R2004-002 01-12-04 RESOLUTION NO. R2004-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AWARDING A BID FOR CONSTRUCTION OF THE CORRIGAN
BY-PASS DITCH DRAINAGE IMPROVEMENTS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City opened bids for construction of the Corrigan By-Pass
Ditch Drainage Improvements, and such bids have been reviewed and tabulated.
Section 2. That the City Council hereby awards the bid to NBG Constructors, Inc.,
in the amount of $2,374,770.00.
Section 3. The City Manager or his designee is hereby authorized to execute a
contract for construction of the Corrigan By-Pass Ditch Drainage Improvements.
PASSED, APPROVED and ADOPTED this the 12th day of January ,
A.Do, 2004.
ATTEST:
1Y SE~]~ETARY
APPROVED AS TO FORM:
DARRI~ M. COK~R
CITY ATTORneY
TOM REI~3
MAYOR
CITY OF PEARLAND
Mobility and Drainage Bond Program
Corrigan Ditch By Pass Channel
BID TABUALTION
BID NUMBER B 2003-081 BID DATE '11112/03
i item iDescrlption IUnit iQuantitYI NGB Constructors, Inc.I W,T. B¥1er Co. Inc. IR ....Industries, I,c. I Ja~/.Et Consultants, LLC I
8; c :'11 '°'a'B'd I a'dun't I T°l"8'd I a'dUn8 I I--dU.,lP.,ceI To , ,d I
I ~Aobilization LS I $150~000.00 $ 150,000.00 $107,000.00 I $ 107,000.00 I $135,000.00 $ 135,000.00 $ 82,585.42 $ 82,555.42
2 ~leadn,~andGrubbn,o LS 1 $ 38,000.00 $
38.000.00 ~ 32.800.00 ~ 32,600.001~ 85,000.00 ~ 85,000.00 ~ 39,641.341S 39.641.34
3 RemoveandD~sposeofExsin,qpjpe LF 370 $ 10.00 $ 3.70O.0O 18.00 6,660.00 20.00 7,400.00 13.02 '$ 4.617.40
4 Remove and Relocale Mailboxes & S ,~ns LS I $ 600.00 $ 600100 $ 2,5O0.00 $ 2,900.00 $ 950.00 $ 950.00 $ 533.73 $ 533.73
5 ~emove ExisfinQ Fence LS I $ 1,5O0,00 $ 1.000.00 $ 14.000.00 $ 14,000.00 $ 1,000.00 $ 1,000.00 $ 8,107.52 $ 8,107.52
6 Remove and Dispose of Asphall Pavement SY 5,200$ 1.00 $ 5,200.00 $ 2.30 $ 11,960.00 $ 4,00 $ 20,5O0.00 $ 7.54 $ 39,208.00
7 I Remove and Dispose of Concrete Pvmt SY 100 $ 2.00 $ 200.00 $ 25.00 $ 2,500.00 $ 9.00 $ 900.00 $ 2.60 $ 260.00
8 IRemoveandDisposeofExistinQWindmill LS 1 $ 1,100.00 $ 1,100.00 $ 4.000.00 $ 4,000,00 $ 503.00 $ 500.00 $ 1,329.34 $ 1,329.34
9 IAbandon Exi$tin~l WaterWell EA 2 $ 2,500.00 $ 5,000.00 $ 2,100.00 $ 4,200.00 $ 1.725.00 $ 3,450.00 $ 4.558.44 $ 9.116.88
10Hatfield Road Brid~e LS I $ 250,000.00 $ 250,000.00 $ 305,000.00 $ 305,000.00 $ 345,000.00 $ 345.060.00 $ 387,468.14 $ 387,468.14
11Fite Road Brld~]e LS 1 $ 225,000.00 $ 225,000.00 $ 260,005.00 $ 290,000.60 $ 310,5O0,C0 $ 310,006.00 $ 383,816.82 $ 383,816.82
12PdvateRoadSrid~e LS 1 $ 70.000.00 $ 70.000.00 $125,0~0.00 $ 125,000.00 $112,000.00 $ 112,000.06 $ 171.929.48 $ 171,929.48
1324'CdlledSha~tFootn,~ VF 1,300$ 65.00 $ 84.500.00 $ 64.00 $ 83,200.00 $ 53.00 $ 68,900.00 $ 88.13 $ 114,589.00
1436"DsIledSha~tFootin~ VF 1.625$ 140.00 $ 227,800.00 $ 110.00 $ 178~750.00 $ 105.00 $ 170,625.00 $ 156.51 $ 264,328.75
15Typo"RRB" Rip Rap SY 1,800$ 42.00 $ 75,600.00 $ 50.00 $ 901000.00 $ 30.00 $ 54,000.00 $ 62.30 $ 112. t40.00
16Channet Excava6on CY 102,300 $ 2.10 $ 214,830.00 $ 2.70 $ 276,210.00 $ 2.00 $ 204,800.00 $ 2.68 $ 274,164.00
17Maintenance Berm Fill CY 2~200$ 2.00 $ 4,400.00 $ 4.00 $ 8,800.00 $ 5.00 $ 11.000.00 $ 1.83 $ 4,028.00
16FilI-DamSec{ion CY 1.200$ 12.50 $ 15,000,00 $ 10.00 $ 12,000.00 $ 5.00 $ 6,000.00 $ 3.65 $ 4,380.00
19Haul and Stockpile Excavated Material to Hatfield Site CY 4,000$ 1.00 = $ 6.000.00 $ 1.00$ 4,0O0.0O $ 6.00 $ 24,000.00 $ 2.44 $ 9.760.00
20Haul and Stockp$e Excavated Matedal to Kirby Site CY 4.000$ 4.00 i $ 16,000.00 $ 4.00 $ 16,000.00 $ 6.00 $ 24,000,00 $ 6.70 $ 26.800.00
