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R2003-0094 07-14-03RESOLUTION NO. R2003-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE INSTALLATION OF TRAFFIC SIGNALS AT THE INTERSECTION OF PEARLAND PARKWAY AND BE LTWAY 8. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City opened bids for the installation of traffic signals at the intersection of Pearland Parkway and Beltway 8, and such bids have been reviewed and tabulated. Section 2. the amount of Section 3. That the City Council hereby awards the bid to Traf-Tex in $164,100.00 The City Manager or his designee is hereby authorized to execute a contract for the installation of traffic signals at the intersection of Pearland Parkway and Beltway 8. PASSED, APPROVED and ADOPTED this the ].4th dayof July , A.D., 2003. ATTEST: ,~TY S ECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY MAYOR I ~ I I J I I I J I I I I I Exhibit "A" Resolution No. R2003-94 CITY OF PEARLAND, TEXAS SPECIFICATIONS AND CONTRACT DOCUMENTS FOR CONSTRUCTION OF TRAFFIC SIGNALS INTERSECTION OF BELTWAY $ AT PEARLAND PARKWAY B 2003 - 071 JUNE 2003 RICHARD TETENS POSITION NO. 1 CHARLES VIKTORIN POSITION NO. 3 TOM REm MAYOR COUNCIL MEMBERS WOODY OWENS POSITION NO. 2 LARRY MARCOTT POSITION NO. 4 KLAUS SEEGER POSITION NO. 5 BILL EISEN CITY MANAGER YOUNG LORFING CITY SECRETARY FREESE o NICHOLS FNI 02-110 Filed in City Secretary's Office BID TABULATION CITY OF PEARLAND TRAFFIC SIGNALS FOR INTERSECTION OF BELTWAY 8 AT PEARLAND PARKWAY BID B 2003.071 Blds Opened: 07-10.13 Prepared By: Freese & Nichols FNI No.02-110 SECTION "A" - SIGNALS ITEM I NO. ITEM DESCRIPTION BID UNIT QUANTITY 1 2 3 4 5 6 7 Mobilization LS ROW Preparation for all works. LS Traffic Signal for Eastbound Beltway 8 Frontage Rd Including conduit, signal poles, foundations, signal cabinets, video imaging detection, erosion control, wheelchair ramps & all other related works complete, tested & operational in accordance w/ the plans & specs. Traffic Signal for Westbound Beltway 8 Frontage Rd including conduit, signal poles, foundations, signal cabinets, video imaging detection, erosion control, wheelchair ramps & all other related works complete, tested & operational in acconiance w/ the plans & specs. Pavement Marking & Signage for Eastbound & Westbound Frontage Rd, BW 8 intersection and Peadand Parkway, in accordance w/ the plans & specs. LS LS LS Banicades, Signs & Traffic Handling Mo Site Restoration for all works. LS 1.00 1.00 1.00 1.00 1.00 2.00 1.00 SUBTOTAL SECTION "A" SECTION "B" - EXTRA WORK To be done where authorized by the Engineer and in quantities authorized. Contractor shall provide unit prices ONLY for these items. ITEM I NO. ITEM DESCRIPTION 1 Extra Labor (unskilled) 2 Extra Labor (skilled) 3 Extra Excavation (machine) CY 4! Extra Concrete, all Classes with all Form work, Complete In Place CY 5 Odra Reinforcing Steel, all sizes, Complete In Place I LBS 6' Extra Cement Stabilized Sand CY SUBTOTAL SECTION "B" BID SUMMARY SECTION "A" SECTION "B" BID UNIT I QUANTITY Man Hr - - Man Hr - - TOTAL BASE BID 1 Traf-Tex, Inc. UNIT PRICE AMOUNT $14,000.00 $14,000.01� $1,500,00 $1,500.00 355,600.00 555,600.00� $55,600,00 $55,600,00 $8,700.00 $8,700.00 $1,100.00 $2,200.00 $1,500.00 51,500.00 $139,100.01 $139,100.00 $25,000.00 $164,100.00 2 Traffic Systems Construction, Inc. UNIT PRICE AMOUNT $12,000.0 $12,000.00 $3,000.00 $3 000.00 $66,732.00 $66,732.00 $66,732,00 $66,732.00 $6,600.00 $6,600.00 $950,00 $1,900.00 $5,000.00 $5,000,00 $161,964.0 $161,964,00 $25,000.00 3 Statewide Traffic Signal Co. UNIT PRICE AMOUNT $8,000.001 $2 $8,000o 000.00 $z 000.00 $72,300.00 $72 300.00 $72,200.00 $72 200.00 $7,500.00 $7 500.00 $eoo.00 $1 600.00 $1,500.00 $1 500,00 $1651100.00 $165,100.00 $25 000.00 $186,964.00 $190,100.00 4 Pfeiffer & Son, Ltd, AMOUNT $5 000.01 5 000.01 5 000.00 5 000.00 76 855.00 76 855.00 $76 855.00 $76 855.00 $7 000.00 $7 000.00 900.00 1 800.00 $1,000.00 173510.01' $1731510.00 $25,000.00 5 Florida Traffic Control Devices ��Ia AMOUNT $9 858.01 $9 858.0i! $2 612.00 $2 612.00. $90958.01 $90958.01 $69 446,55 69 446.55 $4 498.20 $4 498.20 2409,80 $4819.60, $2 022.00 2 022,001 $184,214.3 $184,214.36 $25,000.00 $196,510.00 $209,214.36 6 KenMor Electric Co„ L.P. UNIT PRICE j AMOUNT $40,000.0 $40,000.00 $101638.00 $10 638.00 $73,000.00 $73,000 00 $62000,00 $62,000,00 $8,000.00 $8,000.00 $1,50000 $3,000,00 $5,000,00 $5,000.00 $201,638,0 $201,638.00 $25,000.00 • Freese Nichols, Inc. Engineers Environmental Scientists Architects 2010 East Broadway Pearland, TX 77581-5502 281/485-2404 281/485-4322 fax www.freese.com July 10, 2003 FNI 02-110 Mr. Al Hague Project Manager City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Re: Beltway 8 Signals at Pearland Parkway Dear Al: On July 10, 2003, six (6) bids were opened for the referenced project. Bids were checked and tabulated. The low bidder is Traf-Tex., Inc. with a total bid of $164,100.00 Enclosed are 10 (10) copies of the tabulation sheet. The signals controller will be furnished by the City of Houston and the mast arm poles by TxDOT. Traf-Tex, Inc has experience in this type of project and is a responsive and responsible contractor Therefore, we recommend award of referenced project to Traf-Tex , Inc., 6530 McGrew, Houston, Texas 77087, (713) 643 5522. Please call me if I can be of service to you. Sincerely, Mehran (Ron) Bavarian, P E. Associate Houston Area Manager Attachment MB:plp T: PRL02110\Hague.ltr.doc Exhibit "A" Resolution No. R2003-94 CITY OF PEARLAND, TEXAS SPECIFICATIONS AND CONTRACT DOCUMENTS FOR CONSTRUCTION OF TRAFFIC SIGNALS INTERSECTION OF BELTWAY 8 AT PEARLAND PARKWAY B 2003 - 071 RICHARD TETENS POSITION NO. 1 CHARLES VIKTORIN POSITION NO. 3 BILL EISEN CITY MANAGER JUNE 2003 TOM REID MAYOR COUNCIL MEMBERS WOODY OWENS POSITION NO. 2 LARRY MARCOTT POSITION NO. 4 FREESE • NICHOLS FNI 02-110 KLAUS SEEGER POSITION NO. 5 YOUNG LORFING CITY SECRETARY FILE COPY CITY SECRETARY'S OFFICE DO NOT REMOVE CITY OF PEARLAND, TEXAS SPECIFICATIONS AND CONTRACT DOCUMENTS FOR CONSTRUCTION OF TRAFFIC SIGNALS INTERSECTION OF BELTWAY 8 AT PEARLAND PARKWAY B 2003 - 071 JUNE 2003 Prepared by: Freese & Nichols, Inc. 2010 Broadway Pearland, Texas 77581 (281) 485-2404 (Bid & Contract Document Only) of* : PI I . * iI • o MEHRAN BAVARIAN -#0/ _ _ / • `S/O N `?.t G_1.043 TEDSI Infrastructure Group 10260 Westheimer Suite 460 Houston, Texas 77042 (713) 975-8337 (Plans under contract with TxDOT) FNI 02-110 • CITY OF PEARLAND CONTRACT DOCUMENTS AND TECHNICAL SPECIFICATIONS FOR CONSTRUCTION OF TRAFFIC SIGNALS INTERSECTION OF BELTWAY 8 AT PEARLAND PARKWAY B 2003 — 071 TABLE OF CONTENTS A. NOTICE TO BIDDERS B. INSTRUCTIONS TO BIDDERS C. PROPOSAL D. STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR E LABOR CLASSIFICATION AND MINIMUM WAGE SCALE F. GENERAL AND SPECIAL CONDITIONS G. GOVERNING SPECIFICATIONS AND SPECIAL PROVISIONS - GENERAL PROVISIONS, CONDITIONS, & SPECIFICATIONS TO THIS CONTRACT - SPECIAL PROVISIONS - STANDARD SPECIFICATIONS The TxDOT Standard Specification for Construction of Highways, Streets and Bridges, dated March 1, 1993 shall govern this project. - SPECIAL SPECIFICATIONS • 12 Inch LED Traffic Signal Lamp Unit • Temporary Erosion, Sedimentation and Water Pollution Prevention and Control • Epoxy and Adhesives • Curb Ramp and Landing • Roadside Flashing Beacon Assembhes • LED Pedestrian Signal Lamps • Pedestal Pole Assemblies • Video Imaging Vehicle Detection System NOTICE TO BIDDERS CITY OF PEARLAND, TEXAS BID NO. B 2003- 071 Sealed bids will be received, in duplicate, marked "TRAFFIC SIGNALS FOR INTERSECTION OF BELTWAY 8 AT PEARLAND PARKWAY , B 2003- 071 in the office of the Purchasing Officer, the City of Pearland City Hall, 3519 Liberty Drive, Pearland Texas, 77581, until 10:00 a m., July 10, 2003 at which time they will be publicly opened and read aloud for the furnishing of: TRAFFIC SIGNALS INTERSECTION OF BELTWAY 8 AT PEARLAND PARKWAY B 2003- 071 This project will entail: Construction of Traffic Signals at the intersection of Beltway 8 and Pearland Parkway at both the eastbound Beltway 8 frontage road and the westbound Beltway 8 frontage road complete, tested and operational including signal poles foundations, signal cabinets, video imaging detection, electrical conduit, signage and pavement marking, etc. Special Measurement and Payment Note: Bidder/Contractor shall use the TxDOT Standard Specifications for Construction of Highways Streets and Bridges dated March 1, 1993, and Provisions and Special Specifications included in this document for the construction of this project. However, the Measurement and Payment of all construction items for this project shall not be in accordance with the above Standard Specifications. The Measurement and Payment shall be as indicated in the Bid Proposal. Certain materials as specified in the plans shall be provided by TxDOT and/or the City of Houston. 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, Purchasing Department 3519 Liberty Drive Pearland, Texas 77581 AGC of Texas 2400 Augusta, Suite 180 Houston, Texas 77057 Dodge Reports 3131 Eastside, Suite 300 Houston, Texas 77098 (281) 652-1600 (713) 334-7100 (713) 529-4895 These documents may be examined without charge at the above locations. Bidders may obtain a complete set of the Contract Documents, Special Provisions to Specifications and Plans from Freese and Nichols, Inc., 2010 Broadway, Pearland, Texas 77581, upon request and an amount of $50.00 per set. No partial sets will be issued. There will not be any refund for plan sets. No bid may be withdrawn or terminated for a period of sixty (60) days subsequent to the opening date without the consent of the City of Pearland. Bidder's Bond, Cashier's Check, or Certified Check payable to the City of Pearland in the amount of 5% of the total bid price must accompany each proposal. The City of Pearland reserves the right to reject any or all bids, or to accept any bid deemed advantageous to it. The successful bidders must furnish Performance, Payment, and Maintenance Bonds as required by law (Article 5160, Vernon's Texas Civil Statutes, as amended) upon an acceptable form in the amount of one hundred percent (100%) of the contract price, such bonds to be executed by a corporate surety duly authorized to do business in the State of Texas, and named on the current list of "Treasury Department Circular No. 570", payable to the City of Pearland, Texas. Contractor must certify that his firm or subcontractor does not and will not maintain any facilities he provides for his employees in a segregated manner, or permit his employees to perform their services at any location under his control where segregated facilities are maintained. A pre -bid conference will be held at 10:00 a.m., July 7, 2003 at City Hall. Date Gordon Island Purchasing Officer A - 2/2 INSTRUCTION TO BIDDERS Receipt of Bids: Bids will be received until 10:00 a.m., July 10, 2003 in the office of the Purchasing Officer, under conditions set forth in the published Notice to Bidders. Information and bidding documents are obtainable from the Purchasing Officer under conditions set forth in the published Notice to Bidders. Discrepancies and Interpretation: Notify the City Engineer and Freese and Nichols, Inc. in writing at least five (5) days prior to bid date if discrepancies, ambiguities, or omissions are found in the Specifications or Drawings or if further information or interpretation is desired. Answers will be given in writing to all Bidders in addendum form. All provisions and requirements of such addenda will supersede or modify affected portions of Specifications or Drawings. All addenda will be incorporated in and bound with the contract documents. No other explanation or interpretation will be considered official or binding. Mailing Procedure: Submit Proposal and Bid Check or Bond in an opaque sealed envelope. Identify the envelope with the project name and the name and mailing address of the Bidder. Proposals may not be modified after submittal. Bidders may withdraw Proposal at any time prior to the advertised bid opening time but may not resubmit a Proposal once it has been withdrawn. Proposals received after the advertised time set for opemng will be ineligible and will be returned unopened. Proposal: Submitted Proposal shall be based on conditions at the project site, the Specifications, the Drawings and any addenda to Specifications and/or Drawings issued prior to opening of bids. Authoritatively execute and submit bid Proposal form furnished with the Bid Documents to insure complete uniformity of wording. Proposal showing omissions, alterations of wording, conditional bids, or carrying riders or qualifications which modify the proposal as submitted will be rejected as irregular. B-1/4 Submit Proposal in duplicate. Two copies of the Proposal form which are not bound in the Specifications are furnished for the Bidders use in submitting his bid. The Proposal Form bound in the Specifications is for the Bidder's information and is not to be completed. Each bidder shall submit only one Proposal; if two or more Proposals are submitted by any bidder, either in one envelope or in separate envelopes, then such Proposals will be subject to rejection. Proposal amounts may not be amended or modified in any manner after the time set for bid opening in the published invitation to Bidders. Under no circumstances will the bidder be permitted to alter his bid after it has been read. The City of Pearland reserves the right to reject any or all Proposals submitted, or to award the Contract to the Bidder who, in the City's opinion, offers the most advantageous proposal for the purpose intended. Financial Statement. The bidder will be required by the Owner to furnish a financial statement. Proposal Guaranty: A Certified or Cashier's Check on a State or National Bank in the State of Texas, or a Bidder's Bond from an acceptable Surety Company authorized to transact business in the State of Texas, in the amount of not less than five percent (5%) of the greatest total amount of the Bidders' Proposal, payable without recourse to the order of the City of Pearland must accompany each proposal as a guarantee that if awarded the Contract, the bidder will promptly enter into Contract and execute Performance and Payment Bonds on the forms provided. Should the successful Bidder fail to execute Contract and Bonds within fifteen (15) days after notifications of award of Contract, said check or bidder's bond shall become the property of the Owner as set forth in Paragraph 2 05 of the General Conditions of Agreement. Qualifications of Bidder: The Owner will make such investigations as he deems necessary to determine the ability of the Bidder to perform the work, and the Bidder may furnish to the Owner all such information and data for this purpose as the Owner may request. The owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. B-2/4 Performance and Payment Bonds: The successful bidder to whom the Contract is awarded will be required to furnish a Performance Bond and Payment Bond, as set forth in Paragraph 2.04 of the General Conditions of Agreement. Bond forms bound in the Specifications are included as information to the Bidder. Insurance: Before starting work, the successful bidder to whom the Contract is awarded will be required to obtain insurance coverage as set forth in Paragraph 2.07 of the General Conditions of Agreement. Site Investigation: Examination of project site existing structures and adjacent property and familiarizing himself with existing conditions before he prepares and submits his Proposal is the responsibility of each bidder. After investigating the project site and comparing the Drawings and Specifications with the existing conditions, immediately notify the Engineer of any conditions, for which requirements of labor and material are not clear, or about which there are questions regarding the extent of the work involved. Should the successful Bidder fail to make the required investigation and should a question arise later as to the extent of the work involved in any particular case, then the decision shall be made by the Engineer as to proper interpretation of the Specifications and Drawings. It is understood that full and complete allowance for conditions under which the Contractor will be required to operate, or that will in any manner affect work under this Contract is included in the Bidder's Proposal and in the Contract Amount. Contract and Contract Form: The Contract form bound in the Specifications is included as information to the Bidder. It is not to be used in submitting a Proposal. The Owner agrees that the award of the Contract if awarded, will be within fifteen (15) days after date of opening bids unless otherwise stated in the proposal. State Sales Tax: The Owner qualifies for exemption from the State and Local Sales Tax pursuant to the provisions of Article 10.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. The Contractor performing this Contract may purchase all materials, supplies, equipment consumed in the performance of this Contract by issuing to his suppliers an exemption certificate in lieu of the tax, said exemption certificate complying with State Comptroller of Public Accounts Ruling No. 95-0.07. Any such exemption certificate issued by the Contractor in lieu of the tax shall be subject to the provision of the State Comptroller of Public Accounts Ruling No. 95-0.09 as amended to be effective October 2, 1968. Schedule of Minimum Wage Rates: The Contractor shall comply with the current prevailing wage laws and regulations. The minimum wages to be paid on this project shall be in accordance with classification and wages set forth in Section E Safety and Health Requirements. The Contractor shall comply with all requirements of the Safety and Health Regulations for construction and any other applicable sections of the Williams -Steiger Occupational Safety and Health Act of 1970 as well as other applicable Local, State and Federal Regulations. Neither the City of Pearland or the Director of Public Works will be responsible for advising the Contractor of specific requirement, nor for enforcing any requirements of the Occupational Safety and Health or other related Act. Utility Service for Construction: Water and other temporary utility services for construction purposes will be the Contractor's responsibility and at his expense. Required Permits: The Contractor shall be responsible to secure any required permit from local, state, and federal government. i 1 1 1 L CONSTRUCTION OF TRAFFIC SIGNALS INTERSECTION OF BELTWAY 8 AT PEARLAND PARKWAY B 2003- 071 BID PROPOSAL (Submit m Duplicate) Dated: The Honorable Mayor and Council City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Gentlemen: /fp 63 Pursuant to the published Notice to Bidders, the undersigned bidder hereby proposes to do all the work and furnish all necessary superintendence, labor, machmery, equipment, tools and materials, and whatever else may be necessary to complete all the work included under the General Contract for the construction of Traffic Signals at the intersection of Beltway 8 at Pearland Parkway at both the eastbound Beltway 8 frontage road and the westbound Beltway 8 frontage road complete, tested and operational including signal poles, foundations, signal cabinets, video imaging detection, electrical conduit, signage and pavement marking, etc. , in accordance with the plans, and specifications prepared by the Engineer, Freese & Nichols, Inc. (Bid and Contract documents) — TEDSI Infrastructure Group (Plans) under the City of Pearland's inspection for the Lump Sum price set forth on the attached bid sheet which bears our signature for identification. The bidder binds himself upon acceptance of his proposal to execute a contract and furnish performance bond and payment bond each in the amount of one hundred percent (100%) of the total contract price, according to the specified forms within fifteen (15) days after notification of award of contract, for performing and completing the said work within the time stated, and furmshing a satisfactory maintenance bond indemnifying the Owner against defective workmanship and material for a penod of one (1) year. The undersigned bidder agrees to commence work within ten (10) days after the date of a wntten notice to commence work. It is understood and agreed that the Contractor shall complete the entire project within 60 calendar days. Time for completion shall begin as stated upon the issuance of the notice to commence work. i BID SHEET CITY OF PEARLAND TRAFFIC SIGNALS FOR INTERSECTION OF BELTWAY 8 AT PEARLAND PARKWAY BID B 2003-071 FNI 02-110 ITEM NO. ITEM DESCRIPTION UNIT BID QUANTITY UNIT PRICE 1 Mobilization 2ROW Preparation for all works. 3 raffic Signal for Eastbound Beltway 8 Frontage Rd including conduit, signal poles foundations, signal cabinets, video imaging detection erosion control, wheelchair ramps & all other related orks compete tested & operational in accordance w/ the plans & specs. 4 Traffic Signal for Westbound Beltway 8 Frontage Rd including conduit, signal poles, foundations signal cabinets. video imaging detection erosion control, wheelchair ramps & all other related works complete tested & operational in accordance w/ the plans & specs. 5 Pavement Marking & Signage for Eastbound & Westbound Frontage Rd, BW 8 Intersection and Pearland Parkway, in accordance w/ the plans & specs. LS 6.Barricades, Signs & Traffic Handling Mo LS LS LS LS Site Restoration for all works. SUBTOTAL SECTION "A" LS SECTION "B" - EXTRA WORK To be done where authorized by the Engineer and in quantities authorized. Contractor shall provide unit prices ONLY for these items. I •• •• I AMOUNT ry, a64°' low 450 0 ‘5.00 2.00 1 I • 5S,600. .54 6©O 5'5 600' - 55400 fro /Dom= i 5ad'e • lei 769 5oo /3 o ITEM NO. 1 2 3 4 ITEM DESCRIPTION Extra Labor (unskilled) Extra Labor (skilled) Extra Excavation (machine) 5 6 Extra Concrete, all Classes with all Form work, Complete in Place Extra Reinforcing Steel, all sizes, Complete in Place Extra Cement Stabilized Sand UNIT Man Hr Man Hr CY CY LBS CY SUBTOTAL SECTION "B" BID QUANTITY UNIT PRICE Zrfe 57 tt,. AMOUNT $25.000 00 BID SUMMARY SECTION "A" SECTION "B" TOTAL BASE BID $ /3 ? /00 $25,000.00 $ BIDDER: MG _ 6 % I-icic. BY: ADDRESS* TELEPHONE: DATED: AE -T: r - of Corporation Corporate seal if Bidder is Corporation) Receipt and Acknowledgement of the following Addendum to TECHNICAL SPECIFICATIONS and PLANS are hereby made: 3a �lIGru.i d A 77 77a47 7/3-0/3-5S ZL Addendum No: IF/ Dated: 6 747 4 Of /60.6St Addendum No: Dated* STATEMENT OF MATERIALS AND OTHER CHARGES Pursuant to the Texas State Tax Code, contracts must be separated for materials to be exempt from the sales tax. The following information is provided to qualify as a separate contract. /9y, ae $ 84, 9% Materials Incorporated Into the Project: All Other Charges: Total: AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the day off in the year 2003 by and between the City of Pearland, Texas (hereinafter called OWNER and Traf-Tex, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents The Work is generally described as follows: TRAFFIC SIGNALS INTERSECTION OF BELTWAY 8 AT PEARLAND PARKWAY B 2003 — 071 Article 2. ENGINEER. The Project has been designed by Freese and Nichols, Inc. (Bid and Contract Documents Only)— TEDSI Infrastructure Group (Plans) who is hereinafter called ENGINEER and who is to act as OWNER S representative, assume all duties and responsibilities and have the rights and authority assigned to the ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. 3.1. The Work will be substantially completed within 45 calendar days from the date when the Contract Time commences to run as provided in the General Conditions, and completed and ready for final payment in accordance with the General Conditions within 60 calendar days from the date when the Contract Time commences to run. Contract time will commence as indicated upon the issuance of the Notice to Commence work. 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Two Hundred Forty Dollars ($240.00) for each day that expires after the time specified for Substantial Completion until the Work is substantially complete. After Substantial Completion if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Two Hundred Forty Dollars ($240.00) for each day that expires after the time specified above for completion and readiness for final payment. Article 4. CONTRACT PRICE. 4.1 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents in current funds as follows: Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1. Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Applications for Payment as recommended by ENGINEER, on or about the close of business on 25th day of each month during construction as provided below. All progress payments will be on the basis of the progress of the Work measured by the schedule of values established in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values as provided in the General Requirements. Pay estimates must be in and approved by the first day of each month. 