 01720—Field Surveying 6 Section 02980—Pavement Repair 7 Section 02770—Curbs, Curb&Gutter, &Headers 8 Section 02255—Bedding,Backfill, &Embankment Materials 9 Section 02922—Sodding 10 Section 02921 —Hydromulch Seeding (.114n\ 1.02 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350-- Submittals. 1.03 LIMITS OF CONSTRUCTION A Confine access,operations,and storage areas to limits of construction as shown on the Plans provided by Owner as stipulated in Section 00700 — General Conditions of Agreement; trespassing on abutting lands or other lands in the area is not allowed. B Contractor may make arrangements,at Contractor's cost,for temporary use of private properties,in which case Contractor and Contractor's surety shall indemnify and hold harmless the Owner against claims or demands arising from such use of properties outside of the limits of construction: 1. Improvements to private properties made for the Contractor's use must be removed upon completion of the Work. a. No fill material may be placed in temporary work areas or on adjacent private properties without the written permission of the Engineer or the issuance of a Fill Permit by the City of Pearland or other governing entity. C Restrict total length which materials may be distributed along the route of the (111.b.‘' construction at any one time to 1,000 linear feet unless otherwise approved by Engineer. 02/2008 01140-1 of 4 • CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES 1.04 PROPERTIES OUTSIDE OF LIMITS OF CONSTRUCTION A Altering the condition of properties adjacent to and along the limits of construction will not be permitted unless authorized by the Engineer and property owner(s). B Means,methods,techniques,sequences,or procedures which will result in damage to properties or improvements in the vicinity outside of the limits of construction will not be permitted. C Any damage to properties outside of the limits of construction shall be repaired or replaced to the satisfaction of the Engineer and at no cost to the Owner. D Contractor shall protect or replace all property corners, monuments or other demarcations disturbed, damaged or lost as a result of his activities. The replacement of these devices shall be properly documented to the satisfaction of the City by a Registered Public Land Surveyor with copies delivered to the Owner or private property owner. 1.05 USE OF SITE A Obtain approvals of governing authorities prior to impeding or closing public roads or streets. Do not close consecutive intersections simultaneously B Notify Engineer 48 hours prior to closing a street or a street crossing. Permits for street closures are required in advance and are the responsibility of the Contractor. C Maintain access for emergency vehicles including access to fire hydrants. D Avoid obstructing drainage ditches or inlets; when obstruction is unavoidable due to requirements of the Work, provide grading and temporary drainage structures to maintain unimpeded flow. - E Locate and protect private lawn sprinkler systems which may exist on rights-of-ways within the Project Site. Repair or replace damaged systems to condition equal to or better than that existing at start of the Work. F When required by the Work, cutting, patching, and fitting of Work to existing facilities,accommodating installation or connection of Work with existing facilities,or uncovering Work for access, inspection, or testing shall be performed in accordance with Section 01730—Cutting&Patching. G Fires are not permitted on the Project Site. 1.06 NOTIFICATION TO ADJACENT OCCUPANTS A Notify individual occupants in areas to be affected by the Work of the proposed construction and time schedule. Notification shall be 24 hours,72 hours and 2 weeks prior to work being performed within 200 feet of the homes or businesses. 02/2008 01140-2 of 4 CITY OF PEARLAND' CONTRACTOR'S USE OF PREMISES Clib\ B Include in notification names and telephone numbers of two representatives for resident contact,who will be available on 24-hour call. Include precautions which will be taken to protect private property and identify potential access or utility inconvenience or disruption. C Submit proposed notification to Engineer for approval. Consideration shall be given to the ethnicity of the neighborhood where English is not the dominant language. Notice shall be in an understandable language. 1.07 EXCAVATION IN STREETS AND DRIVEWAYS A Avoid hindering or needlessly inconveniencing public travel on a street or any intersecting alley or street for more than two blocks at any one time, except by permission of the Engineer. B Obtain the Engineer's approval when the nature of the Work requires closing of an entire street. Permits required for street closure are the Contractor's responsibility. Avoid unnecessary inconvenience to abutting property owners. C Remove surplus materials and debris and open 1000 feet or less for public use as work in that block is complete. D Acceptance of any portion of the Work will not be based on return of street to public use. E Avoid obstructing driveways or entrances to privateproperty. F Provide temporary crossing or complete the excavation and backfill in one continuous operation to minimize the duration of obstruction when excavation is required across drives or entrances. G Provide barricades and signs in accordance with Section 01555 —Traffic Control & Regulation. 1.08 CLEAN-UP A Maintain Project Site in a neat and orderly manner. B Perform daily clean-up in and around construction zone of dirt,debris,scrap materials, other disposable items. C Leave streets, driveways, and sidewalks broom-clean or its equivalent at the end of each work day. D Promptly remove barriers,signs,and components of other control systems that are no longer being utilized. E Dispose of waste and excess materials in accordance with requirements of Section 01562-Waste Material Disposal. 02/2008 01140-3 of 4 CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES 1.09 RESTORATION A Restore damaged permanent facilities to pre-construction conditions unless replacement or abandonment of facilities is indicated on the Plans. B Repair/Replace removed or damaged pavement in accordance with Section 02980— Pavement Repair and removed or damaged curbs,gutters, and headers in accordance with Section 02770 — Curbs, Curb & Gutter, & Headers. Repair/Replace with like materials to match existing style, lines, grades, etc., unless otherwise directed by Engineer. C Repair turf areas which become damaged by Contractor's operations at no additional cost to Owner. Level with bank sand or topsoil, conforming to Section 02255 —Bedding, Backfill, & Embankment Materials, as approved by the Engineer. Provide sodding in areas of residential land use over the surface of ground disturbed during construction and not paved, or not designated to be paved, in accordance with Section 02922—Sodding. Use only block sodding; do not use spot sodding or sprigging Provide hydromulch seeding in areas of commercial,industrial or undeveloped land use over the surface of ground disturbed during construction and not paved, or not designated to be paved, in accordance with Section 02921 —Hydromulch Seeding. Water and level newly sodded areas with adjoining turf using steel wheel rollers appropriate for sodding. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - NotUsed END OF SECTION 02/2008 01140-4 of 4 CITY OF PEARLAND MEASUREMENT AND PAYMENT PROCEDURES ( Section 01200 MEASUREMENT AND PAYMENT PROCEDURES 1.0 GENERAL 1.01 SECTION INCLUDES A Procedures for measurement and payment of Work. B Conditions for nonconformance assessment and nonpayment for rejected products. C References to Technical Specifications: See Bid Proposal Sheet D Reference Standards: 1. Concrete Reinforcing Steel Institute,(CRS') 2. American Institute of Steel Construction (AISC) 1.02 AUTHORITY A Units and methods delineated in this Section are intended to complement the criteria of the Technical Specifications and Section 00300—Bid Proposal. B In the event of conflict, the unit specified for Bid Items in Section 00300 — Bid C.16'\ Proposal shall govern. C Measurements and quantities submitted by the Contractor will be verified by the Engineer. D Contractor shall provide necessary equipment, workers, and survey personnel as required by Engineer to verify quantities. 1.03 UNIT QUANTITIES SPECIFIED A Quantity and measurement estimates stated in Section 00300—Bid Proposal are for contract purposes only.Quantities and measurements supplied or placed in the Work, authorized and verified by Engineer shall determine payment as stated in Section 00700—General Conditions of Agreement. B If the actual Work requires greater or lesser quantities than those quantities indicated in Section 00300 — Bid Proposal, provide the required quantities at the unit prices contracted except as otherwise stated in Section 00700 — General Conditions of Agreement or in executed Change Order. 1.04 MEASUREMENT OF QUANTITIES A Measurement by Weight: Reinforcing steel, rolled or formed steel or other metal shapes will be measured by CRSI or AISC Manual of Steel Construction weights. Welded assemblies will be measured by CRSI or AISC Manual of Steel Construction or scale weights. 052007 01200- 1 of 3 CITY OF PEARLAND . MEASUREMENT AND PAYMENT PROCEDURES B Measurement by Volume: 1. Stockpiles: Measured by cubic dimension using mean length, width, and `--) height or thickness. 2. Excavation and Embankment Materials: Measured by cubic dimension using the average end area method. C Measurement by Area: Measured by square dimension using mean length and width or radius. D Linear Measurement: Measured by linear dimension, at the item centerline or mean chord. E Stipulated Price Measurement: By unit designated in the agreement. F Other: Items measured by weight,volume; area, or lineal means or combination, as appropriate, as a completed item or unit of the Work. 1.05 PAYMENT A Payment includes full compensation for all required supervision,labor,products,tools, equipment,plant,transportation, services,and incidentals;and erection,application or installation of an item of the Work; and Contractor's overhead and profit. The price bid shall include the total cost for required Work. Claims for payment as Unit Price Work not specifically covered in Section 00300—Bid Proposal will not be accepted. B Progress Payments for Unit Price Work will be based on the Engineer's observations and evaluations of quantities incorporated in the Work multiplied by the unit price. C Progress Payments for Lump Sum Work will be based on the Engineer's observations and evaluations of the percentage of quantities included in the schedule of values incorporated in the Work. D Final Payment for Work,governed by unit prices will be made on the basis of the actual measurements and quantities determined by Engineer multiplied by the unit price for Work which is incorporated in or made necessary by the Work. 1.06 NONCONFORMANCE ASSESSMENT A Remove and replace the Work, or portions of the Work, not conforming to the Contract Documents. B If, in the opinion of the Engineer, it is not practical to remove and replace the Work, the Engineer will direct one of the following remedies: 1. The nonconforming Work will remain as is, but the unit price will be adjusted to a lower price at the discretion of the Engineer. 2. The nonconforming Work will be modified as authorized by the Engineer, and the unit price will be adjusted to a lower price at the discretion of the Engineer, if the modified Work is deemed to be less suitable than originally specified. 05/2007 01200-2 of 3 CITY OF PEARLAND MEASUREMENT AND PAYMENT PROCEDURES C Individual Technical Specifications may modify these options or may identify a specific formula or percentage price reduction. D The authority of the Engineer to assess the nonconforming Work and identify payment adjustment is final. 1.07 NONPAYMENT FOR REJECTED PRODUCTS A Payment will not be made for any of the following: 1. Products wasted or disposed of in a manner that is not acceptable to Engineer. 2. Products determined as nonconforming before or after placement. 3. Products not completely unloaded from transporting vehicle.. 4. Products placed beyond the lines and levels of the required Work. 5. Products remaining on hand after completion of the Work, unless specified otherwise. 6. Loading,hauling, and disposing of rejected products. 2.0 PRODUCTS - NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 05/2007 01200-3of3 CITY OF PEARLAND CHANGE ORDER PROCEDURES Section 01290 CHANGE ORDER PROCEDURES 1.0 GENERAL 1.01 SECTION INCLUDES A Procedures for processing Change Orders, including: 1. Assignment of a responsible individual for approval and communication of changes in the Work; 2. Documentation of change in Contract Price and Contract Time; 3. Change procedures,using proposals and construction contract modifications,Work Change Directive, Stipulated Price Change Order,Unit Price Change Order,Time and Materials Change Order; 4. Execution of Change Orders; 5. Correlation of Contractor Submittals. B References to Technical Specifications: 1. Section 01350 Submittals 2. Section 01760=Project Record Documents C Other References: . 1. Rental Rate Blue Book for Construction Equipment (Data Quest Blue Book). Rental Rate is defined as the full unadjusted base rental rate for the appropriate item of construction equipment. 1.02 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350— Submittals. 1.03 RESPONSIBLE INDIVIDUAL A Contractor shall provide a letter indicating the name and address of the individual authorized to execute change documents, and who shall also be responsible for informing others in Contractor's employ and Subcontractors of changes to the Work. The information shall be provided at the Preconstruction Conference. 1.04 DOCUMENTATION OF CHANGE IN CONTRACT PRICE AND CONTRACT TIME A Provide full information required for identification and evaluation of proposed changes, and to substantiate costs of proposed changes in the Work. B Contractor shall document each Proposal for Change in cost or time with sufficient data to allow for its evaluation. 02/2008 01290-1 of 4 CITY OF PEARLAND CHANGE ORDER PROCEDURES C Proposal for Change shall include, as a minimum, the following information as applicable: 1. Original Quantities of items in Section 00300—Bid Proposal with additions, reductions, deletions, and substitutions. 2. When Work items were not included in Section 00300-Bid Proposal, Contractor shall provide unit prices for the new items, with supporting information as required by the Engineer. 3. Justification for any change in Contract Time. 4. Additional data upon request. D For changes in the Work performed on a time-and-material basis, the following additional information may be required: 1. Quantities and description of products and equipment. 2. Taxes,insurance and bonds. 3. Overhead and profit as noted in Section 00700—General Conditions of Agreement,7.03 "Extra Work". 4. Dates and times work was performed, and by whom. 5. Time records and certified copies of applicable payrolls. 6. Invoices and receipts for products,rented equipment, and subcontracts, similarly documented. E Rented equipment will be paid to the Contractor by actual invoice cost for the duration of time required to complete the extra work. If the extra work comprises only a portion of the rental invoice where the equipment would otherwise be on the site,the '-'11) Contractor shall compute the hourly equipment rate by dividing the actual monthly invoice by 176. (One day equals 8 hours and one week equals 40 hours.) Operating costs shall not exceed the estimated operating costs given for the item of equipment in the Blue Book. F For changes in the work performed on a time-and-materials basis using Contractor- owned equipment, compute rates with the Blue.Book as follows: 1. Multiply the appropriate Rental Rate by an adjustment factor of 70 percent plus the full,rate shown for operating costs. The Rental Rate utilized shall be the lowest cost combination of hourly, daily, weekly or monthly rates. Use 150 percent of the Rental Rate for double shifts (one extra shift per day) and 200 percent of.the Rental Rate for more than two shifts per day. No other rate adjustments shall apply. 2. Standby rates shall be 50 percent of the appropriate Rental Rate shown in the Blue Book. Operating-costs will not be allowed. 1.05 CHANGE PROCEDURES A Changes to Contract Price or Contract Time can only be made by issuance of a Change Order. Issuance of a Work Change Directive or written acceptance by the Engineer of changes will be formalized into Change Orders.. All such:changes will be in accordance with the requirements of Section 00700 — General Conditions of Agreement,7.01 "Change Orders". 02/2008 01290-2 of 4 CITY OF PEARLAND CHANGE ORDER PROCEDURES The Engineer will advise Contractor of Minor Changes in the Work not involving an adjustment to Contract Price or Contract Time as authorized by Section 00700 — General Conditions of Agreement, 7.02 "Minor Changes", by issuing supplemental instructions. C Contractor may request clarification of Plans, Technical Specifications or Contract Documents or other information. Response by the Engineer to a Request for Information does not authorize the Contractor to perform tasks outside the scope of the . . Work. All changes must be authorized as described in this Section. 1.06 PROPOSALS FOR CHANGE AND CONTRACT MODIFICATION A The Engineer may issue a Request for Proposal,which includes a detailed description of a proposed change with supplementary or revised Plans and Technical Specifications.The Engineer may also request a proposal in the response to a Request for Information. Contractor will prepare and submit its Proposal for Change within 7 days or as specified in the request. B The Contractor may propose an unsolicited change by submitting a Proposal for Change to the Engineer describing the proposed change and its full effect on the Work, with a statement describing the reason for the change and the effect on the Contract Price and Contract Time including full documentation. 1.07 WORK CHANGE DIRECTIVE A Engineer may issue a signed Work Change Directive instructing the Contractor to proceed with a change in the Work,for subsequent inclusion in a Change Order. B The document will describe changes in the Work and will designate a method of determining any change in Contract Price or Contract Time. C Contractor shall proceed promptly to execute the change s in the Work in accordance with the Work Change Directive. 1.08 STIPULATED PRICE CHANGE ORDER A A Stipulated Price Change Order will be based on an accepted Proposal for Change including the Contractor's lump sum price quotation. 1.09 UNIT PRICE CHANGE ORDER A Where Unit Prices for the affected items of the.Work are included in Section 00300- Bid Proposal , the Unit Price Change Order will be based on unit prices as originally bid, subject to provisions of Section 00700—General Conditions of Agreement. B Where unit prices of the Work are not pre-determined in Section 00300 — Bid Proposal, Work Change Directive or accepted Proposal for Change will specify the (1111'\ unit prices to be used. 02/2008 01290-3 of 4 CITY OF PEARLAND CHANGE ORDER PROCEDURES 1.10 TIME-AND-MATERIAL CHANGE ORDER l A Contractor shall provide an itemized account and supporting data after completion of change,within time limits indicated for claims in Section.00700—General Conditions of Agreement. B Engineer will determine the change allowable in Contract Price and Contract Time as provided in Section 00700—General Conditions of Agreement. C Contractor shall maintain detailed records of work done on time-and-material basis as specified in this Section, 1.04 "Documentation of Change in Contract Price and Contract Time". D Contractor shall provide full information required for evaluation of changes,and shall substantiate costs for changes in the Work. 1.11 EXECUTION OF CHANGE DOCUMENTATION A Engineer will issue Change Orders,Work Change Directives, or accepted Proposals for Change for signatures of parties named in Section 00500 — Standard Form of Agreement. 1.12 CORRELATION OF CONTRACTOR SUBMITTALS A For Stipulated Price Contracts, Contractor shall promptly revise Schedule of Values and Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Price. B For Unit Price Contracts,the next monthly Application for Payment of the Work after acceptance of a Change Order will be revised to include any new items not previously included and the appropriate unit rates. C Contractor shall promptly revise progress schedules to reflect any change in Contract Time,and shall revise schedules to adjust time for other items of work affected by the change, and resubmit for review. D Contractor shall promptly enter changes to the on-site and record copies of the Plans, Technical Specifications or Contract Documents as required in Section 01760 — Project Record Documents. 2.0 • PRODUCTS - NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 02/2008 01290-4 of 4 CITY OF PEARLAND COORDINATION AND MEETINGS Section 01310 COORDINATION AND MEETINGS 1.0 GENERAL 1.01 SECTION INCLUDES A Section includes general coordination including Preconstruction Conference, Site Mobilization Conference, and Progress Meetings. B References to Technical Specifications: 1. Section 01100—Summary of Work 1.02 RELATED DOCUMENTS A Coordination is required throughout the documents. Refer to all of the Contract Documents and coordinate as necessary. 1.03 ENGINEER AND REPRESENTATIVES A The Engineer may act directly or through designated representatives as defined in Section 00700 — General Conditions of Agreement, 1.01 "Owner, Contractor, and Engineer", and as identified by name at the Preconstruction Conference. 1.04 CONTRACTOR COORDINATION A Coordinate scheduling,submittals,and work of the various Technical Specifications to assure efficient and orderly sequence of installation of interdependent construction elements. B Coordinate completion and clean up of the Work for Substantial Completion and for portions of the Work designated for Owner's partial occupancy. C Coordinate access to Project Site for correction of nonconforming.work to minimize disruption of Owner's activities where Owner is in partial occupancy. 1.05 PRECONSTRUCTION CONFERENCE A Engineer will schedule a Preconstruction Conference. B Attendance Required: Engineer's representatives,Consultants,Contractor,and major Subcontractors. C Agenda: 1. Distribution of Contract Documents. 2. Designation of personnel representing the parties to.the Contract, and the Consultant. 3. Review of insurance: 02/2008 01310-1 of 3 CITY OF PEARLAND COORDINATION AND MEETINGS 4. Discussion of formats proposed by the Contractor for Schedule of Values, and Construction Schedule. 5. Discussion of required Submittals,including,but not limited to,Work Plans, Traffic Control Plans, Safety Programs, Construction Photographs. 6. Procedures and processing of Shop Drawings and other submittals, substitutions,Applications for Payment,Requests for Information,Request for Proposal, Change Orders, and Contract Closeout. 7. Scheduling of the Work and coordination with other contractors. 8. Review of Subcontractors. 9. Appropriate agenda items listed in this Section, 1.06 "Site Mobilization Conference",when Preconstruction Conference and Site Mobilization Conference are combined. 10. Procedures for testing. 11. Procedures for maintaining Project Record Documents. 12. Designation of the individual authorized to execute change documents and their responsibilities. 13. Discussion of requirements of a Trench Safety Program. 1.06 SITE MOBILIZATION CONFERENCE A When required by Section 01100—Summary of Work,Engineer will schedule a Site Mobilization Conference at the Project Site prior to Contractor occupancy. B Attendance Required: Engineer representatives, Consultants, Contractor's ;^ Superintendent, and major Subcontractors. C_ Agenda: 1. Use of premises by Owner and Contractor 2. Safety and first aid procedures 3. Construction controls provided by Owner 4. Temporary utilities 5. Survey and layout - 6. Security and housekeeping procedures 1.07 PROGRESS MEETINGS A Progress Meetings shall be held at Project Site or other location as designated by the Engineer. Meeting shall be held at monthly intervals, or more frequent intervals if directed by Engineer. B • Attendance Required: Job superintendent, major Subcontractors and suppliers, Engineer representatives, and Consultants as appropriate to agenda topics for each meeting. C Engineer or City's representative will make arrangements for meetings,and recording minutes: D Engineer or City's representative will prepare the agenda and preside at meetings. 02/2008 01310-2 of 3 CITY OF PEARLAND COORDINATION AND MEETINGS (°11.b E Contractor shall provide required information and be prepared to discuss each agenda item. F Agenda: 1. Review minutes of previous meeting. 2. Review of Construction Schedule,Applications for Payment,payroll and compliance submittals. 3. Field observations,problems, and decisions. 4. Identification of problems which impede planned progress. 5. Review of Submittal Schedule and status of submittals. 6. Review status of Requests for Information, Requests for Proposal. 7. Review status of Change Orders. 8. Review of off-site fabrication and delivery schedules. 9. Maintenance of updates to Construction Schedule. 10. Corrective measures to regain projected schedules. 11. Planned progress during succeeding work period. 12. Coordination of projected progress. 13. Maintenance of quality and work standards. 14. Effect of proposed changes on Construction Schedule and coordination. 15. Other items relating to the Work. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - NotUsed END OF SECTION • • Cghk\ 02/2008 01310-3 of 3 CITY OF PEARLAND SUBMITTALS Section 01350 SUBMITTALS 1.0 GENERAL This Section contains general lists of Submittals and Technical Specifications that may be required for the Work. When Submittals are required elsewhere in these Technical Specifications,refer to this Section for Submittal requirements and procedures. • 1.01 SECTION INCLUDES • A Submittal procedures for: 1. Schedule of Values 2. Construction Schedules • 3. Shop Drawings, Product Data, and Samples 4. Operations and Maintenance Data 5. Manufacturer's Certificates 6. Construction Photographs 7. Project Record Documents 8. Design Mixes B References to the following Technical Specifications: (II 1. Section 01310—Coordination &Meetings 2. Section 01630—Product Options &Substitutions 3. Section 01100 Summary of Work 4. Section 01380—Construction Photographs 5. Section 01760—Project Record Documents 6. Section 02530—Gravity Sanitary Sewers 1.02 SUBMITTAL PROCEDURES A Scheduling and Handling 1: Schedule Submittals well in advance of the need for material or equipment for construction. Allow time to make delivery of material or equipment after Submittal is approved. 2. Develop a Submittal Schedule that allows sufficient time for initial review, correction,resubmission and final review of all submittals.The Engineer will review and return submittals to the Contractor as expeditiously as possible but the amount of time required for review will vary depending on the complexity and quantity of data submitted. In no case will a Submittal Schedule be acceptable which allows less than 30 days for initial review by the Engineer. This time for review shall in no way be justification for delays or additional compensation to the Contractor. 3. The Engineer's review of submittals covers conformity to the Plans,Technical Specifications, and dimensions which affect the layout. The Contractor is responsible for quantity determination: The Contractor is responsible for any errors, omissions or deviations from the Contract requirements; review of 01/2008 01350-1 of 7 CITY OF PEARLAND SUBMITTALS submittals in no way relieves the Contractor from his obligation to furnish n required items according to the Plans and Technical Specifications. 4. Submit 5 copies of documents unless otherwise specified in this Section or by individual Technical Specifications. 5. Revise and resubmit submittals as required. Identify all changes made since previous submittal. 6. The Contractor shall assume the risk for material or equipment which is fabricated or delivered prior to approval. No material or equipment shall be incorporated into the Work or included in Applications.for Payment until approval has been obtained in the specified manner. B Transmittal Form and Numbering 1. Transmit each submittal to the Engineer with a transmittal form. 2. Sequentially number each transmittal form beginning with the number 1. Re- Submittals shall use the original number with an alphabetic suffix(i.e.,2A for first Re-Submittal of Submittal 2 or 15C for third Re-Submittal of Submittal 15). Each submittal shall only contain one type of work, material, or equipment. Mixed submittals will not be accepted. 3. Identify variations from requirements of Contract Documents and identify product or system limitations. 4. For submittal numbering of video tapes, see this Section, 1.10 "Video". C Contractor's Certification 1. Each submittal shall contain a statement or stamp signed by the Contractor, certifying that the items have been reviewed in detail and are correct and in accordance with Contract Documents, except as noted by any requested variance. 1.03 ' SCHEDULE OF VALUES A Submit a Schedule of Values at least 10 days prior to the first Application for Payment. A Schedule of Values shall be provided for each of the items indicated as Lump Sum (LS) in Section 00300 —Bid Proposal for which the Contractor requests to receive Progress Payments. B Schedule of Values shall be typewritten on 8-1/2"x 11",plain bond,white paper. Use the Table of Contents of this Project Manual as a format for listing costs of Work by Section. C Round off figures for each listed item to the nearest$100.00 except for the value of one item, if necessary, to make the total price for all items listed in the Schedule of Values equal to the applicable Lump Sum in Section 00300—Bid Proposal. D For Unit Price Contracts, items should include a proportional share of Contractor's overhead and profit, such that the total of all items listed in the Schedule of Values equals the Contract amount. For Stipulated Price Contracts,Mobilization,Bonds,and Insurance may be listed as separate items in the Schedule of Values. 