21Clay Line Channel SY 500 $ 7.00 $ 3.500.00 $ 15.00 $ 7,500.00 $ 6.00 $ 3,000.00 $ 6.67 $ 3.335.00
22 Load Excavated Matedal CY 5.600$ 1.00 $ 5,600.00 $ 1.50 $ 8,400.00 $ 4.00 $ 22.400.00 $ 1.61 $ 9,016.00
23 Hau~ and Dispose of Surplus Excevafed Materiel CY 84,800 $ 3.50 $ 296,800.00 $ 2.90 $ 245.920.00 $ 3.40 $ 268,320.00: $ 4.46 $ 376.208.00
24 ConcreteCellularMaBress SY 6.00O$ 45.O0 $ 270,000.00 $ 35.50 $ 213,0C0.00 $ 32.00 $ 192.000.005 42.39 $ 254.34O.OO
25 Grade Backslope Swales LF 10.200 $ 0.75 $ 7.65O.00$ 1.40$ 14.200.00 $ 2.50 $ 25.500.00 ~ $ 1.61 $ 16.422.00
26 18-inch RCP Storm Sewer LF 135 $ 60.00 $ 8.100.00 $ 37.00 $ 4.995.00 $ 38.00 $ 5,130.00 $ 80.53 $ 10,871.55
27 24-inchRCPStormSewer LF 300 $ 40.00 $ 12,000.00 $ 43.00 $ 12,900.06 $ 44.00 $ 13.200.00 $ 121.56 $ 36.468.00
28 36-inch RCP Storm Sewer LF 90 $ 90.00 $ 6.100.00 $ 70.00 $ 6,300.00 $ 71.5O $ 6,390.00 $ 159.54 $ 14,358.60
29 42-inchRCPStormSewer LF 90 $ 60.00 , $ 8,100.00 $ 83.00 $ 7,470.00 $ 90.00 $ 8,100.00 $ 197.54 $ 17,776.60
30 18-inch ASCP Storm Sewer LF 1,300$ 35.00 $ 45,500.00 $ 30.00 $ 39,000.00 $ 35,(30 $ 45,500.00 $ 50.14 $ 65.162.00
31 24-inchASCPStormSewer LF 215 $ 45.00 $ 9,675.00 $ 40.00 $ 6,600.00 $ 43.00 iS 9.245.00 $ 51.67 $ 11,109.05
32 42-inchASCPStormSewer LF 80 $ 75.00 $ 6,000.00 $ 55.00 $ 4.400.00 $ 340.00 iS 27,200.00 ~ 100.29 $ 8,023.20
33 16" RCP 4:1 Safety End Treafmenls EA 3 $ 600.00 $ 1.800.00 $ 855.00 $ 2,565.00 $ 450.00 ! $ 1,350.00 1,048.44 ' $ 3,145.32
3424" RCP 4:1 Safely End Treatmenls EA 4 $ 700.00 $ 2.800.00 $ 1,120.00 $ 4.45O.00 $ 572.00 ! $ 2,286.00 ~ 1,397.92 $ 5.591.66
35 36" RCP 4:1 Safety End Trealo'~ntsEA I $ 2.400.00 $ 2,400.00 $ 3,360,00 $ 3.360.00 $ t,300,00 $ 1.300.00 I 3,722.73 $ 3,722.7~
36 Type "A" Inlet EA 6 $ 1.000,00 $ 9,000.00 $ 1,000,5o $ 9.05O,00 $ 700.00 $ 6,000.00 $ 2,735.07 $ 24,615.63
37 ModifledTypo"A"lntet EA 3 $ 1,700.00 $ 5,100,00 $ 3~400.00 $ 10,200.00 $ I~750.00 $ 5.250.00 :$ 4~254.55 $ 12.763.65 ,
38 Modified Type "B' Berm Inlet EA 19 $ 1,5O0.00 $ 28,500.00 $ 1,500.00 i $ 28,500,00 $ 860.00 $ 16.340.00 $ 2.735.07 $ 51,966.33
39Re,fade Ex s n~ Roads de D tches LF 200 $ 5.00 $ 1,000.00 $ 10.00 $ 2.000.00 ~ $ 9.00 $ 1,800.00 $ 2.24 $ 448.00
40 12"SteelSanilarySewer LF 120 $ 62.00 $ 7,440.00 $ 115.00 $ 13,800.00 $ 135.00 $ 16,200.00 $ 229.44 $ 27,532.80
41 3an~awSewerManholesComplete EA 2 $ 2.100.00 $ 4,2O0.00 $ 2,000.0O $ 4,000.00 i $ 1,750.00 $ 3,600.00 $ 3,190.91 $ 6.381.82
42 4' PVC SanSa~ Sewer Force Main LF 210 $ 11.00 $ 2,310.00 $ 20.00 $ 4,200.00 $ 15.00 $ 3,150.00 $ 37.06 ~$ 7,975.80
43 4' Sleet Force Ma n Brid,qe Cross n,9 EA I $ 4,5O0.00 $ 4,900.00 $ 6,500.00 $ 6.500.00 $ 2,893.09 $ 2,893.00 $ 17,777,95 : $ 17,777.95
44 2' Air/Vacuum Release Valve Complete, EA 2 $ 1.300.00 $ 2,600.00 $ 1,000.00 $ 2,000.00 $ 950.06 $ 1,000.00 $ 4,862.34 $ 9,724.68
45 12"SleeIWaterMalnBrid,~eCossn~-HaBeldRD. EA 1 $ 12,000.00 $ 12.000.00 $ 16,500.00 $ 16,500.00 $ 16,500.00 $ 16,500.00 $ 40,874.09 $ 40,874.09
46 12~SleelWaterManBddgeCossnp-F oRD.EA
4712'C-000WaterLine. LF 140 20.00 2,8OO.0O 25.OO $ 3,500.00 2?.00 3.75O.00 69.89 $ 9,784,60
49TrenchSafety LF 500 : 1.00 500.00 S 25.00 S'--~2.500.00,: 1.00 $$ 600 ..... 52 760.00
51 Roadway Fill CY $ 3.00 2,400.00 8,~0 6,400.00 $ 6.00 $ 4.800,00 $ 5.93 $ 4,744.00
52 12" Lime Stablized Sub-Grade SY 2,400$ 4.00 $ 9,600.00 $ 1.50 $ 3,600.00 $ 2.50 $ 6,000.00 $ 9.88 $ 23,712.00