5.1.1. Prior to Substantial Completion progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with the General Conditions. 90% of Work completed. 90% of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documents satisfactory to OWNER as provided in the General Conditions). 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER. Article 6. OMITTED Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2. CONTRACTOR has studied carefully all reports of explorations and test of subsurface conditions and drawings of physical conditions, and accepts the determination set forth in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.3. CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all known reports, studies and drawings which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work as CONTRACTOR considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, and no additional examinations, investigation, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4. CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said Underground Facilities are or will be required by CONTRACTOR in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. 7.5. CONTRACTOR has correlated the result of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 7.6. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. Article 8. CONTRACT DOCUMENTS. The Contract Documents which compnse the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1. This Agreement (pages 1 to 6 , inclusive). 8.2. Exhibits to this Agreement (pages 1 to 3 inclusive). (Contractor's Bid Proposal). 8.3. Performance and other Bonds, and Certificate of Insurance. 8.4. Proof of Insurance. 8.5. Notice of Award. 8.6. Specifications and Drawings bearing the title Traffic Signals for Intersection of Beltway 8 at Pearland Parkway, - B 2003- 071 as listed and included therein 8.7 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto All Written Amendments and other documents amending modifying, or supplementing the Contract Documents pursuant to the General Conditions. 8.8. The documents listed in paragraphs 8.2 et. seq. above are attached to this agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in the General Conditions. 4 Article 9. MISCELLANEOUS. 9.1. Terms used in this Agreement which are defined in the General Conditions will have the meanings indicated in the General Conditions. 9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3. OWNER and CONTRACTOR each binds itself, its partners, successors assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Article 10. OTHER PROVISIONS. None. (SEE NEXT PAGE) IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been dehvered to OWNER, CONTRACTOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or by ENGINEER on their behalf. This Agreement will be effective on Yv I/ 19 , 2003 OWNER City of Pearland, Texas BY 'helm/4 9 RLA/v0 6p City Marlineo F . _` 7= ® "14 Attest.* Ar+"rst Addr for giving note es 3519 Liberty Dnve Pearland, Texas 77588 Telephone 281-652-1600 (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement.) CONTRACTOR Traf-Tex, Inc. BY [CORPOSEAL] Atte Addres ' for giving notices • 6530 McGrew o ce ,4, `l? L4- Houston, Texas 77087 License No. 74 - 66033`-/3 Telephone No. '7/6- 61/3., "5 22, Agent for service of process: (If CONTRACTOR is a corporation, attach evidence of authority to sign.) CNA SURETY Bond #929280497 PERFORMANCE BOND Know all persons by these presents, That we, Traf-Tex, Inc. of Houston, Texas, hereinafter referred to as the Principal, and Continental Casualty Company as Surety, are held and firmly bound unto City of Pearland of Pearland, Texas hereinafter referred to as the Obligee, in the sum of One Hundred Sixty Four Thousand One Hundred and NO/100 Dollars ($164,100 00), for the payment of which of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents Whereas, Principal has entered into a contract with Obligee, dated the day of for Traffic Signals Intersection of Beltway 8 at Pearland Parkway, B 2003- 071. Now, Therefore, if the Principal shall faithfully perform such contract or shall indemnify and save harmless the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. No right of action shall accrue on this Bond to or for the use of any person or corporation others than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. Signed, Sealed and Dated this day of Principal: BY: /(1,4ei1 J , Surety: Continental Ca al ompany Al asawar • Traf-Tex, Inc. BY: G-105578-C Steven E. White, Attorney -In -Fact CNA SURETY Bond #929280497 PAYMENT BOND Know all persons by these presents, That we Traf-Tex, Inc. of Houston, Texas, hereinafter referred to as the Principal, and Continental Casualty Company as Surety, are held and firmly bound unto City of P earland of Pearland, Texas hereinafter referred to as the Obligee, in the sum of One Hundred Sixty Four Thousand One Hundred and NO/100 Dollars, ($164,100.00), for the payment of which we bind ourselves, our legal representatives, successors and assigns, jointly and severally, firmly by these presents. Whereas, Principal has entered into a contract with Obligee, dated day of for Traffic Signals Intersection of Beltway 8 at Pearland Parkway, B 2003-071 copy a which contract is by reference made apart hereof N ow, Therefore, if Principal shall, in accordance with applicable Statutes promptly make payment to all persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety being waived, then this obligation to be void; otherwise to remain in full force and effect. N o suit or action shall be commenced thereunder (A) After the expiration of one (1) year following the date on which Principal ceased work on said contract it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law (B) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated and not elsewhere The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. S igned. Sealed and Dated this day of Principal: Traf-Tex, Inc. rpm r BY AdA•R/o G-105579- T • /7, yvA • IDEN r Surety: Continental Casualty Compa BY: i Steven E. White, Attorney -In -Fact • Authorizing By -Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article IX —Execution of Documents Section 3. Appointment of Attorney -in -fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies of insurance bonds undertakings and other obligatory instruments of like nature. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors, may, at any time, revoke all power and authority previously given to any attorney -in -fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. 'Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall with respect to any bond or undertaking to which it is attached continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. "Article VI —Execution of Obligations and Appointment of Attorney -in -Fact Section 2. Appointment of Attorney -in -fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys -in -fact to act in behalf of the Company in the execution of policies of insurance bonds undertakings and other obligatory instruments of like nature. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney -in -fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved, that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By -Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall with respect to any bond or undertaking to which it is attached continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED: That the President, an Executive Vice President, or any Senior or Group Vice President of the Corporation may, from time to time appoint, by written certificates, Attorneys -in -Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such Attorney -in -Fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto The President an Executive Vice President, any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney -in -Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed, shall with respect to arty bond or undertaking to which it is attached, continue to be valid and binding on the Corporation " State of Texas • Claim Notice Endorsement To be attached to and form a part of Bond No. 929280497 In accordance with Section 2253.021(f) of the Texas Government Code and Section 53.202(6) of the Texas Property Code any notice of claim to the named surety under this bond(s) should be sent to: CNA Surety 333 South Wabash Chicago, IL 60604 Telephone: (312) 822-5000 • • • Form F6944 7/22/03 8:31 AM 281-485-4322 001 ACORL?M CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 07/22/2003 PRODUCER (409)934-8000 FAX (409)935-1883 Rust, Ewing, Watt & Haney, Inc. 7900 Emmett F Lowry Expressway Texas City, TX 77591-2457 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERT FICATE HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURED Traf-Tex, Inc. 6530 McGrew Houston, TX 77087 INSURER A: Valley Forge Inc Co/CNA INSURERB: Texas Mutual Ins Co INSURER C: Clarendon American Ins Co/Deep South INSURER D: National Fire Ins of Hartford/C VA INSURERE. Royal Ins Co of America/Swett, Ho, TX COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIP ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCI ES AGGREGATE LIMITS SHOWN MAY NAVE BEEN REDUCED BY PAID CLAIMS. POLICI INSR TYPE OF INSURANCE POLICY NUMBER DATE (MM EFFECTIVE POLICY (MMIDDTTYYO)N LIMITS LTR IADD'LNSRD INSRD GENERAL LIABILITY DCT000001017 05/20/2003 05/20/2004 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED $ X COMMERCIAL GENERAL LIABILITY PRFMISFS (Fa occurance) 100,000 MED EXP (Any one person) $ 5,000 CLAIMS MADE X OCCUR C PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENII AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 1,000,000 POLICY POLICY � PRO - n LOC AUTOMOBILE LIABILITY C2055795666 05/20/2003 05/20/2004 COMBINED SINGLE LIMIT (Ea accident) $ X ANY AUTO 1,000,000 ALL OWNED AUTOS BODILY INJURY $ (Per person) SCHEDULED AUTOS A HIRED AUTOS BODILY INJURY (Per accident) $ NON -OWNED AUTOS PROPERTY DAMAGE accident) $ (Per GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ EA ACC $ ANY AUTO OTHER THAN AUTO ONLY: AGG $ EXCESS/UMBRELLA LIABILITY P2HNO21160 05/20/2003 05/20/2004 EACH OCCURRENCE $ 2,000,000 X OCCUR CLAIMS MADE AGGREGATE $ 2,000,000 E $ DEDUCTIBLE $ X RETENTION $ 10, 000 $ X 1� COMPENSATION AND TSF-0001131400 05/20/2003 05/20/2004 ISM R WORKERS EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 1,000,000 B ECUTIVE ANY OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If SPECIAL yes, describe under PROVISIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 OTHER Inland Marine C2055795621 05/20/2003 05/20/2004 Leased/Rented Equip $30,000 D DESCRIPTION Project: Additional applies & Certificate Workers OF to OPERATIONS Intersection Comp Insured the subject / LOCATIONS General as applies required to of I VEHICLES Beltway Liability policy to by / EXCLUSIONS the writen terms 8 Auto & 0 Blanket conditions ADDED Pearland contract. as BY required ENDORSEMENT Waiver Parkway & exclusions. of / by SPECIAL Subrogation B2003-071 written PROVISIONS contract. applies Blanket to Additional the Auto, General Insured Liabilit CERTIFICATE HOLDER City of Pearland Ron Bavarian 2010 East Broadway Pearland, TX 77581 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES AUTHORIZED REPRESENTATIVE Al Shotwell CIC/LISAM ACORD 25 (2001108) FAX: (281)485-4322 ACORD CORPORATION 1988 LABOR CLASSIFICATION AND MINIMUM WAGE SCALE 1. General: Articles 51-59a of the Revised Civil Statutes of Texas, passed by the 43rd Legislature Acts of 1933, page 91 Chapter 45 provides that any government subdivision shall ascertain the general prevailing rate of per them wages in the locality in which the work is to be performed for each craft or type of workman or mechanic and shall specify in the call for bids and in the Contract the prevailing rate per diem wages which shall be paid for each craft type of workman. This Article further provides that the Contractor shall forfeit, as a penalty, to the City, County, or State, or other political subdivision, Ten Dollars ($10.00) per day for each laborer, or workman or mechanic who is not paid the stipulated wage for the type of work performed by him as set up in the wage scale. The City of Pearland is authonzed to withhold from the Contractor the amount of this penalty in any payment that might be claimed by the Contractor or subcontractor. The Act makes the Contractor responsible for the acts of the subcontractor in this respect. The Article likewise requires that the Contractor and sub -contractor keep an accurate record of the names and occupations of all persons employed by him and to show the actual per diem wages paid to each worker and these records are open to the inspection of the City of Pearland. 2. Labor Classification and Minimum Wage Scale: General Decision Number TX020048 on labor classifications and wage scales is attached herein. WAIS Document Retrieval Page 1 GENERAL DECISION TX020048 03/01/2002 TX48 Date: March 1, 2002 General Decision Number TX020048 S uperseded General Decision No. TX010048 S tate: TEXAS Construction Type. HIGHWAY County (ies) : BRAZORIA FORT BEND GALVESTON HARDIN HARRIS JEFFERSON. LIBERTY MONTGOMERY ORANGE WALLER HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects, and railroad construction; bascule, suspension & spandrel arch bridges; bridges designed for commercial navigation; bridges involving marine construction; other major bridges) Modification Number Publication Date 0 03/01/2002 COUNTY(ies): BRAZORIA FORT BEND GALVESTON HARDIN HARRIS JEFFERSON LIBERTY MONTGOMERY S UTX2045A 03/26/1998 ASPHALT RAKER ASPHALT SHOVELER BATCHING PLANT WEIGHER CARPENTER CONCRETE FINISHER -PAVING CONCRETE FINISHER -STRUCTURES CONCRETE RUBBER ELECTRICIAN FLAGGER FORM BUILDER(STRUCTURES) FORM LINER -PAVING & CURB FORSETTER (PAVING/CURB) FORM SETTER -STRUCTURES LABORER -COMMON LABORER -UTILITY L INEPERSON MANHOLE BUILDER (Brick) MECHANIC O ILER S ERVICER P AINTER -STRUCTURES P ILEDRIVER ORANGE WALLER Rates 8.28 7.45 11.11 10.35 9.87 9.86 9.00 16.15 6.66 9.96 9.03 8.86 9.05 7.45 8.53 7 50 8 49 11.38 9.56 9.51 14.00 10.96 Fringes httn://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=TX02001... 3/29/2002 WAIS Document Retrieval Page 2 PIPE LAYER 8.49 ASPHALT DISTRIBUTOR 9.47 ASPHALT PAVING MACHINE 10.05 BROOM OR SWEEPER OPERATOR 8.01 BULLDOZER 9.91 CONCRETE CURING MACHINE 8.80 CONCRETE FINISHING MACHINE 11.79 CONCRETE JOINT SEALER 10.50 CONCRETE PAVING FLOAT 9.30 CONCRETE PAVING SAW 10.01 CONCRETE PAVING SPREADER 9.32 SLIPFORM MACHINE OPERATOR 9.20 CRANE, CLAMSHELL, BACKHOE, DERRICK, D'LINE, SHOVEL 11.35 CRUSHER/SCREENING PLANT 11.00 FOUNDATION DRILL OPERATOR, CRAWLER MOUNTED 12.59 FOUNDATION DRILL OPERATOR TRUCK MOUNTED 12.73 FRONT END LOADER 9.29 MILLING MACHINE OPERATOR 10.43 MIXER 7.94 MOTOR GRADER (FINE GRADE) 11.11 MOTOR GRADER 10.67 PAVEMENT MARKING MACHINE 7.45 ROLLER, STEEL WHEEL PLANT MIX PAVEMENTS 9.25 ROLLER, STEEL WHEEL OTHER FLATWHEEL OR TAMPING 7.61 ROLLER, PNEUMATIC, SELF PROPELLED 7.96 SCRAPER- 8.69 TRACTOR -CRAWLER TYPE 10.12 TRACTOR -PNEUMATIC 8.99 TRAVELING MIXER 9.35 TRENCHING MACHINE -LIGHT 10.50 TRENCHING MACHINE -HEAVY 13.56 WAGON -DRILL, BORING MACHINE 10.15 REINFORCING STEEL SETTER (PLAVING) 12.50 REINFORCING STEEL SETTER STRUCTURES 12.47 S TEEL WORKER -STRUCTURAL 10.35 S IGN ERECTOR 10.06 S PREADER BOX OPERATOR 9.08 WORK ZONE BARRICADE 7.45 S IGN INSTALLER 7.45 TRUCK DRIVER -SINGLE AXLE LIGHT 8.15 TRUCK DRIVER -SINGLE AXLE HEAVY 8.76 TRUCK DRIVER -TANDEM AXLE SEMI TRAILER 8.00 TRUCK DRIVER-LOWBOY/FLOAT 11.29 WELDER 10.43 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 htt„•//frwehaate access fans ¢nv/cpi-hin/Eetdoc.cai?dbname=Davis-Bacon&docid=TX02001... 3/29/2002 WAIS Document Retrieval Page 3 award only as provided in the labor standards contract clauses (29 CFR 5.5 (a) (1) (v)) . In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations W age and Hour Division U . S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: W age and Hour Administrator U .S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc ) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board httn • //frweh gate. access. ano. tlov/c2i-bin/getdoc. cgi?dbname=D avis-Bacon&docid=TX02004... 3/29/2002 WAIS Document Retrieval Page 4 U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION htt„•//f„x, Fta to APCPQQ arm anv/rui-hin/aetrine eai?rlbname=Davis-Bacon&docid=TX0200‘... 3/29/2002 TABLE OF CONTENTS FOR GENERAL CONDITIONS OF AGREEMENT 1. DEFINITION OF TERMS 1.01 AGREEMENT GC-1 1.02 BID GC-1 1.03 BIDDER GC-1 1.04 CALENDAR DAY GC-1 1.05 CHANGE ORDER GC-1 1.06 CITY GC-1 1.07 CITY COUNCIL GC-1 1.08 CONTRACT GC-1 1.09 CONTRACT DOCUMENTS GC-1 1.10 CONTRACTOR GC-2 1.11 DRAWINGS GC-2 1.12 ENGINEER GC-2 1.13 EXTENDED DAY GC-2 1.14 INSPECTOR GC-2 1.15 LABORATORY GC-2 1.16 MAYOR GC-2 1.17 OWNER GC-2 1.18 PROJECT GC-2 Page 1 TABLE OF CONTENTS 1.19 SHOP DRAWINGS GC-2 1.20 PAYMENT BOND GC-2 1.21 PERFORMANCE BOND GC-3 1.22 PROPOSAL GC-3 1.23 PROPOSAL GUARANTY GC-3 1.24 SPECIFICATIONS GC-3 1.25 SUBCONTRACTOR GC-3 1.26 SUBSTANTIAL COMPLETION GC-3 1.27 SUPERINTENDENT GC-3 1.28 SURETY GC-3 1.29 STANDARD ABBREVIATIONS GC-3 & 4 1.30 WORK GC-4 1.31 EXTRA WORK GC-4 1.32 SUPPLEMENTAL AGREEMENT GC-4 2. AWARD AND EXECUTION OF CONTRACT 2.01 CONSIDERATION OF PROPOSALS GC-4 2.02 AWARD OF CONTRACT GC-4 2.03 RETURN OF PROPOSAL GUARANTIES GC-4 2.04 EXECUTION OF CONTRACT, PERFORMANCE AND PAYMENT BONDS GC-4 & 5 2.05 FAILURE TO EXECUTE CONTRACT, PERFORMANCE AND PAYMENT BONDS GC-5 T-2 Page 2 TABLE OF CONTENTS 2.06 BEGINNING OF WORK 2.07 INSURANCE 3. SCOPE OF WORK 3.01 INTENT OF SPECIFICATIONS AND DRAWINGS 3.02 CHANGES AND ALTERATIONS GC-5 GC-5 & 6 .GC-6&7 GC- 7 3.03 FINAL CLEANING UP GC-7 4. CONTROL OF THE WORK 4.01 AUTHORITY OF THE ENGINEER 4.02 DRAWINGS 4.03 COORDINATION OF SPECIFICATIONS AND DRAWINGS 4.04 COOPERATION OF CONTRACTOR 4.05 CONSTRUCTION STAKES 4.06 4.07 GC-7 GC-7 GC-7 & 8 GC-8 GC-8 INSPECTION GC-8 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK GC-8 5. CONTROL OF MATERIALS AND QUALITY WORK 5.01 SOURCES OF SUPPLY GC-8 & 9 5.02 SAMPLES AND TESTS OF MATERIALS GC-9 5.03 INSPECTION AND TESTING OF EQUIPMENT OF WORK GC-9 5.04 INSPECTION AND TESTING OF EQUIPMENT AND DEFICIENT WORK 5.05 STORAGE OF MATERIALS T-3 Page 3 GC-9 GC-9 TABLE OF CONTENTS 5.06 DEFECTIVE MATERIALS GC-10 6. LEGAL RELATIONS AND RESPONSIBILITIES 6.01 LAWS TO BE OBSERVED GC-10 6.02 PERMITS AND LICENSES GC-10 6.03 SANITARY PROVISIONS GC-10 6.04 PATENTED DEVICES AND PROCESSES GC-10 6.05 RESPONSIBILITY FOR DAMAGE CLAIMS GC-10 6.06 CONTRACTOR'S RESPONSIBILITY FOR WORK GC-11 6.07 WAIVER OF LIEN GC-11 7. PROSECUTION AND PROGRESS 7.01 SUBLETTING OR ASSIGNING OF CONTRACT GC-11 7.02 PROSECUTION OF WORK GC-11 7.03 WORKMEN AND EQUIPMENT GC-11 7.04 TEMPORARY SUSPENSION OF WORK GC-11 & 12 7.05 CONTRACT TIME GC-12 7.06 LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME 7.07 ABANDONMENT OF WORK OR DEFAULT OF CONTRACT 8. MEASUREMENT AND PAYMENT 8.01 MEASUREMENT OF QUANTITIES T-4 GC-12 GC-13 GC-13 Page 4 TABLE OF CONTENTS 8.02 SCOPE OF PAYMENT GC-13 8.03 ADJUSTMENT FOR CHANGES IN WORK GC-13 & 14 & 15 8.04 PARTIAL PAYMENTS GC-15 8.05 PAYMENT WITHHELD . GC-15 & 16 8.06 ACCEPTANCE AND FINAL PAYMENT GC-16 9. GUARANTEE 9.01 GUARANTEE GC-16 & 17 T-5 Page 5 GENERAL CONDITIONS OF AGREEMENT 1.00 DEFINITION OF TERMS Wherever in these General Conditions of Agreement or in other Contract Documents, the following terms or pronouns in place of them are used, the intent and meaning shall be interpreted as follows: 1.01 AGREEMENT. The written agreement between the OWNER and the CONTRACTOR covering the Work to be performed, including the CONTRACTOR'S Bid and the Bonds. 1.02 BID. See Proposal. 1.03 BIDDER. An individual, firm, or corporation of any combination thereof submitting a proposal. 1.04 CALENDAR DAY. Any day of the week or month, no days being excepted. 1.05 CHANGE ORDER. A written order to the CONTRACTOR signed by the OWNER authorizing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Agreement. 1.06 CITY. The incorporated City of Pearland, Brazoria County, Texas. 1.07 CITY COUNCIL. The elected officials of the City. The Mayor and five (5) Councilmen, who have the legal authority sitting as a Council to accept or reject any or all proposals submitted for the work. 1.08 CONTRACT. See Agreement. 1.09 CONTRACT DOCUMENTS. The Contract Documents shall consist of the Notice to Bidders, Instruction to Bidders, Proposal, signed Agreement, Performance and Payment Bonds, Special Bonds, (when required), proof of insurance, General Conditions of the Agreement, Special Conditions, Technical Specifications, plans, and all modifications thereof incorporated in any of the documents before the execution of the agreement. The Contract documents are complementary, and what is called for by any one shall be as binding as if called for by all. In case of conflict between any of the Contract Documents, priority of interpretation shall be in the following order: Signed Agreement, Performance and Payment Bonds, Special Bonds (if any), Proposal, Special Conditions of Agreement (if any), Notice to Bidders, Technical Specifications, Plans, and General Conditions of Agreement. GC-1 Page 6 1.10 CONTRACTOR. The individual, firm or corporation or any combination thereof, whose proposal is accepted and with whom the agreement is made by the OWNER. 1.11 DRAWINGS. The drawings and plans which show the character and scope of the work to be performed and which have been prepared or approved by the ENGINEER and are referred to in the Contract Documents. 1.12 ENGINEER The City Engineer of the City of Pearland, Texas, or his authorized representatives. 1.13 EXTENDED DAY An extended day is defined as a calendar day, in which conditions described in Paragraph 7 05 will not permit the performance of the principal unit of work underway for a continuous period of not less than Six (6) hours between 8.00 a.m. and 5:00 p.m. 1.14 INSPECTOR. The authorized representative of the Engineer assigned to inspect any and all parts of the work and the materials to be used therein. 1.15 LABORATORY. Any testing laboratory that may be designated or approved by the ENGINEER 1.16 CITY MANAGER. The appointed official who presides over the City business of the City of Pearland, Texas and who is empowered to execute the Agreement for the City provided that the Council shall have accepted the Proposal by a majority vote. 1.17 OWNER. City of Pearland, Texas. 1.18 PROJECT. The entire work to be performed as provided for in the Contract Documents. 1.19 SHOP DRAWINGS. All drawings diagrams, illustrations, brochures, schedules, and other data which are prepared by the CONTRACTOR, a Subcontractor, manufacturer, supplier, or distributor and which illustrates the equipment, material, or some portion of the work. 1.20 PAYMENT/MAINTENANCE BOND. The security furnished by the Contractor and the Surety in the full amount of the Contract for the protection of all claimants supplying labor and material in the prosecution of the work. Page 7 GC-2 1.21 PERFORMANCE BOND. The security furnished by the Contractor and the Surety in the full amount of the Contract as a guaranty that the Contractor will faithfully perform the Contract and save harmless the Owner from all cost and damage which the Owner may suffer by reason of the Contractor s default or failure to do so. 1.22 PROPOSAL. The offer of the Bidder, made out on the prescribed form, giving prices for performing the work described in the Specifications and drawings. 1.23 PROPOSAL GUARANTY. The security designated in the Proposal and furnished by the Bidder as a Guaranty that the Bidder will enter into a Contract and make the required bonds if his proposal is accepted. 1.24 SPECIFICATIONS. The directions, provisions and requirements for the work, attached to and forming a part of the Specifications. 1.25 SUBCONTRACTOR. The individual, firm, or corporation having a direct contract with the Contractor, approved by the OWNER, for the performance of a part of the work at the site of the work. 1.26 SUBSTANTIAL COMPLETION. By the term "substantial completion' is meant that the facility is in condition to serve its intended purpose but still may require minor miscellaneous work and adjustment. 1.27 SUPERINTENDENT. The authorized representative of the Contractor at the site of the work. 1.28 SURETY. The corporate body which is bound with the Contractor for the faithful performance of this work covered by the Contract and payment of due and unpaid claims ansing thereunder. 