01/2008 01350-2 of 7 CITY OF PEARLAND SUBMITTALS E For Lump Sum equipment items,, where Submittals for Testing, Adjusting, and Balancing Reports in conjunction with Operation and Maintenance Data are required, include a separate item for equipment Operation and Maintenance Data Submittals and a separate item for Submittals of equipment Testing, Adjusting, and Balancing Reports, each valued at five (5)percent of the Lump Sum. F Revise the Schedule of Values and resubmit for items affected by contract modifications,Change Orders,and Work Change Directives. Submit revised Schedule of Values 10 days prior to the first Application for Payment after the changes are • approved by the Engineer. 1.04 CONSTRUCTION SCHEDULES A Submit Construction Schedules for the Work in accordance with the requirements of this Section. The Construction Schedule Submittal shall be,at a minimum,a bar chart, (computer generated or prepared manually) and'a narrative report: B During the Preconstruction Meeting, as noted in Section 01310 - Coordination and Meetings, the Contractor shall provide a sample of the format to be used for the Construction Schedule Submittal.The format is subject to approval by the Engineer. Review of the Submittal will be provided within 7 days of the Submittal of the sample. C Within 7 days of the receipt of approval of the Contractor's format,'or 14 days of the Notice to Proceed, whichever is later, the Contractor shall submit a proposed Construction Schedule for review. The Construction Schedule Submittal shall meet the following requirements: 1. The Construction Schedule shall usually include'a total of at least 20 but not more than 50 activities. Fewer activities may be accepted,if approved by the Engineer. ' 2. 'For Projects with work at different physical locations,each location should be indicated separately within the Construction Schedule. 3. For projects with multiple crafts or significant subcontractor components,these elements should be indicated separately'within the Construction Schedule. 4. For Projects with multiple types of tasks within the scope,these types of work should be indicated separately within the.Construction Schedule. 5. For Projects with significant major equipment items or materials worth over 25 percent of the Total Contract Price, the Construction Schedule shall indicate dates when these items are to be purchased,when they are to be delivered,and when installed. 6. For Projects where operating plants are involved,each period of work which will require the shut down of any process or operation shall be identified in the Construction Schedule and must be agreed to by the Engineer prior to starting work in the area. 7. A Billing Schedule(tabulation of the estimated monthly billings)for the Work shall be prepared and submitted by the Contractor with the first Construction Schedule. This information is not required in the monthly updates, unless significant changes in Work require re-submittal of the Construction Schedule for review.'The total for each month and a cumulative total will be indicated. 01/2008 01350-3 of 7 CITY OF PEARLAND SUBMITTALS These monthly forecasts are only for planning purposes of the Engineer. Monthly payments for actual work completed will be made by the Engineer in accordance with Section 00700-General Conditions of Agreement. D The Contractor must receive approval of the Engineer for the Construction Schedule and Billing Schedule prior to the first monthly Application for Payment. No payment will be made until these are accepted. E Upon written request from the Engineer,,the Contractor shall revise and submit for approval all or any part of the Construction Schedule to reflect changed conditions in the Work or deviations made from the original plan and schedule. F The Contractor's Construction Schedule shall thereafter be updated with the Actual Start and Actual Finish Dates, Percent Complete, and Remaining Duration of each Activity and submitted monthly. The date to be used in updating the monthly Construction Schedule shall be the same Date as is used in the monthly Application for Payment. This monthly update of the Construction Schedule shall be required before the monthly Application for Payment will be processed for payment. G The narrative Construction Schedule Report shall include a description of changes made to the Construction Schedule; Activities Added to the Construction Schedule; Activities Deleted from the Construction Schedule; any other changes made to the Construction Schedule other than the addition of Actual Start Dates and Actual Finish Dates and Remaining Durations. 1.05 SHOP DRAWINGS,PRODUCT DATA,AND SAMPLES A Shop Drawings 1. Submit Shop Drawings for review as required by the Technical Specifications. 2. Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures" shall be placed on each Shop Drawing. 3. The Shop Drawing shall accurately and distinctly present the following: a. Field and erection dimensions clearly identified as such. b. Arrangement and section views. c. Relation to adjacent materials or structure including complete. information for making connections between work under this Contract and work under other contracts. d. Kinds of materials and finishes. e. Parts list and descriptions. f. Assembly Shop Drawings of equipment components and accessories showing their respective positions and relationships to the complete equipment package. . g. Where necessary for clarity, identify details by reference to sheet numbers and detail numbers, schedule or room numbers as shown on the Plans. 4. Shop Drawing Drawings shall be to scale,and shall be a true representation of the specific equipment or item to be furnished. 01/2008 01350-4 of 7 CITY OF PEARLAND SUBMITTALS (II'Ph.' B Product Data 1. Submit Product Data for review when required in individual Technical Specifications. 2. Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures" shall be placed on each data item submitted. 3. Mark each copy to identify applicable products,models,options to be used in this Project. Supplement manufacturers'standard data to provide information unique to this Project, where required by the Technical Specification. 4. For products specified only by reference standard,submit manufacturer,trade name, model or catalog designation, and applicable reference standard. 5. For Approved Products, those designated in the Technical Specifications followed by the words"or approved equal",submit manufacturer,trade name, model or catalog designation, and applicable reference standard. 6. For products proposed as alternates to Approved Products, refer to Section 01630-Product Options and Substitutions, 1.04"Selection Options"and 1.07 "Substitution Procedures". 7. For products that are neither Pre-Approved, Approved, specified only by reference standard, nor proposed as alternates, submit product description, trade name, manufacturer, and supplier. Contractor shall provide additional information upon written request by Engineer or Owner. C Samples 1. Submit samples for review as required by the Technical Specification. 2. Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures", shall be placed on each sample or a firmly attached sheet of paper. 3. Submit the number of samples specified in the Technical Specification;one of which will be retained by the Engineer. 4. Reviewed samples which may be used in the Work are identified in the Technical Specifications. 1.06 OPERATIONS AND MAINTENANCE DATA A When specified in Technical Specification,submit manufacturers'printed instructions for delivery, storage, assembly, installation, start-up, operation, adjusting, finishing, and maintenance. B Contractor's Certification, as described in this Section. 1.02"Submittal Procedures", shall be placed on front page of each document. C Identify conflicts between manufacturers'instructions and Contract Documents. 1.07 MANUFACTURER'S CERTIFICATES A When specified in Technical Specification, submit manufacturers' certificate of compliance for review by Engineer. (11116'' B Contractor's Certification, as described in this Section, 1.02"Submittal Procedures", shall be placed on front page of the certificate. 01/2008 01350-5 of 7 CITY OF PEARLAND SUBMITTALS C Submit supporting reference data, affidavits, and certifications as appropriate. D Manufacturer's Certificates may be recent or previous test results on material or product,but must be acceptable to Engineer. 1.08 CONSTRUCTION PHOTOGRAPHS A Submit photographs in accordance with Section 01380—Construction Photographs. 1. Prints: Prepare 2 prints of each view and submit 1 print directy to the City's Representative within 7 days of taking photographs. One print shall be retained by the Contractor and made available at all times for reference on the job site. B PRECONSTRUCTION PHOTOGRAPHS: 1. Prior to the commencement of any construction,take digital color photographs on the entire route of the project 2. Photographs: Two prints, color, matte finish; 3 x 5 inch size,mounted on 8' x 11-inch soft card stock, with left edge binding margin for three hole punch, or in plastic pockets in three-ring notebook. 3. Th photographs shall show: a. Date photographs were taken b. Location of the photograph, house number and street name. (This information may be shown on a chalk board in the photograph of by a label on the mountings.) 4. Photographs should show the confition of the following a. Eslpanades and boulevards b. Yards (near, side and far side of street) c. Housewalk, sidewalk and driveway; curb d. Area between walk and curb 1) Particular features(yard lights, shrubs,fences, trees, etc.) 2) Landscaping and decorative features. C POST CONSTRUCTION PHOTOGRAPHS 1. On completion of construction,provide photographs of any public or private property which has been repaired or restored and any damage which is or may be the subject of complaints. 1.09 PROJECT RECORD DOCUMENTS A Submit Project Record Documents in accordance with Section 01760—Project Record Documents. 1.10 VIDEO A Submit television video in DVD format as required in individual Technical Specifications. B Transmittal forms for video disks shall be numbered sequentially beginning with TO1, 1 T02, T03, etc. 01/2008 01350-6of7 CITY OF PEARLAND SUBMITTALS (ilk\ 1.11 DESIGN MIXES A When specified, submit design mixes for review. B Contractor's Certification, as described in.this Section, 1.02"Submittal Procedures", shall be placed on front page of each design mix. C Mark each design mix to identify proportions,gradations, and additives for each class and type of design mix submitted. Include applicable test results on samples for each mix. D Maintain a copy of approved design mixes at mixing plant. 2.0 PRODUCTS - NotUsed 3.0 EXECUTION - NotUsed END OF SECTION 01/2008 01350-7 of 7 CITY OF PEARLAND REFERENCED STANDARDS Section 01420 REFERENCED STANDARDS 1.0 GENERAL 1.01 . SECTION INCLUDES A General quality assurance as related to Reference Standards and a list of references. B References to Technical Specifications: None 1.02 QUALITY ASSURANCE A For Products orr workmanship specified by association, trade, or Federal Standards comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes. . B Conform to reference standard by date of issue current on the date as stated in Section 00700—General Conditions of Agreement. C Request clarification from Engineer before proceeding should specified reference standards conflict with Contract Documents. 1.03 SCHEDULE OF REFERENCES AASHTO American Association of State Highway and Transportation Officials /Ill North Capitol Street,N.W. Washington,DC 20001 ACI American Concrete Institute P.O. Box 19150 Reford Station Detroit,MI 48219-0150 . AGC Associated General Contractors of America 1957 E Street, N.W. Washington,DC 20006 AI Asphalt Institute Asphalt Institute Building College Park,MD 20740 ATTC American Institute of Timber Construction 333 W.Hampden Avenue Englewood, CO 80110 02/2008 01420-1 of 5 CITY OF PEARLAND REFERENCED STANDARDS MSC American Institute of Steel Construction 400 North Michigan Avenue,Eighth Floor Chicago,IL 60611 AISI American Iron and Steel Institute 1000 16th Street, N.W. Washington,DC 20036 ASME American Society of Mechanical Engineers 345 East 47th Street New York,NY 10017 ANSI American National Standards Institute 1430 Broadway New York,NY 10018 APA American Plywood Association Box 11700 Tacoma,WA 98411 API American Petroleum Institute 1220 L Street,N.W. Washington,DC 20005 AREA American Railway Engineering Association 50 F Street,N.W. Washington,DC 20001 ASTM American Society for Testing and Materials 1916 Race Street Philadelphia,PA 19103 AWPA American Wood-Preservers'Association 7735 Old Georgetown Road Bethesda,MD 20014 AWS American Welding Society P.O.Box 35104 Miami,FL 33135 AWWA American Water Works Association 6666 West Quincy Avenue Denver, CO 80235 02/2008 01420-2 of 5 CITY OF PEARLAND REFERENCED STANDARDS (11.6\' CLFMI Chain Link Fence Manufacturers Institute 1101 Connecticut Avenue,N.W. Washington,DC 20036 CRD U.S.A. Corps of Engineers Code of Ordinances City of Pearland 3519 Liberty Drive Pearland, TX 77581 CRSI Concrete Reinforcing Steel Institute 933 Plum Grove Road Schaumburg,IL 60173-4758 EJMA Expansion Joint Manufacturers Association 707 Westchester Avenue White Plains,NY 10604 FDA U.S. Food and Drug Administration 5600 Fisher Lane Rockville, MD 20857-0001 FS Federal Standardization Documents General Services Administration, Specifications Unit(WFSIS) 7th and D Street S.W. Washington,DC 20406 ICEA Insulated Cable Engineer Association P.O. Box 440 S. Yarmouth,MA 02664 TREE Institute of Electrical and Electronics Engineers 445 Hoes Lane P.O. Box 1331 Piscataway,NJ 0855-1331 MIL Military Specifications General Services Administration, Specifications Unit(WFSIS) 7th and D Street S.W. Washington,DC 20406 NACE National Association of Corrosion Engineers P. O. Box 986 11.16' Katy, TX 77450 02/2008 01420-3 of 5 CITY OF PEARLAND REFERENCED STANDARDS NEMA National Electrical Manufacturers' Association 2101 L Street, N.W., Suite 300 Washington, DC 20037 NFPA National Fire Protection Association Batterymarch Park,P.O. Box 9101 Quincy,MA 02269-9101 OSHA Occupational Safety Health Administration U.S. Department of Labor, Government Printing Office Washington,DC 20402 PCA Portland Cement Association 5420 Old Orchard Road Skokie,IL 60077-1083 PCI Prestressed Concrete Institute 201 North Wacker Drive Chicago, IL 60606 SDI Steel Deck Institute Box 9506 Canton, OH 44711 r� SSPC Steel Structures Painting Council ). 4400 Fifth Avenue Pittsburgh,PA 15213 TAC Texas Administrative Code TCEQ Texas Commission on Environmental Quality P. O. Box 13087 Austin,TX 78711-3087 TxDOT Texas Department of Transportation 125 East l lth Street Austin,TX 78701-2483 Texas MUTCD Texas Manual on Uniform Traffic Control Devices (2003 Adoption) (published by Texas Department of Transportation) UL Underwriters'Laboratories,Inc. 333 Pfingston Road Northbrook,IL 60062 UNI-BELL UNI-BELL Pipe Association 2655 Villa Creek Drive, Suite 155 02/2008 01420-4 of 5 CITY OF PEARLAND REFERENCED STANDARDS Dallas,TX 75234 WRI Wire Reinforcement Institute 942 Main Street—Suite 300 Hartford, CT 06103 WWD/PI Water Well Drillers and Pump Installers Advisory Council Texas Department of Licensing and Regulation P.O. Box 12157 Austin, TX 78711 2.0 PRODUCTS - Not Used 3.0 EXECUTION NotUsed END OF SECTION (111.1 . 02/2008 01420-5 of 5 CITY OF PEARLAND CONTRACTOR'S QUALITY CONTROL Section 01430 CONTRACTOR'S QUALITY CONTROL 1.0 GENERAL 1.01 SECTION INCLUDES A Quality assurance and control of installation and manufacturer's field services and reports. B References to Technical Specifications: 1. Section 01350— Submittals 1.02 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. 1.03 QUALITY ASSURANCE/CONTROL OF INSTALLATION A Monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce the Work of specified quality at no additional cost to the Owner. B Comply fully with manufacturers' installation instructions, including each step in sequence. C Request clarification from Project Manager before proceeding should manufacturers' instructions conflict with Contract Documents. D Comply with specified Standards as minimum requirements for the Work except when more stringent tolerances,codes,or specified requirements indicate higher standards or more precise workmanship. E Perform work by persons qualified to produce the specified level of workmanship. F Obtain copies of Standards and maintain at Project Site when required by individual Technical Specifications. 1.04 MANUFACTURERS'FIELD SERVICES AND REPORTS A When specified in individual Technical Specifications, provide material or product suppliers' or manufacturers' technical representative to observe site conditions, conditions of surfaces and installation,quality of workmanship,start-up of equipment, operator training,test, adjust, and balance of equipment as applicable, and to initiate operation,as required. Conform to minimum time requirements for start-up operations and operator training if defined in Technical Specifications. 02/2008 01430-1 of 2 CITY OF PEARLAND CONTRACTOR'S QUALITY CONTROL B At the Project Manager's request, submit qualifications of manufacturer's representative to Project Manager fifteen (15) days in advance of required •J representative's services. The representative shall be subject to approval of Project Manager. C Manufacturer's representative shall report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers'written instructions. Submit report within one(1)day of observation to Project Manager for review. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - NotUsed END OF SECTION 02/2008 01430-2 of 2 CITY OF PEARLAND OBSERVATION SERVICES Section 01440 OBSERVATION SERVICES 1.0 GENERAL 1.01 SECTION INCLUDES A Observation services and references. References to Technical Specifications: 1. Section 01450—Testing Laboratory Services 1.02 INSPECTION A Project Manager will appoint an Observer as a representative of the Owner to oversee inspections, tests,and other services specified in individual Technical Specifications. B Alternately, Project Manager may appoint, employ, and pay an independent firm to provide additional observation or construction management services as indicated in Section 01450—Testing Laboratory Services. C Reports will be submitted by the independent firm to Project Manager,Engineer,and Contractor, indicating observations and results of tests and indicating compliance or (11.8s`. non-compliance with Contract Documents. D Contractor shall assist and cooperate with the Observer;furnish samples of materials, design mix, equipment, tools, and storage. E Contractor shall notify Project Manager 24 hours prior to expected time for operations requiring services. Notify Engineer and independent firm when noted. F Contractor shall sign and acknowledge report for Observer. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - NotUsed END OF SECTION C 09/2007 01440-1 of 1 CITY OF PEARLAND TESTING LABORATORY SERVICES Section 01450 Cia` TESTING LABORATORY SERVICES 1.0 GENERAL 1.01 SECTION INCLUDES A Testing Laboratory Services and Contractor responsibilities related to those services. B References to Technical Specifications: 1. Section 01350—Submittals C Referenced Standards: 1. American Society for Testing and Materials (ASTM) a. ASTM D 3740, "Practice for Evaluation of Agencies Engaged in Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction" b. ASTM E 329, "Recommended Practice for Inspection and Testing Agencies for Concrete, Steel, and Bituminous Materials as Used in Construction" 1.02 SELECTION AND PAYMENT (11.16.\ A Owner will select,employ,and pay for services of an independent testing laboratory to perform inspection and testing identified in individual Technical Specifications. B Employment of testing laboratory shall not relieve Contractor of obligation to perform work in accordance with requirements of Contract Documents. C Owner or designated representative shall.schedule and monitor testing as required to provide timely results and to avoid delay to the Work. D Contractor shall be responsible for paying for services of commercial testing laboratory, with prior approval of Owner, to perform the following: 1. Pipe diameter deflection tests on all flexible and semi-rigid sanitary sewer collection system pipe installation 2. Laboratory services required to,establish mix design proposed for use for Portland cement concrete, asphaltic concrete mixtures and other material mixes requiring control by testing laboratory when required because of change in source of materials or other conditions not caused by Owner. 3. Tests required to establish optimum moisture of earth and base materials and to determine required compactive effort to meet density requirements. 4. Cores to test for thickness. 5. Testing and inspection performed for the Contractor's convenience. 6. Retesting and repetitions of laboratory services when initial tests indicate work does not comply with requirements of Contract Documents. (#11"\. 04/2008 01450-1 of 3 CITY OF PEARLAND TESTING LABORATORY SERVICES 1.03 LABORATORY REPORTS A The Engineer will receive 1 copy, the Project Manager will receive 2 copies,and the Contractor will receive 2 copies of Laboratory Reports from the testing laboratory. One of the Contractor's copies shall remain at the Project Site for duration of Project. Test results which indicate non-conformance shall be transmitted immediately via fax from the testing laboratory to the Contractor and Project Manager. 1.04 LIMITS ON TESTING LABORATORY AUTHORITY A Laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents. B Laboratory may not approve or accept any portion of the Work. C Laboratory may not assume any duties of Contractor. D Laboratory has no authority to stop the Work. 1.05 CONTRACTOR RESPONSIBILITIES A Notify Project Manager and laboratory 24 hours prior to expected time for operations requiring inspection and testing services. Notify Engineer if specification section requires the presence of the Engineer. B Cooperate with laboratory personnel in collecting samples to be tested or collected on Project Site. C: Provide access to the Work and to manufacturer's facilities. D Provide samples to laboratory in advance of their intended use to allow thorough examination and testing. E Provide incidental labor and facilities for access to the Work to be tested;to obtain and handle samples at the site or at source of products to be tested; and to facilitate tests and inspections including storage and curing of test samples. F ' Arrange with laboratory and pay for: 1. Retesting required for failed tests. 2. Retesting for nonconforming Work. 3. Additional sampling and tests requested by Contractor for his own purposes. 2.0 PRODUCTS - Not Used 3.0 EXECUTION 04/2008 01450-2of3 CITY OF PEARLAND TESTING LABORATORY SERVICES 3.01 CONDUCTING TESTING A Laboratory sampling and testing shall conform to ASTM D 3740 and ASTM E 329,as well as other test standards specified in individual Technical Specifications. END OF SECTION • 04/2008 01450-3 of 3 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS Section 01500 TEMPORARY FACILITIES AND CONTROLS 1.0 GENERAL 1.01 SECTION INCLUDES A Temporary facilities and the necessary controls for the Work including utilities, telephone, sanitary facilities, field office, storage sheds and building, safety requirements,first aid equipment,fire protection,security measures,protection of the Work and property, access roads and parking, environmental controls, disposal of trash,debris,and excavated material,pest and rodent control,water runoff and erosion control. B References to Technical Specifications: Section 01350—Submittals Section 01566—Source Controls for Erosion &Sedimentation Section 01100—Summary of Work Section 01600—Material &Equipment Section 01570—Trench Safety System Section 01555—Traffic Control &Regulation Section 01720—Field Surveying (h.\ Section 01563—Tree &Plant Protection Section 01564—Control of Ground Water&Surface Water C Referenced Standards: Occupational Safety and Health Administration (OSHA) National Fire Protection Association (NFPA) Code of Ordinances, City of Pearland,Texas D Definitions:- Underground Structures - sewer, water, gas, and other piping, and manholes, chambers, electrical and signal conduits, tunnels, and other existing subsurface installations located within or adjacent to the limits of the Work. Surface Structures-existing buildings, structures and other constructed installations above the ground surface. Included with such structures are their foundations or any extension below the surface. Surface structures include, but are not limited to buildings, tanks, walls,bridges,roads, dams,channels, open drainage,piping,poles, wires,posts, signs, markers, curbs, walks, guard cables, fencing, and other facilities that are visible above the ground surface. 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item,no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. (111'.\ 02/2008 01500-1 of 9 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350— Submittals. 1.04 CONTRACTOR'S RESPONSIBILITY A The facilities and controls specified in this Section are considered minimum for the Work. The Contractor may provide additional facilities and controls for the proper execution of the Work and to meet Contractor's responsibilities for protection of persons and property. B Comply with applicable requirements specified in other Technical Specifications. Maintain and operate temporary facilities and systems to assure continuous service. Modify and extend systems as Work progress requires. Completely remove temporary materials and equipment when their use is no longer required. Restore existing facilities used for temporary,services to specified or to original condition. 1.05 TEMPORARY UTILITIES A Temporary Service Make arrangements with utility service companies for temporary services. Abide by rules and regulations of the utility service companies or authorities having jurisdiction. Be responsible for utility service costs until the Work is Substantially Complete. Included are fuel,power,light,heat,and other utility services necessary for execution, completion, testing, and initial operation of the Work. B Water Provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices, or for other use as required for proper completion of the Work. For water to be drawn from public fire hydrants, obtain special permit or license and meter from the proper City officials. A deposit based on rates established by latest ordinance will be required. Install backflow preventor on fire hydrant supply. Provide and maintain an adequate supply of potable water for domestic consumption by Contractor personnel. C Electricity and Lighting Provide electric power service as required for the Work, including testing of Work. Provide power for lighting,operation of the Contractor's equipment,or for any other use by Contractor. Electric power service includes temporary power service or generator to maintain plant operations during any scheduled shutdown. Minimum lighting level shall be 5 foot-candles for open areas; 10 foot-candles for stairs and shops. 02/2008 01500-2 of 9 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS (11."\ D Temporary Heat and Ventilation Provide temporary heat as necessary for protection or completion of the Work. Provide temporary heat and ventilation to assure safe working conditions; maintain enclosed areas at a minimum of 50 degrees F. E Telephone Provide emergency telephone service at the Project Site for use by Contractor personnel and others performing work or furnishing services. • • F Sanitary Facilities Provide and maintain sanitary facilities for persons on the Project Site,in compliance with federal, state, and local regulations. Locate toilets on the Project Site near the work and secluded from view insofar as possible. Keep toilets clean and supplied throughout the course of the Work. Enforce the use of sanitary facilities by construction personnel at the Project Site. Such facilities shall be enclosed. Pit-type toilets will not be permitted. No discharge will be allowed from these facilities. Collect and store sewage and waste so as not to cause a nuisance or health problem; have sewage and waste hauled off-site and properly disposed in accordance with local regulations. Control areas where sanitary facilities are located in conformance with Section 01566 —Source Controls for Erosion &Sedimentation. 1.06 FIELD OFFICE A. Provision of a Field Office is required unless otherwise stated in Section 01100 — Summary of Work. The Contractor shall confirm location of office and other temporary facilities with Owner's Representative at Pre-Construction Meeting prior to delivery and setup. B. At a minimum the Contractor's field office shall provide for, contain or serve to: provide a secured space for project administrative operations, periodic progress meetings,on-site storage for project files and plans,office space for CONTRACTOR's field supervisory personnel and provide a separate securable office space for OWNER's Representative including: meeting table and chairs, a single two drawer filing cabinet,a built-in drawing table and plan holders. Provide electric lighting and HVAC to the mobile office. Provide for transportation,move-in,set-up,tie-down and, when project is complete,removal and move-out. 1.07 STORAGE OF MATERIALS A Provide for storage of materials under the provisions of Section 01600—Material& Equipment. 1.08 SAFETY REQUIREMENTS A Contractor shall prepare, submit and follow. a Safety Program that complies with federal, state, 'and local safety codes, statutes, and practices. Include in the Safety Program documented response to excavation, embankment, and trench safety requirements as specified in Section 01570—Trench Safety System. 