53 Lime TON 80 $ 100.00 $ 8,000.00 $ 115.00 $ 9,200.00 $ 110.00 $ 8,800.00 $ 136.75 $ 10.940.00
54 §"Asphal~BaseCourse SY 2,100$ 16.5o $ 34.650.00 $ 15.00 $ 31.5O0.00 $ 1800 ~ 37.800.00 ~ 31.15 $ 65,415.00
552"Asphal~SudaceCoutse SY 1.850 $ 6.50 $ 12,025.00 $ 6.0O$ 11,100.00 $ 12.00 22,2O0.00 15.19 $ Z5.101.50
56 6' Crashed Stone Tamp Access Road SY 300 $ 15,00 $ 4,500.00 $ 7.50 $ 2,250.00 $ 13.00 $ 3,900,00 $ 10.64 $ 3,192.00
57 4"TrafficPaintPavementMarktn~WhiteLF 1,950$ 0.20 $ 390,00 $ 0.25 $ 487.50 $ 0.60 $ %170.00 $ 0.31 $ 604,50
58 4" Traffic Paint Pavement Markin~l Yellow LF 750 $ 0.20 $ 150.00 $ 0.25 $ 187.50 $ 0.60 $ 450.00 $ 0.31 $ 232,50
59 12" Traffic Paint Pavement Markin~ White LF 460 $ 1.50 $ 690.00 $ 2.00 $ 920.00 $ 3.00 $ 1,380.00 $ 2.28 $ 1,048.80
60 4' Barbed Wire Fence LF 7,800$ 3.25 $ 25,350.0O $ 3,40 $ 26,520.00 $ 2.60$ 2O,280.OO $ 4.33 $ 33.774.00
61 ~,' Chain Link Fence LF 520 $ 6.00 $ 3,120.00 $ 7.00 $ 3,640.00 $ 6.00 $ 3.120.00 $ 8.89 $ 4,622.5O
62 B'ChainLinkFence LF 1.200$ 7.50 $ 9.500.00 $ 10.50 $ 12,600.00 $ 7.50 $ 9.000.00 $ 13,44 $ 16,128.00 ,
63 $'Wood Fence LF 420 $ 15.50 $ 6,510.00 $ 17.00 $ 7,140.00 $ 17.00 $ 7,140.00 $ 25.75 i $ 10.8t5.00
64 18"DoubeSwn,oGate EA 2 $ 1,000.00 $ 2,000.00 $ 900.00 $ 1,600.00 $ 1,380.00 $ 2,760.00 $ 1.179.12 $ 2.358.22i
65 Pipe Swln~ Gate EA 6 $ 1,000.00 $ 6.000.00 $ 700.00 $ 5.600.00 $ 460.00 $ 3,680.00 $ 1,041.60 $ 8,332.80
66 Hydromulch Sideslopes and Berm SY 81,000 $ 0.16 $ 14,580.00 $ 0.35 , $ 28,350.00 ! $ 0.30 $ 24,300.00 $ 0.40 $ 32,400.00
67 F~einforcedFilterFabdcBarder LF 16,500 $ 1.50 $ 24,750,00 $ 1.50 $ 24,750.00 $ 2.00 $ 33.000.00 $ 1.75 $ 28,875.00
68 Stablized Construction Exit EA 8 $ 1,500.00 $ 12,000.00 $ 2,000.00 $ 16,600.00 $ 700.00 $ 5,600.00 $ 2~798.87 $ 22,390.96
69 i rrafficControlPlen LS I $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 34,500.00 $ 34,500.00 $ 29,338.18 $ 29,338.18
70 16 FT Chain Link Gale EA 8 $ 450.00 $ 3,600.00 $ 700.00 $ 5,600.00 $ 1,150.00 $ 9.200.00 $ 1,046.44 $ 8,387.52
TOTAL $2,374,770.00 $2,504,745,00 $2,567,921.00 $3,353,294.01
t.
• Corrigan Subdivision Drainage Improvements
CITY OF PEARLAND w Corrigan Ditch By-Pass Channel- Fence
Bond No. TX600778
CONSTRUCTION PERFORMANCE BOND
Any-singular reference to Contractor, Surety,OWNER, or other party shall be considered plural where
applicable.
CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business):
Four Seasons Development Company, Inc. Merchants Bonding Company (Mutual
5825 W. Sam Houston Pkwy. N 2100 Fleur Drive
Houston, Texas 77041 Des Moines, IA 50321-1158
OWNER (Name and Address):
City of Pearland
3519 Liberty Drive
Pearland,Texas 77581 .
CONSTRUCTION CON'1'RACl'
Date: , 2004
Amount(In Numbers and Words): Forty-Seven Thousand Eight Hundred Four and no/100--
($47,804.00-)
Description (Name and Location); Corrigan Subdivision Drainage Improvements
The Corrigan Ditch By-Pass Channel Fence
BOND
Date(Not earlier than Contract Date): , 2004
Amount(In Numbers and Words): Forty-Seven Thousand Eight Hundred Four and no/100--
($47,804.00--)
Modifications to this Bond Form: n/a
•
CONTRACTOR AS PRINCIPAL, SURETY
Company: (Corp. Seal) Company:
our Sxastus�Development (C,orp, Seal)
oml;an nc. erchants Bonding Compny ilNutuai A 9
Signature: . -j44< "SI LL —6 n �►
Name \-,,,`and e. Name Title: Kimberly t._ 7 1
LJ.I i ie�:+'• ,\idlri�+ and .C�tlll:)C L'1 J. 'm-Jr T�t1� Si.... r
�� Y AEtorne IrI--I'a�t
J
i'mjCt No.D5251t25G.tXXI4 Oc6in �z� a •r
vSleip o.n ,,. .. ►4 r•O45TP1:!''TQN1,lu_:.,c;r.1?TC2r;..Yr.