1.29 STANDARD ABBREVIATIONS. A. ASTM B. AASHO. C. ASA D. API. E AWS. F. NEMA. G. EEI H. IES. I. UL J. AAI K. AWG. GC-3 American Society for Testing Materials. American Association of State Highway Officials. American Standards Association. American Petroleum Institute. American Welding Society. National Electrical Manufacturers Association. Edison Electric Institute. Illuminating Engineering Society. Underwriters Laboratory, Inc. American Association of Nurserymen. American Wire Gage. Page 8 L. BPR. The United States Bureau of Public Roads. M. IMSA International Municipal Signal Association. N. ITE. Institute of Traffic Engineers. O. NBFU. National Board of Fire Underwriters. P. NEC. National Electrical Code (Published by NBFU.) Q. AWWA. American Water Works Association. 1.30 WORK The Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, services, insurance, and all water, light, power, fuel, transportation and other facilities necessary for the execution and completion of the work covered by the Contract Documents. Unless otherwise specified, all material shall be new and both workmanship and materials shall be of a good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognized standards. 1.31 EXTRA WORK. The term "Extra Work" as used in this contract shall be understood to mean and include all work that may be required by the Engineer or Owner to be done by the Contractor to accomplish any change, alteration or addition to the work shown upon the plans or reasonably implied by the specifications, and not covered by the Contractor's Proposal, except as provided under "Changes and Alterations", herein. 1.32 SUPPLEMENTAL AGREEMENT. Written agreement entered into between the Contractor and the City and approved by the Surety, covering alterations and changes in plans which are necessary to the proper completion of the work. 2.00 AWARD AND EXECUTION OF CONTRACT 2.01 CONSIDERATION OF PROPOSALS. The proposals will be opened and read in public and referred to the City Council for action. Until the award of the Contract is made, the right will be reserved to reject any or all proposals and to waive such technicalities as may be considered for the best interest of the City. 2 02 AWARD OF CONTRACT. The award of the contract, if it be awarded, will be made within ten (10) days after the opening of bids unless otherwise stated in the proposal. 2.03 RETURN OF PROPOSAL GUARANTIES. Proposal guaranties of the three lowest bidders may be retained until after the contract and bonds have been executed. Proposal guaranties of all except the three lowest bidders will be returned within ten (10) days after the public opening and reading of the proposals. 2.04 EXECUTION OF CONTRACT PERFORMANCE AND PAYMENT/MAINTENANCE BONDS. Within ten (10) days after written notification of award of contract, the successful bidder shall execute and file with the City a Contract and Performance and GC-3 Page 9 Payment/Maintenance bonds each in the full amount of the Contract price, the bonds to be executed by a Surety Company authorized to do business in the State of Texas, as a guarantee of the faithful performance of the Contract and the payment of all obligations which may be incurred for material and labor used in the perfoiuiance of the work The Contract will be executed on behalf of the City by the Mayor. a. If any Surety upon any bond furnished in connection with the contract becomes insolvent, or otherwise not authorized to do business in this State, the Contractor shall promptly furnish equivalent security to protect the interests of the City and of persons supplying labor or materials necessary to prosecution of the work contemplated by the Contract. b. The bonds shall be written to remain in force until expiration of the guarantee period which is one (1) year after acceptance of the completed work by the City. The Contractor shall pay the premiums on the required bonds and shall include this cost in his proposal and Contract amounts. 2.05 FAILURE TO EXECUTE CONTRACT AND FILE PERFORMANCE AND PAYMENT BONDS. Should the successful bidder fail to execute and file the Contract and required bonds within fifteen (15) days after written notification of the award of the Contract, the Proposal Guaranty filed with the Proposal shall become the property of the City, not as a penalty, but as liquidated damages. 2.06 BEGINNING OF WORK. The Contractor shall begin work within ten (10) days after receipt of written authorization by the Engineer to do so. 2.07 INSURANCE The Contractor shall not commence work under this Contract until he has obtained insurance of the type and for the amounts as follows and has filed and had the same approved by the City. Approval of the insurance by the City shall not relieve or decrease the liability of the Contractor. (1) Unless otherwise provided for in the Specifications, the Contractor shall provide and maintain, until the work covered in this contract is completed and accepted by the Owner, the minimum insurance coverage, as follows: TYPE OF COVERAGE LIMITS OF LIABILITY A. Workmen's Compensation Statutory B. Employer's Liability $500,000 C. Comprehensive General Liability 1. Bodily Injury $1,000,000 $1,000,000 Each person Each Occurrence 2. Property Damage $1,000,000 $1,000,000 Each Occurrence Aggregate GC-5 Page 10 D. Comprehensive Automobile Liability 1. Bodily Injury $500,000 $500,000 Each person Each Occurrence 2. Property Damage $500,000 Each Occurrence E. Owner's Protective Liability Insurance Policy: The Contractor shall obtain at his expense an Owner's Protective Liability Insurance Policy naming the City of Pearland, Texas and its employees as insured with the following limits: 1. Bodily Injury 2. Property Damage $300,000 $500,000 Each person Each Occurrence $100,000 $300,000 Each Occurrence Aggregate The immunity of the Owner shall not be a defense from the insurance carrier. F. Builder's Risk Insurance: The contractor shall obtain at his expense Builder's Risk Insurance against the perils of fire, lightning, windstorm, hurricane, hail, explosion, riot, civil commotion, smoke, aircraft, land vehicles, vandalism and malicious mischief, in the amount of insurance equal at all times to the insurable value of the materials delivered and labor performed. The policy shall be issued jointly in the names of the Contractor, his Sub -Contractors and the Owner, as their interests may appear. The policy shall have endorsements as follows: 1. This insurance shall be specific as to coverage and not considered as contributing insurance with any permanent insurance maintained on the present premises. 2. Loss, if any, shall be adjustable with and payable to the Owner as Trustee for Whom It May Concern. (2) The certificates or evidences of insurance shall set forth that the insurance carrier will not cancel or materially alter the insurance until after ten (10) days written notice has been received by the Owner. 3.00 SCOPE OF WORK. 3.01 INTENT OF THE SPECIFICATIONS AND DRAWINGS. It is the intent of the Specifications and Drawings to describe the complete work to be performed under the Contract. Unless otherwise provided, it is also the intent that the Contractor shall furnish all materials, supplies, tools, equipment and labor necessary for the timely prosecution and completion of the Work. It GC-5 Page 11 is also understood that unless otherwise specified, all materials and equipment incorporated in the Work shall be new. 3.02 CHANGES AND ALTERATIONS. The Owner shall have the right to make such changes and alterations in the plans or in the quantities of the work as may be considered necessary or desirable, and such changes and alterations should not be considered as a waiver of any condition of the Contract, nor shall they invalidate any of the provisions thereof. The Contractor shall perform the work as increased or decreased and a proper adjustment in price shall be made as provided in paragraph 8.03. When such changes and alterations increase or decrease the quantity of the unit price items of the work by more than twenty percent (20%), then either party to the Contract, upon demand, shall be entitled to a revised consideration upon that portion of the work. Changes or alterations shall be made only on written authorization of the Engineer. 3.03 FINAL CLEAN UP. Upon completion of the work and before acceptance and final payment is made, the Contractor shall remove all rubbish and temporary structures, restore in an acceptable manner all property both public and private, which has been damaged during the prosecution of the work and leave the site of the work in a neat and presentable condition throughout. 4.00 CONTROL OF THE WORK 4.01 AUTHORITY OF THE ENGINEER. The work will be done under the inspection of the Engineer to his satisfaction, and in accordance with the proposal, contract, specifications and drawings. He will decide all questions which may arise as to the quality of acceptability of materials furnished and work performed, the manner of performance and rate of progress of the work, the interpretations of the specifications and drawings and the acceptable fulfillment of the Contract on the part of the Contractor. Where the phrase as directed by the Engineer", "ordered by the Engineer', or' to the satisfaction of the Engineer occurs it is to be understood that the directions, orders, or instructions to which they relate are within the limitations of the Contract documents. 4.02 DRAWINGS. Drawings will show the lines, grades, cross -sections details and general features. The Contractor shall submit to the Engineer, with such promptness as to cause no delay in his own work or in that of and other Contractor, five copies, unless otherwise, specified, of all shop and/or setting drawings and schedules required for the work, and the Engineer shall pass upon them with reasonable promptness, making necessary corrections. The Contractor shall make any corrections required by the Engineer, file with him two corrected copies and furnish such other copies as may be needed. The Engineer's approval of such drawings or schedules shall not relieve the Contractor from responsibility for deviations from drawings or specifications, unless he has in writing called the Engineer's attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. 4.03 COORDINATION OF SPECIFICATIONS AND DRAWINGS. The Specifications and the accompanying drawings, are essential parts of the Contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be cooperative and to provide for a complete GC-6 Page 12 work. In cases of disagreement, figured dimensions shall govern over scaled dimensions, detailed drawings shall govern over general drawings, specifications shall govern over drawings, and special provisions shall govern over specifications, drawings, and general provisions. 4.04 COOPERATION OF CONTRACTOR. The Contractor will be supplied with as many copies of the specifications and drawings as he may require and he shall have available on the job site at all times one copy of each. He shall give the work his constant attention to facilitate the progress thereof and shall cooperate with the Engineer. He shall have at all times a satisfactory and competent Superintendent on the job site, authorized to receive instructions and to act for him. The Contractor shall designate to the Engineer the name of such Superintendent. 4.05 CONSTRUCTION STAKES. The Engineer will furnish vertical and horizontal baseline control for the work, and will furnish the Contractor with all necessary information relating to them. These marks will be set sufficiently in advance of the work to avoid delay. The Contractor will use all reasonable care to protect and preserve any stakes and bench marks, and is responsible for all offsets, locating elevations and dimensions to position his works. 4.06 INSPECTION. The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the work as Performed is in accordance with the requirements and intent of the specifications drawings and Contract. If the Engineer so requests, the Contractor shall at any time before acceptance of the work remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portion of the work to the standard required by the Specifications. Should the work thus exposed or examined prove acceptable, the Contractor shall be paid as provided in Paragraph 1.31 for the uncovering, removing, and restoration of the work but should the work so exposed or examined prove unacceptable, the uncovering or removing and the restoration of the parts removed shall be at the Contractor s expense. No work shall be done without suitable inspection. 4.07 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK. All work which has been rej ected shall be remedied or removed and replaced in an acceptable manner by the Contractor at his own expense. Work done beyond the lines and grades given or as shown on the plans, except as herein Provided, or any work done without authority will be considered as unauthorized and done at the expense of the Contractor and will not be paid for. Work so done may be ordered removed at the Contractor's expense. 5.00 CONTROL OF MATERIALS AND QUALITY OF WORK 5.01 SOURCES OF SUPPLY. The sources of supply of materials shall be approved by the Engineer Representative samples of the materials proposed for use in the work will be submitted, when requested in writing by the Engineer, for examination and testing in accordance with the methods referred to under Paragraph 5.02. Only materials conforming to the requirements of these specifications and approved by the Engineer shall be used in the work. If the sources of supply which have been GC-7 Page 13 approved do not furnish a uniform product, or if the product from any source proves unacceptable at any time, the Contractor shall furnish acceptable materials from some other approved source. 5.02 SAMPLES AND TESTS OR MATERIALS. Sampling and Testing of all materials proposed to be used will be made by the Engineer in accordance with methods prescribed by the A.S.T.M. or as prescribed in the Specifications The selection of the method of test shall be as designated by the Engineer. The Contractor shall provide such facilities as may be required for the verification of scales, measures, and other devices used for Specified sampling and testing. All testing of materials for which the Owner or the Specifications and/or Drawings require tests to determine compliance with the requirements shall be accomplished at the Owner's expense. The Owner may at any time request test specimens of various materials. The test specimens shall be furnished by the Contractor and tests will be made by the Owner at the expense of the Owner. When directed by the Owner, material compliances with the specifications shall be made by one of the following: A. Manufacturer's certificate of compliance. B. Mill certificate. C. Testing laboratory certifications. D. Report of actual laboratory test from the Owner's laboratory or from a laboratory satisfactory to the Owner. Samples tested shall be selected by or in the presence of the Owner and the method of testing shall comply with the professional societies' standard specifications. 5.03 INSPECTION AND TESTING OF EQUIPMENT OR COMPLETED PORTIONS OF WORK If inspection and testing of equipment and completed portions of the work for approval is required by the Contract Documents, the Contractor shall give the Engineer notice of readiness and a time and date shall be arranged for the Engineer to observe such inspection and testing. The Contractor shall bear all costs of such inspection and testing. 5.04 INSPECTION AND TESTING OF EQUIPMENT AND WORK SUSPECTED OF BEING DEFICIENT. If after commencement of the work, the Engineer determines that any equipment or portion of the work completed requires inspection or testing because of suspected deficiency in workmanship or general conformity to the Plans and Specifications, he will inform the Contractor and order such special inspection or testing. If such special inspection or testing reveals a failure of the work to comply with the requirements of the Specifications or Plans, the Contractor shall bear all costs thereof made necessary by such failure, otherwise the Owner shall bear such costs. 5.05 STORAGE OF MATERIALS. Materials shall be stored so as to insure the preservation of their quality and fitness for the work. GC-8 Page 14 5.06 DEFECTIVE MATERIALS. All materials not conforming to the requirements of these specifications will be rejected and shall be removed immediately from the site of the work. Rejected materials, the defects of which have been subsequently corrected, shall have the status of new material. 6.00 LEGAL RELATIONS AND RESPONSIBILITIES. 6.01 LAWS TO BE OBSERVED. The Contractor shall make himself familiar with and at all times shall observe and comply with all Federal, State and Local Laws, ordinances and regulations which in any manner affect the conduct of the work, and shall indemnify and save harmless the Owner and its Representatives against any claim arising from the violation of any such law, ordinance or regulation, whether by himself or by his employees. 6.02 PERMITS AND LICENSES No building permits will be required for work on the Owner's property. The Contractor shall procure any other permits or licenses pay any other charges and fees, arrange for and furnish all notices necessary to the closing of any street or sidewalk, and give all notices necessary and incident to the due and lawful prosecution of the work. 6.03 SANITARY PROVISIONS. The Contractor shall, at his entire expense, provide and maintain in a neat sanitary condition such sanitary facilities for the use of his employees as may be necessary to comply,with the requirements and regulations of the State Department of Health or of other authorities having jurisdiction. The location and design of such facilities shall be approved by the Engineer. 6.04 PATENTED DEVICES AND PROCESSES. If the Contractor is required or desires to use any devices or processes covered by letters patent or copyrighted, he shall provide for such use by suitable legal agreement with the patentee or Owner. The Contractor shall indemnity and save harmless the Owner from any and all claims for infringement by reason of the use of any patented device or process or any trademark or copyright used in connection with the work agreed to be performed under the contract. 6.05 RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall save harmless the Owner and its employees from all suits, actions or claims brought on account of any injuries or damages sustained by any person or property in consequence of any neglect in safeguarding the work by the Contractor; or on account of any claims or amounts recovered for any infringement or patent, trade- mark, or copyright, except as herein elsewhere specifically provided; or from any claims or amounts arising or recovered under the 'Workmen's Compensation Law" or any other laws. He shall be responsible for all damage or injury to property of any character occurring during the prosecution of the work resulting from any act, omission, neglect, or misconduct on his part or on the part of any of his employees, in the manner or method of executing the work; or from his failure to execute the work properly; or from defective work or materials. He shall not be released from such responsibility until all claims have been settled and suitable evidence to that effect furnished to the Owner. GC-9 Page 15 6.06 CONTRACTOR'S RESPONSIBILITY FOR WORK Until the acceptance of the work by the Engineer as evidenced in writing, it shall be under the charge and care of the Contractor. The Contractor shall rebuild and make good at his own expense all injuries and damages to the work occurring before its completion and acceptance. In case of suspension of work for any cause, the Contractor shall be held responsible for the preservation of all materials. 6.07 WAIVER OR LIEN. It is distinctly understood that by virtue of this Contract, no mechanic, contractor, subcontractor, supplier, material man, artisan, or laborer, whether skilled or unskilled shall ever in any manner have claim, or acquire any lien upon the improvements of whatever nature or kind so erected or to be erected by virtue of this Contract nor upon any of the land upon which improvements are so erected, built or situated. 7.00 PROSECUTION AND PROGRESS 7.01 SUBLETTING OR ASSIGNING OF CONTRACT. The Contractor will not be permitted to assign, sell, transfer, or otherwise dispose of the Contract or any portion thereof, or his rights, title or interest therein, without the approval of the Owner. The Contractor will not be peiinitted to sublet any portion of the Contract without the approval of the Engineer and Owner In any case, no subcontract will relieve the Contractor of his responsibility under the Contract. 7.02 PROSECUTION OF WORK Prior to beginning construction operations the Contractor shall submit to the Engineer a schedule or brief outlining the manner of prosecution of the work that he intends to follow in order to complete the Contract within the allotted time The Contractor shall also furnish the Engineer a breakdown of Contract work items and costs for use in making the monthly progress estimates. The Contractor shall begin the work as required in paragraph 2.06 and shall continuously prosecute same with such diligence as will enable him to complete the work within the time limit set He shall notify the Engineer at least twenty-four hours before beginning work at any point. He shall not open up work to the detriment of work already begun. The beginning, sequence and prosecution of the work shall be subject to acceptance by the Engineer, and the Contractor shall conduct his operations so as to impose a minimum of interference to the necessary activities by the Owner. 7.03 WORKMEN AND EQUIPMENT. All workmen employed by the Contractor shall have such skill and experience as will enable them to perform properly the duties assigned to them. Any person employed by the Contractor who, in the opinion of the Engineer, does not perform his work in a proper and skillful manner, or who is disrespectful, intemperate, disorderly, or otherwise objectionable, shall at the written request of the Engineer be removed from the Project and shall not be employed again on any portion of the work without the written consent of the Engineer. The Contractor shall furnish such suitable machinery, equipment, and construction forces as may be necessary, in the opinion of the Engineer, for the proper prosecution of the work. 7.04 TEMPORARY SUSPENSION OF WORK The Engineer will have authority to suspend the work wholly or in part, for such period as he may consider necessary and each day of such suspension shall be considered an extended day. Notice of such suspension with the reasons therefore GC-10 Page 16 will be given the Contractor in writing. The Contractor shall not suspend work without the written authority of the Engineer. If the suspension is for the convenience of the Owner and causes the Contractor extra expense, the Contractor will be reimbursed for his actual additional expense without profit. 7.05 CONTRACT TIME. The Contractor shall complete the work within the number of consecutive calendar days stated in the proposal plus any extended days. Contract time will begin upon the written authorization by the Engineer to begin work. Extended days, as defined in paragraph 1.13 will be allowed the Contractor when the Owner determines that completion of the principal units of work was delayed as a result of: Unforeseeable causes beyond the control and without fault or negligence of the Contractor, Subcontractors or suppliers, including but not restricted to, acts of God, the public enemy, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and severe weather. 7.06 LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME. The time of completion is the essence of this contract For each calendar day that any work shall remain uncompleted after the time specified in the proposal and the contract, or the increased time granted by the Owner, or as equitably increased by additional work or materials ordered after the contract is signed, the sum per day given in the following schedule, unless otherwise specified in the special provisions, shall be deducted from the monies due the Contractor: AMOUNT OF CONTRACT AMOUNT OF LIQUIDATED DAMAGES Less than $5,000.00 $5,000.00 to 14,999.99 15,000.00 to 24,999.99 25,000.00 to 49,999.99 50,000 00 to 99,999.99 100,000.00 to 1,000,000.00 More than 1,000,000.00 $60.00 per day 80 00 per day 100.00 per day 120.00 per day 160.00 per day 240.00 per day 500.00 per day The sum of money thus deducted for such delay, failure or noncompletion is not to be considered as a penalty, but shall be deemed, taken and treated as reasonable liquidated damages, per calendar day that the Contractor shall be in default after the time stipulated in the contract for completing the work The said amounts are fixed and agreed upon by and between Owner and Contractor because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner in such event would sustain; and said amounts are agreed to be the amounts of damages which the Owner would sustain and which shall be retained from the monies due, or that may become due, the Contractor under this contract; and if said monies be insufficient to cover the amount owing, then the CONTRACTOR or his surety shall pay any additional amounts due. GC-11 Page 17 7.07 ABANDONMENT OF WORK OR DEFAULT OF CONTRACT. If the Contractor fails to begin or complete the work within the time specified; or fails to perform the work with sufficient workmen and equipment or shall perform the work unsuitably; or shall neglect or refuse to remove materials or perform anew such work as may have been rejected as being defective or unsuitable; or shall discontinue the prosecution of the work without authority; or shall become insolvent or be declared bankrupt; or shall commit any act of insolvency or bankruptcy; or shall make an unauthorized assignment for the benefit of any creditor; or for any other cause whatsoever shall not carry on the work in an acceptable manner, the Engineer may give written notice to the Contractor and his Surety of such delay, neglect, or default, specifying same If the Contractor within a period of ten (10) days after such notice shall not proceed to correct and remedy the conditions specified then the Owner shall give written notice of default to the Surety Company issuing the performance bond under paragraph 2 04 herein and said Surety Company shall then assume full responsibility for completion of the contract in an acceptable manner and in fulfillment of the Contract. 