02/2008 01500-3 of 9 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS B Conduct operations in strict accord with applicable federal,state and local safety codes and statutes and with good construction practice. The Contractor is fully responsible and obligated to establish and maintain procedures for safety of all work, personnel and equipment involved in the Work. C Observe and comply with Texas Occupational Safety Act (Art. 5182a, V.C.S.) and with all safety and health standards promulgated by Secretary of Labor under Section 107 of Contract Work Hours and Standards Act,published in OSHA Standards -29 CFR, Part 1926, and adopted by Secretary of Labor under the Williams-Steiger Occupational Safety and Health Act of 1970, and to any other legislation enacted for safety and health of Contractor employees. Such safety and health standards apply to subcontractors and their employees as well as to the Contractor and its employees. D Observance of and compliance with the regulations shall be solely and without qualification the responsibility of the Contractor without reliance or superintendence of or direction by the Engineer or the Engineer's representative. Immediately advise the Engineer of investigation or inspection by Federal Safety and Health inspectors of the Contractor or subcontractor's work or place of work on the Project Site under this Contract,and after such investigation or inspection,advise the Engineer of the results. Submit one copy of accident reports to Engineer within ten (10) days of occurrence. E Protect areas occupied by workmen using the best available devices for detection of lethal and combustible gases. Test such devices frequently to assure their functional capability. Constantly observe infiltration of liquids into the Work area for visual or odor evidence of contamination. Take immediate and appropriate steps to seal off entry of contaminated liquids to the Work area. F Safety measures, including but not limited to safety personnel, first-aid equipment, ventilating equipment and safety equipment,in the Plans and Technical Specifications are obligations of the Contractor. G Maintain required coordination with the local Police and Fire Departments during the entire period covered by the Contract. 1.07 FIRST AID EQUIPMENT A Provide a first aid kit throughout the construction period. List telephone numbers for physicians,hospitals, and ambulance services in each first aid kit. B Have at least one person thoroughly trained in first aid procedures present on the Project Site whenever work is in progress. 1.08 FIRE PROTECTION A Fire Protection Standards. Conform to specified fire protection and prevention requirements as well as those that may be established by Federal, State, or local governmental agencies. C omply with all applicable provisions of NFPA Standard No. 241, Safeguarding Building Construction and Demolition Operations. 02/2008 01500-4 of 9 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS (1111 . Provide portable fire extinguishers,rated not less than 2A or 5B in accordance with NFPA Standard No. 10,Portable Fire Extinguishers,for each temporary building,and for every 3000 square feet of floor area of facilities under construction. Locate portable fire extinguishers within 50 feet maximum from any point on the Project Site. B. Fire Prevention and Safety Measures. Prohibit smoking in hazardous areas. Post suitable warning signs in areas that are continuously or intermittently hazardous. Use metal safety containers for storage and handling of flammable and combustible liquids. Do not store flammable or combustible liquids in or near stairways or exits. Maintain clear exits from all points within a structure. 1.09 SECURITY MEASURES A Protect all materials, equipment, and property associated with the Work from loss, theft,damage,and vandalism. Contractor's duty to protect property includes Owner's property. B If existing fencing or bathers are breached or removed for purposes of construction, provide and maintain temporary security fencing equal to existing. 1.10 PROTECTION OF PUBLIC UTILITIES A . Prevent damage to existing public utilities during construction. These utilities are shown on the Plans at their approximate locations. Give owners of these utilities at least 48 hours notice before commencing Work in the area, for locating the utilities during construction,and for making adjustments or relocation of the utilities when they conflict with the proposed Work. 1.11 PROTECTION OF PEOPLE AND PROPERTY A Preventive Actions.. Take precautions,provide programs, and take actions necessary to protect the Work and public and private property from damage. Take action to prevent damage, injury or loss, including, but not limited to, the following: a. Store apparatus,materials,supplies,and equipment in an orderly,safe manner that will not unduly interfere with progress of the Work or the Work of any other contractor, any utility service company, or the Owner's operations. b. Provide suitable storage for materials that are subject to damage by exposure to weather, theft,breakage,or otherwise. c. Place upon the Work or any part thereof only such loads as are consistent with the safety of that portion of the Work. d. Frequently clean up refuse,rubbish,scrap materials,and debris caused by construction operations,keeping the Work safe and orderly. 02/2008 01500-5 of 9 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS e. Provide safe barricades and guard rails around openings, for scaffolding, for temporary stairs and ramps, around excavations, elevated walkways,and other hazardous areas. Obtain written consent from proper parties before entering or occupying with workers, tools,materials or equipment,privately owned land except on easements provided for construction. Assume full responsibility for the preservation of public and private property on or adjacent to the site. If any direct or indirect damage is done by or on account of any act, omission, neglect, or misconduct in execution of the Work by the Contractor, it shall be restored by the Contractor to a condition equal to or better than that existing before the damage was done. B Barricades and Warning Signals. Where Work is performed on or adjacent to any roadway, right-of-way, or public place,furnish and erect barricades, fences, lights, warning signs, and danger signals; provide watchmen;and take other precautionary measures for the protection of persons or property and protection of the Work.Conform to Section 01555—Traffic Control& Regulation. C Preserving Control Points Maintain permanent benchmarks,monumentation,and other reference points. Unless otherwise directed in writing,replace at no cost to the Owner those that are damaged or destroyed in accordance with Section 01720—Field Surveying. D Tree and Plant Protection. Protect trees, shrubs,lawns, outside of grading limits and within the grading limits as designated on the Plans,and in accordance with requirements of Section 01563—Tree &Plant Protection. E Protection of Underground and Surface Structures Known underground structures, including water, sewer, electric, and telephone services are shown on the Plans in accordance with the best information available,but is not guaranteed to be correct or complete. Contractor is responsible for making Locate Calls. Explore ahead of trenching and excavation work and uncover obstructing underground structures sufficiently to determine their location, to prevent damage to them and to prevent interruption of utility services. Restore to original condition damages to underground structure at no additional cost to the Owner. Immediately notify the agency or company owning any existing utility which is damaged,broken,or disturbed. Obtain approval from the Engineer and agency for any repairs or relocations, either temporary or permanent. Necessary changes in location of the Work may be made by the Engineer to avoid unanticipated underground structures. If permanent relocation of an underground structure or other subsurface installations is required and not otherwise provided for in the Contract Documents,the Engineer will direct Contractor in writing to perform the Work, which shall be paid for under the provisions for changes in.the Contract Price as described in Section 00700—General Conditions of Agreement. 02/2008 01500-6 of 9 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS Support in place and protect from direct or indirect injury to underground and surface structures located within or adjacent to the limits of the Work. Install such supports carefully and as required by the party owning or controlling such structure. Before installing structure supports,Contractor shall satisfy the Engineer that the methods and procedures to be used have been approved by the owner of the structure. Avoid moving or in any way changing the property of public utilities or private service corporations without prior written consent of a responsible official of that service or public utility. Representatives of these utilities reserve the right to enter within the limits of this project for the purpose of maintaining their properties,or of making such changes or repairs to their property that may be considered necessary by performance of this Contract. Notify the owners and/or operators of utilities and pipelines of the nature of construction operations to be performed and the date or dates on which those operations will be performed. When construction operations are required in the immediate vicinity of existing structures,pipelines,or utilities,give a minimum of five (5)working days advance notice. Probe and flag the location of underground utilities prior to commencement of excavation. Keep flags in place until construction operations reach and uncover the utility: Assume risks attending the,presence or proximity of underground and surface structures within or adjacent to the limits to the Work including but not limited to damage and expense for direct or indirect injury caused by the Work to any structure. Immediately repair damage caused, to the satisfaction of the owner of the damaged structure. 1.12 PROTECTION OF THE WORK Provide protection of installed products to prevent damage from subsequent operations. Remove protection facilities when no longer needed,prior to completion of the.Work. Control traffic to prevent damage to equipment,materials, and surfaces. 1.13 ROADS AND PARKING ' A Prevent interference with traffic and Owner operations on existing roads. B Minimize use of existing streets and driveways by construction traffic. - C ' Control traffic to prevent damage to equipment, materials,and surfaces. D Constrict and maintain temporary detours, ramps, and roads to provide for normal. public traffic flow when use of public roads or streets is closed by necessities of the Work. E Provide mats or other means to prevent overloading or damage to existing roadways from tracked equipment or exceptionally large or heavy trucks or equipment F Designate temporary parking areas to accommodate construction personnel. When site space is not adequate, provide additional off-site parking. Locate as approved by Engineer. 02/2008 01500-7 of 9 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS G Do not allow heavy vehicles or construction equipment unnecessarily in existing parking areas. 1.14 ENVIRONMENTAL CONTROLS A Provide and maintain methods, equipment, and temporary construction as necessary for controls over environmental conditions at the construction site and adjacent areas. B Comply with statutes,regulations,and ordinances which relate to the proposed Work for the prevention of environmental pollution and preservation of natural resources, including but not limited to the National Environmental Policy Act of 1969, PL 91- 190,Executive Order 11514. 1. Provide, install and maintain storm water runoff control including but not limited to temporary entrance, silt fencing, etc. as specified in Contract Documents. C Recognize and adhere to the environmental requirements of the Project. Disturbed areas shall be strictly limited to boundaries established by the Contract Documents. Burning of rubbish, debris or waste materials is not permitted. 1.15 POLLUTION CONTROL A Provide methods,means,and facilities required to prevent contamination of soil,water or atmosphere by discharge of noxious substances from construction operations. B Provide equipment and personnel to perform emergency measures required to contain any spillage,and to remove contaminated soils or liquids. Excavate and dispose of any contaminated earth off-site, and replace with suitable compacted fill and topsoil. C Take special measures to prevent harmful substances from entering receiving streams or storm water conveyance systems in conformance with TPDES requirements and Section 01566—Source Controls for Erosion & Sedimentation. D Provide systems for control of atmospheric pollutants. Prevent toxic concentrations of chemicals. Prevent harmful dispersal of pollutants into the atmosphere. E Use equipment during construction that conforms to current federal, state, and local laws and regulations. 1.16 PEST AND RODENT CONTROL A Provide rodent and pest control as necessary to prevent infestation of Project Site. B Employ methods and use materials which will not adversely affect conditions at the Project Site or adjoining properties. 02/2008 01500-8 of 9 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS Climb\ 1.17 NOISE CONTROL A Provide vehicles, equipment, and construction activities that minimize noise to the greatest degree practicable. Noise levels shall conform to OSHA Standards- 29 CFR and in no case will noise levels be permitted which create a nuisance in the surrounding neighborhoods. B Conduct construction operations during daylight hours from 7:30 a.m. to 6:00 p.m. except as approved by Engineer. C Comply with Chapter 19 NOISE, Codes of Ordinances, City of Pearland,Texas. 1.18 DUST CONTROL A Control objectionable dust caused by operation of vehicles and equipment under the provisions of Section 01566—Source Controls for Erosion &Sedimentation. 1.19 WATER RUNOFF AND EROSION CONTROL A Provide methods to control surface water,runoff,subsurface water,and water pumped from excavations and structures to prevent damage to the Work, the Project Site, or adjoining properties in accordance with Section 01564—Control of Ground Water& Surface Water and Section 01566—Source Controls for Erosion & Sedimentation. Cinik\ B Inspect earthwork periodically to detect any evidence of the start of erosion. Apply corrective measures as required to control erosion. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - NotUsed END OF SECTION C 02/2008 01500-9 of 9 CITY OF PEARLAND MOBILIZATION Section 01505 Cab\ MOBILIZATION 1.0 GENERAL 1.01 SECTION INCLUDES A Mobilization of construction equipment and facilities onto the Work. B Referenced Standards: 1. Texas Department of Transportation (TxDOT) 2. Texas Manual on Uniform Traffic Control Devices (Texas MUTCD) 1.02 MEASUREMENT AND PAYMENT A Measurement for Mobilization is on a Lump Sum basis. Include 50 percent of the cost of Mobilization in the first monthly Application for Payment. B Payment is subject to the receipt and approval by Engineer of the following items,as applicable: 1. Schedule of Values (Section 01350—Submittals) 2. Trench Safety Program (Section 01570—Trench Safety System) 3. Construction Schedule(Section 01350—Submittals) 4. Pre-construction Photographs (Section 01380—Construction Photographs) 5. Installation and acceptance of Project Identification Sign(s) 6. Installation and acceptance of Field Office as defined in Section 01500, 1.06. C Payment of the remaining 50 percent of the Contract Price for Mobilization is subject to completion of Temporary Facilities as specified in Section 01500,inclusive. D Mobilization payments will be subject to Retainage as stipulated in Section 00700- General Conditions of Agreement. 2.0 PRODUCTS 2.01 PROJECT IDENTIFICATION SIGNS A Provide specified number of project identification sign(s) per Section 01580 The name,address and contact information of the general contractor for the project shall be shown on the sign per Section 01580 and the attached exhibit. 3.0 EXECUTION 3.01 PLACEMENT OF PROJECT IDENTIFICATION SIGNS A Place a Project Identification Sign as described in Section 01580,part 1.03,D visible (11111.\‘ to passing traffic or as directed by Engineer. END OF SECTION 07/2006 01505-1 of 1 CITY OFPEARLAND STABILIZED CONSTRUCTION EXITS Section 01550 STABILIZED CONSTRUCTION EXITS 1.0 GENERAL 1.01 SECTION INCLUDES A Installation of erosion and sediment control for Stabilized Construction Exits.used during construction and until final development of the Project site. B References to Technical Specifications:. 1. Section 01350—Submittals 2. Section 01562—Waste Material Disposal 3. Section 01566—Source Controls for Erosion & Sedimentation C Referenced Standards: 1. American Society of Testing and Materials (ASTM) a. ASTM D 4632, "Standard Test Method for Grab Breaking Load and Elongation of Geotextiles" 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item,no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A 'Make Submittals required in this Section under the provisions of Section 01350 — Submittals. B , Manufacturer's catalog sheets and other product data on Geotex tile fabric. C . Sieve analysis of aggregates conforming to requirements in this Section,2.02"Course Aggregates". 2.0 PRODUCTS 2.01 GEOTEXTILE FABRIC A Provide woven or non-woven geotextile fabric made of either polypropylene, polyethylene, ethylene, or polyamide material. B By ASTM D 4632,geotextile fabric shall have a minimum grab strength of 270 psi any principal direction, and the equivalent opening size between 50 and 140. C Both the geotextile and threads shall be resistant to chemical attack,mildew,and rot and shall contain ultraviolet ray inhibitors and stabilizers to provide a minimum of 6 months of expected usable life at a temperature range of 0°F to 120°F. 02/2008 01550-1 of 4 CITY OF PEARLAND STABILIZED CONSTRUCTION EXITS D Representative Manufacturers: Mirafi,Inc., Or-Equal. 2.02 COARSE AGGREGATES A Coarse aggregate shall consist of crushed stone,gravel,concrete,crushed blast furnace slag,or a combination of these materials. Aggregate shall be composed of clean,hard, durable materials free from adherent coatings,salt,alkali,dirt,clay,loam,shale,soft or flaky materials, or organic and injurious matter. B Course aggregates shall conform to the following gradation requirements. Sieve Size Percent Retained (Square Mesh) (by Weight) 21/2" 0 2" 0-20 11/" 15-50 3/" 60—80 No.4 95- 100 3.0 EXECUTION 3.01 PREPARATION AND INSTALLATION A If necessary to keep the street clean of mud carried by construction vehicles and equipment, Contractor shall provide stabilized construction exits at the construction, staging,parking,storage,and disposal areas. Such erosion and sediment controls shall be constructed in accordance with the requirements shown on the Plans and specified in this Section. B Erosion and sediment control measures shall be in place prior to the start of any Work that exposes the soil, other than as specifically directed by the Engineer to allow soil testing and surveying. C Maintain existing erosion and sediment control systems located within the Project Site until acceptance of the Work or until directed by the Engineer to remove and discard the existing system. D Regularly inspect and repair or replace components of stabilized construction exits. Unless otherwise directed, maintain them until the Work is accepted by the Owner. Remove stabilized construction exits promptly when directed by the Engineer. Discard removed materials in accordance with Section 01562—Waste Material Disposal. E Equipment and vehicles shall be prohibited by the Contractor from maneuvering on areas outside of dedicated rights-of-way and easements for construction. Damage caused by construction traffic to erosion and sediment control systems shall be repaired immediately. 02/2008 01550-2 of 4 CITY OF PEARLAND STABILIZED CONSTRUCTION EXITS F Conduct all construction operations under.this Contract in conformance with the erosion control practices described in the Section 01566-Source Controls for Erosion & Sedimentation. 3.02 CONSTRUCTION METHODS A Provide stabilized access roads, subdivision roads, parking areas, and other on-site vehicle transportation routes where shown on Plans. B Provide stabilized construction exits, and truck washing areas when approved by Engineer, of the sizes and locations where shown on Plans or as specified in this Section. C Vehicles leaving construction areas shall have their tires cleaned to remove sediment prior to entrance onto public right-of-way.. When washing is needed to remove sediment, Contractor shall construct a truck washing area. Truck washing shall be done on stabilized areas which drain into a drainage system protected by erosion and sediment control measures. D Details for Stabilized Construction Exits are shown on the Plans. Construction of all other stabilized areas shall be to the same requirements. Roadway width shall be at least 14 feet for one-way traffic and 20 feet for two-way traffic and shall be sufficient for all ingress and egress. Furnish and place geotextile fabric as a permeable separator to prevent mixing of coarse aggregate with underlaying soil. Exposure of geotextile fabric to the elements between laydown and cover shall be a maximum of 14 days to minimize damage potential. E Roads and parking areas shall be graded to provide sufficient drainage away from stabilized areas. Use sandbags,gravel,boards,or similar methods to prevent sediment from entering public right-of-way,receiving stream or storm water conveyance system. F The stabilized areas shall be inspected and maintained daily. Provide periodic top dressing with additional coarse aggregates to maintain the required depth. Repair and clean out damaged control measures used to trap sediment. All sediment spilled, dropped,washed, or tracked onto public right-of-way shall be removed immediately. G The length of the stabilized area shall be as shown on the Plans,but not less than 50 feet. The thickness shall not be less than 8 inches. The width shall not be less than full width of all points of ingress or egress. H • Stabilization for other areas shall have the same coarse aggregate,thickness,and width requirements as the stabilized construction exit,except where shown otherwise on the Plans. I Stabilized area may be widened or lengthened to accommodate truck washing area when authorized by Engineer. 02/2008 01550-3 of 4 CITY OF PEARLAND STABILIZED CONSTRUCTION EXITS J Alternative methods of construction may be utilized when shown on Plans, or when "." approved by the Engineer. These methods include the following: 1. Cement-Stabilized Soil, Compacted cement-stabilized soil or other fill material in an application thickness of at least 8 inches. 2. Wood Mats/Mud Mats- Oak or other hardwood timbers placed edge-to- edge and across support wooden beams which are placed on top of existing soil in an application thickness of at least 6 inches. 3. Steel Mats-Perforated mats placed across perpendicular support members. END OF SECTION 02/2008 •01550-4 of 4 CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION Section 01555 TRAFFIC CONTROL AND REGULATION 1.0 GENERAL 1.01 SECTION INCLUDES A Requirements for traffic control plans,signs,signals,control devices,flares,lights and traffic signals, as well as construction parking control, designated haul routes and bridging of trenches and excavations. B Requirements for and qualifications of Flaggers. C References to Technical Specifications: 1. Section 01350—Submittals 2. Section 01140—Contractor's Use of Premises D Referenced Standards: 1. Texas Manual on Uniform Traffic Control Devices (Texas MUTCD) 1.02 MEASUREMENT AND PAYMENT A Traffic Control and Regulation. Measurement is on a Lump Sum basis for Traffic Control and Regulation,including submittal of a traffic control plan if different from the one provided on the Plans,provision of traffic control devices, and provision of equipment and personnel as necessary to protect the Work and the public. The amount invoiced shall be determined based on the Schedule of Values submitted for traffic control and regulation. B Flaggers. Measurement is on a Lump Sum basis for Flaggers as required for the Work. The amount invoiced shall be determined based on the Schedule of Values submitted for Flaggers. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350— Submittals. B A Traffic Control Plan responsive to the Texas MUTCD and sealed by a Registered Professional Engineer is incorporated into the Plans. If the Contractor proposes to implement traffic control different than the plan provided, he shall submit a Traffic Control Plan in conformance with Texas MUTCD for approval of the Engineer. C For both the Traffic Control Plan and Flaggers' use, submit Schedules of Values within 30 days following the Notice to Proceed. D Each week submit a daily log for Flaggers listing name,badge number,time start,time finish, and hours worked. 03/2008 01555-1 of 4 CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION 1.04 FLAGGERS fl A Unless otherwise specified,use only Baggers who are off-duty,regularly employed, uniformed Peace Officers. B Baggers are required at the following locations: 1. Where multi-lane vehicular traffic must be diverted into single-lane vehicular traffic. 2. Where vehicular traffic must change lanes abruptly. 3. Where construction equipment either enters or crosses vehicular traffic lanes and walks. 4. Where construction equipment may intermittently encroach on vehicular traffic lanes and unprotected walks and cross-walks. 5. Where construction activities might affect public safety and convenience. 6. Where traffic regulation is needed due to rerouting of vehicular traffic around the work site. 7. When requested by Owner. C The use of Baggers is for the purpose of assisting in the regulation of traffic flow and movement, and does not in any way relieve the contractor of full responsibility for taking such other steps and provide such other Baggers or personnel as the Contractor may deem necessary to protect the work and the public, and does not in any way relieve the Contractor of his responsibility for any damage for which he would otherwise be liable. Baggers shall be used and maintained at such points for such periods of time as may be required to provide for the public safety and convenience of travel. 2.0 PRODUCTS 2.01 SIGNS,SIGNALS,AND DEVICES A Comply with Texas MUTCD regulations. B Traffic Cones and Drums, Bares and Lights: As approved by agencies having jurisdiction. 3.0 EXECUTION 3.01 PUBLIC ROADS A Abide by laws and regulations of governing authorities when using public roads. If the Contractor's work requires that public roads be temporarily impeded or closed, approvals shall be obtained from governing authorities and permits paid for before starting any work. Coordinate activities with the Engineer. B Contractor shall maintain at all times a 10-foot-wide all-weather lane adjacent to work areas which shall be kept free of construction equipment and debris and shall be for the use of emergency vehicles, or as otherwise provided in the Traffic Control Plan. 03/2008 01555-2 of 4 CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION C Contractor shall not obstruct the normal flow of traffic from 7:00 a.m.to 9:00 a.m.and 4:00 p.m. to 6:00 p.m. on designated major arterials or as directed by the Engineer. D Contractor shall maintain local driveway access to residential and commercial properties adjacent to work areas at all times. E Cleanliness of Surrounding Streets: 1. Keep streets used for entering or leaving the job area free of excavated material, debris,and any foreign material resulting from construction operations. Leave the area broom-clean or its equivalent at the end of the work day. F Control vehicular parking to prevent interference with public traffic and parking,and access by emergency vehicles: G Monitor parking of construction personnel's vehicles in existing facilities. Maintain vehicular access to and through parking areas. H Prevent parking on or adjacent to access roads or in non-designated areas. 3.02 FLARES AND LIGHTS A Provide flares and lights during hours of low visibility to delineate traffic lanes and to guide traffic. 3.03 HAUL ROUTES A Utilize haul routes designated by Owner or shown on the Plans for construction traffic. B Confine construction traffic to designated haul routes. C Provide traffic control at critical areas of haul routes to regulate traffic and minimize interference with public traffic. D Contractor shall be responsible for any damage caused by vehicles utilizing haul routes. 3.04 TRAFFIC SIGNS AND SIGNALS A Install traffic control devices at approaches to the site and on site, at crossroads, detours, parking areas, and elsewhere as needed to direct construction and affected public traffic. B Relocate traffic signs and control devices as Work progresses to maintain effective traffic control. 3.05 BRIDGING TRENCHES AND EXCAVATIONS A Whenever necessary,bridge trenches and excavation to permit an unobstructed flow of traffic. 03/2008 01 555-3 of 4 CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION B Secure bridging against displacement by using adjustable cleats,angles,bolts or other devices whenever bridge is installed: 1. On an existing bus route; 2. When more than five percent of daily traffic is comprised of commercial or truck traffic; 3. When more than two separate plates are used for the bridge; or 4. When bridge is to be used for more than five consecutive days. C Install bridging to operate with minimum noise. D Adequately shore the trench or excavation to support bridge and traffic. E Extend steel plates used for bridging a minimum of one foot beyond edges of trench or excavation. Use temporary paving materials (premix) to feather edges of plates to minimize wheel impact on secured bridging. F Use steel plates of sufficient thickness to support H-20 loading, truck or lane, that produces maximum stress. 