Corrigan Subdivision Drainage Improvements
CITY OFPEARLAND Corrigan Ditch By-Pass Channel—Fence
WHEREAS:
- .I. 'Me CONTRACTOR and the Surety,jointly and severally, bind themselves, their officers,
directors, shareholders, partners, heirs, executors, administrators, successors, and assigns to the
OWNER for the performance of the Construction Contract, which is incorporated herein by
reference.
2. lithe CONTRACTOR performs the Construction Contract, the Surety and the CONTRACTOR
shall have no obligation under this Bond, except to participate in conferences as provided in
Subparagraph 3.1 hereinafter.
3. If there is no OWNER Default, the Surety's obligation under this Bond shall arise after:
3.1. The OWNER has notified the CON'I'RA('TOR and the Surely at its address (described in
Paragraph l0 below) that the OWNER is considering declaring a CONTRACTOR Default and
that the OWNER has requested and attempted to arrange a conference with the CONTRACTOR
and Surety to be held not later than fifteen (15) days alter receipt of such notice to discuss
methods ofpertonning the Construction Contract. lithe OWNER, the CONTRACTOR,OR, and
Surety agree, the CONTRACTOR shall be allowed a reasonable time to perform the
Construction Contract, but such an agreement shall not waive the OWNER'S right, ifany,
•
subsequently to declare a CONTRACTOR Default; and
3.2. The OWNER has declared a CONTRACTOR Default and thiY>•h.ally terminated the
CONT.RACTOR's right to complete the contract. Such CONTRACTOR Default shall not be
declared earlier than twenty (20) clays after the CONTRACTOR and the Surety have received
notice as provided in Subparagraph 3.1; and
3.3 The OWNER has agreed to pay the Balance of the Contract Price to the Surety in accordance
with the terms of the Construction Contract or to a contractor selected to perform the
Construction Contract in accordance with the terms of the contract with the OWNER.
4. When the OWNER has satisfied the conditions of Paragraph 3, the Surety shall, within
thirty(30).days after notice of default, and at the Surety's expense, take one of the following
actions:
4.1. Arrange for the CONTRACTOR., with consent of the OWNER, to perform and complete the
Construction Contract; or
4.2. Undertake to perform and complete the Construction Contract itself, through its agents, or
through independent contractors; or
4.3. Obtain-bids or negotiated proposals from qualified contractors acceptable to the OWNER for a
contract for performance and compaction of the Construction Contract; arrange for a contract to
be prepared for execution by the OWNER and the contractor selected with the O WNER's
concurrence to be secured with performance and payment bonds executed by a qualified surety
equivalent to the hoods issued on the Construction Contract; and pay to the OWNER the amount
of damages, as described in Parap-aph 6 hereinafter, in excess of the balance of the Contract
Price incurred by the OWNER re,:ulting from the CONTRACTOR'S default; or
•
t'"ti-«ho,p52Si7256.000a
C);1 .i0— Page2of4
� rONS77t[Ji'rsi lIV PERFORMANCE BON!)
•
• Corrigan Subdivision Drainage Improvements
CITY OF I'EARI.AND Corrigan Ditch By-Pass Channel—Pence
4.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor with
reasonable promptness under the circumstances:
4.4.1. After investigation, determine the amount for which it may be liable to the OWNER and, as
soon as practicable after the amount is detennined, tender payment therefor to the OWNER; or
4.4.2. Deny liability in whole or in part and notify the OWNER citing reasons therefor.
5. If the Surety does not proceed as provided in Paragraph 4, the Surely shall be deemed to be in
default On this Bond. The OWNER shall be entitled to enforce any remedy available to the
OWNER. lithe Surety proceeds as provided in Subparagraph 4.4 above, and the OWNER
•refuses the payment tendered, or the Surety has denied liability, in whole or in part, without
flirter notice, the OWNER shall be entitled to enforce any remedy available to the OWNER.
6. After the OWNER has terminated the CONTRACTOR's right to complete the Construction
Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the
responsibilities of the Surety to the OWNER shall not be greater than those of the
CONTRACTOR under the Construction Contract,and the responsibilities of the OWNER to the
Surety shall not be greater than those of the OWNER under the Construction Contract. To the
limit of the amount of this Bond, but subject to commitment by the OWNER of the Balaince of
the Contract Price, and subject to mitigation of costs and damages on the Construction Contract,
the Surety is obligated and subject without duplication for:
6.1. 'Ilie responsibilities of the CONTRACTOR for correction of defective work and completion of
the Construction Contract;
•
6.2. Additional legal, design professional, and delay costs resulting from the CONTRACTOR's
Default, and resulting from the actions or failure to act of the Surely under Paragraph 4 above;
and
6.3. Liquidated damages, or if no liquidated damages are specified in the Construction Contract,
actual damages caused by delayed performance or nonperformance of the CONTRACTOR.
7. The Surety shall not be liable to the OWNER or others for obligations of the CONTRACTOR
that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not
be reduced or set off on account of any such unrelated obligations. No right of action shall
accrue on this Bond to any person or entity other than the OWNER or its heirs, executors,
administrators, or successors.
8. The Surety hereby waives notice of any change,including changes of time, to the Construction
Contract or to related subcontractors, purchase orders, and other obligations.
9. 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 one year after CONTRACTOR Default, or within one year 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 Lhe 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.
•
F^o;rceNo.052571256.0M4 006160 —Palm 3 of 4
Corrigan Subdivision Drainage Improvements
CITY OFPEARLAND Corrigan Ditch By-Pass Channel—Fence
10. Notice to the Surety, the OWNER, or the CONTRACTOR shall be mailed or delivered to the
address shown on the Signature page.
11. When this Bond has been furnished to comply with a statutory or other legal requirement in the
location where the construction was to be performed, any provision in this Bond conflicting with
said statutory or legal requirement shall be deemed deleted herefrom, and provisions conforming
to such statutory or other legal requirement shall be deemed incorporated herein_ The intent is
that this Bond shall he construed as a statutory bond and not as a common law bond.
1.2. Definitions.
12.1. Balance of the Contract Price. The total amount payable by the OWNER to the
CONTRACTOR under the Construction Contract alter all contractual adjustments, have been
made, including allowance to the CONTRACTOR of any amounts received or to be received by
the OWNER in settlement of insurance or other claims for damages to which the
CONTRACTOR is entitled,reduced by all valid and proper payments made to which the
CONTRACTOR, in accordance with the Contract, is due.