8.00 MEASUREMENT AND PAYMENT 8.01 MEASUREMENT OF QUANTITIES. All work completed under the contract will be measured by the Engineer. 8.02 SCOPE OF PAYMENT. The Contractor shall accept the compensation, as provided in the Contract, in full payment for furnishing all materials, supplies, labor, tools, and equipment necessary to complete the work under the contract; for any loss or damage which may arise from the nature of the work, from the action of the elements or from any unforeseen difficulties which may be encountered during the prosecution of the work, until the final acceptance by the Owner except where such damage is clearly shown to be due to inadequate design and not to improper prosecution of the work; for all risks of every description connected with the prosecution of the work, for all expenses incurred in con- sequence of the suspension or discontinuance of the work as herein specified; for any infringement of patent, trademark, or copyright; and for completing the work according to the specifications and drawings. The payment of any current or partial estimate shall in no way affect the obligation of the Contractor to repair or renew at his own cost, any defective parts of the construction, or to replace any defective materials used in the construction and to be responsible for all damages due to such defects if such defects or damages are discovered on or before the final inspection and acceptance of the work. 8.03 ADJUSTMENTS FOR CHANGES IN WORK. No change in the work shall be made without having prior written approval of the Owner. Charges or credits for the work covered by the approved change shall be determined by one or a combination of the following methods: 1. Unit prices previously approved. (1) Increases and Decreases in Quantity of Work. The Engineer will have the right to increase or decrease the quantities of the work, as maybe considered necessary or desirable. Such increases or decreases shall not be considered as a waiver of any condition of the contract, nor shall they invalidate any of the provisions thereof. GC-13 Page 18 The Contractor shall perform the work as increased or decreased. Payment to the Contractor for contract items will be made for the actual quantities of work done or material furnished at the unit prices set forth in the contract, except as provided for changes in the character of the work and except as provided for overruns and underruns of major items. A major item is defined as any individual bid item included in the proposal that has a total cost equal to or greater than 5 percent of the original contract or $100,000.00, whichever is less. When the quantity of work to be done or the quantity of material to be furnished under any major item of the contract is more than 125 percent of the quantity stated in the proposal, then either party to the contract, upon demand, shall be entitled to revised consideration on that portion of work above 125 percent of the quantity stated in the proposal. When the final quantity of work done under any major item of the contract is less than 80 percent of the quantity stated in the proposal, the adjusted unit price to apply to the final quantity of work performed under the item will be determined by multiplying the unit bid price by the factor obtained from Table I. In no instance shall the product of the adjusted price and the final quantity of work exceed the product of the original contract unit pnce and 80 percent of the original contract quantity, and in no instance will the unit price be adjusted to more than 125 percent of the original contract unit price. TABLE I %DECREASE FACTOR %DECREASE FACTOR 20-24 1.01 60 1.13 25-28 1.02 61 1.14 29-32 1.03 62 1.15 33-35 1.04 63 1.16 36-38 1.05 64 1.17 39-41 1.06 65 1.18 42-44 1.07 66 1.19 45-47 1.08 67 1.20 48 50 1.09 68 1.21 51-53 1.10 69 1.22 54-56 1.11 70 1.23 57-59 1.12 71 1.24 72 and over 1.25 GC-13 Page 19 2. Force Account - If the change is ordered to be performed on a Force Account basis, payment will be made as follows: (1) The actual cost of a. Labor, including foremen. b. Materials entering permanently into the work. c. The ownership or rental cost of equipment during the time of use on the extra work. d. Power and consumable supplies for the operation of power equipment. e. Insurance and Social Security and old age and unemployment contributions. (2) To the cost under (1) above there will be added a sum equal to, fifteen percent (15%) of the actual cost of the work The fee shall be Compensation to cover the cost of supervision, overhead, the use of small tool, bond, profit and any other general expenses. (3) In the event the change is done by subcontract, the fifteen percent (15%) established in paragraph (2) shall be divided between the Contractor and Subcontractor or Subcontractors with five percent (5%) being apportioned to the Contractor and ten percent (10%) being apportioned to the Subcontractor unless some other division of the fifteen percent (15%) is stipulated in the Subcontract Agreement. 3. Supplemental Agreement. If a supplemental agreement is entered into it shall in general be based on agreed estimated cost for the items listed in paragraph (1) and (2) above. 4. An agreed Price. This method will be used only at the option of the Owner. 8.04 PARTIAL PAYMENT. The Engineer once each month will make an approximate estimate in writing of the materials in place and the amount of work performed and the value thereof. From the total amount so ascertained will be deducted ten percent (10%) to be retained until after the completion and acceptance of the entire work. In addition to be above upon presentation of copies of invoices, an estimate shall be made for payment of mnty percent (90%) of the value of acceptable, nonperishable materials which are to be incorporated in the work and which have been delivered at the site of the work and have not yet been incorporated in the work. 8.05 PAYMENT WITHHELD In addition to express provisions elsewhere contained in the contract, the Owner may withhold from any payment otherwise due the Contractor such amount as determined necessary to protect the Owner's interest, or, if it so elects, may withhold or retain all or a portion of any progress payment or refund payment on account of: GC-14 Page 20 control; claims; (a) unsatisfactory progress of the work not caused by conditions beyond the Contractor's (b) defective work not corrected; (c) Contractor's failure to carry out instructions or orders of the Owner or his representative; (d) a reasonable doubt that the contract can be completed for the balance then unpaid; (e) work or execution thereof not in accordance with the contract documents; (f) claim filed by or against the Contractor or reasonable evidence indicating probable filing of (g) failure of the Contractor to make payments to subcontractor or for material or labor; (h) damage to another contractor; (i) unsafe working conditions allowed to persist by the Contractor; failure of the Contractor to provide work schedules as required by the Owner; (k) use of subcontractors without the Engineer's approval; or (1) failure of the Contractor to keep current As Built record drawings at the job site, or to turn same over in. completed form to the Owner. When the above grounds are removed payment shall be made for amounts withheld because of them, and Owner shall never be liable for interest on any delayed or late payment. 8.06 ACCEPTANCE AND FINAL PAYMENT. When the work provided for in the contract shall have been completed by the Contractor and all parts of the work have been approved and accepted by the Engineer, a final estimate showing the amount of the work and the amount due the Contractor under the contract will be prepared by the Engineer. The amount of the final estimate, less any sums previously paid under the contract will be paid to the Contractor. 9.00 GUARANTEE 9.01 GUARANTEE. The Contractor, before final payment is made, shall furnish to the Owner a One (1) Year Maintenance Bond in the amount of one hundred percent (100%) of the construction cost to insure that the work performed under the Contract is free from faulty materials and workmanship and will remain free from faulty materials and workmanship for a period of one year from the date of acceptance by the Owner. Neither the final payment on the Contract by the Owner nor any GC-15 Page 21 provision in the Contract or Specifications shall relieve the Contractor of responsibility for faulty materials or workmanship and, unless otherwise specified, he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one year from date of acceptance of the work. If the Contractor fails to correct defects covered in the Contract and guarantee within thirty (30) days from receiving written notice of such defects, the Owner shall give written notice to the Surety Company issuing the Maintenance Bond and said Surety Company shall then assume full responsibility for correction of the defects in an acceptable manner and in fulfillment of the guaranteed portion of the Contract. GC-16 Page 22 TABLE OF CONTENTS FOR SPECIAL CONDITIONS 1. DEFINITION OF TERMS 1.01 ENGINEER SC-1 1.02 SUBCONTRACTOR SC-1 2. AWARD AND EXECUTION OF CONTRACT 2.04 EXECUTION OF CONTRACT, (ETC) SC-1 4. CONTROL OF THE WORK 4.01 AUTHORITY OF THE ENGINEER SC-1 4.05 CONSTRUCTION CONTROL SC-1 6. LEGAL RELATIONS AND RESPONSIBILITIES 6.01 LAWS TO BE OBSERVED ADD REPRODUCED TEXT OF PREAMBLE AND 28 TAC §110.110 SC-1-12 7. PROSECUTION AND PROGRESS 7.05 CONTRACT TIME SC-13 7.06 LIQUIDATED DAMAGES SC-13 8. MEASUREMENT AND PAYMENT 8.04 PARTIAL PAYMENT.. SC-13 T-1 Page 23 SPECIAL CONDITIONS 1.00 DEFINITION OF TERMS. 1.01 ENGINEER. Freese & Nichols, Inc. — Tedsi Infrastructure Group 1.02 CITY ENGINEER. The City Engineer of the City of Pearland, Texas or his authorized representatives. 1.03 CITY INSPECTOR. The City Inspector of the City of Pearland, Texas or his authorized representatives. 2.00 AWARDS AND EXECUTION OF CONTRACT 2.04 EXECUTION OF CONTRACT PERFORMANCE AND PAYMENT/MAINTENANCE OF BOND. The contract and all change orders thereto shall be executed by the City Manager, acting on the authority of the City Council of the City of Pearland. 4.00 CONTROL OF THE WORK. 4.01 AUTHORITY OF THE ENGINEER. The work will be done under the inspection of the Engineer to his satisfaction, and in accordance with the proposal, contract, specifications and drawings. He will decide all questions which may arise as to the quality of acceptability of materials furnished and work perfonmed, the manner of performance and rate of progress of the work, the interpretations of the specifications and drawings, and the acceptable fulfillment of the Contract on the part of the Contractor. Where the phrase "as directed by the Engineer", "ordered by the Engineer', or "to the satisfaction of the Engineer" occurs it is to be understood that the directions, orders, or instructions to which they relate are within the limitations of the Contract documents. In no case shall the term "inspection" imply or mean "supervision." 4.05 CONSTRUCTION CONTROL Where needed for control purposes, the Engineer will confirm or locate street R.O.W. property lines. 6.00 LAWS TO BE OBSERVED 6.01 PREAMBLE TO RULE 110.110. The Texas Workers' Compensation Commission adopts new §110.110, concerning requirements for governmental entities awarding a contract for a building or construction project, and for persons providing services on a building or construction project for a governmental entity The new rule is adopted with changes to the proposed text published in the April 26, 1994 issue of the Texas Register (19 TexReg 3131). Subsections (a)(7) and (c)(7) were amended by adding language to further clarify who is covered by the rule. Subsections (c)(7)(J) and (e)(3) were added to clarify that a contractor or subcontractor is representing to the governmental entity T-1 Page 24 that workers' compensation coverage is provided. Subsections (d)(8)(C) and (e)(8)(C) were added to require specific language regarding representions of coverage to be added to contracts to provide services on the project. Subsections (c)(7)(F), and (c)(7)(I)(5), (d)(5) (d)(8)(F), (e)(6), and (e)(8)(F) were amended to reduce the retention period for contractors and other persons providing services on the project from three years to one year. Subsection (g) was changed to state that this rule applies to contract advertised for bid after September 1, 1994, rather than awarded after September 1, 1994. The Texas Labor Code, §406.096, requires workers' compensation insurance coverage for all persons providing services on a building or construction project for a governmental entity. The commission is aware that this statutory requirement is not being met, and this rule is designed to achieve compliance and to implement a recordkeeping process which will enable oversight of compliance. The rule does this by placing requirements on the governmental entity and on contractors and other persons providing services on a project. These requirements include coverage, certificates of coverage, posted notices of coverage, and notification of changes in coverage status. The rule does not create any duty or burden on anyone which the law does not establish. The rule defines terms which apply to governmental entity building or construction projects and sets up a clear procedure for governmental entities and contractors that bid for building and construction projects to follow in complying with the requirements of the Texas Labor Code, §406.096. It also defines statute and the rule. It specifically excludes persons such as food/beverage vendors whose deliveries and labor are not permanently incorporated into the project. The rule puts persons on notice that providing false or misleading certificates of coverage, or failing to provide or maintain required coverage, or failing to report any change that materially affects the provision of coverage may subject the contractor or other persons providing services on the project to administrative penalties, civil penalties, or other civil actions. The rule requires a governmental entity to timely obtain certificates of coverage, retain them for the duration of the project plus three years, and provide them to the commission upon request and to others entitled to them by law It also requires the governmental entity as a prerequisite to awarding a contract, and as part of the contract, to require that the contractor: provide coverage and certificates of coverage for the contractor's employees; timely obtain and provide the governmental entity all required certificates of coverage for all persons providing services on the project; retain certificates of coverage on file for the duration of the project and for one year thereafter; notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; post notices on each project site; and contractually require persons with whom it contracts to do the same, with the certificates of coverage to be provided to the person for whom they are providing services. The rule also sets out the language to be included in bid specifications and in contracts awarded by a governmental entity and the information required to be in the posted notice to employees. It further establishes a method fot obtaining the certificates from persons providing services on the project and providing them to the governmental entity. SC-2 Page 25 It requires a contractor awarded a building or construction contract to: provide workers' compensation coverage to the contractor's employees for the duration of the project; file a certificate of coverage of the contractor's employees with the governmental entity prior to being awarded a contract; obtain and provide to the governmental entity; certificates of coverage from each other person with whom it has contracted to provide services on the project, prior to that person beginning work on the project; obtain and provide new certificates of coverage shown on the current certificate ends during the duration of the project; retain all certificates of coverage for the duration of the project and for one year thereafter; notify the governmental entity of material changes in coverage; contractually require each other person with whom it contracts to provide a certificate of coverage; and post notices on each project site. All other persons providing services on a project have the same requirements as a contractor with the exception of posting notices and with the exception that the certificate of coverage is given to the person for whom they contracted to provide services on the project. The rule uses the term "persons providing services on the project' in lieu of the statutory term "subcontractor" because the term 'subcontractor" as used in the statue (§406.096) and in this rule is broader than standard industry usage. The use of the different terminology will prevent confusion. The rule does not create any duty or burden on anyone which the law does not establish. The new rule is adopted under the Texas Labor Code, §402.061, which authorizes the commission to adopt rules necessary to administer the Act, and Texas Labor Code, §406.096, which establishes requirements for governmental entities, contractors, and subcontractors ("persons providing services on the project") regarding workers' compensation coverage for workers on public building or construction projects. Rule 110.110 - Reporting Requirements for Building or Construction Projects for Governmental Entities (a) The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this rule shall have the meaning defined in the Texas Labor Code, if so defined. (1) Certificate of coverage ("certificate")- A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees (including those subject to a coverage agreement) providing services on a project, for the duration of the project. (2) Building or construction - Has the meaning defined in the Texas Labor Code, §406.096(e)(1). (3) Contractor - A person bidding for or awarded a building or construction project by a governmental entity. SC-3 Page 26 (4) Coverage - Workers' compensation insurance meeting the statutory requirements of the Texas Labor Code, §401.011(44). Coverage agreement - A written agreement on form TWCC-81, form TWCC-82, form TWCC-83, or form TWCC-84, filed with the Texas Workers' Compensation Commission which establishes a relationship between the parties for purposes of the Wokers' Compensation Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G as one of employer/employee and establishes who will be responsible for providing workers' compensation coverage for persons providing services on the project. (6) Duration of the project - Includes the time from the beginning of work on the project until the work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096 of the Act) - Includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes but is not limited to independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity furnishing persons to perform services on the project. "Services" includes but is not limited to providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services' does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. (8) Project - Includes the provision of all services related to a building or construction contract for a governmental entity. (b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a representation by the insured that all employees of the insured who are providing services on the project are covered by workers' compensation coverage, that the coverage is based on proper reporting of classification codes and payroll amounts, and that all coverage agreements have been filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission s Division of Self -Insurance Regulation. Providing false or misleading certificates of coverage, or failing to provide or maintain required coverage or failing to report any change that materially affects the provision of coverage may subject the contractor or other person providing services on the project to administrative penalties, criminal penalties, civil penalties, or other civil actions. (5) (7) (c) A governmental entity that enters into a building or construction contract on a project shall: SC-3 Page 27 (1) include in the bid specifications, all the provisions of subsection (d) of this rule, using the language required by paragraph (7) of this subsection; (2) as part of the contract, using the language required by paragraph (7) of this subsection, require the contractor to perform as required in subsection (d) of this rule; obtain from the contractor a certificate of coverage for each person providing services of the project, prior to that person beginning work on the project; (4) obtain from the contractor a new certificate of coverage showing extension of coverage: (A) before the end of the current coverage period, if the contractor's current certificate of coverage shows that the coverage period ends during the duration of the project; and (B) no later than seven days after the expiration of the coverage for each other person providing services on the project whose current certificate shows that the coverage period ends during the duration of the project; (5) retain certificates of coverage on file for the duration of the project and for three years thereafter; (3) (6) provide a copy of the certificates of coverage to the commission upon request and to any person entitled to them by law; and (7) use the following language for bid specifications and contracts, without any additional words or changes, except those required to accommodate the specific document in which they are contained or to impose stricter standards of documentation in Figure 1: (Figure 1) Article . Workers' Compensation Insurance Coverage. A. Definitions: Certificate of coverage ("certificate")- A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83 or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. SC-4 Page 28 Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. ' Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services' does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. SC-5 Page 29 G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. I. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: (1) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the proj ect; (3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (4) obtain from each other person with whom it contracts, and provide to the contractor: (a) a certificate of coverage, prior to the other person beginning work on the project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any SC-6 Page 30 change that materially affects the provision of coverage of any person providing services on the project; and (7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self - insured, with the commissions' Division of Self -Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. (d) A contractor shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage showing workers' compensation coverage to the governmental entity prior to beginning work on the project; (3) provide the governmental entity, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project; (4) obtain from each person providing services on a project, and provide to the governmental entity: (A) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and SC-7 Page 31 (B) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Act or other commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text in Figure 2 provided by the commission on the sample notice, without any additional words or changes: (7) (8) (Figure 2) REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or material, or providing labor or transportation or their service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at 512-440-3789 to receive information on the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." contractually require each person with whom it contracts to provide services on a project, to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; SC-8 Page 32 (B) provide a certificate of coverage to the contractor prior to that person beginning work on the project; (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this rule* (D) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person with whom it contracts, and provide to the contractor: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter* (G) notify the governmental entity in writing by certified mail or personal delivery within 10 days after the person knew or should have known, of any change that materially affects the provisions of coverage of any person providing services on the project; and (H) contractually require each other person with whom it contracts, to perform as required by paragraphs (A)-(H), with the certificate of coverage to be provided to the person for whom they are providing services. (e) A person providing services on a project, other than a contractor, shall: (1) provide coverage for its employees providing services on a project, for the duration of the project based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements; (2) provide a certificate of coverage as required by its contract to provide services on the project, prior to beginning work on the project; have the following language in its contract to provide services on the project: (3) SC-9 Page 33 'By signing this contract or providing or causing to be provided a certificate of coverage, the person signing this contract is representing to the governmental entity that all employees of the person signing this contract who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage agreements will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission s Division of Self - Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions." (4) provide the person for whom it is providing services on the project, prior to the end of the coverage period shown on its current certificate of coverage, a new certificate showing extension of coverage, if the coverage period shown on the certificate of coverage ends during the duration of the project; obtain from each person providing services on a project under contract to it, and provide as required by its contract: (A) a certificate of coverage, prior to the other person beginning work on the project, and (B) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (6) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (7) notify the governmental entity in writing by certified mail or personal delivery, of any change that materially affects the provision of coverage of any person providing services on the project and send the notice within 10 days after the person knew or should have known of the change; and (5) (8) contractually require each other person with whom it contracts to: (A) provide coverage based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements for all of its employees providing services on the project, for the duration of the project; (B) provide a certificate of coverage to it prior to that other person beginning work on the project; SC -to Page 34 (f) (g) (C) include in all contracts to provide services on the project the language in subsection (e)(3) of this rule; (D) provide, prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (E) obtain from each other person under contract to it to provide services on the project, and provide as required by its contract: (i) a certificate of coverage, prior to the other person beginning work on the project; and (ii) prior to the end of the coverage period, a new certificate of coverage showing extension of the coverage period if the coverage period shown on the current certificate of coverage ends during the duration of the contract; (F) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (G) notify the governmental entity in writing by certified mail or personal delivery within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (H) contractually require each person with whom it contracts, to perform as required by paragraphs (A)-(H), with the certificate of coverage to be provided to the person for whom they are providing services. If any provision of this rule or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this rule that can be given effect without the invalid provision or application, and to this end the provisions of this rule are declared to be severable. This rule is applicable for building or construction contracts advertised for bid by a governmental entity on or after September 1, 1994. Effective Date: September 1, 1994 SC-11 Page 35 7.00 PROSECUTION AND PROGRESS 7 05 CONTRACT TIME. Contract time is 45 calendar days for substantial completion and 60 days to be fully complete. A `calendar day" is defined as being each and every single elapsed day, without regard to holidays, inclement weather, day of the week, or any other contingency All time worked on holidays and other than 7:30 a.m. - 4:30 p.m. Monday through Friday will be overtime hours. Contractor shall pay all inspection costs for overtime work by City personnel created by Contractor's choice to work other than normal hours. No work will be allowed on Sundays. This contract time as defined in this proposal and other sections of the contract documents includes a certain number of rain days. Based on the Alvin Weather Center records, the average annual rain days from June,1898 to December, 1996 is 40 days calculated from all precipitation days of record. Contractor is required to keep record of rain days at the site. Record of rain days must be accepted and signed off by the City Inspector monthly and it shall be reported on the monthly pay estimate submittals. At the end of contract, Contractor will be credited only the number of accepted rain days that exceed 40 rain days per year, or any proportionate fraction thereof. 7.06 LIQUIDATED DAMAGES Liquidated damages for the entire project shall be $240.00 per calendar day. 8.00 PARTIAL PAYMENT 8.04 PARTIAL PAYMENT. Retainage shall be ten percent (10 %) of amount due until after completion of work. SC-12 Page 36 SPECIAL PROVISION TO ITEM 1 1993 TXDOT STANDARD SPECIFICATIONS DEFINITION OF TERMS For this project, Item 1, "Definition of Terms", of the TxDOT Standard Specifications is hereby amended with respect to the clauses cited below and no other clauses or requirements of this Item are waived or changed hereby. Article 1.4. Bidder is voided and replaced by the following: 1.4. Bidder. An individual, partnership, limited liability company, corporation or any combination thereof submitting a proposal. Article 1.6. Certificate of Insurance is voided and replaced by the following: 1.6. Certificate of Insurance. The bonding company's standard form covering the requirements stated in the contract. Article 1.7. Commission is voided and replaced by the following* 1.7. Owner. The City of Pearland, Texas. Article 1.14. Contract is voided and replaced by the following: 1.14. Contract. The agreement between the City and the Contractor covering the furnishing of materials and performance of the work. The contract will include, but not be hmited to the Plans, Standard Specification incorporated by reference, Special Provisions, Special Specifications, Contract Bonds, Supplemental Agreements and Change Orders. Article 1.20. Department is voided and replaced by the following: 1.20. Owner. The City of Pearland, Texas. 1/3 Article 1.22. Engineers is voided and replaced by the following: 1.22. Engineer. Freese & Nichols, Inc. Article 1.33 Letting Official is voided and replaced by the following: 1 33 Letting Official. City Manager or City employee empowered by the City Manager to officially close the receipt of bids at an advertised letting. Article 1.60. State is voided and replaced by the following: 1.60. City. The City of Pearland, Party of the First Part Article 1.65. Supplemental Agreements is supplemented by the following: A supplemental agreement will be used by the City whenever the modifications include: (1) assignment of the contract from one entity to another, (2) change the name of the contractor, (3) an agreement with the surety to complete a defaulted contract, or (4) other cases desired by the City. Article 1.72. Working Day is voided and replaced by the following: 1.72 Working Day. A working day is defined as a calendar day, including Saturdays, Sundays and holidays except for the following legal City holidays: January 1st, the last Monday in May, July 4th the first Monday in September, the fourth Thursday and fourth Friday of November, and December 25th. Time will be charged for all other days unless Owner determines that completion of the principal units of work was delayed as a result of unforeseeable causes beyond the control and without fault or negligence of the Contractor, Subcontractors or suppliers, including but not restricted to, acts of God, the public enemy, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and severe weather. Work on the seven legal holidays listed above will not be permitted except in cases of extreme emergency or when the safety of the Contractor's forces and/or the traveling public would be significantly unproved, and then only with the written permission of the Engineer. If work is 2/3 permitted on the seven legal holidays listed above, working time will be charged on the same basis as described above. This item is supplemented by the following: 1.74. Mathematically Unbalanced Bid. A bid containing lump sum or unit bid items which do not reflect reasonable actual costs plus a reasonable proportionate share of the bidder's anticipated profit, overhead costs and other indirect costs. 1.75. Materially Unbalanced Bid. A bid which generates a reasonable doubt that award to the bidder submitting a mathematically unbalanced bid will result in the lowest ultimate cost to the City. 1.76. Change Order. A written description by the City covering modifications to the original contract necessary to complete the contracted work. 1.77. Subcontractor. An individual, partnership, limited liability company, corporation or any combination thereof to which the Contractor sublets, or proposes to sublet, any portion of the contract. 1.78. Bidding Capacity. The maximum dollar value a Contractor may have under contract at any given time 1.79. Available Bidding Capacity. Bidding capacity less uncompleted work under contract. 3/3 SPECIAL PROVISION TO ITEM 2 1993 TXDOT STANDARD SPECIFICATIONS INSTRUCTION TO BIDDERS For this project, Item 2 of TXDOT Standard Specifications is voided and replaced with the City of Pearland "Instruction to Bidder" included in Section B of this document. SPECIAL PROVISION TO ITEM 3 1993 TXDOT STANDARD SPECIFICATIONS AWARD AND EXECUTION OF CONTRACT For this project, Item 3, "Award and Execution of Contract", of the Standard Specifications, is hereby amended with respect to the clauses cited below and no other clauses or requirements of this item is waived or changed hereby. Article 3.2. Award of Contract is voided and replaced by the following: 3.2. Award of Contract. The award, if it is made, will be made within 30 days after the opening of the proposal. The City of Pearland reserves the right to reject any or all bids submitted, or to award the Contract to the Bidder who, in the City's opinion, offers the most advantageous bid for the purpose intended. Article 3.7. Beginning of Work is supplemented by the following: The Contractor and all subcontractors implementing any measure identified on the Storm Water Pollution Prevention Plan must submit to the Engineer a signed copy of the certification statement as described in Part IV E 2 of the National Pollutant Discharge Elimination System permit (40 CFR Part 122) and in the special provision, "Certification of NPDES Permit", no later than 48 hours prior to beginning work. The Contractor must participate in a pre -construction conference before work can begin, at which time these certifications will be required. SPECIAL PROVISION TO ITEM 4 1993 TXDOT STANDARD SPECIFICATIONS SCOPE OF WORK For this project, Item 4, "Scope of Work", of the Standard Specifications, is hereby amended with respect to the clauses cited below and no other clauses or requirements of this Item are waived or changed hereby. Article 4.3. Extra Work is voided and replaced by the following: 4 3 Extra Work. Before any extra work is begun, a "Change Order" shall be executed. SPECIAL PROVISION TO ITEM 6 1993 TXDOT STANDARD SPECIFICATIONS CONTROL OF MATERIALS For this project, Item 6, "Control of Materials", of the Standard Specifications, is hereby amended with respect to the clauses cited below and no other clauses or requirements of this Item are waived or changed hereby. Article 6.1. Sources of Supply and Quality of Materials is supplemented by the following: The Contractor shall furnish the Engineer within 15 days after execution of contract with a copy of purchase order from the manufacturer(s) from whom the Contractor proposes to purchase the signal controllers, signal heads, signal poles, and/or light poles showing the approximate delivery date. Approval for any exception to this requirement shall be obtained from the Engineer in writing before the expiration of the 15-day time limit. The following article is added. 6.10. Damaged Equipment and Materials. Equipment and materials damaged before final acceptance to the extent that they are not deemed satisfactory by the Engineer shall be replaced at the Contractor's entire expense. SPECIAL PROVISION TO ITEM 7 1993 TXDOT STANDARD SPECIFICATIONS LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC For this project, Item 7, "Legal Relations and Responsibilities to the Public", of the Standard Specifications, is hereby amended with respect to the clauses cited below and no other clauses or requirements of this Item are waived or changed hereby. Article 7.4. Insurance is voided and replaced by provisions stated in Item 2.07 of General Conditions of Agreement between the City and the Contractor. SPECIAL PROVISION TO ITEM 8 1993 TXDOT STANDARD SPECIFICATIONS PROSECUTION AND PROGRESS For this project, Item 8, "Prosecution and Progress", of the Standard Specifications, is hereby amended with respect to the clauses cited below and no other clauses or requirements of this Item are waived or changed hereby. Article 8.1. Assigning of Contract Subcontracting, Subarticle (1) Assigning of Contract, is voided and replaced by the following (1) Assigning of Contract. The Contractor will not be permitted to assign, sell transfer or otherwise dispose of the contract or any portion thereof or his rights, title or interest therein without the approval of the City. Any assignment proposed by the Contractor must be deemed justified or legally acceptable by the City. Subarticle (2) Subcontracting is supplemented by the following: No subcontractor who is to implement any measure identified on the Storm Water Pollution Prevention Plan, will be approved for work until the subcontractor has submitted a signed copy of the certification statement descnbed in Part IV E.2 of the National Pollutant Discharge Elimination System (NPDES) permit (40 CFR Part 122) and in the special provision, 'Certification of NPDES Permit". If an approved subcontractor does not comply with the provisions of the NPDES permit, approval may be revoked. Article 8.2 Protection of Work is supplemented by the following: The Contractor, and all subcontractor implementing any measure identified on the Storm Water Pollution Prevention Plan must submit to the Engineer a signed copy of the certification statement as described in Part IV E 2 of the NPDES permit (40 CFR Part 122) no later than 48 hours prior to beginning work. SPECIAL PROVISION TO ITEM 502 1993 TXDOT STANDARD SPECIFICATIONS BARRICADES, SIGNS AND TRAFFIC HANDLING For this project, Item 502, "Barricades, Signs and Traffic Handling', of the Standard Specifications, is hereby amended with respect to the clauses cited below and no other clauses or requirements of this Item are waived or changed thereby. Article 502.4. Payment Paragraphs "(1)", "(2)", "(4)" and "(6)" are voided and replaced by the following: (1) The total payment for this Item will not exceed 10 percent of the total contract amount prior to "Final Acceptance'. The portion of the contract amount for this Item in excess of 10 percent of the total contract amount, less any adjustments as specified below, will be paid on the next estimate cycle after the retainage estimate (2) Payment for this Item will begin on the first payable estimate after barricades, signs and traffic handling devices have been installed in accordance with the TCP and construction has begun. (4) The quantity under this Item will not exceed the total plan quantity except when modified by change order. Also when work is suspended for the convenience of the Department, through no fault of the Contractor, additional quantity may be paid when approved by change order. (6) If the contract is completed prior to payment of the amount allowed by (1), (3) and (7), the balance due will be paid on the next estimate cycle after the retainage estimate. When the plans establish pay items for particular work called for in the TCP and/or plans, that work will be measured and paid for under the governing items. 1993 Specifications SPECIAL PROVISION TO SPECIAL SPECIFICATION 8230-001 LED Pedestrian Signal Lamp Unit (Symbolic) For this project, Special Specification Item 8230, "LED Pedestrian Signal Lamp Unit (Symbolic), ' is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 2. Functional Requirements, Subarticle (3) Optical and Light Output Requirements is supplemented by the following: (d) The color of the lamp unit and whether it is a "Hand" (Don't Walk) or "Walking Person" (Walk) indication shall be as specified on the plans. The symbolic messages shall be a minimum of 11 in high and 6 in. wide. The "hand" (don't walk) symbol shall be portland orange in color and displayed on the left side of the signal head. The "walking person" (walk) symbol shall be lunar white in color and be displayed on the right. these colors shall be in accordance with the requirements set forth in the latest 'Adjustable Face Pedestrian Signal Head Standard" of the Institute of Traffic Engineers. Both symbolic indications shall be solid. Outlined indications are not acceptable. 1-1 8230-001 06-02 1993 Specifications SPECIAL PROVISION TO SPECIAL SPECIFICATION 8970--001 Video Imaging Vehicle Detection System For this project, Special Specification Item 8970, "Video Imaging Vehicle Detection System" is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 13. Payment. The first paragraph is voided and replaced by the following: The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "VIVDS Processor System" of the type specified, "VIVDS Camera Assembly' , VIVDS Central Control" ` VIVDS Set-up System", ` VIVDS Temporary", `VIVDS Communication Cable (Coaxial), ' and ` VIVDS Communication Cable (Fiber Optic) '. These prices shall be full compensation for furnishing, placing, and testing all materials and equipment, and for all tools, labor, equipment, hardware, operational software package(s), supplies, support personnel training, shop drawings, documentation, and incidentals necessary to complete the work. A 3 conductor power cable shall be included with the communication cable. 1-1 8970-001 03-03 1993 Specifications SPECIAL PROVISION 680---007 Installation of Highway Traffic Signals For this project, Item 680, "Installation of Highway Traffic Signals " of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 680.3. Sampling and Testing is voided and replaced by the following: 680.3. Sampling and Testing Sampling and testing of traffic signal controller assemblies shall be in accordance with Test Method Tex-1170-T. 1-1 680---007 8-99 1993 Specifications SPECIAL PROVISION 686---003 Traffic Signal Pole Assemblies (Steel) For this project, Item 686, "Traffic Signal Pole Assemblies (Steel)," of the Standard Specifications, is hereby amended with respect to the clauses cited below, and no other clauses or requirements of this Item are waived or changed hereby. Article 686.4. Optional Pole Designs. The sixth paragraph is voided and replaced by the following: The maximum design yield strength for ASTM A572 or A595 materials shall be 50 ksi except that the maximum design yield strength for A595 material may be 55 ksi for pole shafts. Article 686.6. Materials. The third paragraph is supplemented by the following: This minimum yield strength, however, shall be 55 ksi when the maximum design yield strength of 55 ksi is used. Article 686.7. Fabrication. The fourth paragraph from the end is voided and not replaced. Article 686.8. Construction Methods. The fifth paragraph is voided and not replaced. Article 686.8. Construction Methods. The fourth sentence of the seventh paragraph is voided and not replaced. 1-1 686---003 10-00 STANDARD SPECIFICATIONS The TxDOT Standard Specifications for Construction of Highways, Street and Bridges dated March 1 1993, and provisions included in this document shall govern on this project. Contractor can Purchase above document from TxDOT District 12 office. 1993 Specifications SPECIAL SPECIFICATION 1201 12 Inch LED Traffic Signal Lamp Unit 1. Description This specification describes the minimum acceptable design and performance requirements for a twelve (12) inch LED (light emitting diode) traffic signal lamp unit. 2. 12 Inch LED Traffic Signal Lamp Unit. (1) General. The LED traffic signal lamp unit shall be designed as a retrofit replacement for existing traffic signal lamps without the use of any special tools for installation. The LED unit shall fit into existing traffic signal housings without modifications. Installation of a retrofit replacement LED unit into an existing traffic signal housing shall only require removal of the existing lens, reflector, and incandescent lamp, fitting of the new LED unit securely in the housing door, and connecting to existing electrical winng or terminal block by means of simple connectors. Prominent and permanent directional marking(s), an "UP arrow," for correct indexing and orientation shall exist on the LED unit, if proper orientation of the LED unit is required for optimum performance The manufacturer's name serial number, manufactured date (month and date) and other necessary identification shall be permanently marked on the backside of the LED unit. A label shall be placed on the LED unit certifying compliance to ITE VTSHS (Vehicle Traffic Control Signal Head Standard). Any deviation to product design after testing and approval from TxDOT shall consist of a new model and must be resubmitted for acceptance. Failure to adhere to this requirement shall be grounds for automatic removal from the TxDOT Qualified Product List (QPL) for an undetermined time. Random testing of average production LED units will be tested to ensure compliance with specification. (2) Physical and Mechanical Requirements. The LED traffic signal lamp unit shall be a single, self-contained device, not requiring on -site assembly for installation into existing traffic signal housings. The assembly and manufacturing process for the LED unit shall be such as to assure all internal LED and electronic components are adequately supported to withstand mechanical shock and vibration from high winds and other vibration sources. Each LED unit shall comprise a UV stabilized polymeric outer shell, multiple LED light sources, and a regulated power supply. LED's are to be mounted on a polycarbonate positioning plate or conformally coated PC board. 1-6 1201 01-03 Optical and Light Output Requirements. The LED's shall be manufactured using A1InGaP (Aluminum -Indium -Gallium -Phosphorous) technology or other LED's with lower susceptibility to temperature degradation than AlGaAs (Aluminum -Gallium - Arsenic) LED's. AlGaAs LED's will not be allowed. 