3.06 CLEAN-UP AND RESTORATION A Perform clean-up and restoration in and around construction zone in accordance with Section 01140—Contractor's Use of Premises. B Remove equipment and devices when no longer required. C Repair damage caused by installation. D Remove post settings to a depth of 2 feet. END OF SECTION 03/2008 01555-4 of 4 CITY OF PEARLAND FILTER FABRIC FENCE (11.16\ Section 01560 FILTER FABRIC FENCE 1.0 GENERAL 1.01 SECTION INCLUDES A Installation of filter fabric fence to control erosion and contain sediments and. pollutants from overland flow. Filter fabric fence is not for use in channelized flow areas.Filter fabric fence may be reinforced. B References to Technical Specifications: 1. Section 01200—Measurement&Payment Procedures 2. Section 01350—Submittals 3. Section 01562—Waste Material Disposal 4. Section 01566—Source Controls for Erosion &Sedimentation C Referenced Standards: 1. American Society for Testing and Materials (ASTM) a. ASTM D 3786,"Standard Test Method for Hydraulic Bursting strength of Textile.Fabrics" b. ASTM D 4632, "Standard Test Method for Grab Breaking Load and Elongation of Geotextiles" 1.02 MEASURMENT AND PAYMENT A Filter fabric fence will be measured by the linear foot between the limits of the beginning and ending of wooden stakes. B Payment for filter fabric fence will include and be full compensation for all labor, equipment,materials,supervision,and all incidental expenses for construction of these items,complete in place,including,but not limited to protection of trees,maintenance requirements, repair and replacement. of.damaged sections, removal of sediment deposits, and removal of erosion and sediment control systems .at the end of construction. C Refer to Section 01200—Measurement&Payment Procedures. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350— Submittals. B Manufacturer's catalog sheets and other Product Data on geotextile fabric. 03/2008 01560-1 of 3 CITY OF PEARLAND FILTER FABRIC FENCE 2.0 PRODUCTS 2.01 FILTER FABRIC A Provide woven or nonwoven geotextile filter fabric made of either polypropylene, polyethylene, ethylene, or polyamide material. By ASTM D 4632, geotextile fabric shall have a grab strength of 100 psi in any principal direction,a Mullen burst strength exceeding 200psi by ASTM-D3786,and the equivalent opening size between 50 and 140. C Filter fabric shall contain ultraviolet inhibitors and stabilizers to provide a minimum of 6 months of expected usable construction life at a temperature range of 0 degrees F to 120 degrees F. D Representative Manufacturer: Mirafi,Inc., or equal. 3.0 EXECUTION 3.01 PREPARATION AND INSTALLATION A Provide erosion and sediment control systems at the locations shown on Plans. Such systems shall be of the type indicated and shall be constructed in accordance with the requirements shown on the Plans and specified in this Section. B Erosion and sediment control measures shall be in place prior to the start of any Work that exposes the soil, other than as specifically directed by the Engineer to allow soil testing and surveying. C Regularly inspect and repair or replace damaged components of filter fabric fence as specified in this Section, 3.02F. Unless otherwise directed,maintain the erosion and sediment control systems until the Work is accepted by the Owner. Remove erosion and sediment control systems promptly when directed by the Engineer. Discard removed materials in accordance with Section 01562—Waste Material Disposal. D Conduct all construction operations under this Contract in conformance with the erosion control practices described in Section 01566—Source Controls for Erosion& Sedimentation: 3.02 CONSTRUCTION METHODS A Provide filter fabric fence systems in accordance with the Plan detail for Filter fabric fence. Filter fabric fence shall be installed in such a manner that surface runoff will percolate through the system in sheet flow fashion and allow sediment to be retained and accumulated. B Attach the filter fabric to 2-inch by 2-inch wooden stakes spaced a maximum of 3 feet apart and embedded a minimum of 8 inches. If filter fabric is factory preassembled 03/2008 01560-2 of 3 CITY OF PEARLAND FILTER FABRIC FENCE with support netting,then maximum spacing allowable is 8 feet. Install wooden stakes at a slight angle toward the source of anticipated runoff. C Trench in the toe of the filter fabric fence with a spade or mechanical trencher as shown on the Plans. Lay filter fabric along the edges of the trench. Backfill and compact trench. D Filter fabric fence shall have a minimum height of 18 inches and a maximum height of 36 inches above natural ground. E Provide the filter fabric in continuous rolls and cut to the length of the fence to minimize the use of joints. When joints are necessary,splice the Fabric together only at a support post with a minimum 6-inch overlap and seal securely. F Inspect filter fabric fence systems after each rainfall,daily during periods of prolonged rainfall, and at a minimum once each week. Repair or replace damaged sections immediately. Remove sediment deposits when silt reaches a depth one-third the height of the fence or 6 inches,whichever is less. END OF SECTION 03/2008 01560-3 of 3 CITY OF PEARLAND REINFORCED FILTER FABRIC BARRIER Section 01561. REINFORCED FILTER FABRIC BARRIER 1.0. GENERAL 1.01 SECTION INCLUDES A Installation of reinforced filter fabric barrier to control erosion and contain sediments and pollutants in channelized flow areas. B References to Technical Specifications: 1. Section 01200—Measurement&Payment Procedures 2, Section 01350—Submittals 3. Section 01566—Source Controls for Erosion & Sedimentation C Referenced Standards: 1. American Society for Testing and Materials (ASTM) a. ASTM D 3786,"Standard Test Method for Hydraulic Bursting strength of Textile Fabrics" b. ASTM D 4632, Standard Test Method for Grab Breaking Load and Elongation of.Geotextiles" 1.02 MEASURMENT AND PAYMENT A Measurement for reinforced filter fabric barrier is on a linear foot basis between the limits of the beginning and ending fence posts, measured, accepted, and complete in place. B. Payment for filter fabric barrier will include and be full compensation for all labor, equipment, materials, supervision, and incidental expenses for construction of these items,complete in place,including,but not limited to protection of trees,maintenance. requirements, repair and replacement of damaged sections, removal of sediment deposits, and removal of erosion and sediment control systems at the end of construction.. C Refer to Section 01200—Measurement&Payment Procedures. 1.03 SUBMITTALS . A Make Submittals required by this Section under the provisions of Section 01350— Submittals. B Manufacturer's catalog sheets and other product data on geotextile fabric. 05/2008 01561 -1 of 3 CITY OF PEARLAND REINFORCED FILTER FABRIC BARRIER 2.0 PRODUCTS 2.01 FILTER FABRIC A Provide woven or nonwoven geotextile filter fabric made of either polypropylene, polyethylene, ethylene, or polyamide material. B By ASTM - D4632, geotextile fabric shall have a grab strength of 100 psi in any principal direction,a Mullen burst strength exceeding 200psi by ASTM-D3786,and the equivalent opening size between 50 and 140. C Filter fabric shall contain ultraviolet inhibitors and stabilizers to provide a minimum of 6 months of expected usable construction life at a temperature range of 0 degrees F to 120 degrees F. D Representative Manufacturer: Mirafi, Inc., or equal. 2.02 FILTER FABRIC REINFORCEMENT A Provide woven galvanized steel wire fence with minimum thickness of 14 gauge and a maximum mesh spacing of 6 inches. B Welded wire shall be galvanized, 2-inch by 4-inch, welded wire fabric, 121/2 gauge. 2.03 EXECUTION 2.04 PREPARATION A Provide erosion and sediment control systems at the locations shown on Plans. Such systems shall be of the type indicated and shall be constructed in accordance with the requirements shown on the Plans and specified in this Section. B Erosion and sediment control measures shall be in place prior to the start of any Work that exposes the soil, other than as specifically directed by the Engineer to allow soil testing and surveying. C Regularly inspect and repair or replace damaged components of filter fabric barrier. Unless otherwise directed,maintain the erosion and sediment control systems until the Work is accepted by the Owner. Remove erosion and sediment control systems promptly when directed by the Engineer. Discard removed materials in accordance with Section 1562—Waste Material Disposal. D Conduct all construction operations under this Contract in conformance with the erosion control practices described in Section 01566—Source Controls for Erosion& Sedimentation. 05/2008 01561 -2 of 3 CITY OF PEARLAND REINFORCED FILTER FABRIC BARRIER (11.6\ 2.05 INSTALLATION A Install reinforced filter fabric barriers for erosion and sediment control used during construction and until the final development of the Project Site. Reinforced filter fabric barriers are used to retain sedimentation in channelized flow areas. B Provide reinforced filter fabric bather in accordance with the Plan detail for Reinforced Filter Fabric Barrier. Reinforced filter fabric bather systems shall be installed in such a manner that runoff will percolate through the system and allow sediment to be retained and accumulated. C Trench in the toe of the reinforced filter fabric barrier with a spade or mechanical trencher as shown on the Plans. Lay filter fabric along the edges of the trench. Backfi11 and compact trench. D Reinforced filter fabric barrier shall have a height of 18 inches. E Securely fasten the filter fabric to the wire with tie wires. F Provide the filter fabric in continuous rolls and cut to the length of the fence to minimize the use of joints. When joints are necessary,splice the fabric together only at a support post with a minimum 6-inch overlap and seal securely. G Inspect the reinforced filter fabric bather systems after each rainfall, daily•during periods of prolonged rainfall, and at a minimum once each week. Repair or replace damaged sections immediately. Remove sediment deposits when silt reaches a depth one-third the height of the bather or 6 inches, whichever is less. END OF SECTION 05/2008 01561 -3 of 3 CITY OF PEARLAND WASTE MATERIAL DISPOSAL Section 01562 WASTE MATERIAL DISPOSAL 1.0 GENERAL 1.01 SECTION INCLUDES A Disposal of waste material and salvageable material. B References to Technical Specifications: 1. Section 01350—Submittals 2. Section 01566-Source Controls for Erosion &Sedimentation 3. Section 01600—Materials &Equipment 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item,no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350— Cw*\‘ Submittals. B Obtain and submit applicable permits for proposed disposal sites. C Submit a Waste Material Disposal Plan. D Submit a copy of written permission from property owners,along with a description of the property,prior to disposal of excess material adjacent to the Project Site. Submit a written and signed release from property owner upon completion of disposal work. City of Pearland requires individual fill placement permits for all fill placed within the City limits. 1.04 WASTE MATERIAL DISPOSAL PLAN A Contractor shall formulate and implement a plan for the collection and disposal of waste materials on the Project Site which includes the following information: 1. Schedule for collection and inspection. 2. Location of trash and waste receptacles. 3. Provisions for liquid waste and potential water pollutants material. B The plan shall comply with applicable federal, state, and local health and safety regulations and Section 01566—Source Controls for Erosion &Sedimentation. 2.0 PRODUCTS - Not Used 07/2006 01562-1 of 3 CITY OF PFARLAND WASTE MATERIAL DISPOSAL 3.0 EXECUTION. . 3.01 . SALVAGEABLE MATERIAL A Excavated material: When indicated on Plans, load, haul, and deposit excavated material at a location or locations outside the limits of Project Site. B Base, surface, and bedding material: Deliver gravel, asphaltic, or other base and surfacing material designated for salvage to the location designated by the Engineer. C Pipe culvert: Deliver culverts designated for salvage to Owner's storage area. D Other:salvageable materials: Conform to requirements. of individual Technical Specifications. E Coordinate delivery of salvageable material with Engineer. When temporary, on-site storage of salvaged materials is required, comply with applicable provisions of Section 01600—Materials &Equipment. 3.02 SEDIMENT DISPOSAL A _ Remove sediment deposits and dispose of them at the designated spoil site for the Project. If a spoil site is not designated on the Plans,dispose of sediment off site at a location not in or adjacent to a stream or floodplain. 1 B Off-site disposal is the responsibility of the Contractor. C . Sediment to be placed at the Project Site should be spread evenly throughout the designated area,compacted and stabilized. Sediment shall not be allowed to flush into a stream or drainage way. D ' If sediment has been contaminated,it shall be disposed of in accordance with existing federal, state, and local rules and regulations. 3.03 EXCESS MATERIAL,WASTE,AND EQUIPMENT A Vegetation,rubble,broken concrete,debris,asphaltic concrete pavement,excess soil, and other materials not designated for salvage,shall become the property of Contractor and shall be removed from the Project Site and legally disposed of. B Dispose of removed equipment,materials,waste and debris in a manner conforming to applicable laws and regulations C . Excess soil may be deposited on private property adjacent to the Project Site when written permission is obtained from property owner under the provisions 'of this Section, 1.04D. 07/2006 01562-2 of 3 CITY OF PEARLAND WASTE MATERIAL DISPOSAL D. Verify the flood plain status of any proposed disposal site. Do not dispose of excavated materials in an area designated as within the 100-year Flood Hazard Area. E .Waste materials shall be removed from the site on a daily basis, such that the site is maintained in a neat and orderly condition. F No materials shall be disposed in a manner to damage the Owner in anyway. END OF SECTION 07/2006 01562-3 of 3 CONTROL OF GROUND WATER CITY OF PEARLAND AND_SURFACE WATER ("L\, Section 01564 CONTROL OF GROUND WATER AND SURFACE WATER 1.0 GENERAL 1.01 SECTION INCLUDES A Dewatering,depressurizing,draining,and maintaining trench and structure excavations and foundation beds in dry and stable condition. B Protecting work against surface runoff and rising flood waters. C Disposing of removed water. D References to Technical Specifications: 1. Section 01200—Measurement&Payment Procedures 2. Section 01350—Submittals 3. Section 01570 Trench Safety Systems 4. Section 01565 -TPDES Requirements 5. Section 01566—Source Controls for Erosion &Sedimentation E Referenced Standards: 1. Occupational Safety and Health Administration(OSHA) 2. Texas Commission on Environmental Quality(TCEQ) 3. Code of Ordinances, City of Pearland,Texas ' _ 4. Water Well Drillers and Pump Installers Advisory Council (WWD/PI) F : Definitions: 1. Ground Water Control Systems-installations external to the,excavation such as well points, eductors, or deep wells.. Ground water control includes dewatering and depressurization. a. Dewatering-lowering the water table and intercepting seepage which would otherwise emerge from slopes or bottoms of excavations and disposing of removed water. The intent of dewatering is to increase stability of excavated slopes; prevent dislocation of material from slopes or bottoms of excavations;reduce lateral loads on sheeting and bracing;improve excavating and hauling characteristics of excavated material;prevent failure or heaving of the bottom of excavations;and to provide suitable conditions for placement of backfill materials and construction of structures and other installations. b. Depressurization-reduction in piezometric pressure within strata not controlled by dewatering alone, as required to prevent failure or heaving of excavation bottom. 2. Surface Water Control-diversion and.drainage of surface water runoff and 7‘' rain water away from the excavation. 3. Excavation Drainage-keeping excavations free of surface and seepage water. 02/2008 01564-1 of 8 CONTROL OF GROUND WATER CITY OF PEARLAND AND SURFACE WATER 1.0 MEASUREMENT AND PAYMENT A Measurement for and control of ground water for open cut pipe excavations shall be on a linear foot basis and shall not exceed the length of open cut pipe installation in the area requiring ground water control. B Unless indicated as a Bid Item,no separate payment will be made for control of ground water for any condition(s) other than those described in this Section, 1.02A. No separate payment will be made for control of surface water. Include the cost to control non-pipe excavation ground water and surface water in price for Work requiring such controls. C Refer to Section 01200—Measurement&Payment Procedures. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350— Submittals. B Submit a Ground Water and Surface Water Control Plan for review by the Engineer prior to start of any field work. The plan shall be signed by a Professional Engineer registered in the State of Texas. The plan shall include the following: 1. Results of subsurface investigation and description of the extent and characteristics of water bearing layers subject to ground water control. 2. Names of equipment suppliers and installation subcontractors. 3. A description of proposed ground water control systems indicating arrangement,location, depth and capacities of system components, installation details and criteria, and operation and maintenance procedures. 4. A description of proposed monitoring and control system indicating depths and locations of piezometers and monitoring wells,monitoring installation details and criteria, type of equipment and instrumentation with pertinent data and characteristics. 5. A description of proposed filters including types, sizes, capacities and manufacturer's application recommendations. 6. Design calculations demonstrating adequacy of proposed systems for intended applications. Define potential area of influence of ground water control operation near contaminated areas. 7. Operating requirements,including piezometric control elevations for dewatering and depressurization. 8. Excavation drainage methods including typical drainage layers, sump pump application and other necessary means. 9. Surface water control and drainage installations. 10. Proposed methods and locations for disposing of removed water. C Submit the following records upon completed initial installation: 1. Installation and development reports for well points, eductors, and deep wells. 02/2008 01564-2 of 8 CONTROL OF GROUND WATER CITY OF PEARLAND AND SURFACE WATER 76\ 2. Installation reports and baseline readings for piezometers and monitoring wells. 3. Baseline analytical test data of water from monitoring wells. 4. Initial flow rates. D Submit the following records on a weekly basis during operations: 1. Records of flow rates and piezometric elevations obtained during monitoring of dewatering and depressurization. Refer to this Section, 3.02 "Requirements for Eductor,Well Points, or Deep Wells". 2. Maintenance records for ground water control installations,piezometers, and monitoring wells. E Submit the following records at end of the Work. Decommissioning(abandonment) reports for monitoring wells and piezometers installed by other during the design phase and left for Contractor's monitoring and use. 1.04 PERFORMANCE REQUIREMENTS A Conduct subsurface investigations to identify groundwater conditions and to provide parameters for design, installation, and operation of groundwater control systems. B Design a ground water control system, compatible with the requirements of OSHA Standards -29 CFR,Part 1926, and Section 01570-Trench Safety Systems of these Technical Specifications, to produce the following results: 1. ' Effectively reduce the hydrostatic pressure affecting excavations. 2. Develop a substantially dry and stable subgrade for subsequent construction operations. 3. Preclude damage to adjacent properties,buildings, structures,utilities, installed facilities, and other work. 4. Prevent the loss of fines, seepage,boils, quick condition, or softening of the foundation strata. 5. Maintain stability of sides and bottom of excavations. C Ground water control systems may include single-stage or multiple-stage well point systems, eductor and ejector-type systems, deep wells, or combinations of these equipment types. D Provide drainage of seepage water and surface water,as well as water from any other source entering the excavation. Excavation drainage may include placement of drainage materials, such as crushed stone and filter fabric, together with sump pumping. E Provide ditches,berms,pumps and other methods necessary to divert and drain surface water from excavation and other work areas. F Locate ground water control and drainage systems so as not to interfere with utilities, construction operations, adjacent properties, or adjacent water wells. 02/2008 01564-3 of 8 CONTROL OF GROUND WATER CITY OF PEARLAND AND SURFACE WATER G Assume sole responsibility for ground water control systems and for any loss or damage resulting from partial or complete failure of protective measures and any settlement or resultant damage caused by the ground water control operations. Modify ground water control systems or operations if they cause or threaten to cause damage to new construction, existing site improvements, adjacent property, or adjacent water wells,or affect potentially contaminated areas. Repair damage caused by ground water control systems or resulting from failure of the system to protect property as required. H Provide an adequate number of piezometers installed at the proper locations and depths as required to.provide meaningful observations of the conditions affecting the excavation, adjacent structures, and water wells. I Provide environmental monitoring wells installed at the proper locations and depths as required to provide adequate observations of hydrostatic conditions and possible contaminant transport from contamination sources into the work area or into the ground water control system. J Decommission piezometers and monitoring wells installed during design phase studies and left for Contractors monitoring and use. 1.05 ENVIRONMENTAL REQUIREMENTS A Comply with requirements of agencies having jurisdiction. B Comply with TCEQ regulations and WWD/PI Advisory Council for development, drilling, and abandonment of wells used in dewatering system. C Obtain permit from TCEQ under the Texas Pollutant Discharge Elimination System (TPDES),for storm water discharge from construction sites. Refer to Section 01565— TPDES, 3.02 "Certification Requirements". D Obtain all necessary permits from agencies with control over the use of groundwater and matters affecting well installation, water discharge, and use of existing storm drains and natural water sources. Because the review and permitting process may be lengthy, take early action to pursue and submit for the required approvals. E Monitor ground water discharge for contamination while performing pumping in the vicinity of potentially contaminated sites. F Implement control of ground and surface water under the provisions of Section 01566 —Source Controls for Erosion &Sedimentation. 2.0 PRODUCTS 2.01 EQUIPMENT AND MATERIALS A Equipment and materials are at the option of Contractor as necessary to achieve desired results for dewatering. Selected equipment and materials are subject to review 02/2008 01564-4 of 8 CONTROL OF GROUND WATER CITY OF PEARLAND AND SURFACE WATER of the Engineer through Submittals required in Section 01350 — Submittals, 1.06 "Operations and Maintenance Data". B Eductors, well points, or deep wells, where used, must be furnished, installed and operated by an experienced contractor regularly engaged in ground water control system design,installation, and operation. C Equipment and instrumentation for monitoring and control of the ground water control system includes piezometers and monitoring wells,and devices,such as flow meters, for observing and recording flow rates. D All equipment must be in good repair and operating order. E Sufficient standby equipment and materials shall be kept available to ensure continuous operation, where required. 3.0 EXECUTION 3.01 GROUND WATER CONTROL A Perform a subsurface investigation by borings as necessary to identify water bearing layers,piezometric pressures,and soil parameters for design and installation of ground water control systems. Perform pump tests,if necessary to determine the drawdown characteristics of the water-bearing layers. The results shall be presented in the Ground Water and Surface Water Control Plan.Refer to this Section, 1.03B. B Provide labor, material,equipment, techniques and methods to lower, control and handle ground water in a manner compatible with construction methods and site conditions. Monitor effectiveness of the installed system and its effect on adjacent property. C Install, operate, and maintain ground water control systems in accordance with the Plan. Notify Engineer in writing of any changes made to accommodate field conditions and changes to the Work. Provide revised drawings and calculations with such notification. D Provide for continuous system operation, including nights, weekends, and holidays. Arrange for appropriate backup if electrical power is primary energy source for dewatering system. E Monitor operations to verify that the system lowers ground water piezometric levels at a rate required to maintain a dry excavation resulting in a stable subgrade for prosecution of subsequent operations. . F Where hydrostatic pressures in confined water bearing layers exist below excavation, depressurize those zones to eliminate risk of uplift or other instability of excavation or installed works. Allowable piezometric elevations shall be defined in the Plan. 02/2008 01564-5 of 8 CONTROL OF GROUND WATER CITY OF PEARLAND AND SURFACE WATER G Maintain water level below subgrade elevation. Do not allow levels to rise until foundation concrete has achieved design strength. H During backfilling,dewatering may be reduced to maintain water level a minimum of 5 feet below prevailing level of backfill. However, do not allow that water level to result in uplift pressures in excess of 80 percent of downward pressure produced by weight of structure or backfill in place. Do not allow water levels to rise into cement stabilized sand until at least 48 hour after placement. I Provide a uniform diameter for each pipe drain run constructed for dewatering. Remove pipe drain when it has served its purpose. If removal of pipe is impractical, provide grout connections at 50-foot intervals and fill pipe with cement-bentonite grout or cement-sand grout when pipe is removed from service. J Extent of construction ground water control for structures with a permanent perforated underground drainage system may be reduced,such as for units designed to withstand hydrostatic uplift pressure. Provide a means of draining the affected portion of underground system,including standby equipment. Maintain drainage system during operations and remove it when no longer required. K Remove system upon completion of construction or when dewatering and control of surface or ground water is no longer required. L Compact backfill as required by the Contract Documents. 3.02 REQUIREMENTS FOR EDUCTOR,WELL POINTS, OR DEEP WELLS A For aboveground piping in ground water control system,include a 12-inch minimum length of clear, transparent piping between every eductor well or well point and discharge header so that discharge from each installation can be visually monitored. B Install sufficient piezometers or monitoring wells to show that all trench or shaft excavations in water bearing materials are predrained prior to excavation. Provide separate piezometers for monitoring of dewatering and for monitoring of depressurization. Install piezometers and monitoring wells for tunneling as appropriate for Contractor's selected method of work. C Install piezometers or monitoring wells not less than one week in advance of beginning the associated excavation. D Dewatering may be omitted for portions of underdrains or other excavations,but only where auger borings and piezometers or monitoring wells show that soil is predrained by an existing system such that the criteria of the Ground Water and Surface Water Control Plan are satisfied. 02/2008 01564-6 of 8 . CONTROL OF GROUND WATER CITY OF PEARLAND AND SURFACE WATER E Replace installations that-produce noticeable amounts of sediments after development. F .. Provide additional ground water control installations or change the methods in the event that the installations according to the Ground Water and Surface Water Control Plan do not provide satisfactory results based on the performance criteria defined by the Plan and by this Section. Submit a revised Plan according to this Section, 1.03A. G Mechanical dewatering equipment shall comply with Chapter 19 NOISE, Code of Ordinances, City of Pearland, Texas. 3.03 EXCAVATION DRAINAGE A Contractor may use excavation drainage methods if necessary to achieve well drained, stable trench conditions. The excavation drainage may consist of the following methods or combination of methods: 1. - Sump pumping in combination with: a. Layer of crushed stone and filter fabric. b. Sand and gravel drains. - 2. Wells for ground water control. B Use sump pumping and a drainage layer, as defined in ASTM D 2321,placed on the foundation beneath pipe bedding or thickened bedding layer of Class I material. 