12.2. Construction Contract: The agreement between the OWNER and the CONTRACTOR identified
on the signature page, including all Contract Documents and changes thereto.
12.3. CONTRACTOR Default.: Failure of the CONTRACTOR, which has neither been remedied nor
waived, to perform or otherwise to comply with the terms of the Construction Contract
12.4 OWNER Default: Failure of the OWNER, which has neither been remedied nor waived, to pay
the CONTRACTOR as required by the Construction Contract or to perform and complete or
comply with the other terms thereof
END OF SECTION
•
•
?ro xtNo.0525u25G.0004 0064 64—Pane 4 of 4 C-oNS1•uC'lZoN PERFORMANCE BOND
Corrigan Subdivision Drainage Improvements
CITY OF 1'F,.A.ItI,AND Corrigan Ditch By-Pass Channel....Fence
Bond No. TX600778
CONSTRUCTION PAYMENT BOND
Any singular reference to Contractor, Surety, OWNER., or other party shall be considered plural where
applicable.
CONTRACTOR.(Name and Address): SURETY (Name and Principal Place of Business):
Four Seasons Development Company, Inc. Merchants Bonding Company (Mutual)
5825 W. Sam Houston Parkway N. 2100 Fleur Drive
Houston, Texas 77041 Des Moines, IA 50321-1158
OWNER(Name and Address):
City of Pearland
•
3519 Liberty Drive
Pearland, Texas 77581
CONSTRUCTION CONTRACT
Date: , 2004
Amount (In Numbers and Words): Forty-Seven Thousand Eight Hundred Four and No/100-- (S47,804.00)
Description (Name and Location): Corrigan Subdivision Drainage Improvements
The Corrigan Ditch By-Pass Channel Fence
BOND
Date (Not earlier than Contract Date): 2004
•
Amount(In Numbers and Words): Forty-seven Thousand Eight.:Hundred Four and No/100--- ($47,804.00)
Modifications to this Bond Form: n / a
•
CONTRACTOR AS PRINCIPAL SURETY
Company: • _ (Corp. Seal) Com
pany:_ (Corp. Seal)Four Seasons D nt C �n , Inc. 1 �� \ ( ?C i��,r f na C -pary'. iu ua i,v,..a,,,��„ � c •+: + � .i�iiiu�ci iy J. li 1 L��rney-iii In-Fact.
Projx:No.025117.5.CM» 00620 ,
—Page.S o 4 • (:{.)fJti'I'lii)(.'1'I.o`!PAYMENT BOND
Corrigan Subdivision Drainage Improvements
CITY OF PF.ARLAND Corrigan By-Pass Ditch Channel—Fence
WHEREAS: •
1. The CONTRACTOR and the Surety,jointly and severally, bind themselves, their officers,
directors, shareholders, partners, heirs, executors, administrators, successors and assigns to
the OWNER to pay for labor, materials, and equipment furnished for use in the performance
of the Construction Contract, which is incorporated herein by reference.
2. With respect. to the OWNER, this obligation shall be null and void if the CON'1'RACi'OR.:
2.1. Makes payment in accordance with the nonmal and customary course of business, directly or
indirectly, for all sums due Claimants, and
2.2. Defends, indemnifies, and holds harmless the OWNER from claims, demands, liens, or suits
by any person or entity whose claim, demand, lien,or suit is for payment.for labor,materials
or equipment furnished for use in the performance of the Construction Contract, provided the
OWNER has notified the CONTRACTOR and the Surely (at the address described in
Paragraph 12) of any claims, demands, liens or suits, tendered defense of such claims,
demands, liens or suits to the CONTRACTOR and the Surety within forty-five (4.5) days of
acttia.l knowledge of the event, and provided there is no OWNER Default.
_�. With respect to Claimants, this obligation shall he null and void if the CONTRACTOR
makes payment in accordance with the normal and customary course of business, directly or
indirectly, for all sums due.
4. The Surety shall have no obligation to Claimants under this Bond until:
4.1. Claimants who arc employed by, or have a direct contract with, the CONTRACTOR have
given notice to the Surety (at the address described in Paragraph 12 following) and sent a
copy, or notice thereof; to the OWNER, stating that a claim is being made under this Bond
and, with substantial accuracy, specifics the amount of the claim.
4.2. Claimants who do not have a direct contract with the CONTRACTOR:
4.2.1. Have furnished written notice to the CONTRACTOR and have sent a copy, or notice thereof,
to the OWNER, within ninety(90) days after having last performed labor or last furnished
materials or equipment included in the claim stating, with substantial accuracy, the amount of
the claim and the name of the party to whom the materials were furnished or supplied or for
whom the labor was done or performed: and
4.2.2. Have either received a rejection in whole or in part from the CONTRACTOR, or not
received,within thirty(30) days of furnishing the above notice, any communication from the
CONTRACTOR by which the CONTRACTOR has indicated the claim will be paid directly
or indirectly; and
4.2.3. Not having been paid within the above thirty(30) days, have sent a written notice to the
Surety(at the address described in Paragraph 12 following) and have sent a copy, or notice
thereof;to the O OWNER, that
J YY NEE, statinga claim is bern4 i ude underBond andthis i:ttc_liitira,sr
Dopy of r the previous written notice furnished t.. the CONTRACTOR. •�-
a-� j. cut _ �:. uie
•
r'rga:t P.., C_251 12.+S.f iN 00620--'Rave v 2 o4
CaNSTRUCTION=sue rriEy:`".?'o?-a)
Corrigan Subdivision Drainage Improvements
CITY OFPEIIRLAND Corrigan By-Pass ()itch Channel—Fence
•
5. If a notice required by Paragraph 4 above is given by the OWNER to the CONTRACTOR or
to the Surety, that is sufficient compliance.