1 he color of the LED traffic signal lamp unit shall be specified on the plans. Each LED unit shall meet minimum laboratory light intensity values, color (chromaticity), and light output distribution as described in ITE VTCSH part 2 of the specifications 6.4.2.1, 6 4.4.1, 6.4.4.2, 6.4.4.3, 6.4 5 and 6.4.6 as a minimum. The table below replaces the values in Table 1 of Section 4.1.1 of the ITE VTCSH. The 6.4.2.1 test shall include an expanded view for the Red and Green Ball indications with the following minimums for a period of 60 months, based on normal use in traffic signal operation over an operating temperature range of -40°C to +74°C. In addition, yellow LED unit shall meet or exceed the following minimum illumination values for a minimum period of 60 months, based on normal use in traffic signal operation at 25°C. Minimum Luminous Intensity Values (In Candelas) View Angle Horizontal (Left/ Right) Angle RED YELLOW GREEN Expanded Vertical 2.5 339 678 678 7.5 251 501 501 12.5 141 283 283 +/-2.5° 17.5 77 154 154 2.5 226 452 452 7.5 202 404 404 12.5 145 291 291 17.5 89 178 178 +/-7.5° 22.5 38 77 77 27.5 16 32 32 2.5 50 101 101 7.5 48 97 97 12.5 44 89 89 17.5 34 69 69 +/-12.5° 22.5 22 44 44 27.5 16 32 32 2.5 22 44 44 7.5 22 44 44 12.5 22 44 44 +/-17.5° 17.5 22 44 44 22.5 20 41 41 27.5 16 32 32 2.5 20 40 40 17.5 20 40 40 +/-22.5° 2.5 20 40 40 -27.5° 17.5 20 40 40 2.5 20 40 40 -32.5° 17.5 20 40 40 2-6 1201 01-03 pow Indications (in candelas/m2 Red Yellow Green Arrow Indication 5 500 11 000 11 000 LED's for arrow indications shall be spread evenly across the illuminated portion of the arrow area. Arrow LED units shall be tested in conformance with California Test 3001. Measured chromaticity coordinates of LED units shall conform to the chromaticity requirements of the following table, for a minimum period of 60 months, over an operating temperature range of —40°C to +74°C Each LED unit shall meet the minimum requirements for light output for the entire range from 80 to 135 volts. Red Yellow Chromaticity Standards Y: not greater than 0.308, or less than 0.998 -x Y: not less than 0.411 nor less than 0.995 - x, nor less than 0.452 Green Y: not less than 0.506 - 0.519x, nor less than 0.150 + 1.068x, nor more than 0.730 - x The LED unit tested or submitted for testing shall be representative of typical production LED units. Optical testing shall be performed with the LED unit mounted in standard traffic signal sections without visors or hoods attached to the signal sections. LED's for arrow indications shall be spread evenly across the illuminated portion of the arrow area. After bum -in, the LED unit shall be tested for rated initial luminous intensity in conformance with this section. Before measurement, the LED unit shall be energized at rated voltage, with 100 percent on -time duty cycle, for a time period of 30 minutes. Test results for this testing shall record the current, voltage, total harmonic distortion (THD) and power factor (PF) associated with each measurement Photometrics, luminous intensity and color measurements for yellow LED units shall be taken immediately after the LED units are energized. The ambient temperature for these measurements shall be 25°C. Test results for this testing shall record the current, voltage, total harmonic distortion (THD) and power factor (PF) associated with each measurement. (4) Electrical. Each LED traffic signal lamp unit shall incorporate a regulated power supply engineered to electrically protect the LED s and maintain a safe and reliable operation. The power supply shall provide capacitor filtered DC regulated current to the LED s per the LED manufacturer's specification. Design of the power supply shall be such that the failure of an individual component or any combination of components cannot cause the signal to be illuminated after AC power is removed. Any deviation without prior testing and approval from TxDOT, shall be grounds for automatic removal from the QPL for an undetermined time. 3-6 1201 01-03 The LED unit shall operate on a 60 Hz AC line voltage ranging from 80 volts RMS to 135 volts RMS. The circuitry shall prevent flickering over this voltage range. Nominal rated voltage for all measurements shall be 117 volts RMS. The LED unit shall be operationally compatible with TS1, TS2, 170 and 2070 controller units, conflict monitors plus features, and malfunction management units currently used by TxDOT and any other Texas government entities. In the case of conflicts between specifications, the latest TxDOT specifications will control. The LED unit shall be designed to sense a loss of light output due to catastrophic LED failures of between 25 and 40 percent. Loss of light output due to LED failure will not be detected for losses of less than 25 percent but will be detected for any loss of light greater than 40 percent The LED unit, upon sensing a valid loss of light, shall present impedance of at least 500 Kohms to the AC line. Two, captive, color coded, 36 inches long, 600 V, 18 AWG minimum jacketed wires, conforming to the National Electric Code (NEC), rated for service at +105°C, are to be provided for an electrical connection. The LED's shall be arranged in no less than 5 equally loaded circuits. The LED unit shall operate with a minimum 0.90 power factor. Total harmonic distortion (current and voltage) induced into an AC power line by a signal module shall not exceed 20 percent. The LED unit and associated on -board circuitry shall conform to the requirements in Federal Communications Commission (FCC) Title 47, SubPart B Section 15 regulations concerning the emission of electronic noise. (5) Environmental Requirements. The LED traffic signal lamp unit shall be rated for use in the ambient operating temperature range of —40°C to +74°C. The LED unit shall be dust and moisture tight to protect all internal LED and electrical components. The LED unit shall consist of a housing that is a sealed watertight enclosure that eliminates dirt contamination and allows for safe handling in all weather conditions. Moisture resistance testing shall be performed on the LED unit in conformance with the requirements in NEMA Standard 250-1991 for Type 4 enclosures Evidence of internal moisture after testing shall be cause for rejection. (6) Production Testing Requirements. Each new LED traffic signal lamp unit shall be energized for a minimum of 24 hours at operating voltage and at a temperature of +60°C in order to cause any electronic infant mortality to occur, and to ensure electronic component reliability prior to shipment. After the burn -in procedure is completed, each LED unit shall be tested by the manufacturer for rated initial intensity at rated operating voltage. 4-6 1201 01-03 Destructive testing will be conducted to determine that the LED units are in conformance with the catastrophic LED failure clause in Article 2(4). 3. Documentation Requirements. (1) Each LED traffic signal lamp unit shall be provided with the following documentation: (a) Complete and accurate installation wiring guide. (b) Contact name, address, telephone number for the representative, manufacturer, or distributor for warranty repair. (c) If requested by the purchaser, the bidders shall supply schematics for all electronics. (2) The Contractor shall be required to submit a copy of the manufacturer's test report certified by an independent laboratory that the LED unit model submitted meets ITE Standards for light distribution, chromaticity, and power (consumption, power factor and harmonic distortion). The table in Article 2(3) of this specification replaces the values in Table 1 of Section 4.1.1 of the ITE VTCSH. In addition, the independent lab report shall specify the drive current being supplied to individual LED s within the LED unit. Designs which require LED's to be operated at currents greater than the LED manufacturer's recommended drive current will not be allowed. (3) One schematic diagram shall be provided for each LED lamp unit, along with any necessary installation instructions (4) For each LED unit submitted the manufacturer name, brand and model number of LED's used shall be provided, along with the LED manufacturer's recommended drive current and degradation curves. 4. Warranty. The manufacturer shall warrant the LED traffic signal lamp unit against any failure due to workmanship, material defects, or intensity within the first 60 months of purchase by Contractor. The manufacturer shall provide a written warranty. The LED signal shall meet or exceed minimum luminous intensity values in Article 2(3) during the 60 months. Repaired and replacement LED units shall be warranted for the remainder of the original warranty period Replacement LED units shall be provided within 5 days after receipt of the failed LED unit at no cost to the State, except the cost of shipping the failed LED units. The LED unit shall meet or exceed 85 percent of the standard light output values specified in the I T E VTCSH, after 60 months of continuous use over the temperature range of 40°C to +74°C in a traffic signal operation. The measured chromaticity coordinates of the LED unit shall conform to the requirements for chromaticity in Section 8.04 and Figure 1 of the I T E. VTCSH over the temperature range of —40°C to +74°C. 5. Measurement. This Item will be measured as each twelve (12) inch LED traffic signal lamp unit complete in place. 5-6 1201 01-03 6. Payment. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for '12 Inch LED Traffic Signal Lamp Unit", of the color and type specified. This price shall be full compensation for furnishing, installing and testing units and for furnishing all other materials, labor, tools, equipment and incidentals necessary to complete the work. New traffic signal housings will be paid for under Item 682, "Vehicle and Pedestrian Signal Heads." 6-6 1201 01-03 1993 Specifications SPECIAL SPECIFICATION 5004 Temporary Erosion, Sedimentation and Water Pollution Prevention and Control 1. Description This Item shall govern for control measures necessary to prevent and control soil erosion, sedimentation and water pollution which may degrade receiving waters including rivers, streams, lakes, reservoirs, tidal waters, groundwater and wetlands. The control measures contained herein shall be installed and maintained throughout the construction contract and coordinated with the permanent or existing temporary pollution control features specified elsewhere on the plans and in the specifications to assure effective and continuous water pollution control throughout the construction and post construction period. These control measures shall not be used as a substitute for the permanent pollution control measures unless otherwise directed by the Engineer in writing The controls may include sediment control fences, baled hay, rock filter dams, dikes, swales, sediment traps and basins, pipe slope drains paved flumes, construction exits, temporary seeding, sodding, mulching, soil retention blankets or other structural or non-structural water pollution controls This item does not apply to commercial operations. 2. Items of Work and Materials. The items, estimated quantities and locations of the control measures will be shown on the plans; however, the Engineer may increase or decrease the quantity of these items as the need arises. The materials will be shown on the plans and in the specifications The Engineer may allow other materials and work as the need arises and as approved in writing. 3. Preconstruction Submittals. A. Operations on Right of Way. Prior to the start of construction, the Contractor shall submit to the Engineer, for written approval, schedules for accomplishment of the pollution control measures in accordance with the Storm Water Pollution Prevention Plan (SW3P). A plan for the disposal of waste materials generated on the project site must be submitted for approval, also. The Contractor shall submit to the Engineer, for written approval the proposed SW3P for the industrial activities (such as hot mix plants, concrete batch plants, or material handling areas) on the right of way. B. Operations Off Right of Way. The Contractor shall provide the Engineer, for information purposes, proposed methods of pollution control for Contractor operations in areas which are outside the right of way (such as construction and haul roads, field offices, equipment and supply areas, and material sources). 1-4 5004 7-93 Pollution control measures for the Contractor's facilities off the right of way are not covered by the Department's Environmental Protection Agency (EPA) NPDES general permit. The Contractor shall obtain his own Notice of Intent for the off -site operations. These pollution controls will not be measured for payment but shall be performed at the Contractor's expense. For facilities off the right of way, the Contractor is responsible for obtaining all permits required by any governmental entity as outlined in Article 7.2. 4. Construction Requirements. A. The Contractor shall provide control measures to prevent or minimize the impact to receiving waters as required by the plans and/or as directed by the Engineer in writing. Storm water discharges associated with industrial activities (such as hot mix plants, concrete batch plants or material handling areas) within the right of way must comply with the terms of the EPA's NPDES general permit. For areas of the State which have an average annual rainfall less than 20 inches and where construction operations have ceased for an extended period of time, the disturbed area shall be stabilized as soon as possible. For all areas of the State with an average annual rainfall greater than 20 inches, in any disturbed area where construction activities have ceased, permanently or temporarily, the Contractor shall initiate stabilization of the area by the use of seeding, mulching, soil retention blankets or other appropriate measures within 14 days, except in areas where construction activities are scheduled to resume within 21 days. The Contractor shall effectively prevent and control erosion and sedimentation on the site at the earliest practicable time as outlined in the approved schedule. Control measures, where applicable, will be implemented prior to the commencement of each construction operation or immediately after the area has been disturbed. The Contractor shall limit the amount of disturbed earth to the area(s) shown on the plans or as directed by the Engineer. The Engineer has the authority to limit the disturbed surface area exposed by construction operations. If, in the opinion of the Engineer, the Contractor is not able to effectively control soil erosion and sedimentation resulting from construction operations the Engineer will limit the amount of disturbed area to that which the Contractor is able to control. Should the control measures fail to function effectively the Contractor shall act immediately to bring the erosion and sedimentation under control by maintaining existing controls or by providing additional controls as directed by the Engineer When in the opinion of the Engineer the site is adequately stabilized, the control measures, excepting mulches and soil retention blankets, will be removed and properly disposed of by the Contractor. Soil retention blankets shall be removed only when, in the opinion of the Engineer, final permanent perennial seeding would be adversely affected by the presence of an existing soil retention blanket. All erosion, sediment and water pollution controls will be maintained in good working order. A rain gauge provided by the Department will be located at the project site. Within 24 hours of a rainfall event of 0.5 inch or more as measured by the project rain gauge, the Contractor and Engineer will inspect the entire project to determine the condition of the control measures. Sediment will be removed and devices repaired as 2-4 5004 7-93 soon as practicable but no later than 7 days after the surrounding exposed ground has dried sufficiently to prevent further damage from equipment needed for repair operations. In the event of continuous rainfall over a 24-hour period, or other circumstances that preclude equipment operation in the area, the Contractor will hand carry and install additional backup devices as determined by the Engineer. The Contractor will remove silt accumulations and deposit the spoils in an area approved by the Engineer as soon as practical. Any corrective action needed for the control measures will be accomplished in the sequence directed by the Engineer, however areas adjacent to waterbodies shall generally have priority followed by devices protecting storm sewer inlets. B. The Contractor shall also conform to the following practices and controls. All labor, tools, equipment and incidentals to complete the following work will not be paid for directly but shall be considered as subsidiary work to the various items included in the contract, unless otherwise noted. (1) Disposal areas, stockpiles and haul roads shall be constructed in a manner that will minimize and control the amount of sediment that may enter receiving waters. Disposal areas shall not be located in any wetland, waterbody or streambed. Construction roads may not be located in or cross any waterbody or streambed without prior approval of the Engineer and shall be done in compliance with applicable rules and regulations. (2) Construction operations in rivers, streams, lakes, tidal water wetlands and other waterbodies shall be restricted to those areas where it is necessary to perform the work shown on the plans Wherever streams are crossed, temporary bridges, timber mats or other structures shall be used. (3) Protected storage for paints, chemicals, solvents, fertilizers and other potentially toxic materials will be provided by the Contractor at a location approved by the Engineer. (4) Construction staging areas and vehicle maintenance areas shall be constructed by the Contractor in a manner to minimize the runoff of pollutants. Those areas located on the right of way must be approved by the Engineer. The Contractor shall prevent pollution of receiving waters with petroleum products or other hazardous or regulated substances. When work areas or material sources are located adjacent to a waterbody control measures shall be used to keep sediment and other contaminants from entering the adjacent waterbody. Control devices located on the right of way will be measured for payment. Care shall be taken during the construction and removal of control measures to minimize down - gradient sedimentation. (5) All waterways shall be cleared as soon as practicable of temporary embankment, temporary bridges, matting, falsework, piling, debris or other obstructions placed during construction operations that are not a part of the finished work. (6) Disturbance of vegetation shall be minimized and limited to only what is shown on the construction plans or as directed by the Engineer in writing. 3-4 5004 7-93 (7) The Contractor shall clean paved surfaces as necessary to remove sediment which has accumulated on the roadway. C. The project will not be accepted until the Contractor provides a uniform perennial vegetative cover with a density of 70 % of adjacent undisturbed areas, or, if in the opinion of the Engineer, permanent measures (such as riprap, gabions, or geotextiles), supplemented by temporary measures (such as mulching with seed, hay bales, sediment control fences, earth dams, etc.) have been employed that will control erosion, sedimentation and water pollution until sufficient vegetative cover can be established. 5. Measurement and Payment. If the Contractor is required to install temporary erosion, sediment and water pollution control measures due to his negligence, carelessness, lack of maintenance, or failure to install permanent controls as a part of the work as scheduled, and measures are ordered in writing by the Engineer, such work shall not be measured for payment but shall be performed at the Contractor's expense. All labor, tools, equipment and incidentals to complete the work specified under Subarticle 4.(B) will not be paid for under apphcable contract bid items but will be considered subsidiary to the various bid items, unless otherwise noted. When the need for control measures can not be attributed to the Contractor's negligence, carelessness, lack of maintenance or failure to install permanent water pollution control measures and these measures are shown on the plans and/or directed by the Engineer these measures shall be measured and paid for in accordance with applicable contract bid items. For work performed under the requirements of this item which is not comparable to work performed under contract bid items, such work shall be performed on a force account basis in accordance with Item 9 or by agreed unit prices. Removal of control measures not incorporated as permanent control measures shall be measured and paid for in accordance with applicable contract bid items. In case of failure on the part of the Contractor to prevent and control soil erosion, sedimentation and water pollution which may degrade receiving water, the Engineer reserves the right to employ outside assistance or to use State forces to provide the necessary corrective measures. All costs including engineering costs will be deducted from any moneys due or to become due to the Contractor. Pollution control measures may be applicable to Contractor operations outside the right of way where such work is necessary as a result of roadway related construction such as construction and haul roads, field offices, equipment and supply areas, and material sources. Pollution control measures outside the right of way will not be measured for payment but shall be performed at the Contractor's expense. 4-4 5004 7-93 1993 Specifications SPECIAL SPECIFICATION 5699 Epoxy and Adhesives 1. Description. This Item shall govern the various types of epoxy and adhesive materials shown on the plans and in this Item. 2. Materials. The materials described herein shall be in accordance with Departmental Materials Specification DMS-6100. Additional information regarding epoxy and adhesive characteristics and copies of specification DMS-6100 are available from the Texas Department of Transportation Construction Division, Materials Section, 125 East llth Street Austin, Texas 78701 2483. All these materials shall consist of a resin component and a hardener component which are mixed just prior to use of the finished epoxy. Unless otherwise shown on the plans epoxy shall not be used if the substrate temperature is below 10 C. The materials covered by this Item are as follows: (1) Precast Concrete Segment Adhesive (2) Traffic Marker Adhesives (3) Dowel and Tie Bars Adhesive (4) Bridge Deck Sealant and Adhesive: Type IV (5) Concrete Adhesives (6) Binder for Producing Grout or Concrete (7) Epoxy for Crack Injection (8) Epoxy Coating for Concrete 3. Types. The various types of epoxy and adhesive materials and their uses are described below: Precast Concrete Segment Adhesive. Type I. The following formulations shall be used for the joining of precast bridge segments. Class A Low Temperature Epoxy System. This formulation shall provide a fast reacting system for placement when the concrete temperature is between 4 and 16 C. (1) Class B Medium Temperature Epoxy System. This formulation is suitable for placement when the concrete temperature is between 13 and 27 C. Class C High Temperature Epoxy System. 'I his formulation is suitable for placement when the concrete temperature is between 25 and 41 C. (2) Traffic Marker Adhesive. Type II. This adhesive is suitable for application on Portland cement concrete pavements. 1-3 5699 6-00 (3) Type II Medium Setting Marker Adhesive. This material is suitable for placing ceramic, plastic or metal markers to roadway and bridge surfaces. This adhesive is designed for machine application. Unless otherwise shown on the plans, epoxy shall not be used if the substrate temperature is below 10 C. Dowel and Tie Bars Adhesive. Type III. The following formulations are used to anchor dowel and tie bars in concrete. These materials are suitable to bond steel to hardened concrete. These materials are not restricted to epoxies. Class A Two component adhesive consisting of a resin and a hardener or catalyzing agent to be used in horizontal application. Class B Two component adhesive consisting of a resin and a hardener or catalyzing agent to be used in vertical application. Class C Two-part adhesive provided in a prepackaged configuration for use in either horizontal or vertical application. (4) Bridge Deck Sealant and Adhesive. Type IV adhesive is described as a low viscosity epoxy intended for use in sealing cracks in concrete and restoring its structural integrity. Concrete Adhesives. The following epoxy adhesives with different viscosities are used to bond fresh Portland cement concrete to existing Portland cement concrete, hardened concrete to hardened concrete. (5) Type V - Standard Epoxy Adhesive. This material is suitable for surface sealing of fine cracks in concrete or for waterproofing application. Designed for applying to horizontal and vertical surfaces. Type VII - High -Viscosity Epoxy Adhesive This material is a high -viscosity epoxy for vertical wall and overhead application and where a high buildup is required. This material is suitable for surface sealing of cracks in concrete which are grooved or veed out prior to sealing. Any specific coloring of resin and hardener components shall be as directed by the Engineer. (6) Binder for Producing Grout or Concrete. Type VIII. Class A this material is intended to be mixed with select aggregates to form a quick - setting epoxy mortar or concrete for repairs of spalls, chipped areas, and other defects in precast concrete. This material shall be used where low -modulus epoxy is desired. Class B This material is intended to be mixed with select aggregates to form a quick - setting epoxy mortar or concrete for repairs of pot holes, filling cracks or spalls and other defects requiring high strength epoxy. This material shall have a good bond to existing concrete. (7) Epoxy for Crack Injection. Type IX. This material is a low viscosity epoxy material design for pressure injection into cracks in existing concrete to restore the structural 2-3 5699 6-00 integrity. The epoxy adhesive shall have adequate strength and adhesion to confine the injection material in the cracks being injected until the injection material has cured. (8) Epoxy Coating for Concrete. Type X. This is a high -solids epoxy coating used for pier caps and the interior walls of comfort stations. This material is designated for application by brush or roller, but can also be applied by airless spray with the addition of a maximum of five (5) percent toluene solvent with the approval of the Engineer. 