3.04 MAINTENANCE AND OBSERVATION A Conduct daily maintenance and observation of piezometers or monitoring wells while the ground water control installations or excavation drainage are operating in an area. Keep system in good operating condition. B Replace damaged and. destroyed piezometers or monitoring wells with new piezometers or wells as necessary to meet observation schedule. C Cut off piezometers or monitoring wells in excavation areas where piping is exposed, only as necessary to perform observation as excavation proceeds. Continue to maintain and make observations, as specified. D Remove and grout piezometers inside or outside the excavation area when ground water control operations are complete. Remove and grout monitoring wells when directed by the Engineer. 3.05 MONITORING AND RECORDING A Monitor and record average flow rate of operation for each deep well, or for each wellpoint or eductor header used in dewatering system. Also monitor and record water level and ground water recovery. These records shall be obtained daily until steady conditions are achieved, and twice weekly thereafter. 02/2008 01564-7 of 8 CONTROL OF GROUND WATER CITY OF PEARLAND AND SURFACE WATER B Observe and record elevation of water level daily as long as ground water control system is in operation, and weekly thereafter until the Work is completed or piezometers or wells are removed; except when Engineer determines that more frequent monitoring and recording are required. Comply with Engineer's direction for increased monitoring and recording and take measures as necessary to ensure effective dewatering for intended purpose. 3.06 SURFACE WATER CONTROL A Intercept surface water and divert it away from excavations through use of dikes, ditches,curb walls,pipes,sumps or other approved means. The requirement includes temporary works required to protect adjoining properties from surface drainage caused by construction operations. B Divert surface water and seepage water into sumps and pump it into drainage channels or storm drains, when approved by agencies having jurisdiction. Provide settling basins when required by such agencies. C Provide additional surface water control measures or change the methods in the event that the measures according to the Ground Water and Surface Water Control Plan do not provide satisfactory results based on the performance criteria defined by the Plan and by this Section. Submit a revised Plan according to this Section, 1.03B. END OF SECTION 02/2008 01564-8 of 8 CITY OF PEARLAND TPDES REQUIREMENTS Section 01565 TPDES REQUIREMENTS 1.0 GENERAL • 1.01 SECTION INCLUDES A Description of the required documentation to be prepared and signed by the Contractor before conducting construction operations,in accordance with the terms and conditions of the Texas Pollutant Discharge Elimination System (TPDES) General Permit as issued March 5,2003 by the Texas Commission on Environmental Quality under the provisions of Section 402 of the Clean Water Act and Section 26.040 of the Texas Water Code. • B Contractor's responsibility for implementation,maintenance,and inspection of storm water pollution prevention control measures including,but not limited to,erosion and sediment controls,storm water management plans,waste collection and disposal,off- site vehicle tracking,and other practices shown on the Plans or specified elsewhere in this or other Technical Specifications. C References to Technical Specifications: 1. Section 01350—Submittals (wain' 2. Section 01310—Coordination &Meetings 3. Section 01770—Contract Closeout D Referenced Standards: 1. - Texas Commission on Environmental Quality(TCEQ) E Other References: 1. Storm Water Pollution Prevention Plan (SWPPP)found.in Appendix A of these Technical Specifications. 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item,no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350— Submittals. 2.0 PRODUCTS - NotUsed 01/2008 - 01565-1 of 3 CITY OF PEARLAND TPDES REQUIREMENTS 3.0 EXECUTION fl 3.01 REQUIRED NOTICES A The Contractor shall complete,sign,and date the Contractor's Notice of Intent(NOI) attached in Appendix A. The signed copy of the Contractor's NOI shall be returned to the Owner. The Owner will complete the Owner's Notice of Intent attached in Appendix A and will submit both notices to the TCEQ. Submission of the NOI is required by both the Owner and the Contractor before construction operations start. B Upon completion of construction and acceptance of the Work by the Owner, the Contractor shall complete, sign, and date the Contractor's Notice of Termination (NOT) attached in Appendix A. 3.02 CERTIFICATION REQUIREMENTS A On the Operator's Information form attached in Appendix A, the Contractor shall complete name, address, and telephone number for the Contractor; the names of persons or firms responsible for maintenance and inspection of erosion and sediment control measures and all Subcontractors. B The Owner will complete and sign the Owner's Certification, shown in Appendix A and provide a copy to the Contractor for inclusion with other project certification forms. C The Contractor and Subcontractors named in the Contractor's Information form shall read, sign, and date the Contractor's/Subcontractor's Certification form, attached in Appendix A. D The persons or firms responsible for maintenance and inspection of erosion and sediment control measures shall read, sign, and date the Contractor's Inspection and Maintenance Certification form, attached in Appendix A. E The Contractor's Information form and all certification forms shall be submitted to the Owner before beginning construction. F Contractor shall review implementation of the SWPPP in a meeting with the Owner and Engineer prior to start of construction in accordance with Section 01310 — Coordination &Meetings. 3.03 RETENTION OF RECORDS A The Contractor shall keep a copy of the SWPPP at the Project Site or at the Contractor's office from the date that it became effective to the date the Work is accepted by the Owner. B At Contract Closeout,the Contractor shall submit to the Owner all TPDES forms and certifications, as well as a copy of the SWPPP, in accordance with Section 01770— 01/2008 01565-2 of 3 CITY OF PEARLAND TPDES REQUIREMENTS Contract Closeout. The SWPPP records and data will be retained by Owner for a period of 3 years from the date the Work is accepted by the Owner. 3.04 POSTING OF NOTICES A The following notices shall be posted from the date that this SWPPP goes into effect until the date the Work is accepted by the Owner:. 1. Copies of the Notices of Intent submitted by the Owner and Contractor and a brief Description of Construction Activity being conducted at the Project Site, as given in Article 1 of the SWPPP,shall be posted at the Project Site or at Contractor's office in a prominent place for public viewing. 2. Notice to drivers of equipment and vehicles,instructing them to stop, check, and clean tires of debris and mud before driving onto traffic lanes. Post such notices at every stabilized construction exit area. 3. In an easily visible location on Project Site,post a notice of waste disposal procedures. 4. Notice of hazardous material handling and emergency procedures shall be posted with the NOI on Project Site. Keep copies of Material Safety Data Sheets at a location on Project Site that is known to all personnel. 5. Keep_a copy of each signed certification at the Project Site or at Contractor's office. END OF SECTION • 01/2008 01565-3 of 3 CITY OF PEARLAND SOURCE CONTROLS FOR EROSION AND SEDIMENTATION Section 01566 SOURCE CONTROLS FOR EROSION AND SEDIMENTATION 1.0 GENERAL 1.01 SECTION INCLUDES A Descriptions of measures and practices,in response to TPDES General Permit TXR 150000, which shall be used on the Work to eliminate or significantly minimize pollutants in discharges into Surface Water in the State by controlling erosion and sediments at their source. B References,to Technical Specifications: 1. Section 01550—Stabilized Construction Exit 2. Section 01562—Waste Material Disposal 3. Section 01500—Temporary Facilities and Controls C Definitions: 1. Potential Water Pollutant-any substance that could potentially alter the physical, thermal, chemical, or biological quality of the Surface Water in the State,rendering the water harmful, detrimental, or injurious to humans, animal life,vegetation, or property, or to public health, safety or welfare,(°111.‘'" or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose. 1.02 MEAUSREMENT AND PAYMENT A Unless indicated as a Bid Item,no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 2.0 PRODUCTS - NotUsed 3.0 EXECUTION 3.01 PREPARATION AND INSTALLATION A Contractor shall conduct all construction operations under this Contract in conformance with the erosion control practices described in the Plans and this Technical Specification. B Erosion and sediment control measures shall be in place prior to the start of any Work that exposes the soil,other than as specifically directed by the Engineer to allow soil testing and surveying. C The Contractor shall install, maintain, and inspect erosion and sediment control measures and practices that operate effectively and as specified in the Plans and in this or other Technical Specifications. 07/2006 01566-1 of 5 CITY OF PEARLAND SOURCE CONTROLS FOR EROSION AND SEDIMENTATION D Equipment and vehicles shall be prohibited by the Contractor from maneuvering on areas outside of the limits of construction or dedicated rights-of-way and easements. Damage caused by construction traffic to erosion and sediment control systems shall be repaired immediately by the Contractor. E The Contractor shall be responsible for collecting, storing,hauling, and disposing of spoil, silt, waste materials, and contaminated material resulting from erosion and sediment control measures as specified in this or other Technical Specifications and in compliance with applicable federal,state, and local rules and regulations. 3.02 EXPOSED SOIL A When soil is exposed as a result of clearing,grading,excavating,stockpiling,or other soil disturbing activities, the Contractor shall implement measures to effectively control erosion and prevent the escape of sediments from the Project Site. B Control measures may include the following practices: 1. Preserve existing vegetation to the extent possible. 2. Construct drainage swales,berms, or sediment basins. 3. Maintain grades to minimize the velocity of sheet flow over disturbed areas and promote evaporation and infiltration of storm water directly into the ground. 4. Install filter fabric fences or bathers, sediment traps, seepage basins, gabions, or storm drain inlet protection devices. 5. Utilize vegetative buffer strips,mulching, or riprap C When the placement of topsoil,bank sand,or other soil material is specified, after an area has been brought to grade and immediately prior to placement, loosen the subgrade discing or by scarifying to a depth of at least 2 inches to permit bonding to the subsoil. D When all soil disturbing activities have been completed, establish a perennial vegetative cover on all areas that are not paved, covered by permanent structures,or otherwise permanently stabilized. 3.03 DUST CONTROL A Implement control measures to minimize dust creation and movement on construction sites and roads and to prevent airborne sediment from reaching receiving streams or storm water conveyance systems, to reduce on-site and off-site damage, to prevent health hazards, and to improve traffic safety. B Control blowing dust by using one or more of the following measures: 1. Mulches bound with chemical binders. 2. Temporary vegetative cover. 3. Tillage to roughen surface and bring clods to the surface. 4. Irrigation by water sprinkling. 07/2006 01566-2 of 5 CITY OF PEARLAND SOURCE CONTROLS FOR EROSION AND SEDIMENTATION 5. Bathers usingsolid board fences,burlapfences, crate walls,bales of hay,or Y similar materials. C Implement dust control measures immediately whenever dust can be observed blowing on the Project Site. 3.04 DEMOLITION AREAS A Demolition activities. which create large amounts of dust with significant concentrations of heavy metals or other potential water pollutants shall use methods described in this Section,3.03"Dust Control",to limit transport of airborne pollutants. However, water or slurry used to control dust contaminated with heavy metals or potential water pollutants shall be retained on the Project Site and shall not be allowed to run directly into watercourses or storm water conveyance systems by the appropriate use of control measures described in this Section. Methods of ultimate disposal of these materials shall be carried out in accordance with applicable local, state, and federal health and safety regulations. 3.05 SEDIMENT TRACKING A Minimize off-site tracking of sediments and the generation of dust by construction vehicles, keeping the streets clean or construction debris and mud,by implementing Culh one or more of the following control measures: 1. Restrict all ingress and egress to stabilized construction exits. 2. Stabilize areas used for staging,parking, storage or disposal. 3. Stabilize on-site vehicle transportation routes. 4. Remove mud and other debris,washing if necessary,from vehicles prior to entrance onto public roadways from the Project Site. 5. Maintain grade to minimize the occurrence of mud on the Project Site. B Construct stabilized construction areas under the provisions of Section 01550 Stabilized Construction Exists. C In addition to Stabilized Construction Exits shovel or sweep the pavement to the extent necessary to keep the street clean. Water-hosing or sweeping of debris and mud off of the street into adjacent areas is not allowed. 3.06 EQUIPMENT MAINTENANCE AND REPAIR A Control equipment maintenance and repair so that oils,gasoline,grease, solvents,and other potential water pollutants cannot be washed directly into receiving streams or storm water conveyance systems._ B Control measures may include the following practices: 1. Confine maintenance and repair of construction machinery and equipment to areas specifically designated for that purpose. Ca."-\ 2. Provide these areas with adequate waste disposal receptacles for liquid as well as solid waste. 07/2006 01566-3 of 5 CITY OF PEARLAND SOURCE CONTROLS FOR EROSION AND SEDIMENTATION 3. Clean and inspect maintenance and repair areas daily. 4. Stabilize the area with coarse aggregate. 5. Maintain grade to prevent surface water from flowing over the area. - 6. Place plastic matting,packed clay, tar paper, or other impervious material to prevent contamination of soil in the area. 7. Isolate areas of contaminated soil or other materials to facilitate proper removal and disposal. C Where effective control measures are not feasible,equipment shall be taken off-site for maintenance and repair. 3.07 WASTE COLLECTION AND DISPOSAL A Conduct operations in conformance with the plan provided in Section 01562—Waste Material Disposal and utilize such control measures,described in this Section,as may be necessary to eliminate or significantly reduce the discharge of possible water pollutants from the Project Site as a result of waste collection and disposal. B Keep receptacles and waste collection areas neat and orderly to the extent possible. Waste shall not be allowed to overflow its container or accumulate from day-to-day. Locate trash collection points where they will least likely be affected by concentrated storm water runoff. 3.08 WASHING AREAS A Vehicles such as concrete delivery, trucks or dump trucks and other construction equipment shall not be washed at locations where the runoff will flow directly into a watercourse or storm water conveyance system. Preventative measures may include the following practices: 1. Designate special areas for washing vehicles. 2. Locate these areas where the wash water will spread out and evaporate or infiltrate directly into the ground, or where the runoff can be collected in a temporary holding or seepage basin. - 3. Beneath wash areas construct a gravel or rock base to minimize mud production. B Construct washing areas under the provisions of Section 01550 — Stabilized Construction Exists. 3.09 STORAGE AND USAGE OF POTENTIAL WATER POLLUTANTS A Store and use potential water pollutants such as pesticides,fertilizers,distillate fuels, lubricants, solvents, cements, paints, acids, caustics, and other toxic substances in . accordance with manufacturers' guidelines, Material Safety Data Sheets, and with local, state,and federal regulations. 07/2006 01566-4 of 5 CITY OF PEARLAND SOURCE CONTROLS FOR (11.6.\ EROSION AND SEDIMENTATION B Isolate these substances in areas where they are to be stored,opened or used such that they will not cause pollution of runoff from the Project Site. Preventative measures may include the following practices: 1. Stabilize the area with coarse aggregate. 2. Store containers on raised platforms. 3. Place plastic matting,packed clay, tar paper, or other impervious material to prevent contamination of soil in the area. 4. Provide protective cover or weather proof enclosure. 5. Minimize accidental spillage. 6. Keep containers tightly closed. 7. Periodically inspect containers for leakage. 8. Maintain grade to prevent surface water from flowing over the area. 9. Provide berms, filter fabric fences or barriers, or sediment basins. 10. Designate washing areas for containers and other items that have come in contact with potential water pollutants. C Avoid overuse of substances such as pesticides and fertilizers which could produce contaminated runoff. 3.10 SANITARY FACILITIES A Provide the Project Site with adequate portable toilets for workers in accordance with Section 01500-Temporary Facilities and Controls,and applicable health regulations. B Control areas where sanitary facilities are located so that sewage or chemicals will not be washed directly into receiving streams or storm water conveyance systems by using one or more of the following measures. 1: Inspect the facilities daily. 2. Service the facilities as often as necessary to maintain cleanliness and prevent overflows. 3. Stabilize the area with coarse aggregate 4. Maintain grade to prevent surface water from flowing over the area END OF SECTION \ r 07/2006 01566-5 of 5. CITY OF PEARLAND TRENCH SAFETY SYSTEM Cumih\, Section 01570 TRENCH SAFETY SYSTEM ' 1.0 GENERAL 1.01 SECTION INCLUDES A. Trench safety system for the construction of trench excavations. B Trench.safety system for excavation of utilities, excavation of structures, and embankment which fall under provisions of federal, state, or local excavation safety laws. C References to Technical Specifications: 1. Section 01200—Measurement&Payment Procedures 2. Section 01350—Submittals D Referenced Standards: 1. Occupational Safety and Health Administration (OSHA) E Definitions: 1. Trench. A narrow excavation (in relation to its depth)made below the (1.16\ surface of the ground. In general, the depth is greater than the width,but the width of a trench(measured at the bottom)is not greater than 15 feet. 2. Trench safety system requirements apply to larger open excavations if the erection of structures or other installations limits the space between the excavation slope and the installation to dimensions equivalent to a trench as defined. 3. Trench safety systems include both Protective Systems and Shoring Systems but are not limited to sloping, sheeting, trench boxes or trench shields, slide rail systems, sheet piling, cribbing,bracing, shoring, dewatering or diversion of water to provide adequate drainage. a. Protective System: A method of protecting employees from cave-ins, from material that could fall or roll from an excavation face or into an - excavation, or from the collapse of an adjacent structure. b. Shoring System: A structure, which supports the sides of an excavation, to prevent cave-ins, maintain stable soil conditions, or to prevent movements of the ground affecting adjacent installations or improvements. c. Special Shoring: A shoring system meeting Special Shoring Requirements for locations identified on the Plans. 4. Competent Person-one who is capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary,hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them. 07/2006 01570-1 of 4 CITY OF PEARLAND TRENCH SAFETY SYSTEM 1.02 MEASUREMENT AND PAYMENT A Measurement for trench safety systems used on utility excavations is on a linear foot basis,measured along the centerline of the trench. Payment for trench safety systems includes payment for manholes and other line structures. B Unless indicated in as a Bid Item, no separate payment will be made for shoring systems under this Section. Include cost in Bid Items for trench safety systems. C If shown on the Plans and included in Section 00300—Bid Proposal as a separate Bid Item, Measurement and Payment for Special Shoring system installation for trench excavation is on a square foot basis, measured and completed in place. D Unless indicated as a Bid Item, no separate payment will be made for trench safety systems used on structural excavations under this Section. Include cost for trench safety system used on structural excavations in applicable structure installation. E Unless indicated as a Bid Item, no separate payment will be made for trench safety systems used on roadway excavation or embankment under this Section. Include cost in applicable Sections. F Refer to Section 01200—Measurement&Payment Procedures. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350— Submittals. B Submit a safety plan specifically for the construction of trench excavation,excavation of utilities,excavation of structures, and embankment which fall under provisions of federal, state, or local excavation safety laws. Design the Trench Safety Plan to be in accordance with OSHA Standards-29CFR governing the presence and activities of individuals working in and around trench excavations, and in accordance with any Special Shoring requirements at locations shown on the Plans. Include in the plan, submittal of the contact information for the Competent Person C Have Shop Drawings for trench safety systems sealed, as required by OSHA, by a Professional Engineer, licensed by the State of Texas, retained and paid by the Contractor. 1.04 REGULATORY REQUIREMENTS A Install and maintain trench safety systems in accordance with the provision of Excavations,Trenching,and Shoring,OSHA Standards—29 CFR,Part 1926,Subpart P, as amended,including Final Rule, published in the Federal Register Vol. 54,No. 209 on Tuesday, October 31, 1989. The sections that are incorporated into these Technical Specifications,by reference,include Standard 1926.650—652. 07/2006 01570-2 of 4 CITY OF PEARLAND TRENCH SAFETY SYSTEM CNI"\, B A reproduction.of the OSHA Standards — 29 CFR included in Subpart P — "Excavations"from the Federal Register Vol.54,No.209 is available upon request to Contractors bidding on the Work. The Owner assumes no responsibility for the accuracy of the reproduction. The Contractor is responsible for obtaining a copy of this section of the Federal Register. C Include in the Trench Safety Program measures that establish compliance with the standard interpretation of the General Duty Clause, Section 5.(a)(1), of the Occupational Safety and Health Act of 1970—20 USC 654 which states,`Employers must shore or otherwise protect employees who walk/work at the base of an embankment from possible collapse." D Legislation that has been enacted by the State of Texas with regard to Trench Safety Systems is hereby incorporated,by reference,into these specifications. Under Texas Statutes, refer to Chapter 756 of the Health and Safety Code, SUBCHAPTER C. TRENCH SAFETY. E Reference materials,if developed for this Work,will be issued by the Engineer along with the Bid Documents,including the following: 1. Geotechnical information obtained for use in design of the trench safety system. 2. Special Shoring Requirements. 1.05 INDEMNIFICATION A Contractor shall indemnify and hold harmless the Owner,its employees, and agents, from any and all damages,costs(including,without limitation,legal fees,court costs, and the cost of investigation),judgments or claims by anyone for injury or death of persons resulting from the collapse or failure of trenches constructed under this Contract. B Contractor acknowledges and agrees that this indemnity provision provides indemnity for the Owner in case the Owner is negligent either by act or omission in providing for trench safety, including, but not limited to safety program and design reviews, inspections,failures to issue stop work orders, and the hiring of the Contractor. C Review of the safety program by the Engineer will only be in regard to compliance with the Contract Documents and will not constitute approval by the Engineer nor relieve Contractor of obligations under state and federal trench safety laws. 2.0 PRODUCTS - Not Used 3.0 EXECUTION 3.01 INSTALLATION CI.6\ A Install and maintain trench safety systems in accordance with provisions of OSHA Standards—29 CFR. 07/2006 01570-3 of 4 CITY OF PEARLAND TRENCH SAFETY SYSTEM B Specially designed trench safety systems shall be installed in accordance with the Contractor's trench excavation safety program for the locations and conditions identified in the program. C Install Special Shoring at the locations shown on the Plans. D Obtain verification from a Competent Person,defined in this Section and as identified in the Contractor's Trench Safety Program, that trench boxes and other pre- manufactured systems are certified for the actual installation conditions. 3.02 INSPECTION A Conduct daily inspections by Contractor or Contractor's independently retained consultant, of the trench safety systems to ensure that the installed systems and operations meet OSHA Standards—29 CFR and other personnel protection regulations requirements. B If evidence of possible cave-ins or slides is apparent, immediately stop work in the trench and move personnel to safe locations until necessary precautions have been taken to safeguard personnel. C Maintain a permanent record of daily inspections. 3.03 FIELD QUALITY CONTROL A Verify specific applicability of the selected or specially designed trench safety systems to each field condition encountered on the Work. END OF SECTION 07/2006 01570-4 of 4 CITY OF PEARLAND MATERIAL AND EQUIPMENT ' Section 01600 MATERIAL AND EQUIPMENT 1.0 GENERAL 1.01 SECTION INCLUDES A Requirements for transportation, delivery, handling, and storage of materials and equipment. B References to Technical Specifications: 1. Section 01566—Source Controlsfor Erosion &Sedimentation 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item,no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this work is a component. 1.03 PRODUCTS A Products: Means material,equipment,or systems forming the Work. Does not include machinery and equipment used for preparation,fabrication,conveying and erection of the Work. Products may also include existing materials or components designated for reuse. B Do not reuse materials and equipment,designated to be removed,except as specified by the Contract Documents. C Provide equipment and components from the fewest number of manufacturers as is practical, in order to simplify spare parts inventory and to allow for maximum interchangeability of components. For multiple components of the same size,type or application,use the same make and model of component throughout the Work. 1.04 TRANSPORTATION A Make arrangements for transportation, delivery, and handling of equipment and materials required for timely completion of the Work._ B Transport and handle products in accordance with instructions. C Consign and address shipping documents to the proper party giving name of Project, street number, and City. Shipments shall be delivered to the Contractor. 1.05 DELIVERY A Arrange deliveries of products to accommodate.the Construction Schedule and in ample time to facilitate inspection prior to installation. Avoid deliveries that cause lengthy storage or overburden of limited storage space. 07/2006 01600-1 of 3 CITY OF PEARLAND MATERIAL AND EQUIPMENT B Coordinate deliveries to avoid conflict with Work and conditions at the Project Site and to accommodate the following: 1. Work of other contractors or the Owner. 2. Limitations of storage space. 3. Availability of equipment and personnel for handling products. 4. Owner's use of premises. C Have products delivered to the Project Site in manufacturer's original, unopened, labeled containers. D Immediately upon delivery,inspect shipment to assure: 1. Product complies with requirements of Contract Documents. 2. Quantities are correct. 3. Containers and packages are intact;labels are legible. 4. Products are properly protected and undamaged. 1.06 PRODUCT HANDLING A Coordinate the off-loading of materials and equipment delivered to the Project Site. If necessary to move stored materials and equipment during construction, Contractor shall relocate materials and equipment at no additional cost to the Owner. B Provide equipment and personnel necessary to handle products, including those provided by the Owner,by methods to prevent damage to products or packaging. C Provide additional protection during handling as necessary to prevent breaking scraping,marring, or otherwise damaging products or surrounding areas. D Handle products by methods to prevent over bending or overstressing. E Lift heavy components only at designated lifting points. F Handle materials and equipment in accordance with Manufacturer's recommendations. G Do not drop, roll, or skid products off delivery vehicles. Hand carry or use suitable materials handling equipment. 