6_ • When the Claimant has satisfied the conditions of Paragraph 4 above, the Surety shall
promptly, and at the Surety's expense, take the following actions:
6.1. Send an answer to the Claimant, with a copy to the OWNER, within dirty-live (4.5) clays after receipt of the claim, stating the amounts that arc undisputed and that basis for challenging
any amounts that arc disputed.
6.2. Pay or arrange for payment of any undisputed amounts.
7• The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this
Bond shall be credited for any payments made in good faith by the Surety.
8. Amounts owed by the OWNER to the CONTRACTOR under the Construction Contract shall
be used Ibr the pertimnance of the Construction Contract arid to satisfy claims, if any, under
any Construction Performance Bond. By the CONTRACTOR furnishing, and the OWNER
accepting this Bond, they agree that all funds earned by the CONTRACTOR.in the
performance of the Construction Contractor are dedicated to satisfy obligations of the
CONTRACTOR and the Surety under this Bond, subject to the OWNER'S priority to use the
funds for the completion of the Work_
9. The Surety shall not be liable to the OWNER, Claimants, or others for obligations of the
C(.)N.CR.AC:TOIt that are unrelated to the( onstruction Contract. The OWNER shall not be
liable fur payment of any costs or expenses of any Claimant under this Bond and shall have,
under this Bond, no obligations to make payments, to give notices on behalf, of, or otherwise
have obligations to Claimants under this Bond.
10. The Surety hereby waives notice of any change, including changes of time, to the
Construction Contract or to related subcontracts,purchase Orders, and other obligations.
11. No suit or action shall he commenced by a Claimant under this Bond other than in a court of
competent jurisdiction in the location in which the work or part of the work is located or after
the expiration of one (1)year from the dale(I)on which the Claimant gave the notice
required by Subparagraph 4.1 or Clause 4.2.3, or(2)on which the last labor or service was
performed by anyone or the last materials or equipment were furnished by anyone under the
Constriction Contract,whichever of(i) or(2) first occurs. If the provisions of Paragraph 4
are void or prohibited by law, the minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable_
12. Notice to the Surety, the OWNER, or the CONTRACTOR shall be mailed by certified or
registered mail to the address shown on the signature page. Actual receipt of notice by the
•
Surety, the OWNER, or the CONTRACTOR, however accomplished, shall be sufficient
compliance as of the date received at the address shown on the signature page.
13. When this Bond has been furnished to comply with a \t_tllt(:: •- or other legal requirement
location where the construction was to be performed, any provision in the Bond.
conflicting with said statutory or legal requirement shallbe deleted
� deemed herefrom and
provisions confornming to such statutory or other legal requirement shall he deemed
f7ojc+::No.652i1r256,C'v 00620 - •
`� —Page 3 n; 4
CITY OF PEARLiIND Corrigan Subdivision Drainage Improvements
Corrigan By-Pass Ditch Channel Fence
incorporated herein. The intent is that this Bond shall be construed as a statutory bond and
not as a common-law bond.
14. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the
CONTRACTOR shall promptly furnish a copy of this Bond or shall permit a copy to be
made.
•
15. Definitions.
15.1. Claimant: An individual or entity having a direct contract with the CONTRA(tuR, or with
a subcontractor of the CONTRACTOR, to furnish labor, materials, or equipment for use in
the performance of the Contract. The intent of this Bond shall be to include, without
limitation in the terms, "labor, materials, or equipment"that part of water, gas, power, light,
heat, oil, gasoline, telephone service, or rental equipment used in the Construction Contract;
architectural and engineering services required for performance of the work of the
CONTRACTOR and the CONTRACTOR'S subcontractors; and all other items for which a •
mechanic's lien may be asserted in the jurisdiction where the,labor, materials, or equipment
were furnished.
• 15.2. Construction Contract: The agreement between the OWNER and the CONTRACTOR
identified on the signature page, including all Contract Documents and changes thereto.
15-3. OWNER Default: Failure of the OWNER, which has neither been remedied nor waived, to
pay the CONTRACTOR, as required by the (Construction Contract, or to perform and
complete or comply with the other terms thereof
END OF SECTION
006200--Page 4 of 4
CCN�U77i1i!y PAYMENT BOND
,
POWER OF ATTORNEY
Merchants Bonding Company (Mutual)
Nations Bonding Company
Bond No. .
KNOW ALL PERSONS!BY THESE PRESENTS:That MERCHANTS BONDING COMPANY(MUTUAL)is a corporation duly organized under the
laws of the State of Iowa,and that NATIONS BONDING COMPANY is a corporation duly organized under the laws of the State of Texas
(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint
Kimberly J. Smith,Steve Berry,Nancy T.Berry,Morris D. Plagens,Jr. and/or Richard D.Bright
of Houston and State of Texas their true and lawful Attorney-in-Fact,with full power
and authority hereby conferred in their name, place and stead,to sign, execute, acknowledge and deliver in their behalf as surety
any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any
such instrument shall not exceed the amount of:
TWO MILLION($2,000,000.00)DOLLARS
and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers
of the Companies,and all the acts of said Attorney-in-Fact,pursuant to the authority herein given,are hereby ratified and confirmed.
This Power-of-Attorney is made and executed pursuant to and by authority of the following bylaws adopted by the Board of Directors
of Merchants Bonding Company (Mutual) on November 16, 2002 and adopted by the Board of Directors of Nations Bonding
Company on April 19,2003.
"The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint
Attorneys-in-Fact, and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,
bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof.
The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or
Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship
obligations of the Company, and such signature and seal when so used shall have the same force and effect as though
manually fixed."
In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 1st day of May,2003.
G • • A MERCHANTS BONDING COMPANY(MUTUAL)
�:�,� 9. �'. .y• 9�.y.. NATIONS BONDING COMPANY
.2 0 C;O� : :2 -o_ cm;
:�' • •••. IN /V-Pry 7,,,,,,4_,
2003 a: y 1933 �7.•C
STATE OF IOWA
••.••••• President
COUNTY OF POLK ss.