4. Packaging, Labeling and Storage. The components shall be packaged according to mixing ratio in suitable, well -sealed containers. The containers shall be clearly labeled as to the type of material and the ratio of the components to be mixed by volume. Any special instructions regarding mixing and application shall be included. 'lhe label shall show lot or batch number, expiration date and the quantity contained therein Caution warnings regarding contact of the epoxy with skin and eyes shall be included on the labels. Containers which have been damaged or previously opened shall not be used. The components must be stored at temperatures between 16 C and 38 C. Any material which shows evidence of crystallization, lumps, skinning, extreme thickening or settling of pigments which can not be readily redispersed with normal agitation shall not be used. 5. Construction Methods. Mixing and application of epoxy and adhesive materials shall be as specified herein. (1) Mixing. Prior to use, each component shall be stirred to redisperse any settling or separation of the fillers and liquid portions The components shall then be immediately placed in the proper reservoir, when used in automatic mixing and dispensing equipment. For application by other means, the components must be properly proportioned and mixed until a uniform color and appearance are obtained. No addition of solvents will be allowed unless indicated by the manufacturer or approved by the Engineer. (2) Application and Surface Preparation. Requirements for application and preparation of the surface upon which the epoxy or adhesive is to be applied shall be in accordance with the applicable specification. 6. Measurement and Payment. The work performed, materials furnished and all labor, tools, equipment and incidentals necessary to complete the work under this Item will not be measured or paid for directly, but will be considered subsidiary to the various bid items of the contract. 3-3 5699 6-00 1993 Specifications SPECIAL SPECIFICATION 5866 Curb Ramp and Landing 1. Description. This Item shall govern for Portland cement concrete curb ramp and landing constructed on approved subgrade, foundation material or finished surface in accordance with the lines and grades established by the Engineer and in conformance with details shown on the plans. 2. Materials. All materials shall conform to the pertinent requirements of the following items: Item 104, "Removing Concrete" Item 360, "Concrete Pavement" Item 420, "Concrete Structures" Item 421, "Portland Cement Concrete" Item 437, "Concrete Admixtures" Item 440, "Reinforcing Steel" Item 526, "Membrane Curing" Special Specification, "Landscape Pavers" Concrete used shall be Class "A" concrete or concrete as specified for concrete pavement. Concrete for extruded construction shall be Class "A" unless otherwise shown on the plans, except that the coarse aggregate shall meet the requirements of Grade 8. Other grades of coarse aggregate may be substituted, if approved by the engineer. 3. Construction Methods. Prior to curb ramp and landing construction the subgrade, foundation or pavement surface shall be shaped to the line, grade and cross section shown on the plans and, if considered necessary by the Engineer, hand tamped and sprinkled When directed by the Engineer, the subgrade or foundation material shall be sprinkled lightly immediately before concrete is deposited thereon. Forms, where needed, shall be of wood or metal, of a section satisfactory to the Engineer, straight, free of warp and of the depth required. Forms shall be securely staked to line and grade and maintained in a true position during the placing of concrete. The reinforcing steel shall be placed in position as shown on the plans for curb ramp and landing construction. Care shall be exercised to keep all steel in its proper location during concrete placement. Curb ramp and landing elements shall be separated from adjacent elements and sidewalk by premolded or board joint of the thickness shown on the plans, placed vertically and at right angles to the longitudinal axis of the sidewalk. 1-2 5866 02-02 The completed work shall be cured for a period of not less than 72 hours by one of the methods specified in Item 420, "Concrete Structures". Hand finishing will be permitted. All exposed surfaces shall be brushed to a smooth and uniform surface. Abrupt changes in elevation shall not exceed IA inch either within an element or between elements within the curb ramp and landing unit. The cross slope on curb ramps and landings shall not exceed 2%. Curb ramp grade shall not exceed 8.3%. Flares adjacent to the ramp shall not exceed 10% slope. Detectable warnings shall be provided as shown on the plans. Removal and disposal of existing concrete, such as combined curb and gutter, curb and sidewalk shall be done in accordance with Item 104, "Removing Concrete", Article 104.2. Construction Methods. 4. Measurement. Curb ramps and landings shall be measured as each unit complete in place. The unit will consist of the curb ramp, the landing, adjacent flares or curb, and detectable warning surface as shown on the plans. 5. Payment. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement' will be paid for at the unit pnce bid for "Curb Ramp and Landing" of the type specified. This price shall be full compensation for furnishing all materials required; surface preparation of base; removal and disposal of existing concrete excavation, hauling and disposal of excavated material; drilling and doweling into existing concrete curb, sidewalk and pavement, repair of adjacent street or pavement structure damaged by these operations; and for all manipulations, labor, tools, equipment and incidentals necessary to complete the work. 2-2 5866 02-02 1993 Specifications SPECIAL SPECIFICATION 6009 Roadside Flashing Beacon Assemblies 1. Description. This Item shall govern for the materials and equipment used and for the installation of the various types of roadside flashing beacon assemblies shown on the plans. The term "roadside flashing beacon assembly" as used herein shall constitute the complete assemblage of parts, equipment and miscellaneous components, including pole, breakaway base, connectors and wiring inside the pole, erected as shown on the plans and in accordance with this specification. Foundation, sign and beacon heads will be paid for separately. 2. General. All materials and construction methods shall be in accordance with the details shown on the plans, the requirements of this Item and the pertinent requirements of the following Items: Item 441, "Steel Structures" Item 442, "Metal for Structures" Item 445, "Galvanizing" Item 446, "Cleaning, Paint and Painting" Item 447, "Structural Bolting" Item 449, "Anchor Bolts" Item 618, "Conduit" Item 620, "Electrical Conductors" Special Specification Item, "Flasher Controller Assembly" The Contractor shall furnish six (6) sets of shop drawings of the complete assembly in accordance with Item 441 'Steel Structures', except that the drawings shall be submitted to the Engineer at the project address. Prior to beginning fabrication, two (2) copies of the completed material identification form shall be furnished to the Engineer in accordance with Item 441, "Steel Structures". 3. Materials. All materials furnished by the Contractor under this Item shall be new and in accordance with the details shown on the plans. All materials shall meet the applicable design requirements of the TMUTCD. 1-3 6009 9-93 The base shall be stamped, incised or by other approved means, marked to show fabricator's model number, and name or logo. This information shall be placed in a readily seen location inside or outside the base, but shall not be placed on the door. Unless otherwise specifically noted and requested by the Contractor, in writing and subsequently approved by the Engineer in writing, base shall be supplied with the same anchor bolts and hardware as that used for breakaway and structural testing. Submittals. Six (6) copies of all required certifications, drawings and any other required documentation shall be submitted to the Engineer for approval. All materials shown in submittals and shop drawings shall refer to the appropriate ASTM or Aluminum Association designation. Submittals shall be clear and legible and shall contain all pertinent information required to determine that the base proposed meets all requirements of the specification. Base shall be identified in all tests, drawings, documentation and other references by fabricator's model number. Breakaway Requirements. Pedestal pole base shall meet the breakaway requirements of the latest revision of the AASHTO 'Standard Specifications for Structural Supports for Highway Signs, Luminaires, and Traffic Signals" and interim revisions thereto The model of base to be supplied shall have been tested to meet breakaway requirements in accordance with Federal Highway Administration (FHWA) approved methods and shall have been submitted to the FHWA for certification A copy of the test documentation and FHWA certification letter shall be submitted. The fabricator shall submit certification that the model of the base and the materials and fabricating process used for the base and associated hardware to be supplied is the same as that tested and subsequently approved by the FHWA. Structural Requirements. Pedestal pole base shall be capable of withstanding a minimum bending moment of 10,000 ft-lbs. This moment shall be calculated in a manner and from tests as approved by the Engineer. Tests shall be conducted by the manufacturer or his representative and shall be thoroughly documented and certified. Documentation and certifications shall be submitted. The pedestal pole base shall be cast aluminum meeting the requirements of ASTM B108 or B26, Alloy 319.0 or 356.0-T6, or other suitable material approved by the Department. Anchor bolt templates shall be made of 1/4 inch steel plate. Shims shall be galvanized steel. Mill test reports and/or laboratory test certificates shall be provided to show that materials meet all requirements. Fabrication. All castings shall be true to pattern in form and dimensions, free from pouring faults, sponginess, cracks, blowholes and other defects in positions affecting strength and value for the application intended. All parts of the same type shall be interchangeable. 2-3 6009 9-93 The base shall be 12 to 18 inches in height and shall have a threaded hub at the top for plumb mounting a four (4) inch threaded pipe. The base shall be fitted with a 1/2-13 NC female threaded hole near the bottom of the base for grounding The base shall have an access door measuring approximately eight (8) inches by eight (8) inches or other dimensions approved by the Engineer. Anchor bolts shall be 3/4 inch in diameter and a minimum length of 18 inches with an additional 1-1/2 inch (minimum) L-bend. The upper end of anchor bolts shall be threaded a minimum of three (3) inches and shall be galvanized a minimum of 10 inches Bolts, nuts and washers shall be galvanized. The pedestal pole base shall be designed for four (4) anchor bolts arranged in a square pattern with a 12-3/4 inch bolt circle. Anchor bolts shall be supplied with a template for a 12-3/4 inch bolt circle. Template need not be galvanized. A set of six (6) "U" shaped leveling shims sized to fit around the anchor bolts shall be provided with each base. Three (3) shims shall be 1/16 inch thick and three (3) shall be 1/8 inch thick. The door shall be made of fiberglass or other non-combustible non- aluminum material approved by the Engineer. The door shall be held on to the base with cleats and one stainless steel bolt or by other means suitable for NEMA type 3R electrical enclosures approved by the Engineer. 4. Construction Methods. Roadside flashing beacon assemblies shall be fabricated assembled and installed in accordance with the details and dimensions shown on the plans or as approved by the Engineer in writing and shall meet the requirements of the TMUTCD. Erection of poles located near any overhead or underground utilities shall be accomplished using established industry and utility safety practices. The Contractor shall consult with the appropriate utility company prior to beginning such work. Roadside flashing beacon assemblies shall be located as shown on the plans, except that the Engineer may shift the assemblies where necessary to secure a more desirable location. Unless otherwise shown on the plans, the Contractor shall stake and the Engineer will verify all roadside flashing beacon assembly locations. Water -tight breakaway electrical disconnects shall be installed in all line and neutral conductors. When shown on the plans, line (un-grounded conductor) connector shall be fused. 5. Measurement. This Item will be measured as each roadside flashing beacon assembly complete in place. 6. Payment. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement' will be paid for at the unit price bid for "Roadside Flashing Beacon Assemblies' . This price shall be full compensation for furnishing and installing each roadside flashing beacon assembly including pole, controller, breakaway base, anchor bolts, internal electrical conductors and connectors; and for all labor, tools, equipment and incidentals necessary to complete the work. 3-3 6009 9-93 1993 Specifications SPECIAL SPECIFICATION 8230 LED Pedestrian Signal Lamp Unit (Symbolic) 1. Description. This specification describes the minimum acceptable design and performance requirements for a light emitting diode (LED) pedestrian traffic signal lamp unit. 2. Functional Requirements. (1) General. (a) The lamp unit shall be designed to retrofit existing traffic signal housings built to the Institute of Transportation Engineers (ITE) Pedestrian Traffic Control Signal Indications standard without the use of any special tools. (b) Installation of a retrofit replacement lamp unit into an existing signal housing shall only require removal of the existing lens reflector, and incandescent lamp, fitting of the new unit securely in the housing door, and connecting to existing electrical wiring terminal block. (c) If proper orientation of the lamp unit is required for optimum performance, prominent and permanent directional marking(s), that is an "UP" arrow, for correct indexing and orientation shall exist on the unit. (d) The manufacturer's name, serial number and other necessary identification shall be permanently marked on the backside of the lamp unit. A label shall be placed on the unit certifying compliance to ITE standards. (2) Physical and Mechanical Requirements. (a) The lamp unit shall be a single, self-contained device not requiring on -site assembly for installation into an existing traffic signal housing. (b) The assembly and manufacturing process for the lamp unit assembly shall be such as to assure all internal LED and electronic components are adequately supported to withstand mechanical shock and vibration from high winds and other sources. (c) Each lamp unit shall comprise a UV stabilized polymeric outer shell, multiple LED light sources, a regulated power supply and a polycarbonate back cover assembled in a silicon sealed unit. LEDs are to be mounted on a polycarbonate positioning plate or contactually coated PC board. 1-3 8230 1-00 (3) Optical and Light Output Requirements. (a) The LEDs shall be manufactured using A1InGaP (Aluminum- Indium-Gallium- Phosporous) technology or other LEDs with low susceptibility to temperature degradation A1GaAs (Aluminum -Gallium -Arsenic) LEDs will not be allowed. (b) The color of the lamp unit and whether it is a ' Hand" (Don't Walk) or "Walking Person' (Walk) indication shall be as specified on the plans. (c) Each lamp shall meet minimum laboratory values for color (chromaticity) as described in the ITE Pedestrian Traffic Control Signal Indications standard. An independent lab report shall be supplied to TRF Signal Operations Lab for pre - approval. (4) Electrical. (a) Each lamp unit shall incorporate a regulated power supply engineered to electncally protect the LEDs and maintain a safe and reliable operation. The power supply shall provide capacitor filtered DC regulated current to the LEDs per the LED manufacturer's specification. (b) The lamp unit shall operate on a 60 Hz AC line voltage ranging from 80 volts RMS to 135 volts RMS. The lamp unit circuitry shall prevent flickering over this voltage range. Nominal rated voltage for all measurements shall be 117 volts RMS. The lamp unit shall be operationally compatible with controllers and malfunction management units (mmu) currently used by the Texas Depaitinent of Transportation. (d) Current conductors to the lamp unit shall be copper, 12 inches long, 221 degrees F insulation, and shall conform to the 1999 National Electric Code Article 402, "Fixture Wires". (c) (e) One (1) schematic diagram shall be provided for each lamp unit, along with any necessary installation instructions. (f) LEDs shall be arranged in no less than five (5) equally loaded circuits for each lamp unit. (g) The lamp unit shall operate with a minimum 0.90 power factor. (h) Total harmonic distortion (current and voltage) induced into an AC power line by the lamp unit shall not exceed 20 percent. (5) Environmental Requirements. (a) The lamp unit shall be rated for use in the ambient operating temperature range of - 40 degrees F to +165 degrees F. (b) The lamp unit shall be dust and moisture tight to protect all internal LED and electrical components. 2-3 8230 1-00 (c) The lamp unit shall consist of a housing that is a sealed watertight enclosure that eliminates dirt contamination and allows for safe handling in all weather conditions (6) Production Testing Requirements. (a) Each lamp unit shall be energized for a minimum of 24 hours at operating voltage and at a temperature of +140 degrees F in order to cause any electronic infant mortality to occur, and to ensure electronic component reliability prior to shipment. (b) After the burn -in procedure is completed, each lamp unit shall be tested by an independent lab for rated initial intensity at rated operating voltage. 3. Documentation Requirements. (1) Each lamp unit shall be provided with the following documentation: (a) Complete and accurate installation wiring guide. (b) Contact name, address, telephone number for the representative, manufacturer, or distributor for warranty repair. (2) The Contractor shall submit a copy of a test report certified by an independent laboratory that the lamp model submitted meets ITE standards for light distribution, chromaticity, and power (consumption, power factor and harmonic distortion). 4. Warranty. (1) The lamp unit shall be warranted by the manufacturer against failure due to workmanship or material defects within the first 60 months of purchase by the Contractor. (2) If any one (1) LED circuit should fail, it should be easily identifiable by visual inspection and replaced or repaired per the warranty. 5. Measurement. This Item will be measured as each LED pedestrian signal lamp unit complete in place. 6. Payment. The work performed and materials furnished in accordance with this Item and measured as provided under ' Measurement" will be paid for at the unit price bid for "LED Pedestrian Signal Lamp unit (Symbolic)", of the type specified. This price shall be full compensation for furnishing, installing and testing units and for furnishing all other materials, labor, tools, equipment and incidentals necessary to complete the work. 3-3 8230 1-00 1993 Specifications SPECIAL SPECIFICATION 8524 Pedestal Pole Assemblies 1. Description. This Item shall govern for furnishing and installing the various types of pedestal pole assemblies shown on the plans. 2. General. All pedestal pole assemblies shall conform to the detailed drawings and requirements shown on the plans as to height, general design and finish. All materials and construction methods, including shop drawings, shall be in accordance with the pertinent provisions of Special Specification ` Roadside Flashing Beacon Assemblies", except as modified herein. Pedestal Pole Assemblies are exempt from breakaway requirements. The pole shaft shall be fabricated from new four (4) inch steel pipe (4.026 inch I.D., 4.500 inch O.D.) The base shall be fitted with a 1/2 —13 NC female threaded hole for grounding. The base shall be properly grounded with connectors designed for this purpose. A set of three (3) "U" shaped galvanized steel shims 1/16 inch thick and three (3) 1/8 inch thick to fit around the anchor bolts, shall be furnished with each pole to permit proper alignment. The steel pole shall be provided with a galvanized finish unless otherwise shown on the plans Any part of steel pedestal poles with damage to the galvanization shall be repaired in accordance with Item 445, "Galvanizing". 3. Painted Finish. When painting is required by the plans, the pedestal pole shall receive System II aluminum in accordance with Item 446, `Cleaning Paint and Painting", unless otherwise shown on the plans. 4. Measurement. This Item will be measured as each pedestal pole assembly complete in place. 5. Payment. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid for "Pedestal Pole Assemblies'. This price shall be full compensation for furnishing and installing the base, shaft, shims and anchor bolts; and for all labor, tools, equipment and incidentals necessary to complete the work. The term "pedestal pole assembly" as used herein shall constitute the complete assemblage of parts including pole shaft, base, anchor bolts, anchor bolt nuts, anchor bolt template, shims and miscellaneous components except foundation and signal heads. 