1.07 STORAGE OF MATERIAL A Store and protect materials in accordance with manufacturer's recommendations and requirements of these Technical Specifications. Control storage of potential water pollutants in conformance with Section 01566 — Source Controls for Erosion & Sedimentation. B Make necessary provisions for safe storage of materials and equipment. Place loose soil materials,and materials to be incorporated into the Work to prevent damage to any part of the Work or existing facilities and to maintain free access at all times to all parts of the Work and to utility service company installations in the vicinity of the Work. 07/2006 01600-2 of 3 •� CITY OF PEARLAND MATERIAL AND EQUIPMENT E C Keep materials and equipment neatly and compactly stored in locations that will cause a minimum of inconvenience to other contractors, public travel, adjoining owners, tenants, and occupants. Arrange storage in a.manner to provide easy access for inspection. D Provide adequately ventilated, watertight storage facilities with floor above ground level for materials and equipment susceptible to weather damage. E Restrict storage to areas available on the construction site for storage of material and equipment as shown on Plans or approved by the Project Manager. F Provide off-site storage and protection when on-site storage is not adequate. G Do not use lawns, grass plots, or other private property for storage purposes without written permission of the owner or other person in possession or control of such premises. Damage to lawns,sidewalks,streets or other improvements shall be repaired or replaced to the satisfaction of the Project Manager. H Protect stored materials and equipment against loss or damage. I Store materials in manufacturers'unopened containers. J Materials delivered and stored along the line of the Work shall be not closer than 3 feet to any fire hydrant. Public and private chives and street crossings shall be kept open. (1/18 K The total length which materials may be distributed along the route of construction at any one time is 1000 lineal feet,unless otherwise approved in writing by the Project Manager. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - NotUsed END OF SECTION 07/2006 01600-3 of 3 CITY OF PEARLAND FIELD SURVEYING (lib\ Section 01720 FIELD SURVEYING 1.0 GENERAL 1.01 SECTION INCLUDES A Requirements for surveyors and surveys. B Procedures pertaining to survey control points and reference points. C References to Technical Specifications:. ' 1. Section 01350—Submittals . 2. Section 01760—Project Record Documents 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item,no separate payment will be made for Work performed. . under this Section. Include cost in Bid Items for which this Work is a component. 1.03 QUALITY CONTROL Cikk\' A Conform to State of Texas laws for surveys requiring licensed surveyors. Employ a land surveyor acceptable to Engineer. 1.04 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350— Submittals. B Submit to Engineer the name, address, and telephone number of Surveyor before starting survey work. C Submit documentation verifying accuracy of survey work on request. 1.05 PROJECT RECORD DOCUMENTS A Maintain a complete and accurate log of control and survey work as it progresses. B Submit Record Documents under provisions of Section 01760 — Project Record Documents. 1.06 EXAMINATION A Verify locations of survey control points prior to starting Work. B Notify Engineer immediately of any discrepancies discovered. � 07/2006 01720-1 of 2 CITY OF PEARLAND FIELD SURVEYING 1.07 SURVEY REFERENCE POINTS A Control datum for survey is that established by Owner-provided survey and indicated on Plans. B Locate and protect survey control points, including property corners,prior to starting site work. Use caution to preserve permanent reference points during construction. C The Contractor shall not reset; nor cause to be reset, lost, disturbed, or damaged; control points. Promptly notify Engineer of disturbance or damage to any control point(s). D Notify Engineer 48 hours in advance of need for relocation of reference points due to changes in grades or other reasons. E Report promptly to Engineer the loss or destruction of any reference point. F Any re-staking of control points lost,disturbed,or damaged by Contractor's operations will be provided by Owner at Contractor's expense. G Employ a Registered Public Land Surveyor to reset any missing, disturbed, or damaged monumentation. 1.08 SURVEY REQUIREMENTS A Utilize recognized engineering survey practices. B Establish a minimum of two permanent bench marks on Project Site, referenced to established control points. Record locations, with horizontal and vertical data, on Project Record Documents. C Establish and record in survey notes elevations,lines and levels to provide quantities required for Measurement and Payment and to provide appropriate controls for the Work. Locate and lay out by instrumentation and similar appropriate means: 1. Site improvements including pavements; stakes for grading; fill and topsoil placement;utility locations, slopes, and invert elevations. 2. Grid or axis for structures. 3. Mounumented Baseline. D Verify periodically layouts by same means. 2.0 PRODUCTS - Not Used 3.0 EXECUTION - NotUsed END OF SECTION 07/2006 01720-2 of 2 CM'OFPEARLAND CUTTING AND PATCHING (11"\, Section 01730 CUTTING AND PATCHING 1.0 GENERAL 1.01 SECTION INCLUDES A Cutting, patching and fitting of Work to existing facilities, or to accommodate installation or connection of Work with existing facilities, or to uncover Work for access, inspection or testing. B References to Technical Specifications: 1. Section 01350—Submittals 2. Section 01630—Product Options& Substitutions 1.02 MEASURMENT AND PAYMENT A Unless indicated as a Bid Item,no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS Cirnk'\ A Make Submittals required by this Section under the provisions of Section 01350— Submittals. B Submit written notice to the Engineer requesting consent to proceed prior to cutting which may affect structural integrity or design function,Owner operations,or work of another contractor. C Include the following in submittal: 1. Identification of Project. 2. Description of affected Work. 3. Necessity for cutting. 4. Effect on other work and on structural integrity. 5. Include description of proposed Work: a. Scope of cutting and patching. b. Contractor, subcontractor or trade to execute Work. c. Products proposed to be used. d. Extent of refinishing. e. Schedule of operations. 6. Alternatives to cutting and patching, if any. D Should conditions of Work or schedule indicate change of materials or methods, submit a written recommendation to the Engineer including: 1. Conditions indicating change. 2. Recommendations for alternative materials or methods. 11181-\ 3. Submittals as required for substitutions in Section 01630—Product Options & Substitutions. 07/2006 01730- 1 of 3 CITY OF PEARLAND CUTTING AND PATCHING E Submit written notice to the Engineer designating time Work will be uncovered for observation. Do not begin cutting or patching operations until authorized by the Engineer. 1.04 CONNECTIONS TO EXISTING FACILITIES A Perform construction necessary to complete connections and tie-ins to existing facilities. Keep all existing facilities in continuous operation unless otherwise specifically permitted in these Technical Specifications or approved by the Engineer. B Coordinate with the Engineer, interruption of service requiring connection into existing facilities. Bypassing of wastewater or sludge to waterways is not permitted. Provide temporary pumping facilities to handle wastewater if necessary. Use temporary bulkheads (e.g., inflatable plugs) to minimize disruption. Provide temporary power supply and piping to facilitate construction where necessary. C Submit a detailed schedule of proposed connections,including shut-downs and tie-ins. Include in the submittal the proposed time and date as well as the anticipated duration of the Work. Submit the detailed schedule coordinated with the construction schedule. 1. Provide specific time and date information to the Engineer 48 hours in advance of proposed Work. D Procedures and Operations: 1. The Contractor may operate existing pumps, valves and gates required for sequencing procedures only as directed by the Engineer. Do not operate any valve, gate or other item of equipment without permission of the Owner and the knowledge of the Engineer. 2. Insofar as possible,equipment shall be tested and in operating condition before final tie-ins are made to connect equipment to the existing facility. 3. Carefully coordinate Work and schedules. Provide written notice to the Engineer at least 48 hours before shut-downs or by-passes are required. 2.0 PRODUCTS - Not Used. 3.0 EXECUTION A Perform activities to avoid interference with facility operations and the Work of others in accordance with Section 00700—General Conditions of the Agreement. B Execute cutting and patching, including excavation, backfill,and fitting to: 1. Remove and replace defective Work or Work not conforming to the Plans and Technical Specifications. 2. Take samples of installed Work as required for testing. 3. Remove construction required to provide for specified alteration or addition to existing Work. 4. Uncover Work to provide for inspection or reinspection of covered Work by the Engineer or regulatory agencies having jurisdiction. 5. Connect any Work that was not accomplished in the proper sequence to completed Work. 07/2006 01730-2 of 3 CITY OF PEARLAND CUTTING AND PATCHING 6. Remove or relocate existing utilities and pipes which obstruct Work to which connections must be made. 7. Make connections or alterations to existing or new facilities. 8. Provide openings,channels,chases and flues,if any,and do cutting,patching and finishing. C Restore existing Work to a state equal to or better than that prior to cutting and patching. Restore new Work to standards of these Technical Specifications. D Support, anchor,attach,match,trim and seal materials to the Work of others. Unless otherwise specified, furnish and install sleeves,.inserts, hangers, required for the execution of the Work. E Provide shoring,bracing and support as required to maintain structural integrity and protect adjacent Work from damage during cutting and patching. Before cutting beams or other structural members,anchors,lintels or other supports,request written instructions from the Engineer. Follow such instructions, as applicable. END OF SECTION Clib\ 07/2006 01730 3 of 3 CITY OF PEARLAND .PROJECT RECORD DOCUMENTS (11166\' Section 01760 PROJECT RECORD DOCUMENTS 1.0 GENERAL 1.01 SECTION INCLUDES A Maintenance and Submittal of Record Documents and Samples. B References to Technical Specifications: 1. Section 01350—Submittals 2. Section 01770—Contract Closeout 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item,no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required by this and related Sections under the provisions of Section 01350—Submittals. 1.04 MAINTENANCE OF DOCUMENTS AND SAMPLES A Maintain one copy of Record Documents at the Project Site in accordance with Section 00700 — General Conditions of Agreement, 3.02 "Keeping Plans and Specifications Accessible". B Store Record Documents and Samples in field office if a field office is required by Contract Documents,or in a secure location. Provide files,racks,and secure storage for Record Documents and Samples. C Label each document"PROJECT RECORD" in neat, large,printed letters. D Maintain Record Documents in a clean,dry,and legible condition. Do not use Record Documents for construction purposes. E Keep Record Documents and Samples available for inspection by Engineer. 1.05 RECORDING A Record information concurrently with construction progress. Do not conceal any work until required information is recorded. B Plans, Change Orders, and Shop.Drawings: Legibly mark each item to record all actual construction, or "as built" conditions, including: 1. Measured horizontal locations and elevations of underground utilities and appurtenances, referenced to permanent surface improvements. 07/2006 01760-1 of 2 CITY OF PEARLAND PROJECT RECORD DOCUMENTS 2. Elevations of underground utilities referenced to bench marks utilized for the Work. 3. Field changes of dimension and detail. .. 4. Changes made by modifications. 5. Details not on original Plans. 6. References to related Shop Drawings and Modifications. C Record information with a red pen or pencil on a set of blue line opaque drawings, provided by Engineer. 2.0 PRODUCTS - Not Used 3.0 EXECUTION A Deliver Record Documents and Samples to Owner in accordance with Section 01770— Contract Closeout. • END OF SECTION 07/2006 01760-2 of 2 CITY OF PEARLAND CONTRACT CLOSEOUT • (111 Section 01770 CONTRACT CLOSEOUT 1.0 GENERAL 1.01 SECTION INCLUDES A Closeout procedures including final submittals such as operation and maintenance data, warranties, and spare parts and maintenance materials. B References to Technical Specifications: 1. Section 01350—Submittals. 2. Section 01760—Project Record Documents 1.02 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350— Submittals. 1.03 CLOSEOUT PROCEDURES A Comply with Section 00700 — General Conditions of Agreement regarding Final Completion and Final Payment when Work is complete and ready for Engineer's final inspection. B Provide Record Documents under provisions of Section 01760 — Project Record Documents. C Complete or correct items on punch list,with no new items added. Any new items will be addressed during warranty period: D The Owner will occupy portions of the Work as specified in Section 00700—General Conditions of Agreement. E Contractor shall request Final Inspection at least two weeks prior to Final Acceptance. 1.04 FINAL CLEANING A Execute final cleaning prior to final inspection. B Clean debris from drainage systems. C Clean Project Site; sweep paved areas,rake clean landscaped surfaces. D Remove waste and surplus materials, rubbish, and temporary construction facilities from the Project Site following the final test of utilities and completion of the Work. 1.05 OPERATION AND MAINTENANCE DATA 02/2008 01770- 1 of 2 CITY OF PEARLAND CONTRACT CLOSEOUT A Submit Operations and Maintenance data under provisions of Section 01350 — Submittals. 1.06 WARRANTIES A Provide one original of each warranty from Subcontractors, Suppliers, and Manufacturers. B Provide Table of Contents and assemble warranties in 3-ring/D binder with durable plastic cover. C Submit warranties prior to Final Application for Payment. 1. Warranties shall commence in accordance with the requirements of Section 00700—General Conditions of Agreement, 1.09 "Substantially Completed". 2.0 PRODUCTS - NotUsed • . 3.0 • EXECUTION Contractor shall diligently pursue completion of the items and activities contained in the Contract Close Out and Project Record Document sections of the project manual. Notwithstanding any performance of warranty work, the work of Contract Closeout shall be complete within thirty (30) days of the date of Final Completion and Acceptance of the work. END OF SECTION 02/2008 01770-2 of 2 "'`\ CITY OF PEARLAND TECHNICAL SPECIFICATIONS DIVISION 2 TECHNICAL SPECIFICATIONS DIVISION 2 SITE WORK 04/2008 CITY OF PEARLAND SITE PREPARATION Section 02200 SITE PREPARATION 1.0 GENERAL 1.01 SECTION INCLUDES A Removal of topsoil, stripping and stockpiling, clearing and grubbing. B Removal and disposal of waste materials, excess materials, debris and trash. C Removal of obstructions. D Excavation and fill. E` Salvaging of designated item. F References to Technical Specifications: 1. Section 01200—Measurement and Payment Procedures 2. Section 01350—Submittals 3. Section 01450—Testing Laboratory Services 4. Section 01500—Temporary Facilities and Controls ("\' 5. Section 02255—Bedding,Backfill and Embankment Material 6. Section 02330—Embankment 7. Section 01140—Contractor's Use of Premises G Referenced Standards: 1. American Society for Testing and Materials (ASTM) a. ASTM D 4318, "Standard Test Methods for Liquid Limit, Plastic Limit, and Plasticity Index of Soils" 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item,no separate payment will be made for.Work performed under this Section. Include cost in Bid Items for which this Work is a component. B If Site Preparation is included as a Bid Item,measurement will be based on the Units shown in Section 00300 - Bid Proposal and in accordance with Section 01200 — Measurement and Payment Procedures. 1.03 SUBMITTALS A . Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Submit embankment material sources and product quality information in accordance this Section. 07/2006 02200-1 of 4 CITY OF PEARLAND . SITE PREPARATION 1.04 TESTING A Testing and analysis of product quality, material sources, or field quality shall be performed by an independent testing laboratory provided by the Owner under the provisions of Section 01450- Testing Laboratory Services and as specified in this Section. 1.05 PROTECTION OF PEOPLE AND PROPERTY A Contractor shall conduct all construction operations under this Contract in conformance with the practices described in Section 01500-Temporary Facilities and Controls. 2.0 PRODUCTS 2.01 MATERIALS A Contractor shall provide materials used as embedment, backfill,back-dressing, and embankment identified on the Plans in accordance with Section 02255 - Bedding, Backfill and Embankment Material. 3.0 EXECUTION 3.01 CLEARING AND GRUBBING. A Clear Project Site of trees,shrubs,and other vegetation,except for those designated by Owner to be left standing. B Use only hand methods for grubbing inside drip line of trees designated to remain. C Completely remove stumps,roots,and other debris protruding through ground surface. 1. On areas required for roadway, channel, or structural excavation, remove stumps, 2" diameter or larger limbs and roots, to depth of 2 feet below lower elevation of excavation. 2. On areas required for embankment construction, remove 2" diameter limbs, stumps and roots to depth of 2 feet below ground surface 3. Trees and stumps may be cut off as close to natural ground as practicable on areas which are to be covered by at least 3 feet of embankment D Fill depressions caused by clearing and grubbing operations with satisfactory soil material, unless further excavation or earthwork is indicated. 1. Place fill material in horizontal layers not exceeding 6 inches loose depth,and thoroughly compact to density equal to adjacent original ground. E Complete operations by bulldozing,blading,and grading so that prepared area is free of holes,unplanned ditches, abrupt changes in elevations and irregular contours,and preserve drainage of area. 1. Blade entire area to prevent ponding of water and to provide drainage, except in areas to be immediately excavated 07/2006 02200-2 of 4 CITY OF PEARLAND SITE PREPARATION 3.02 TOPSOIL STRIPPING AND STOCKPILING A Obtain approval of topsoil quality before excavating and stockpiling. B Excavate topsoil for esplanades and areas to receive grass or landscaping from areas to be further excavated. C Topsoil Stripping: 1. Remove growths of grass from areas before stripping. 2. Topsoil is defined as surface soil found of depth of not less than 4.inches. 3. Strip topsoil to depths encountered.. 4. Perform stripping in a manner to prevent intermingling of topsoil with underlying sterile subsoil and remove objectionable materials,including clay lumps, stones over 2 in. in diameter, weeds, roots,leaves, and debris. 5. Where trees are designated by Owner to be left standing,stop topsoil stripping at extreme limits of tree drip line to prevent damage to main root system. D Topsoil Stockpiling: 1. Stockpile in areas designated on Plans. 2. Construct storage piles to freely drain surface water. 3. Cover storage piles, if required to prevent wind-blown dust. 4. Stockpile topsoil to depth not exceeding 8 feet. Stockpile in a manner to prevent erosion. 3.03 UNSUITABLE MATERIAL A Undercut, remove, and replace material which Engineer designates as unsuitable for subsequent construction. B Material used to replace unsuitable material shall be suitable material from site excavation or as indicated on Plans. 3.04 EXCAVATION AND FILL A Depressed site areas shall be filled using material from high areas, insofar as practicable. B When fill obtained_from high areas is exhausted, fill to indicated rough grade elevations under roadways with"Structural Fill"and open areas not under structures or roadways with "General Fill", or as indicated on Plans. C Place and compact fill in accordance with Section 02330-Embankment. 3.05 SALVAGEABLE ITEMS AND MATERIAL A Items designated by Engineer to be salvaged are to be carefully removed,so as to cause no damage to the salvaged items and delivered to Owner's storage yard. 07/2006 02200-3 of 4 CITY OF PEARLAND SITE PREPARATION 3.06 CLEAN-UP AND RESTORATION A Perform clean-up and restoration in and around construction zone in accordance with Section 01140—Contractor's Use of Premises. END OF SECTION 07/2006 02200-4 of 4 CITY OF PEARLAND CEMENT STABILIZED SAND Cis Section 02252 CEMENT STABILIZED SAND 1.0 GENERAL 1.01 SECTION INCLUDES A Cement stabilized sand for backfill and bedding. B References to Technical Specifications: 1. Section 01350—Submittals 2. Section 02255—Bedding,Backfill, and Embankment Materials 3. Section 01450—Testing Laboratory Services C Referenced Standards: 1. American Society for Testing and Materials (ASTM) a. ASTM D 558, "Standard Test Methods for Moisture-Density (Unit Weight)Relations of Soil-Cement Mixtures" b. ASTM D 1632, "Practice for Making and Curing Soil-Cement Compression and Flexure Test Specimens in the Laboratory" c. ASTM D 1633, "Standard Test Method for Compressive Strength of Molded Soil-Cement Cylinders" Clik\ d. ASTM C 150, "Standard Specification for Portland Cement" e. ASTM C 33, "Standard Specification for Concrete Aggregates" f. ASTM D 2487, "Standard Classification of Soils for Engineering Purposes (Unified Soil Classification System)" g. ASTM C 142, "Standard Test Method for Clay Lumps and Friable Particles in Aggregates". h. ASTM C 123, "Standard Test Method for Lightweight Particles in Aggregate" i. ASTM C 40, "Standard Test Method for Organic Impurities in Fine Aggregates for Concrete" . j. ASTM C 4318, "Standard Test Methods for Liquid Limit, Plastic Limit, and Plasticity Index of Soils" k. ASTM C 94, "Standard Specification for Ready-Mixed Concrete" 1. ASTM C 31,"Standard Practice for Making and Curing Concrete Test Specimens in the Field" 1.02 MEASUREMENT AND PAYMENT A Unless indicated as an Extra Item, no separate payment will be made for cement stabilized sand under this Section. Include cost in Bid Items for applicable utility or structure installation. B If use of cement stabilized sand is allowed, based on the Engineer's direction, and indicated in Section 00300—Bid Proposal as an Extra Item,measurement will be on a per ton basis. A conversion between volumes calculated based on theoretical limits and total weight will be made based on a ratio of 1.64 tons per cubic yard. 07/2007 02252-1 of 5 CITY OF PEARLAND CEMENT STABILIZED SAND 1.03 SUBMITTALS fl A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Submit material qualification and design mix tests to include: 1. Three series of tests of sand or fine aggregate material from the proposed source. Tests shall include procedures defined in this Section, 2.01 "Materials". 2. Three moisture-density relationship tests prepared using the material qualified by the tests in this Section, 1.03B1. Blends of fine aggregate from crushed concrete and bank run sand shall be tested at the ratio to be used for the design mix testing. 3. Design mix report to meet the specifications of this Section, 1.04 "Design Requirements". The design mix shall include compressive strength tests after 48-hours and 7 days curing. 1.04 DESIGN.REQUIREMENTS A Design sand-cement mixture to produce a minimum unconfined compressive strength of 100 pounds per square inch in 48 hours when compacted to 95 percent in accordance with ASTM D 558 and when cured in accordance with ASTM D 1632,and tested in accordance with ASTM D 1633. Mix for general use shall contain a minimum of 1-1/2 sacks of cement per cubic yard. Compact mix with a moisture content on the dry side of optimum. 2.0 PRODUCTS 2.01 MATERIALS A Cement shall be Type 1 Portland cement conforming to ASTM C 150. B Sand shall be clean, durable, and meet grading requirements for fine aggregates of ASTM C 33 and the following requirements: 1. Classified as SW,SP or SM by the United Soil Classification System of ASTM D 2487. 2. Deleterious material content: a. Clay lumps shall comprise less than 0.5 percent by ASTM C 142. b. Lightweight pieces shall comprise less than 5.0 percent by ASTM C 123. c. Organic impurities shall produce color no darker than the standard color by ASTM C 40 ASTM. 3. Plasticity index of 4 or less when tested in accordance with ASTM D 4318. C Fine aggregate,manufactured from crushed concrete meeting the quality requirements for crushed rock material in Section 02255 - Bedding, Backfill, and Embankment Materials, may be used as a complete or partial substitute for Bank Sand. The blending ratio of fine aggregate from crushed concrete and Bank Sand shall be defined in the mix design report. 07/2007 02252-2 of 5 CITY OF PEARLAND CEMENT STABILIZED SAND D Water shall be potable,free of oils,acids,alkalies,organic matter,or other deleterious substances,meeting requirements of ASTM C 94. 2.02 MIXING MATERIALS A Thoroughly mix sand,cement and water in proportions of the mix design using a pugmill-type mixer. The plant shall be equipped with automatic weight controls to ensure correct mix proportions. B Stamp batch ticket at plant with time of loading directly after mixing. Material not placed and compacted within 4 hours after mixing shall be rejected. 3.0 EXECUTION 3.01 PLACEMENT AND COMPACTION A Place sand-cement mixture in 8-inch-thick loose lifts and compact to 95 percent of ASTM D 558, unless otherwise specified on Plans. The moisture content during compaction shall be on the dry side of optimum but sufficient for hydration. Perform and complete compaction of sand-cement mixture within 4 hours after addition of water to mix at the plant. B Do not place or compact sand-cement mixture in standing or free water. 3.02 FIELD QUALITY CONTROL A Testing will be performed under provisions of Section 01450 - Testing Laboratory Services. - B Mixing plant inspections will be performed periodically. Material samples will be obtained and tested in accordance with this Section, 2.01 "Materials", if there is evidence of change in material characteristic. C One sample of cement stabilized sand shall be obtained for each 150 tons of material placed per day with no less than one sample per day of production.Random samples of delivered cement stabilized sand shall be taken in the field at point of delivery in accordance with ASTM 3665.Obtain three individual samples of approximately 12 to 15 lb each from the first,middle,and last third of the truck and composite them into one sample for test purpose. D Prepare and mold four specimens (for each sample obtained) in accordance with ASTM D558,Method A,without adjusting moisture content.Samples will be molded at approximately same time material is being used,but no later than 4 hours after water is added to mix. E After molding, specimens will be removed from molds and cured in accordance with ASTM D 1632. 07/2007 02252-3 of 5 CITY OF PEARLAND CEMENT STABILIZED SAND F Specimens will be tested for compressive strength in accordance with ASTM D 1633, Method A. Two specimens will be tested at 48 hours plus or minus 2 hours and two specimens will be tested at 7 days plus or minus 4 hours. G A strength test will be average of strengths of two specimens molded from same sample of material and tested at same age. Average daily strength will be average of strengths of all specimens molded during one day's production and tested at same age. H Precision and Bias: Test results shall meet recommended guideline for precision in ASTM D 1633 Section 9. I Reporting: Test reports shall contain, as a minimum, the following information: 1. Supplier and plant number 2. Time material was batched 3. Time material was sampled 4. Test age (exact hours) 5. Average 48-hour strength 6. Average 7-day strength 7. Specification section number 8. Indication of compliance/non-compliance 9. Mixture identification 10. Truck and ticket numbers 11. The time of molding 12. Moisture content at time of molding 13. Required strength 14. Test method designations 15. Compressive strength data as required by ASTM D 1633 16. Supplier mixture identification 17. Specimen diameter and height,in. 18. Specimen cross-sectional area, sq. in. J The cement content will be checked on samples obtained in the field whenever there are apparent changes in the mix properties. 3.03 ACCEPTANCE A Strength level of material will be considered satisfactory if: 1. The average 48-hour strength is greater than 100 psi with no individual strength test below 70 psi. 2. All 7-day individual strength tests(average of two specimens)are greater than or equal to 100 psi. B Material will be considered deficient when 7-day individual strength test(average of two specimens) is less than 100 psi but greater than 70 psi. See Paragraph 3.04 Adjustment for Deficient Strength. C The material will be considered unacceptable and subject to removal and replacement `) at Contractors expense when individual strength test(average of two specimens)has 7- day strength less than 70 psi 07/2007 02252-4 of 5 CITY OF PEARLAND CEMENT STABILIZED SAND D When moving average of three daily 48-hour averages falls below 100 psi,discontinue shipment to project until plant is capable of producing material,which exceeds 100 psi at 48 hours. Five 48-hour strength tests shall be made in this determination with no individual strength tests less than 100 psi. E Testing laboratory shall notify Contractor,Project Manager,and material supplier by facsimile of tests indicating results falling below specified strength requirements within 24 hours. F If any strength test of laboratory cured specimens falls below the specified strength, Contractor may, at his own expense, request test of cores drilled from the area in question in accordance with ASTM C42.In such cases,three(3)cores shall be taken for each strength test that falls below the values given in 3.03.A. G Cement stabilized sand in an area represented by core tests shall be considered satisfactory if the average of three(3)cores is equal to at least 100 psi and if no single core is less that 70 psi.Additional testing of cores extracted from locations represented by erratic core strength results will be permitted. 