On this 1st day of May,2003, before me appeared Larry Taylor,to me personally known,who being by me duly sworn did say that
he is President of MERCHANTS BONDING COMPANY(MUTUAL)and NATIONS BONDING COMPANY;and that the seals
affixed to the foregoing instrument are the corporate seals of the Companies;and that the said instrument was signed and sealed in
behalf of the Companies by authority of their respective Boards of Directors.
In Testimony Whereof,I have hereunto set my hand and affixed my Official Seal at the City of Des Moines,Iowa,the day and year first
above written.
1*.t. MARILYN 80YD4 .
Commission Number 10012 .*
My Commission Expires
November 4,2004 /
Notary Public,Polk County,Iowa
STATE OF IOWA
COUNTY OF POLK ss.
I, William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and NATIONS BONDING COMPANY,do hereby certify
that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Cornpaniea,vcftich is
still in full force and effect and has not been amended or revoked.
In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this day of 20
•• N D 14 .. \1G c :
.• O c•. .-av'. .�A
, •
•h •ckP0 •• • oo.P0.6'•.-9
•• , A
.'f.• Cr Secretory
1933 �;• . v ,v • .
•
NBC 0103 (4/n3) .*. r
....,\
7,:: :4)
Merchants Bonding Company
Please send all notices of claim on this bond to:
Merchants Bonding Company (Mutual)
P. O. Box 26720
Austin,TX 78755-0720
(512) 343-9033
•
6
P.O.Box 130089
89
Turner Collie Braden Inc. Houston,Texas 77219-00
5757Woodway7719-0099
Tel:(713)780-4100
Engineers • Planners • Project Managers Fax:(713)780-0838
December 10, 2003 TC&B Project No. 052.511256.0004
Mr. Joe Wertz
Projects Director
City of Pearland
3519 Liberty
Pearland,TX 77581
Re: Mobility and Drainage Bond Program
Corrigan Area Drainage Improvements
Contract No. 1 By-Pass Ditch
Dear Mr. Wertz:
The City of Pearland Purchasing Office received sealed bids on November 12,2003 for the above
referent project. Bids were received from four contractors. The bids received are shown on the
attached Bid Tabulation.
After tabulation and review of the bids received, it is our recommendation the project be awarded
to the low bidder NBG Constructors, Inc. of Houston,Texas based on their low bid of
$2,374,770.00.
I have talked with Mr. David Boehm of NBG concerning the potential delays in obtaining the 404
Construction Permit from the USCOE. NBG is willing to proceed with the construction of the
bridges (they are the critical path items)with a delayed Notice to Proceed on the ditch
construction.
Sincerely, ` l 11
•
ames W. Keller,P.E.
Senior Project Manager
Enc:
cc: Craig Hester
Rod McCrary
Established in 1946
Engineering Excellence for Over One-Half Century
AN A E C O M COMPANY
Documents in their Entirety are Available
for Review in the Contract Files
MOBILITY AND DRAINAGE BOND PROGRAM
r(-) CORRIGAN SUBDIVISION DRAINAGE IMPROVEMENTS
,
CONTRACT NO. 1
CORRIGAN DITCH BY-PASS CHANNEL
•
CONTRACT DOCUMENTS
BD NO, 2003-081
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CITY OF PEARLAND, TEXAS
NOVEMBER 2003
TumerCollie0Braden Inc.
Engineers • Planners • Project Managers
4 CITY OF PEARLAND Corrigan Subdivision Drainage Improvements Contract No. 1
Corrigan Ditch By-Pass Channel
�.' DOCUMENT 00900
l j ADDENDUM NO. 1
DATE OF ADDENDUM: NOVEMBER 5,2003
�
PROJECT NAME: Mobility and Drainage Bond Program `q• . F....a
Corrigan Subdivision Drainage Improvements Contract No.,'* .' •. $
Corrigan Ditch By-Pass Channel i* : *
4 JAMES W KELLEF
OWNER: City of Pearland o
l�'O • a 1 72 1v
BID NO.: 2003-081 �t® S0iSTEi .a. �
ANAL+® N.
PROJECT NO.: 052511256.0004 ,�®�
BID DATE: November 12, 2003 (There is no change in the Bid Date)
This Addendum forms a part of the bidding documents and will be incorporated into - contract
Documents as applicable. Insofar as the original specifications and drawings are inconsistent,this
Addendum governs. Acknowledge receipt of the Addendum by inserting its number in Document
00300—BID. Failure to do so may subject Bidder to disqualification.
CHANGES TO BIDDING AND CONTRACT REQUIREMENTS
1. Section 00300 -BID
From the Schedule of Unit Price, add the following item:
Item Description of Item Unit Approx. Unit Total
No. Quantity Price* Amount Bid
70. 16-Foot Chain Link Fence Gate Each 8 $ $
2. Section 00800—SUPPLEMENTARY CONDITIONS
•
From Article 5. Prosecution and Progress, add the following paragraphs:
5.06.5 Rain Days
The Contract Time as defined in the bid 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 by the City
Inspector monthly, and shall be reported on the monthly pay estimate submittal. At
the end of the contract, Contractor will be credited only the number of accepted rain
days that exceed 40 rain days per year,proportionate to the original Contract Time.
00900—Page 1 of 2
CITY OF PEARLAND Corrigan Subdivision Drainage Improvements Contract No. I
Corrigan Ditch By-Pass Channel
3. Section 01100—SUMMARY OF WORK
From 1.04 Description of Bid Items, add the following item:
RRR. Bid Item No. 70: 16-foot Chain Link Gate, Complete in Place
1. Include cost of:
a. Furnish materials
b. Install materials
c. Other appurtenant and incidental work
2. Measurement for Payment: Measure in Each
4. CONSTRUCTION PLANS
From the construction plans, add the following sheets:
Sheets 5A, 6A, 7A, 8A, 9A, and 17A of 55
END OF ADDENDUM NO. 1
00900—Page 2 of 2
MOBILITY AND DRAINAGE BOND PROGRAM
CORRIGAN SUBDIVISION DRAINAGE IMPROVEMENTS
CONTRACT NO. 1
CORRIGAN DITCH BY-PASS CHANNEL
CONTRACT DOCUMENTS
BID NO. 2003-081 •
7,141
*Pe
V Mu,mom sum II II II
:tat-
•
am...+ak_1 r .. •
T
9
CITY OF PEARLAND, TEXAS f*
JAMES W KELLER
I�'OIA 71721
IAO,c'9FGi .0./fe
F •..••SE. &Na
‘‘‘sid%�BEN- ,/z3c, N.1;2
NOVEMBER 2003
TurnerCollie5Braden Inc.