1-1 8524 1-01 1993 Specifications SPECIAL SPECIFICATION 8970 Video Imaging Vehicle Detection System 1. Description. This special specification sets forth the minimum requirements for a Video Imaging Vehicle Detection System (VIVDS) that monitors vehicles on a roadway via processing of video images and provides detector outputs to a traffic controller or similar device. (1) A VIVDS configuration for a single intersection will consist of the following components: Four variable focal length cameras, two 2 -channel VIVDS card rack processor system, and all associated equipment required to setup and operate in a field environment including a video monitor and/or laptop (if required), connectors and camera mounting hardware. (2) The system software shall be able to detect either approaching or departing vehicles in multiple traffic lanes. A minimum of 4 detector outputs per video processor module card and each output shall have a minimum of 48 detection zones. Each zone and output shall be user -definable through interactive graphics by placing lines and/or boxes in an image on a video or VGA monitor. The user shall be able to redefine previously defined detection zones (3) The system shall be composed of these principal items, the camera(s), the field communications link between the camera and the VIVDS processor unit, and the VIVDS processor unit along with a PC, video monitor or associated equipment required to setup the VIVDS Central control software to communicate to the VIVDS processor unit shall also be supplied. (4) Definitions. (a) VIVDS Processor Unit. The electronic unit that converts the video image provided by the cameras, generates vehicle detections for defined zones and collects vehicular data as specified. (b) VIVDS Processor System. One or more VIVDS processor modular units required to handle the number of camera inputs. Central Control. A remotely located control center, which communicates with the VIVDS. The VIVDS operator at the central control has the ability to monitor the operation and modify detector placement and configuration parameters. The equipment that constitutes central control is comprised of a workstation microcomputer along with the associated peripherals as described in this special specification. (c) 1-10 8970 12-02 (d) Field Setup Computer. A portable microcomputer used to set up and monitor the operation of the VIVDS processor unit. If required to interface with the VIVDS processor unit, the field setup computer with the associated peripherals described in this special specification and a video monitor, also described in this special specification shall be supplied as part of the VIVDS. Field Communications Link. The communications connection between the camera and the VIVDS processor unit. The primary communications link media may be coaxial cable or fiber optic cable. (f) Remote Communications Link. The communications connection between the VIVDS processor unit and the central control. Camera Assembly. The complete camera or optical device assembly used to collect the visual image. The camera assembly consists of a charged coupled device (CCD) camera, environmental enclosure, sun shield, temperature control mechanism, and all necessary mounting hardware. (h) Occlusion. The phenomenon when a vehicle passes through the detection zone but the view from the sensor is obstructed by another vehicle. This type of occlusion results in the vehicle not being detected by the sensor. (e) (g) (i) Or When a vehicle in one lane passes through the detection zone of an adjacent lane. This type of occlusion can result in the same vehicle being counted in more than one lane. Detection Zone. The detection zone is a line or area selected through the VIVDS processor unit that when occupied by a vehicle, sends a vehicle detection to the traffic controller or freeway management system. (j) Detection Accuracy. The measure of the basic operation of a detection system (shows detection when a vehicle is in the detection zone and shows no detection when there is not a vehicle in the detection zone). (k) Live Video. Video being viewed and/or processed at 30 frames per second. (1) Lux. The measure of light intensity at which a camera may operate. (m) Video Monitor. As a minimum shall be a 9-in. black and white monitor with BNC connectors for video in and out. 2. Functional Capabilities. The VIVDS shall provide real-time vehicle detection (within 112 milliseconds (ms) of vehicle arrival). The VIVDS processor unit shall be capable of simultaneously processing information from various video sources, including CCTV video image sensors and video tape players. The video sources may be, but are not required to be, synchronized or line -locked. The video shall be processed at a rate of 30 times per second by the VIVDS processor unit. 2-10 8970 12-02 The system shall be able to detect the presence of vehicles in a minimum of 12 detection zones within the combined field of view of all cameras (a minimum of 12 detection zones per camera input to the VIVDS processor unit). Detection zones shall be provided that are sensitive to the direction of vehicle travel. The direction to be detected by each detection zone shall be user programmable. The VIVDS processor unit shall compensate for minor camera movement (up to 2% of the field of view at 400 ft.) without falsely detecting vehicles. The camera movement shall be measured on the unprocessed video input to the VIVDS processor unit. The camera shall operate while directly connected to VIVDS Processor Unit. Once the detector configuration has been downloaded or saved into the VIVDS processor unit, the video detection system shall operate with the monitoring equipment (monitor and/or laptop) disconnected or on-line. When the monitoring equipment is directly connected to the VIVDS processor unit, it shall be possible to view vehicle detections in real-time as they occur on the field setup computer s color VGA display or the video monitor. 3. Vehicle Detection. (1) Detection Zone Placement. The video detection system shall provide flexible detection zone placement anywhere within the combined field of view of the image sensors. Preferred presence detector configurations shall be lines or boxes placed across lanes of traffic or lines placed in-hne with lanes of traffic. A single detector shall be able to replace one or more conventional detector loops. Detection zones shall be able to be fully overlapped. In addition, detection zones shall have the capability of implementing "AND' and "OR" logical functions including presence, extension and delay timing. These logical functions may be excluded if provisions are made to bring each detector separately into the controller and the controller can provide these functions. (2) Detection Zone Programming. Placement of detection zones shall be by means of a graphical interface using the video image of the roadway. The monitor shall show images of the detection zones superimposed on the video image of traffic while the VIVDS processor is running. The detection zones shall be created by using the mouse or keypad to draw detection zones on the monitor. The detection zones shall be capable of being sized, shaped and overlapped to provide optimal road coverage and detection. It shall be possible to save the detector configurations on disk to download detector configurations to the VIVDS processor unit and to retrieve the detector configuration that is currently running in the VIVDS processor unit. The mouse or keypad shall be used to edit previously defined detector configurations so as to fine-tune the detection zone placement size and shape. Once a detection configuration has been created, the system shall provide a graphic display of the new configuration on its monitor. While this fine-tuning is being done the detection shall continue to operate from the detector configuration that is currently called for. 3-10 8970 12-02 (3) When a vehicle occupies a detection zone, the detection zone on the live video shall indicate the presence of a vehicle, thereby verifying proper operation of the detection system. With the absence of video, the card shall have an LED that will indicate proper operation of the detection zones. Detection zones shall be provided that is sensitive to the direction of vehicle travel. The direction to be detected by each detection zone shall be user programmable. Design Field of View. The video detection system shall reliably detect vehicle presence in the design field of view. The design field of view shall be defined as the sensor view when the image sensor is mounted 24 ft. or higher above the roadway, when the camera is adjacent (within 15 ft.) to the edge of the nearest vehicle travel lane, and when the length of the detection area is not greater than 10 times the mounting height of the image sensor. Within this design field of view, the VIVDS processor unit shall be capable of setting up a single detection zone for point detection (equivalent to the operation of a 6 ft. by 6 ft. inductive loop). A single camera, placed at the proper mounting height with the proper lens, shall be able to monitor up to and including 5 traffic lanes simultaneously. (4) Detection Performance. Detection accuracy of the video detection system shall be comparable to properly operating inductive loops. Detection accuracy shall include the presence of any vehicle in the defined detection zone regardless of the lane, which the vehicle is occupying. Occlusion produced by vehicles in the same or adjacent lanes shall not be considered a failure of the VIVDS processor unit, but a limitation of the camera placement. Detection accuracy (a minimum of 95%) shall be enforced for the entire design field of view on a lane by lane and on a time period basis. (5) Equipment failure, either camera or VIVDS processor unit, shall result in constant vehicle detection on affected detection zones 4. VIVDS Hardware. (1) VIVDS Processor Unit — Cabinet Mounting. The VIVDS processor unit shall be rack mountable. Single and multi channel card rack processors shall be available as shown on the plans. (2) VIVDS Processor Unit - Environmental Requirements. The VIVDS processor unit shall be designed to operate reliably in the adverse environment found in the typical roadside traffic cabinet. It shall meet the environmental requirements set forth by the latest NEMA (National Electrical Manufacturers Association) TS1 and TS2 standards as well as the environmental requirements for Type 170,Type 179 and 2070 controllers. Operating temperature shall be from -30°F to +165°F at 0% to 95% relative humidity, non -condensing. VIVDS Processor Unit — Electrical. The VIVDS shall have a modular electrical design. The VIVDS shall be powered by 89-135 VAC, 60 Hz single phase. Power to the VIVDS shall be from the transient protected side of the AC power distribution system in the traffic control cabinet in which the VIVDS is installed. (3) 4-10 8970 12-02 Serial communications to the field setup computer shall be through an RS-232 serial port. This port shall be able to download the real-time detection information needed to show detector actuations. A connector on the front of the VIVDS processor unit shall be used for serial communications. The equipment shall be provided with both TS 1 and TS2 interfaces. (a) TS1 mterface. The 2-channel VIVDS processor cards shall be equipped with a NEMA TS1 detector interface for a minimum of 4 detector outputs Logic output levels shall be compatible with the NEMA TS1. (If required for additional detector outputs, a 'D" subminiature connector on the front of the VIVDS processor card or extension modules can be used for interfacing to these outputs). (b) TS2 interface. The VIVDS processor unit shall be equipped with a NEMA TS2 Type 1 detector interface, where detector information is transmitted serially via an RS-485 data path. The two channel VIVDS processor card shall plug into existing TS2 detector racks for a minimum of 4 detector outputs. (If required for more detector outputs, a ' D" subminiature connector on the front of the VIVDS processor card or extension modules can be used for interfacing to these outputs). The VIVDS processor unit shall be equipped with RS-170 (monochrome) composite video inputs, so that signals from image sensors or other synchronous or asynchronous video sources can be processed in real-time. BNC connectors on the front of the VIVDS processor unit or video patch panel shall be used for all video inputs. The VIVDS processor unit shall be equipped with a single RS-170 composite video output This output shall be capable of being switched to correspond to any one of the 2-video inputs, as selected remotely via the field setup computer or front panel switch. Multiple video outputs requiring external cable connections to create a combined single video output shall not be acceptable. A BNC or RCA connector shall be used for video output on the front of the processor unit. The VIVDS processor unit software and/or the supervisor software shall include diagnostic software to allow testing the VIVDS functions. This shall include the capability to set and clear individual detector outputs and display the status of inputs to enable setup and troubleshooting in the field. 5. Camera Assembly. (1) Camera. The video detection system shall use medium resolution, monochrome image sensors as the video source for real-time vehicle detection. The cameras shall be approved for use with the VIVDS processor unit by the supplier of the VIVDS. As a minimum, each camera shall provide the following capabilities: (a) Images shall be produced with a Charge Coupled Device (CCD) sensing element with horizontal resolution of at least 380 lines and vertical resolution of at least 350 fines. Images shall be output as a video signal conforming to RS170. (b) Useable video and resolvable features in the video image shall be produced when those features have luminance levels as low as 0.1 lux at night. 5-10 8970 12-02 (c) Useable video and resolvable features in the video image shall be produced when those features have luminance levels as high as 10,000 lux during the day. (d) The camera shall include an electronic shutter or auto -iris control based upon average scene luminance and shall be equipped with an electronic shutter or auto - iris lens with variable focal length and variable focus that can be adjusted without opening up the camera housing to suit the site geometry. The variable focal length shall be adjustable from 6 mm to 34 mm. (2) Camera and Lens. The camera and lens assembly shall be housed in an environmental enclosure that provides the following capabilities: (a) The enclosure shall be waterproof and dust -tight to the latest NEMA-4 specifications. (b) The enclosure shall allow the camera to operate satisfactorily over an ambient temperature range from -30°F to +165°F while exposed to precipitation as well as direct sunlight. (c) The enclosure shall allow the camera horizon to be rotated in the field during installation. (d) The enclosure shall include a provision at the rear of the enclosure for connection of power and video signal cables fabricated at the factory. Input power to the environmental enclosure shall be nominally 115 VAC 60 Hz. A thermostatically controlled heater shall be at the front of the enclosure to prevent the formation of ice and condensation, as well as to assure proper operation of the lens's iris mechanism. The heater shall not interfere with the operation of the camera electronics, and it shall not cause interference with the video signal. (f) The enclosure shall be light-colored or unfinished and shall include a sun shield to minimize solar heating The front edge of the sunshield shall protrude beyond the front edge of the environmental enclosure and shall include provision to divert water flow to the sides of the sunshield. The amount of overhang of the sun shield shall be adjustable to block the view of the horizon to prevent direct sunlight from entering the lens. Any plastics used in the enclosure shall include ultra violet inhibitors. (e) (g) The total weight of the image sensor in the environmental enclosure with sunshield shall be less than 101b. (h) When operating in the environmental enclosure with power and video signal cables connected, the image sensor shall meet FCC class B requirements for electromagnetic interference emissions. The video output of the cameras shall be isolated from earth ground. All video connections for the cameras to the video interface panel shall also be isolated from earth ground. Connections for both video and power shall be made to the image sensor using waterproof, quick disconnect connectors. 6-10 8970 12-02 A camera interface panel capable of being mounted to sidewalls of a controller cabinet shall be provided for protection of the VIVDS processor unit, camera video and power inputs/outputs. The panel shall consist of as a minimum, 4 Edco CX06 coax protectors, a Edco ACP-340 for the cameras and VIVDS processor unit power, a 10 amp breaker, a convenience outlet protected the ACP-340 and a terminal strip with a minimum of sixteen 8-32 binder head screws. The terminal strip shall be protected by a piece of 1/8 in. Plexiglas. When the connection between the image sensor and the VIVDS processor unit is coaxial cable, the coaxial cable used shall be a low loss, 75 ohm, precision video cable suited for outdoor installation, such as Belden 8281 or TxDOT approved equal. Camera mounting hardware shall allow for vertical or horizontal mounting to the camera enclosure. Pelco AS-0166-4-62 or equivalent is acceptable. 6. Field Communication Link The field communications link shall be a one-way communications connection from the camera to the equipment cabinet. The primary communications link media may be coaxial cable or fiber optic cable accompanied by a 3 conductor minimum 18 AWG, 24 VDC or 115 VAC camera power cable, or appropriate cable as approved by the Engineer. The following requirements shall govern for the various types of field communications link media described on the plans: (1) Coaxial Cable. In locations where the plans indicate coaxial cable is required as the primary communications link, this cable shall be of the RG-59 type with a nominal impedance of 75 ohms. All cable shall have a polyethylene dielectric with copper braid shield having a minimum of 98 percent shield coverage and not greater than 0.78 dB attenuation per 100 ft. at 10 MHz with a minimum 18 AWG external 3 conductor power cable or approved equivalent as directed by the Engineer. (2) Fiber Optic Cable. If specified by the plans, shall be in accordance with the special specification for fiber optic cable. (3) Twisted Wire Pairs. Shall be Belden 9556 or equivalent 18 AWG TWP control cable. All connection cables shall be continuous from the equipment cabinet to the camera. No splices of any type will be permitted. Lightning and transient surge suppression devices shall be installed on the processor side of the field communications link to protect the peripheral devices. The suppression devices shall be all solid state. In the event a fiber optics communications, then no lightning protection is required for that communication line. The devices shall present a high impedance to, and shall not interfere with, the communications lines during normal operation. The suppression devices shall not allow the peak voltage on any line to exceed 300% of the normal operating peak voltage at any time. The response time of the devices shall not exceed 5 nanoseconds. 7. VIVDS Set -Up System The minimum VIVDS set-up system, as needed for detector setup and viewing of vehicle detections, shall consist of a field setup computer and Windows -based interface software (if required) and/or a video monitor with interface 7-10 8970 12-02 software built-in to the VIVDS processor unit. Live video (30 frames per second) shall be available on the field setup computer to determine proper operation of detectors. The field set-up computer as a minimum, shall have an NTSC video input port or equivalent. If a field setup computer is required for system set-up, it shall be supplied by the supplier of the VIVDS. The field setup computer shall include all necessary cabling and a Windows -based program to interface with the VIVDS processor unit. This software shall provide an easy to use graphical user interface and support all models/versions of the supplied VIVDS. Live video with the detection overlaid is required for field verification of the system. 8. Temporary Use and Retesting. (1) Temporary Use When shown on the plans, the VIVDS equipment shall be used to provide vehicle detection on a temporary basis. When the permanent vehicle detection system and related equipment are installed and made operational, the VIVDS equipment shall be carefully removed and delivered, by the Contractor, to the location shown on the plans. (2) State Retesting and Acceptance. Prior to State acceptance, all VIVDS equipment may be retested by the State, even if the system was operating properly before removal. The Contractor shall repair or replace any equipment damaged during removal or transport and any equipment that does not meet the various test requirements, as approved by the Engineer. 9. Operation from Central Control. The central control shall transmit and receive all information needed for detector setup, monitor the vehicle detection, view the vehicle traffic flow at a rate of 2 frames per second or greater for telephone, or 5 frames a second or greater for ISDN lines (as specified by the plans), and interrogate all required stored data. The remote communications link between the VIVDS processor unit and central control may be dial -up (telephone or ISDN lines) or dedicated twisted wire pair communications cable which may be accompanied with coaxial cable or fiber-optic cable, as shown on the plans. Communications with the central control shall not interfere with the on -street detection of the VIVDS processor. 10. Installation and Training. The supplier of the video detection system shall supervise the installation and testing of the video and computer equipment. A factory certified representative from the supplier shall be on -site during installation. In the event that the field setup computer is furnished by TxDOT, such installation and testing shall be done at the time that training is conducted. Up to 2 days of training shall be provided to personnel of TxDOT in the operation, setup and maintenance of the video detection system. Instruction and materials shall be provided for a maximum of 20 persons and shall be conducted at a location selected by TxDOT. TxDOT shall be responsible for any travel and room and board expenses for its own personnel. 8-10 8970 12-02 Instruction personnel are required to be certified by the equipment manufacturer. The User's Guide is not an adequate substitute for practical, classroom training and formal certification by an approved agency. Formal levels of factory authorized training are required for installers, contractors and system operators. All training must be certified by the manufacturer. 11. Warranty Maintenance and Support. The video detection system shall be warranted to be free of defects in material and workmanship for a period of 5 years from date of shipment from the supplier's facility. During the warranty period, the supplier shall repair with new or refurbished materials, or replace at no charge, any product containing a warranty defect provided the product is returned FOB to the supplier's factory or authorized repair site. Product repair or replaced under warranty by the supplier will be returned with transportation prepaid. This warranty does not apply to products damaged by accident, improper operation, abused, serviced by unauthorized personnel or unauthorized modification. During the warranty period, technical support shall be available from the supplier via telephone within 4 hours of the time a call is made by a user and this support shall be available from factory certified personnel or factory certified installers. Ongoing software support by the supplier shall include updates of the VIVDS processor unit and supervisor software (if a field setup computer is required for set up). These updates shall be provided free of charge during the warranty period. The update of the VIVDS software to be NTCIP compliant shall be included. The supplier shall maintain a program for technical support and software updates following expiration of the warranty period. This program shall be made available to TxDOT in the form of a separate agreement for continuing support. The supplier shall maintain an ongoing program of technical support for the wireless camera system. This technical support shall be available via telephone or personnel sent to the installation site. The supplier shall maintain an adequate inventory of parts to support maintenance and repair of the wireless camera system. 12. Measurement. The VIVDS shall be measured as each major system component furnished, installed, made fully operational, and tested in accordance with this special specification or as directed by the Engineer. The VIVDS communication cable will be measured by the linear foot of the appropriate media type furnished, installed, made fully operational, and tested in accordance with this specification, other referenced Special Specifications or as directed by the Engineer. When the VIVDS is used on a temporary basis, the VIVDS shall be measured as each system furnished installed, made fully operational including reconfiguration and removal if required by the plans, and tested in accordance with this special specification or as directed by the Engineer 9-10 8970 12-02 These are plans quantity measurement Items and the quantities to be paid for will be those quantities shown in the proposal and in the "Estimate and Quantity" sheet of the contract plans, except as may be modified by Article 9.8 If no adjustment of quantities is required, additional measurements or calculations will not be required. 13. Payment. The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement' will be paid for at the unit price bid for "VIVDS Processor System", 'VIVDS Camera Assembly", "VIVDS Central Control", "VIVDS Set-up System", "VIVDS Temporary", ' VIVDS Communication Cable (Coaxial)," and "VIVDS Communication Cable (Fiber Optic)". These prices shall be full compensation for furnishing, placing, and testing all materials and equipment, and for all tools, labor, equipment, hardware, operational software package(s), supplies, support, personnel training, shop drawings, documentation, and incidentals necessary to complete the work. A 3 conductor power cable shall be included with the communication cable. These prices also include any and all interfaces required for the field and remote communications links along with any associated peripheral equipment, including cables; all associated mounting hardware and associated field equipment; required for a complete and fully functional visual image vehicle detection system component 10-10 8970 12-02