3.04 ADJUSTMENT FOR DEFICIENT STRENGTH A When mixture produces 7-day compressive strength greater than or equal to 100 psi, "N, then material will be considered satisfactory and bid price will be paid in full. C B When mixture produces 7-day compressive strength less than 100 psi and greater than or equal to 70 psi,material shall be accepted contingent on credit in payment Compute credit by the following formula: Credit per Cubic Yard=$30.00 x 2 (100 psi-Actual psi) 100 C When mixture produces 7-day compressive strength less than 70 pounds per square inch, then remove and replace cement-sand mixture and paving and other necessary work at no cost to City. END OF SECTION 07/2007 02252-5 of 5 CITY OF PEARLAND EXCAVATION AND BACKFILL FOR UTILITIES Section 02318 EXCAVATION AND BACKFILL FOR UTILITIES 1.0 GENERAL 1.01 SECTION INCLUDES A Excavation, trenching, foundation, embedment, and backfill for installation ofutilities, including manholes and other pipeline structures. B References to Technical Specifications: 1. Section 01200—Measurement and Payment Procedures 2. Section 01350—Submittals 3. Section 01570—Trench Safety System 4. Section 01564-Control of Ground Water and Surface Water 5. Section 01760—Project Record Documents 6. Section 01450—Testing Laboratory Services 7. Section 01500-Temporary Facilities and Controls 8. Section 02255—Bedding,Backfill, and Embankment Materials 9. Section 02370—Geotextile 10. Section 02220—Site Demolition 11. Section 01140=Contractor's Use of Premises C Referenced Standards: 1. American Society for Testing and Materials (ASTM) a. ASTM D 2321, "Standard Practice for Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity-Flow Applications" b. ASTM D 698, "Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Standard Effort" c. ASTM D 558, "Standard Test Methods for Moisture-Density (Unit Weight)Relations of Soil-Cement Mixtures" d. ASTM D 4318, "Standard Test Methods for Liquid Limit, Plastic Limit, and Plasticity Index of Soils" e. ASTM D 1556,"Standard Test Method for Density and Unit Weight of Soil in Place by the Sand-Cone Method" f. ASTM D 2922, "Standard Test Method for Density of Soil and Soil- Aggregate in Place by Nuclear Methods (Shallow Depth)" g. ASTM D 3017,"Standard Test Method for Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth)" 2. Texas Department of Transportation(TxDOT) a. Tex-101-E,Preparing Soil and Flexible Base Materials for Testing b. Tex-110-E,Particle Size Analysis of Soils 0 .,, D Definitions: 1. Excavation - Any man-made cut, cavity, trench, or depression in an earth surface,formed by removal of material. 07/2006 02318- 1 of 13 CITY OF PEARLAND EXCAVATION AND BACKFILL FOR UTILITIES a. Extra Hand Excavation- excavation by manual labor at locations designated by the Engineer, which is not included in other Bid Items. b. Extra Machine Excavation- excavation by machine at locations designated by the Engineer, which is not included in other Bid Items. c. Special Excavation-excavation necessitated by obstruction of pipes, ducts, or other structures, not shown on Plans, which interfere with installation of utility piping by normal methods of excavation or augering. Contractor shall be responsible for locating. such underground obstructions,sufficiently in advance of trench excavation or augering, to preclude damage to the obstructions. 2. Pipe Foundation-suitable and stable native soils that are exposed at the trench subgrade after excavation to depth of bottom of the bedding as shown on the Plans, or foundation backfill material placed and compacted in over- excavations. 3. Pipe Bedding-the portion of trench backfill that extends vertically from top of foundation up to a level line at bottom of pipe, and horizontally from one trench sidewall to opposite sidewall. 4. Haunching-the material placed on either side of pipe from top of bedding up to spring-line of pipe and horizontally from one trench sidewall to opposite sidewall. 5. Initial Backfill - the portion of trench backfill that extends vertically from spring-line of pipe(top of haunching)up to a level line 12 inches above top of n pipe, and horizontally from one trench sidewall to opposite sidewall. 6. Pipe Embedment - the portion of trench backfill that consists of bedding, haunching, and initial backfill. 7. Trench Zone-the portion of trench backfill that extends vertically from top of pipe embedment up to pavement subgrade or up to final grade when not beneath pavement. 8. Trench Conditions - description of the stability of trench bottom and trench walls of pipe embedment zone. Maintain trench conditions that provide for effective placement and compaction of embedment material directly on or against undisturbed soils or foundation backfill,except where structural trench support is necessary. a. Dry Stable Trench: Stable and substantially dry trench conditions exist in pipe embedment zone as a result of typically dry soils or achieved by ground water control (dewatering or depressurization) for trenches extending below ground water level. b. Stable Trench with Seepage: Stable trench in which ground water seepage is controlled by excavation drainage. 1) Stable Trench with Seepage in Clayey Soils: Excavation drainage is provided in lieu of or to supplement ground water control systems to control seepage and provide stable trench subgrade in predominately clayey soils prior to bedding placement. 07/2006 02318-2 of 13 CITY OF PEARLAND EXCAVATION AND BACKFILL Co. FOR UTILITIES 2) Stable Wet Trench in Sandy Soils: Excavation drainage is provided in the embedment zone in combination with ground water control in predominately sandy or silty soils. - c. Unstable Trench: Unstable trench conditions exist in the pipe embedment zone if ground water inflow or high water content causes soil disturbances,such as sloughing,sliding,boiling,heaving or loss of density. 9. Sub-trench - a special case of benched excavation. Sub-trench excavation below trench shields or shoring installations may be used to allow placement and compaction of foundation or embedment materials directly against undisturbed soils. Depth of a sub-trench depends upon trench stability and safety as determined by the Contractor. 10. Trench Dam - a placement of low permeability material in pipe embedment zone or foundation to prohibit ground water flow along the trench. 11. Over-Excavation and Backfill - excavation of subgrade soils with unsatisfactory bearing capacity or composed of otherwise unsuitable materials below top of foundation as shown on Plans, and backfilled with foundation backfill material. 12. Foundation Backfill Materials - natural soil or manufactured aggregate of controlled gradation, and geo-textile filter fabrics as required, to control drainage and material separation. Foundation backfill material is placed and compacted as backfill to provide stable support for bedding. Foundation. backfill materials may include concrete seal slabs. 13. Trench Shield(Trench Box)-a portable worker safety structure moved along the trench as work proceeds, used as a Protective System and designed to withstand forces imposed on it by cave-in,,thereby protecting persons within the trench. Trench shields may be stacked if so designed or placed in a series depending on depth and length of excavation to be protected. 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for trench excavation, embedment, and backfill under. this Section. Include cost in Bid Items for installed underground piping,sewer, conduit, or duct work. B If Special Excavation is allowed, based on the Engineer's direction, and indicated in Section 00300—Bid Proposal as an Extra Item,measurement will be on a cubic yard basis, measured in place, without deduction for space occupied by portions of pipes, ducts, or other structures left in place across trenches excavated under this item. 1. . Payment for Special Excavation shall include: a. Dewatering and surface water control. b. Protection of pipes, ducts, or other structures encountered including bracing, shoring, and sheeting necessary for support. c. Replacement of pipes, ducts, or structures damaged by special excavation operations, except where payment for replacement is authorized by Engineer due to deteriorated condition of pipes,ducts,or structure. . 07/2006 - 02318-3 of 13 CITY OF PEARLAND EXCAVATION AND BACKFILL FOR UTILITIES d. Temporary disconnecting,plugging, and reconnecting of low volume water pipes,to allow machine excavation or augering,when approved by Engineer. Pipe for replacement shall be new and conform to specification requirements for type of existing pipe removed. e. Placement of material from Special Excavation. f. Geo-textile material and concrete trench dams required to complete the placement of material from Special Excavation. g. Re-sodding required for surface restoration within designated limits of Special Excavation. h. Disposal of excess excavated material not suitable for bedding or backfill, or not required for the Work. 2. The items listed below will not be included in payment for Special Excavation. Include cost in Bid Items for which the Work is a component: a. Trench safety system including sheeting and shoring. b. Utility piping installed in trenches excavated under this item. c. Removal and replacement of associated streets, driveways, and sidewalks. C If Extra Hand Excavation is allowed,based on the Engineer's direction, and indicated in Section 00300—Bid Proposal as an Extra Item,measurement will be on a cubic yard basis, measured in place. 1. Payment for Extra Hand Excavation shall include: a. Dewatering and surface water control. b. Disposal of excess excavated material not suitable for bedding or backfill, or not required for the Work. c. Placement of material from Extra Hand Excavation. d. Re-sodding required for surface restoration within designated limits of Extra Hand Excavation. 2. The items listed below will not be included in payment for Special Excavation. Include cost in Bid Items for which the Work is a component.: a. Trench safety system including sheeting and shoring. b. Removal and replacement of associated streets, driveways, and sidewalks. D If Extra Machine Excavation is allowed,based on the Engineer's direction,and indicated in Section 00300—Bid Proposal as an Extra Item,measurement will be on a cubic yard basis, measured in place. 1. Payment for Extra Machine Excavation shall include: a. Dewatering and surface water control. b. Disposal of excess excavated material not suitable for bedding or backfill, or not required for the Work. c. Placement of material from extra machine excavation. d. Re-sodding required for surface restoration within designated limits of Extra Machine Excavation. 2. . The items listed below will not be included in payment for Special Excavation. '} Include cost in Bid Items for which the Work is a component: a. Trench safety system including sheeting and shoring. 07/2006 02318-4 of 13 CITY OF PEARLAND EXCAVATION AND BACKFILL FOR UTILITIES b. Removal and replacement of associated streets, driveways, and sidewalks. E Refer to Section 01200-Measurement and Payment Procedures. No payment will be made for delays in completion of Work resulting from Extra Item Work. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 — Submittals. B Submit a written description for information only of the planned typical method of excavation,backfill placement and compaction,including: 1.. Sequence of work and coordination of activities. 2. Selected trench widths. 3. Procedures for foundation and embedment placement, and compaction. 4. Procedure for use of trench boxes and other pre-manufactured systems while assuring specified compaction against undisturbed soil. 5. Procedure for installation of Special Shoring at locations identified on the Plans. C Submit product quality,material sources,and field quality information in accordance with this Section. D Submit field red lines documenting location of Utilities as installed,referenced to survey Control Points,under the provisions of Section 01760—Project Record Documents, 1.04C. Include location of utilities and structures encountered or rerouted. Give horizontal dimensions, elevations,inverts and gradients. 1.04 TESTING A Testing and analysis of product quality,material sources,or field quality shall be performed by an independent testing laboratory provided by the Owner under the provisions of Section 01450—Testing Laboratory Services and as specified in this Section. 1.05 PROTECTION OF PEOPLE AND PROPERTY A Contractor shall conduct all construction operations under this Contract in conformance with the practices described in Section 01500—Temporary Facilities and Controls. 1.06 SPECIAL SHORING DESIGN REQUIREMENTS A Special Shoring shall be, in accordance with Section 01570 — Trench Safety System, designed by a Professional Engineer, licensed by the State of Texas, At Contractor's expense. (1111 ' B. Special Shoring shall be designed to provide support for the sides of the excavations, including soils and hydrostatic ground water pressures as applicable,and to prevent ground 07/2006 02318-5 of 13 CITY OF PEARLAND EXCAVATION AND BACKFILL FOR UTILITIES movements affecting adjacent installations or improvements such as structures,pavements and utilities. C Special Shoring may be a pre-manufactured system or a field fabricated system that meets the requirements of the Work. 2.0 PRODUCTS 2.01 MATERIALS A Contractor shall provide materials used as embedment, backfill, back-dressing, and embankment identified on the Plans in accordance with Section 02255—Bedding,Backfill and Embankment Material. B Manufactured materials, such as crushed concrete, may be substituted for natural soil or rock products where indicated in the product specification,and approved by the Engineer, provided that the physical property criteria are determined to be satisfactory by testing. C Geotextile(Filter Fabric): Conform to requirements of Section 02370—Geotextile. D Concrete for Trench Dams: Concrete backfill or 3 sack premixed(bag) concrete. E Timber Shoring Left in Place: Untreated oak. 2.02 EQUIPMENT A Perform excavation with track mounted excavator or other equipment suitable for achieving the requirements of this Section. B Use only hand-operated tamping equipment until a minimum cover of 12 inches is obtained over pipes, conduits, and ducts. Do not use heavy compacting equipment until adequate cover is attained to prevent damage to pipes, conduits, or ducts. C Use trench shields or other Protective Systems or Shoring Systems which are designed and operated to achieve placement and compaction of backfill directly against undisturbed native soil. D Use Special Shoring systems where required which may consist of braced sheeting,braced soldier piles and lagging,slide rail systems,or other systems meeting the Special Shoring design requirements. 3.0 EXECUTION 3.01 PREPARATION A Employ a Trench Safety Program as specified in Section 01570—Trench Safety Systems. B Install and operate necessary dewatering and surface water control measures conform to Section 01564—Control of Ground Water and Surface Water. 07/2006 02318-6 of 13 CITY OF PEARLAND EXCAVATION AND BACKFILL FOR UTILITIES C Remove existing pavements and structures,including sidewalks and driveways,to conform with requirements of Section 02220—Site Demolition,as applicable. D Area shall be cleared and grubbed under the provisions of Section 02200—Site Preparation prior to excavation. E Strip and stockpile topsoil under the provisions of Section 02200—Site Preparation F Schedule work so that pipe embedment can be completed on the same day that acceptable foundation has been achieved for each section of pipe installation, manhole, or other structures. 3.02 EXCAVATION A Except as otherwise specified or shown on the Plans,install underground utilities in open cut trenches with vertical sides. B Perform excavation work so that pipe, conduit, and ducts can be installed to depths and alignments shown on the Plans. Avoid disturbing surrounding ground and existing facilities and improvements. C Determine trench excavation widths using the following schedule as related to pipe outside diameter (O.D.). Maximum trench width shall be the minimum trench width plus 24 inches. NOMINAL MINIMUM TRENCH PIPE SIZE,INCHES WIDTH,INCHES Less than 18 O.D. + 18 18 to 30 O.D. +24 Greater than 30 O.D. +36 D Use sufficient trench width or benches above the embedment zone for installation of well point headers or manifolds and pumps where depth of trench makes it uneconomical or impractical to pump from the surface elevation. Provide sufficient space between shoring cross braces to permit equipment operations and handling of forms,pipe,embedment and backfill, and other materials. E Upon discovery of unknown utilities,badly deteriorated utilities not designated for removal, or concealed conditions,discontinue work at that location. Notify the Engineer and obtain instructions before proceeding. F Shoring of Trench Walls. 1. Install Special Shoring in advance of trench excavation or simultaneously with the trench excavation, so that the soils within the full height of the trench excavation walls will remain fully laterally supported at all times. 07/2006 02318-7 of 13 CITY OF PEARLAND EXCAVATION AND BACKFILL FOR UTILITIES 2. For all types of shoring, support trench walls in the pipe embedment zone throughout the installation. Provide trench wall supports sufficiently tight to prevent washing the trench wall soil out from behind the trench wall support. 3. Unless otherwise directed by the Engineer,leave sheeting driven into or below the pipe embedment zone in place to preclude loss of support of foundation and embedment materials. Leave rangers,walers,and braces in place as long as required to support sheeting,which has been cut off, and the trench wall in the vicinity of the pipe zone. 4. Employ special methods for maintaining the integrity of embedment or foundation material. Before moving supports,place and compact embedment to sufficient depths to provide protection of pipe and stability of trench walls. As supports are moved,finish placing and compacting embedment. 5. If sheeting or other shoring is used below top of the pipe embedment zone,do not disturb pipe foundation and embedment materials by subsequent removal. Maximum thickness of removable sheeting extending into the embedment zone 1 inch. Fill voids left on removal of supports with compacted backfill material. G Use of Trench Shields. When a trench shield(trench box)is used as a worker safety device, the following requirements.apply: 1. Make trench excavations of sufficient width to allow shield to be lifted or pulled freely,without damage to the trench sidewalls. 2. Move trench shields so that pipe, and backfill materials, after placement and compaction, are not damaged nor disturbed, nor the degree of compaction reduced. 3. When required, place, spread, and compact pipe foundation and bedding materials beneath the shield. For backfill above bedding,move the shield as backfill is placed and ramped in. Place and compact backfill materials against undisturbed trench walls and foundation. 4. Maintain trench shield in position to allow sampling and testing to be performed in a safe manner. 3.03 TRENCH FOUNDATION A Excavate bottom of trench to uniform grade to achieve stable trench conditions and satisfactory compaction of foundation or bedding materials. B Place trench dams in Class I foundations in line segments longer than 100 feet between manholes,and not less than one in every 500 feet of pipe placed. Install additional dams as needed to achieve workable construction conditions. Do not place trench dams closer than 5 feet from manholes. 3.04 PIPE EMBEDMENT PLACEMENT AND COMPACTION A Immediately prior to placement of embedment materials, the bottoms and sidewalls of trenches shall be free of loose, sloughing, caving, or otherwise unsuitable soil. 07/2006 02318-'8 of 13 CITY OF PEARLAND EXCAVATION.AND BACKFILL (1.16\ FOR UTILITIES B Place Geotextile, if specified, to prevent particle migration from the in-situ into open- graded(Class I)embedment materials or drainage layers. C Place embedment including bedding,haunching and initial backfill to meet requirements indicated on Plans. PVC &HDPE require cement stabilized sand bedding and backfill to one foot below subgrade or below grade if under pavement,or one foot above top of pipe if not under pavement. D For pipe installation, manually spread embedment materials around the pipe to provide uniform bearing and side support when compacted. Do not allow materials to free-fall from heights greater than 24 inches above top of pipe. Perform placement and compaction directly against the undisturbed soils in the trench sidewalls,or against sheeting which is to remain in place. E Do not place trench shields or shoring within height of the embedment zone unless means to maintain the density of compacted embedment material are used. If moveable supports are used in embedment zone, lift the supports incrementally to allow placement and compaction of the material against undisturbed soil. F Do not damage coatings or wrappings of pipes during backfilling and compacting operations. When embedding coated or wrapped pipes,do not use crushed stone or other (11"*\ sharp, angular aggregates. ' Place haunchingmaterial manually around the pipe and compact it to provide uniform Y PP P bearing and side support. If necessary, hold small-diameter or lightweight pipe in place during compaction of haunch areas and placement beside the pipe with sand bags or other suitable means. H Place electrical conduit directly on foundation without bedding. Shovel pipe embedment material in place and compact it using pneumatic tampers in restricted spaces, and vibratory-plate compactors or engine-powered jumping jacks in unrestricted spaces. Compact each lift before proceeding with placement of the next lift. 1. Class I embedment materials. a. Maximum 6-inches compacted lift thickness. b. Systematic compaction by at least two passes of vibrating equipment. Increase compaction effort as necessary to effectively embed the pipe to meet the deflection test criteria. c. Moisture content as determined by Contractor for effective compaction without softening the soil of trench bottom,foundation or trench walls. 2. Class II embedment and cement stabilized sand. a. Maximum 6-inches compacted thickness. b. Compaction by methods determined by Contractor to achieve a minimum of 95 percent of the maximum dry density as determined according to ASTM D 698 for Class II materials and according to ASTM D 558 for cement stabilized materials. 07/2006 02318-9 of 13 CITY OF PEARLAND EXCAVATIO N AND BACKFILL FOR UTILITIES c. Moisture content of Class II materials within 3 percent of optimum as determined according to ASTM D 698. Moisture content of cement stabilized sands on the dry side of optimum as determined according to ASTM D 558 but sufficient for effective hydration. J Place trench dams in Class I embedments in line segments longer than 100 feet between manholes,and not less than one in every 500 feet of pipe placed. Install additional dams as needed to achieve workable construction conditions. Do not place trench dams closer than 5 feet from manholes. 3.05 - TRENCH ZONE BACKFILL PLACEMENT AND COMPACTION A Place backfill for pipe or conduits and restore surface as soon as practicable. Leave only the minimum length of trench open as necessary for construction. B Where damage to completed pipe installation work is likely to result from withdrawal of sheeting,leave the sheeting in place. Cut off sheeting 1.5 feet or more above the crown of the pipe. Remove trench supports within 5 feet from the ground surface. C For sewer pipes, use backfill materials described here as determined by trench limits. As trench zone backfill in paved areas for streets and to one foot back of curbs and pavements, use cement stabilized sand for pipe of nominal sizes less than 36 inches,or Bank Sand for pipe of nominal sizes 36 inches and larger as indicated on the Drawings. Uniformly backfill trenches unless specified otherwise according to the paved area criteria. Use select backfill within one foot below pavement subgrade for rigid pavement. For asphalt concrete, use flexible base material within one foot below pavement subgrade. D For water lines,backfill in trench zone,including auger pits,with Bank Sand,Select Fill,or Random Fill material as specified in this Section. E For trench excavations under pavement,place trench zone backfill in lifts and compact by methods indicated below. Fully compact each lift before placement of the next lift. 1. Bank Sand. a. Maximum 9-inches compacted lift thickness. b. Compaction by vibratory equipment to a minimum of 95 percent of the maximum dry density determined according to ASTM D 698. c. Moisture content within 3 percent of optimum determined according to ASTM D 698 2. Cement Stabilized Sand. a. Maximum lift thickness determined by Contractor to achieve uniform placement and required compaction,but not.exceeding 24 inches. b. Compaction by vibratory equipment to a minimum of 95 percent of the maximum dry density determined according to ASTM D 558. c. Moisture content on the dry side of optimum determined according to ASTM D 558 but sufficient for cement hydration. 3. Select Fill. a. Maximum 6-inches compacted thickness. 07/2006 02318-10 of 13 CITY OF PEARLAND EXCAVATION AND BACKFILL (1" \. - FOR UTILITIES, b. Compaction by equipment providing tamping or kneading impact to a minimum of 95 percent of the maximum dry density determined according to ASTM D 698. c. Moisture content within 2 percent of optimum determined according to ASTM D 698. F For trench excavations outside pavements,a Random Fill of suitable material may be used in the trench zone. 1. Fat clays (CH)maybe used as trench zone backfill outside paved areas at the Contractor's option. If the required density is not achieved,the Contractor,at his option andat no additional cost to the Owner,may use lime stabilization to achieve compaction requirements or use a different suitable material. 2. Maximum 9-inch compacted lift thickness for clayey soils and maximum 12- inch lift thickness for granular soils. 3. Compact to a minimum of 90 percent of the maximum dry density determined according to ASTM D 698, or to same density as adjacent soils. 4. Moisture content as necessary to achieve density. 3.06 MANHOLES,JUNCTION BOXES AND OTHER PIPELINE STRUCTURES . A Meet the requirements of adjoining utility installations for backfill of pipeline structures,as (.6\ shown on the Plans. - 3.07 FIELD QUALITY CONTROL A Quality Control 1. The Engineer may sample and test backfill at: a. Sources including borrow pits,.production plants and Contractor's designated off-site stockpiles. - b. On-site stockpiles. c. Materials placed in the Work. 2._ The Engineer may resample material at any stage of work or location if changes in characteristics are apparent. - - B Production Verification Testing: The Owner's testing laboratory will provide verification testing on backfill materials, as directed by the Engineer. Samples may be taken at the source or at the production plant, as applicable. C Provide excavation and Trench Safety Systems at locations and to depths required for testing and retesting during construction. D Tests will be performed on a minimum of three different samples of each material type for plasticity characteristics, in accordance with ASTM D 4318, and for gradation characteristics, in accordance with Tex-101-E and Tex-110-E. Additional classification tests will be performed whenever there is a noticeable change in material gradation or plasticity. 07/2006 . 02318-11 of 13 CITY OF PEARLAND EXCAVATION AND BACKFILL FOR UTILITIES E At least three tests for moisture-density relationships will be performed initially for backfill materials in accordance with ASTM D 698,and for cement stabilized sand in accordance with ASTM D 558. Additional moisture-density relationship tests will be performed whenever there is a noticeable change in material gradation or plasticity. F In-place density tests of compacted pipe foundation,embedment and trench zone backfill soil materials will be performed according to ASTM D 1556,or ASTM D 2922 and ASTM D 3017, and at the following frequencies and conditions. 1. A minimum of one test for every 20 cubic yards of compacted embedment and for every 50 cubic yards of compacted trench zone backfill material. 2. A minimum of three density tests for each full shift of Work when backfill is placed. 3. Density tests will be distributed among the placement areas. Placement areas are: foundation,bedding,haunching,initial backfill and trench zone. 4. The number of tests will be increased if inspection determines that soil type or moisture content are not uniform or if compacting effort is variable and not considered sufficient to attain uniform density, as specified. 5. Density tests may be performed at various depths below the fill surface by pit excavation. Material in previously placed lifts may therefore be subject to acceptance/rejection. 6. Two verification tests will be performed adjacent to in-place tests showing density less than the acceptance criteria. Placement will be rejected unless both verification tests show acceptable results. 7. Re-compacted placement will be retested at the same frequency as the first test series,including verification tests. G Recondition,re-compact,and retest at Contractor's expense if tests indicate Work does not meet specified compaction requirements. For Cement Stabilized Sand with nonconforming density, core and test for compressive strength at Contractor's expense. H Acceptability of crushed rock compaction will be determined by inspection. 3.08 CLEAN-UP.AND RESTORATION A Perform clean-up and restoration in and around construction zone in accordance with Section 01140—Contractor's Use of Premises. 3.09 PROTECTION OF THE WORK . A Maintain excavation and embankment areas until start of subsequent work. Repair and re- compact slides,washouts,settlements,or areas with loss of density at no cost to the Owner B Prevent erosion at all times. Do not allow water to pond in excavations. C Distribute construction traffic evenly over compacted areas, where practical, to aid in obtaining uniform compaction. Protect exposed areas having high moisture content from wheel loads that cause rutting. 07/2006 02318-12 of 13 • CITY OF PEARLAND EXCAVATION AND BACKFILL FOR UTILITIES END OF SECTION (1.1 07/2006 02318-13 of 13 CITY OF PEARLAND HYDROMULCH SEEDING \ Section 02921 HYDROMULCH SEEDING 1.0 GENERAL 1.01 SECTION INCLUDES A Seeding, fertilizing, mulching, and maintaining areas of commercial, industrial, or undeveloped land disturbed during construction and not paved or designated to be paved, or as indicated on Plans. B References to Technical Specifications: 1. Section 01200—Measurement and Payment Procedures 2. Section 01350—Submittals 3. Section 01500—Temporary Facilities and Controls 4. Section 02910—Topsoil 5. Section 02255—Bedding,Backfill, and Embankment Materials 6. Section 01140-Contractor's Use of Premises 1.02 MEASUREMEN AND PAYMENT A Measurement for hydromulch seeding is on a per acre basis,measured and complete in place. B Payment for hydromulch seeding shall include all labor, materials, equipment, and preparation necessary for application and maintenance. C No payment shall be made for hydromulch seeding used in restoration of areas disturbed by Contractor outside the limits of construction. D Refer to Section 01200—Measurement and Payment Procedures. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350— Submittals. B Submit certification from supplier that each type of seed conforms to these specification requirements and the requirements of the Texas Seed Law. Certification shall accompany seed delivery. C Submit a certificate stating that fertilizer complies with these specification requirements and the requirements of the Texas Fertilizer Law. 1.04 PROTECTION OF PEOPLE AND PROPERTY (gibs\ A Contractor shall conduct all construction operations under this Contract in conformance with the practices described in Section 01500—Temporary Facilities and Controls. 07/2006 02921-1 of 4 CITY OF PEARLAND HYDROMULCH SEEDING 2.0 PRODUCTS 2.01 MATERIALS A Topsoil: Conform to material requirements of Section 02910—Topsoil. B Bank Sand: Conform to material requirements of Section 02255—Bedding,Backfill, and Embankment Materials. C Seed: Conform to U.S.Department of Agriculture rules and regulations of the Federal Seed Act and the Texas Seed Law. Seed shall be certified 90 percent pure and furnish 80 percent germination and meet the following requirements: 1. Rye: Fresh, clean, Italian rye grass seed (lollium multi-florum), mixed in labeled Proportions. As tested, minimum percentages of impurities and germination must be labeled. Deliver in original unopened containers. 2. Bermuda: Extra-fancy, treated, lawn type common bermuda (Cynodon dactylon). Deliver in original,unopened container showing weight, analysis, name of vender, and germination test results. 3. Wet,moldy, or otherwise damaged seed will not be accepted. D Fertilizer:Dry and free flowing,inorganic;water soluble commercial fertilizer,which is uniform in composition. Deliver in unopened containers which bear the manufacturers guaranteed analysis. Caked,damaged,or otherwise unsuitable fertilizer will not be accepted. Fertilizer shall contain minimum percentages of the following elements: Nitrogen: 10 Percent Phosphoric Acid: 20 Percent Potash: 10 Percent E Mulch:Virgin wood cellulose fibers from whole wood chips having a minimum of 20 percent fibers 0.42 inches(10.7 mm)in length and 0.01 inches(0.27 mm)in diameter. Mulch shall be dyed green for coverage verification purposes. F Soil Stabilizer: "Terra Tack" 1 or approved equal. G Weed control agent: Pre-emergent herbicide for grass areas, "Benefin" or approved equal. 3.0 EXECUTION 3.01 PREPARATION A Do not start or perform work under conditions that are not satisfactory to perform tasks due to inclement or impending inclement weather. B After the areas to receive hydromulch seeding have been brought to grade,rake out any foreign organic or inorganic material, including stones, hard clay lumps, and other debris. 07/2006 02921 -2 of 4 CITY OF PEARLAND HYDROMULCH SEEDING (181'\ C Level with Bank Sand or Topsoil, as approved by the Engineer. D Loosen the subgrade by discing or by scarifying to a depth of at least 4 inches. E Place and compact a layer of topsoil in accordance with.requirements of Section 02910 —Topsoil. F Surface of topsoil shall be smooth and free of weeds,rocks,and other foreign material immediately before applying hydromulch seeding. 3.02 APPLICATION A Seed: Apply uniformly at the following rates for type of seed and planting date: APPLICATION PLANTING TYPE RATE DATE POUNDS/A Hulled Common Bermuda Grass 98/88 40 Jan 1 to Mar 31 Unhulled Common Bermuda Grass 98/88 40 Hulled Common Bermuda Grass 98/88 40 Apr 1 to Sep 30 Hulled Common Bermuda Grass 98/88 40 Unhulled Common Bermuda Grass 98/88 40 Oct 1 to Dec 31 Annual Rye Grass(Gulf) 30 B Fertilizer:Apply uniformly at a rate of 500 pounds per acre. C Mulch: Apply uniformly at a rate of 50 pounds per 1000 square feet. D Soil stabilizer: Apply uniformly at a rate of 40 pounds per acre. E Weed control agent: Apply at manufacturer's recommended rate prior to Hydromulching. F Suspend all operations under conditions of drought,excessive moisture,high winds,or extreme or prolonged cold. Obtain the Engineer's approval before resuming operations. 3.03 MAINTENANCE A Maintain grassed areas by watering,fertilizing,weeding,and trimming as required to establish and sustain 70% acceptable vegetative cover. B For areas seeded in the fall, continue maintenance the following spring until an acceptable lawn is established. 3.04 CLEAN-UP AND RESTORATION Cab\' A Perform clean-up and restoration in and around construction zone in accordance with Section 01140—Contractor's Use of Premises. 07/2006 02921 -3 of 4 CITY OF PEARLAND HYDROMULCH SEEDING 3.05 PROTECTION OF THE WORK A Protect and maintain grassed areas a minimum of 90 days, or as required to establish an acceptable lawn. B Once a lawn is established,protect and maintain it until completion of the Work. C Replace seeded areas damaged by Contractor's operations at no cost to Owner. END OF SECTION 07/2006 02921-4 of 4 CITY OF PEARLAND TECHNICAL SPECIFICATIONS DIVISION 3 (17 TECHNICAL SPECIFICATIONS DIVISION 3 CONCRETE (7. 04/2008 CITY OF PEARLAND PRESSURE GROUTING Section 03554 PRESSURE GROUTING 1.00 GENERAL 1.01 SECTION INCLUDES A. Furnishing and placing of grout in the existing 16"AC water line to be.abandoned. 1.02 MEASUREMENT AND PAYMENT A. Unit Prices: No separate payment will be made for work performed under this Section. Include the cost of such work in contract unit prices for which it is a component part. 1.03 REFERENCES ASTM C 109 Standard Test Method for Compressive Strength of Hydraulic Cement Mortars (Using 2-inch or 50-mm Cube Specimens) ASTM C 138 Test Method for Unit Weight, Yield,and Air Content (Gravimetric) of Concrete ASTM C•144 Standard Specification for Masonry Mortar ' ASTM C 150 Standard Specification for Portland Cement ASTM C 403 Test Method for Time of Setting of Concrete Mixtures by Penetration Resistance ASTM C 495 Test.Method for Compressive Strength of Lightweight Insulating Concrete ASTM C 618 Standard Specification for Fly Ash and Raw or Calcined Natural Pozzolan for use as a Mineral Admixture in Portland Cement Concrete CRD C 621 Specification for Non-shrink Grout 1.04 SUBMITTALS A. At least 10 days prior to grouting, submit information on equipment,grout mixes and procedures in accordance.with Section 01350 - Submittals. Shop drawings and product data shall include but not be limited to the following: 1. Detailed descriptions of equipment and operational procedures to accomplish the annular grouting operation, including mixing and pumping schedule; grouting pressures,rates of pumping, and methods for monitoring the effectiveness of the grouting. 2. Detailed descriptions of methods used to remove air and water shall be approved prior to grouting. 3. Detailed descriptions and drawings indicating proposed locations, of surface mixing equipment, subsurface injection points,flow lines,waste grout 03554- 1 of 4 CITY OF PEARLAND PRESSURE GROUTING recovery, grout pressure limiting equipment, bulkheads, and venting system. Show details of bulkhead design. 4. Grout mix design and trial mix tests, with set time, compressive strength and density test results. 5. Qualifications and experience of grout mix applicator. B. During pressure grouting operations,maintain and submit daily logs of grouting operations including pressure, grout volume pumped and such other data as may be required by the City Engineer. 1.05 PERFORMANCE REQUIREMENTS A. Design grout mix to be pumped through a 2-inch-diameter hose for a distance of 1000 feet,with a maximum allowable pressure at point of placement of 5 psi. The cast density shall be 55 pcf plus or minus 5 pcf. Minimum penetration resistance after 24 hours shall be 100 psi in accordance with ASTM C 403. The minimum compressive strength at 28 days shall be 200 psi in accordance with ASTM C 495. Grout mix shall have less than 1 percent shrinkage by volume. B. The application system shall have sufficient gages, monitoring devices and tests to determine the efficiency and effectiveness of the grouting work and provide a means of accurately determining the amount of grout injected. Contractor shall be prepared to modify the operation should grouting not perform as proposed. Such modifications and changes shall be done in a timely manner to avoid unnecessary delay in completion of the Project. C. No deleterious amounts of toxic or other poisonous substances shall be included in the grout mix nor otherwise injected underground. 2.00 PRODUCTS 2.01 MANUFACTURERS/APPLICATORS A. The applicator of the grout mix shall be certified by the grout mix manufacturer and approved by the City Engineer. The certified applicator shall be regularly engaged in the placement of grout, including completion of pipeline grouting installations having at least 1,000 cubic yards in the past 3 years. 2.02 MATERIALS A. Cement: Comply with ASTM C 150. Pozzolans and other cementitious materials are permitted. B. Fly Ash: Comply with ASTM C 618; either Type C or Type F shall be used. C. Sand, if provided, shall conform to ASTM C 144, except as modified below: U.S. Standard Percent Passing Sieve Size by Weight 03554-2 of 4 CITY OF PEARLAND PRESSURE GROUTING No: 16. 100 No. 3.0 60 85 No. 50 10 -:35 No. 100 5 -25 No. 200 0— 10 D. Water: Use potable water free from deleterious amounts of alkali,acid, and organic materials which would adversely affect the setting time or strength of the sliplining grout. E. Admixtures: Admixtures shall be selected by the grout manufacturer to meet performance requirements, improve pumpability, control set time and reduce segregation. 1. Use admixtures meeting ASTM C 494 and ASTM C 1017. 2. For cellular grout, do not use foam or admixtures that promote steel corrosion. 3. Ensure that admixtures used in mix are compatible. Provide written confirmation from admixture manufacturers of their compatibility. 3.00 EXECUTION 3.01 PREPARATION A. Notify City at least 24 hours in advance of grouting operations. ("Ls, B. Select and operate grouting equipment and carry out procedures with sufficient safety and care to avoid damage to existing underground utilities and structures. 3.02 EQUIPMENT A. Mixers and Pumps: System shall mix the grout to a homogeneous consistency. Deliver grout to the injection point at a steady pressure with a nonpulsating centrifugal or triplex pump at the mix tank. Provide ways to increase or decrease the water- cement ratio and accurately measure grout component quantities,pumping pressures, and volumes pumped. . B. Pressure Gauges: 1. Pressure gauges shall be equipped with diaphragm seals,have a working range between 1.5 to 2.0 times the design grout pressure, and have an accuracy within 0.5 percent of full range. 2. Provide one pressure gauge at the point of injection and one pressure gauge at the grout pump. 3. Grouting shall not proceed without appropriate gauges in place and in working order. 3.03 GROUTING . A. Place grout in the existing 16"pipe. Completely fill the annular space without deflecting the pipe. Test grout equipment and procedures in accordance with 03554-3 of CITY OF PEARLAND PRESSURE GROUTING approved submittals. Perform testing on the first pipeline segment to be grouted; testing must be performed under observation by the City. If the grout does not totally fill the pipeline, adjust the procedure or the mix, and rerun the test on the first pipeline segment. 1. Place grout for a given pipeline segment between bulkheads. Place bulkheads at the ends of each pipeline segment. Do not remove bulkheads until after grout has set. 2. Remove or control standing or running water in annular spaces to maintain the correct water ratio of the grout mixture. Grout the annular space by injecting grout from one end of the pipeline segment, allowing it to flow toward the other end. 3. Limit pressure on the annular space to prevent damage to the pipe; do not exceed 5 psi. Regardless of the pressure, Contractor shall be solely responsible for any damage or distortion to carrier pipe due to grouting. At the bulkhead opposite to the point of grouting,provide and monitor an open-ended high point tap or equivalent vent. 4. Pump grout until grout within 0.3 pounds per gallon of specified grout injection density discharges from the end opposite the injection point. This procedure is intended to ensure that the grout is not diluted by extraneous water. 5. The drilling of additional injection holes from the surface to facilitate grouting may be allowed if approved by the City. 3.04 DEWATERING SYSTEM OPERATION A. Operate dewatering systems until the grouting of carrier pipe is complete. 3.05 TESTING A. Density: During placement of grout,measure density in accordance with ASTM C 138 at least twice per hour. Adjust the mix as required to obtain the specified cast density. B. Sampling: 1. Take 4 test specimens for each 500 cubic yards of grout, or for each 4 hours of placing. 2. Test in accordance with ASTM C 495 except: a. Specimens shall be 3-inch by 6-inch cylinders covered after casting to prevent damage and loss of moisture. Moist-cure specimens for at least the first 7 days;perform at least one compressive strength test of each set of samples at 28 days. b. Do not over-dry specimens to be tested. Specimens may be tested at any age to monitor compressive strength. The material may require special handling and testing techniques. END OF SECTION 03554-4 of 4 CITY OF PEARLAND TECHNICAL SPECIFICATIONS DIVISION 13 TECHNICAL SPECIFICATIONS DIVISION 13 Cilk\ SPECIAL CONSTRUCTION (1:6' 01/2009 CITY OF PEARLAND GENERAL INFORMATION (4111. Section 13100 General Information 1.00 SUMMARY OF WORK 1.01 BACKGROUND The City of Pearland's, Dixie Farm Road=Phase 2 project will expand Dixie Farm Rd. from State Highway 35 to 1,500 ft. south of FM 518 into a concrete four lane median divided roadway. The project also includes widening of Mary's Creek Bypass and Cowart's Creek bridges south of FM 518,.improved signals at SH.35 and new signals at Oakbrook Blvd and Westfield Rd., drainage, sidewalks and landscaping. Drainage improvements will include new storm water lines adjacent to or crossing an abandoned 16-inch water line. Portions of the water line must be removed prior to the installation of new storm sewer pipes and inlets along the widened roadway. Corrigan Consulting, Inc. (Environmental Consultant) is working on behalf of Freese & Nichols, Inc. (Engineer) and the City of Pearland(Owner). The Owner is soliciting bids from asbestos management contractors(Contractors)for the removal of sections of asbestos cement pipe (ACP)from the abandoned 16-inch water line located adjacent to Dixie Farm Road. It is estimated that at least 15 sections, but no more than 20.sections, of the ACP waterline will be removed and properly disposed of in accordance with these (111"\. specifications. General information(dimensions) can be derived from plans provided. If additional sections of the ACP are removed,the Owner will instruct the Contractor and the Contractor will be paid by the unit prices submitted in the bid document. 1.02 DESCRIPTION A. Include all Work listed in this specification. Require that all phases of the Work be executed by Department of State Health Services (DSHS)-licensed/registered personnel. B. Contractor may subcontract any phase or portion of the Work. However, such subcontract shall not relieve Contractor from enforcing the use of all required safety equipment and supplies by the subcontractor and his employees. Contractor shall require and verify that materials and methods used by subcontractors are consistent. • with materials and methods established for safe asbestos removal procedures and consistent with Contract Documents. 13100-1 of 3 CITY OF PEARLAND GENERAL INFORMATION 1.03 SCHEDULE At the present time, it is anticipated that this work will be awarded and under contract by March 1, 2009 with the asbestos abatement work started and completed by end of April 2009. 1.04 WORK INCLUDED A. Project Meetings and Coordination B. Pre- and Post-Job Submittals including agency notifications C. Excavation and removal of abandoned asbestos cement pipe (ACP), and decontamination of regulated work area. D. Transportation and disposal of waste materials in accordance with applicable state and federal laws. E. Provide traffic control services (as part of overall work). F. Contractor shall be responsible for the communication of potential asbestos hazards to other employers at the project site in accordance with 29 CFR 1910.1200 and 29 CFR 1926.1101. 1.05 WORK NOT INCLUDED A. Replacement/reconstruction of pipe. B. Grout or plug remaining ACP. (Paid under separate Bid Item) C. Owner shall provide independent third party air monitoring and independent laboratory testing for compliance monitoring. 1.06 EXISTING CONDITIONS A. No utilities are available on-site. B. The exact historical date of the ACP installation is unknown. C. No information on the ACP composition and current condition is known. D. The ACP is abandoned in-place. E. Contractor shall stage,prepare and perform the Work in such a manner as to minimize the project's potential impact on the normal traffic in the vicinity. 13100-2of3 CITY OF PEARLAND GENERAL INFORMATION F. Existing conditions are reflected correctly to the best of Owner's knowledge. :. Should conditions be encountered which are materially different than indicated,a Supplemental Work Authorization may be issued,if deemed necessary. END OF SECTION 13100-3 of CITY OF PEARLAND GENERAL INFORMATION `' Section 13101 DESCRIPTION OF ABATEMENT ACTIVITIES 1.00 SUMMARY OF WORK Contractor for the Asbestos Abatement of this ACP shall be contracted directly to City of Pearland as a General Contractor or as a subcontractor to the General Contractor to perform this work. All work to be performed by the Contractor shall be conducted in accordance with TxDOT Special Specification 5414 (attached). The scope of work to be. performed shall also include all preparation,notifications, and coordination as required; removal,transportation, and disposal of materials; and preparation of reports documenting notifications,daily field logs,removal, disposal, company licenses, personnel licenses, and other activities performed in accordance with this scope of work. 1.01 SUBMITTALS A. Pre-Job Submittals 1. Notifications a. Contractor shall prepare and submit, on behalf of the OWNER, Original Notification of impending commencement of asbestosremoval activities in writing to the Texas Department of State Health Services. Provide a copy for the Owner and the Engineer. b. Contractor shall be responsible for timely revision of notice as needed over the course of the project. c. Contractor shall provide Texas Asbestos Abatement Contractor and Transporter Licenses, as applicable. 2. Work Procedures or Practices a. Provide written description of basic work practices intended for use on this project to control_exposure to asbestos during Work. b. Provide written description and sketch of the plans for the construction of staging areas and dumpsters to be utilized for typical work areas. 3. Personnel Listings - - a. Provide Project Directory of supervisory abatement personnel (project managers,superintendents, and foreman) b. Provide alphabetical listing of workers to be utilized on the project,including license number, and expiration dates for Texas licenses, and annual training. c. Provide Texas licenses, certificates;training documentation,respirator training documentation,for all employees used on the project.Cgia 13100-1 of 3 CITY OF PEARLAND GENERAL INFORMATION 4. Manufacturer's Data a. Listing of all chemicals and materials proposed for use on the project. Include Material Safety Data Sheet(MSDS) information for all chemicals proposed for use on the project. b. Manufacturer's specifications for air cleaning, vacuum equipment,respiratory protection equipment as well as any special tools or safety equipment to be utilized on this project. c. List of any other equipment,techniques, etc. proposed for use on this project. 5. Identify arrangements for transport of asbestos materials or contaminated asbestos materials. Include name, address,telephone number and copy of Texas license for transporter and type of containers to be used for storage and transport. 6. Identify the disposal site that is proposed for asbestos waste generated on the project. Include operator, address,and telephone number. Submit documentation that disposal site is permitted with the Texas Commissions on Environmental Quality (TCEQ). B. Post-Job Submittals 1. Provide copies of the Sign In/Out Log showing the following: date,name, entering and leaving time, company or agency. 2. Provide Texas licenses, certificates,training documentation,respirator training documentation,not previously provided for all employees used on the project. 3. Provide completed copies of waste manifests with the appropriate information completed from the disposal facility, documenting the disposal of the asbestos containing materials. 1.02 ACP REMOVAL A. Site Preparation 1. Establish an exclusion zone(EZ)using barricade tape or other visible markers. 2. Post asbestos-warning signs at the EZ entry point. 3. Establish a waste load-out area attached to the EZ. 4. Once EZ is established and work begins,no access should be permitted without the required personal protective equipment. B. Excavation 1. Machine excavate to expose ACP. 2. Hand excavate areas under pipe where cuts/breaks are planned. 3. Excavation operations should be carefully executed so that pipe damage does not occur prior to removal. 13100-2of3 CITY OF PEARLAND GENERAL INFORMATION C. ACP Removal 1. All pipe cutting or breaking operations require adequate wetting with potable water to prevent ACP materials from being crumbled by hand pressure and the asbestos fibers becoming air-borne (friable). 2. Plan pipe cuts/breaks as necessary to accommodate the size/weight of pipe being removed. 3. Use a hammer or wheel-type pipe cutter(or equivalent tool)to make the initial cut and drain pipe of residual liquids. 4. Remove pipe sections at joint collars by breaking them with a sledgehammer, or cutting them with a wheel-type pipe cutter(soil-pipe cutter). 5. The remaining ACP waterline will be plugged and grouted in place by the General Contractor. Trim remaining in-place pipe ends with a wheel-type pipe cutter. Wet,wrap and seal pipe ends in a minimum 6-mil poly film wrap that is securely fastened and taped to close the pipe end. Wetting is required to prevent ACP materials from becoming friable. 6. When applicable, remove pipe sections from trench in an"intact" condition. Wet and containerize waste materials as you go. Use lifting straps and methods that do not damage the pipe. 1.03 WASTE DISPOSAL A. Follow bagged and wrapped asbestos waste decontamination procedures at a \ minimum as follows: 1. Place bagged and wrapped waste directly into covered truck,trailer, or dumpster. B. Transportation to registered landfill shall be performed in accordance with all state, local, and federal laws.and regulations. 1. Place waste in a covered truck,trailer, or dumpster which has been lined with a minimum of one layer of 6-mil plastic sheeting. 2. Transport contaminated waste using a transporter licensed in Texas to transport asbestos waste. END OF SECTION 13100-3of3 2004 Specifications t , SPECIAL SPECIFICATION 5414 Asbestos Abatement 1. Description. Abate and remove asbestos containing materials (ACM)at indicated locations on public facilities.Abatement operations may be subject to the requirements of the National Emissions Standards for Hazardous Air Pollutants(NESHAP),the Texas Asbestos Health Protection Rules(TAHPR),the Occupational Safety and Health Administration (OSHA) and the National Institute for Occupational Safety and Health (NIOSH).The plans will indicate the location,type, and approximate quantities of ACM. 2. Qualifications. For asbestos abatement work,provide personnel or subcontractors that are licensed,registered,or accredited by the Texas Department of State Health Services(DSHS) and insured for the appropriate asbestos related activity. Provide an on-site supervisor,or insure the subcontractor has a supervisor,meeting the requirements under OSHA for a"Competent Person"for all work involving ACM where the asbestos content is greater than 1%.The competent person must be familiar with and experienced in asbestos abatement and other related work and must enforce the use of all (4°11'` safety procedures and equipment. The supervisor must be knowledgeable of all EPA, OSHA and NIOSH requirements and guidelines. Provide documentation of the supervisor's qualifications to the Engineer. 3. Notifications. Submit required notifications to DSHS.Assume responsibility for insuring that all required notifications are submitted by the deadlines and in the manner required by DSHS. Provide copies of all required notifications to the Engineer.No time extensions or suspension of time charges will be made for failure to submit timely notifications or revised notifications. 4. Construction. Employ an Individual Asbestos Consultant or an Asbestos Consulting Agency licensed by DSHS to develop an Asbestos Abatement Plan(AAP)for the indicated materials. The AAP must comply with all applicable provisions of NESHAP,TAHPR and OSHA.Include in the AAP the acceptable removal or abatement methods,worker protection requirements, air monitoring provisions,temporary storage of removed ACM,and the proposed method and location for disposal of ACM.Provide a copy of the AAP to the Engineer.Approval of the AAP by the Engineer is not required. Use qualified personnel or subcontractors as specified herein to remove or abate ACM as described in the AAP.Do not deviate from the requirements in the AAP unless written approval is obtained from the developer of the AAP or the AAP is properly revised.Retain the services of the developer of the AAP throughout the duration of abatement work to ensure compliance with the AAP and applicable regulations. The developer of the AAP and the abatement subcontractor can be the same entity.The developer of the AAP is responsible for ensuring compliance with all applicable regulations. 1-2 5414 12-06 5. Storage and Disposal. ACM that has been removed may be temporarily stored on-site . provided the storage methods comply with the provisions in the AAP.Do not allow any accidental release of dust.Take removed ACM to a disposal facility licensed or approved to accept such materials as indicated in the AAP. Comply with NESHAP and TAHPR regulations regarding handling and transporting ACM. Take coating chips and spent abrasives with no ACM present to an appropriate disposal facility.Transport all materials in a manner to prevent accidental release of dust.In accordance with NESHAP, indicate on any shipping manifest for containers of ACM that the Department is the generator of the waste, the name of the transporter,the name of the administering agency(DSHS),and the name of the disposal facility. 6. Measurement. This Item will be measured as outlined below for the types of ACM indicated in the plans. a. Coatings: Coatings on concrete, steel or wood by the square foot measured in place; b. Conduit: by the foot measured in place c. Other: Mastics, sealants, fiberboard or roofing felt bearings or other items listed in the plans by the cubic foot of material removed and collected for disposal. 7. Payment. The work performed in accordance with this Item and measured as provided under"Measurement"will be paid for at the unit price bid for"Asbestos Abatement"of the type specified (Coatings, Conduit or Other). This price is full compensation for developing the AAP, filing of required notifications,providing DSHS or OSHA certified personnel, containment systems, collection systems, equipment, labor,transportation and disposal of waste materials, and incidentals. • 2-2 5414 12-06 CITY OFPEARLAND COORDINATION AND SCHEDULING ' Section 13102 COORDINATION AND SCHEDULING 1.00 SUMMARY OF WORK 1.01 DESCRIPTION Provide coordination and scheduling of all Work with the Owner,Engineer,Environmental.. Consultant, Subcontractors, Material Suppliers and other parties as necessary to assure the timely placement of items and materials, coordination between parties, and proper execution of Work. 1.02 MEETINGS A. One Pre-Construction Meeting B. Monthly progress meetings during the Work schedule. 1.03 TIMING OF SUBMITTALS A. Make submittals far enough in advance of schedule dates of commencement .6' execution or removal to provide time.required for reviews for securing necessary l approvals, for possible revisions and re-submittals, and for placing orders and securing delivery. B. Submit pre job submittals at least three(3)working days prior to the Pre- Construction Meeting. C. Complete post-job submittals within 15 calendar days following the disposal of the final ACP materials. D. Contractor will be held responsible for delays resulting from incomplete submittals packages. 1.04 SPECIAL COORDINATION A. Coordinate with Owner for timely observations and scheduling of air monitoring of the Work. END OF SECTION 13102-1of1