Engineers • Planners • Project Managers
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
TABLE OF CONTENTS
CONTRACT DOCUMENTS
MOBILITY AND DRAINAGE BOND PROGRAM
CORRIGAN SUBDIVISION DRAINAGE IMPROVEMENTS CONTRACT NO. 1
CORRIGAN DITCH BY-PASS CHANNEL
NOVEMBER 2003
DIVISION 0 BIDDING AND CONTRACT REQUIREMENTS
Section No. Title No. of Paget
00001 Title Page 1
00003 Table of Contents 2
00004 List of Drawings 2
00020 Invitation to Bid 2
00100 Instructions to Bidders 8
00220 Geotechnical Information 1
00300 Bid 10
00315 Bid Bond 2
00500 Agreement 7
00610 Construction Performance Bond 4
00620 Construction Payment Bond 4
00700 General Conditions of Agreement 31
00700-A Attachment No. 1 to General Conditions 4
00700-B Attachment No. 2 to General Conditions 7
00800 Supplementary Conditions 24
00811 Wage Scale for Engineering Construction 3
DIVISION 1 GENERAL REQUIREMENTS
Section No. Ti le No. of Pages
01100 Summary of Work 23
01140 Contractor's Use of Premises 3
01200 Measurement and Payment 3
01290 Change Order Procedures 5
01310 Coordination and Meetings 3
01350 Submittals 7
01420 Reference Standards 4
01430 Contractor's Quality Control 2
01440 Inspection Services 1
01450 Testing Laboratory Services 2
01500 Temporary Facilities and Controls 10
01505 Mobilization 1
01550 Stabilized Construction Exit 4
01555 Traffic Control and Regulation 4
01560 Filter Fabric Fence 4
01562 Waste Material Disposal 2
00003—Page 1 of 2 Table of Contents
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
rTh Section Now Title
No. of Pages
01563 Tree and Plant Protection 4
01564 Control of Ground Water and Surface Water 8
01565 TPDES Requirements 16
01566 Source Controls for Erosion and Sedimentation 4
01570 Trench Safety System 4
01580 Project Identification Signs 10
01600 Material and Equipment 3
01630 Product Options and Substitutions 3
01720 Field Surveying 2
01730 Cutting and Patching 3
01750 Starting Systems 2
01760 Project Record Documents 2
01770 Contract Closeout 2
SUPPLEMENTAL TECHNICAL SPECIFICATIONS
Section No. Title No. of Pages
02586 Abandonment of Existing Well 4
02763 Traffic Paint(Water Based) 6
02822 Wire Fencing 5
(1"-\‘ 02823 Wood Fencing 2
02824 Fencing Removal 2
DIVISION 2—SITE WORK through DIVISION 16—ELECTRICAL
See Mobility and Drainage Program Standard Technical Specifications
00003—Page 2 of 2 Table of Contents
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
LIST OF DRAWINGS
Sheet No. Title
1 Title Page
2 General Construction Notes
3 Paving &Drainage Layout
4 Pollution Prevention Plan Layout
5 Drainage Channel Sta. 0+00 to 12+00
6 Drainage Channel Sta. 12+00 to 24+50
7 Drainage Channel Sta. 24+50 to 34+50
8 Drainage Channel Sta. 34+50 to 41+50
9 Drainage Channel Sta. 41+50 to 52+44.82
10 Fite Road Sta. 3+57.15 to 8+26.66
11 Private Road Sta. 1+80 to 5+56.94
12 Hatfield Road Sta. 26+60 to 31+60
13 Storm Sewer Details
14 Paving Details
15 Water Line Details
16 Sanitary Sewer Details
17 Cross Section
18 Miscellaneous Details
19 Fite Road Bridge Layout
20 Fite Road Abutment Details
21 Fite Road Bent Details
22 Fite Road Framing Plan
23 Fite Road Slab Details
24 Fite Road Prestressed Concrete Slab Beam(PSBBD)
25 Fite Road Approach Slab
26 Private Road Bridge Layout
27 Private Road Abutment Details
28 Private Road Bent Details
29 Private Road Framing Plan
30 Private Road Slab Details
31 Private Road Prestressed Concrete Slab Beam(PSBBD)
32 Private Road Approach Slab
33 Hatfield Road Bridge Layout
34 Hatfield Road Abutment Details 1
35 Hatfield Road Abutment Details 2
36 Hatfield Road Bent Details
37 Hatfield Road Slab Details 1
38 Hatfield Road Slab Details 2
39 Hatfield Road Approach Slab
40 Miscellaneous Details For C-I-P Concrete Slab Spans
41 Optional Drilled Shaft Reinforcing(ODSR)
42 Combination Rail Type C201 Sht 1 of 2
43 Combination Rail Type C201 Sht 2 of 2
44 Traffic Rail Type T502 Sht 1 of 2
Project No.052511256.0004 00004—Page 1 of 2 LIST OF DRAWINGS
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
Sheet No. Tit
le
45 Traffic Rail Type T502 Sht 2 of 2
46 Armor Joint Details (AJ)
47 Sealed Expansion Joint Details
48 Metal Beam Guard Fence (MBGF-01)
49 Metal Beam Guard Fence(MBGF-02), (TR)-02
50 Concrete Riprap for Embankment Slopes Under Bridge Ends (Types\RR8 &RR9
CRR)
51 Prestressed Concrete Slab Beam Details
52 Elastomeric Bearing Details
53 Rail Anchorage Details
54 Fite Road Detour Traffic Control Plan
55 Hatfield Road Detour Traffic Control Plan
l .
Project No.052511256.0004 00004—Page 2 of 2 LIST OF DRAWINGS
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
INVITATION TO BID
CITY OF PEARLAND
MOBILITY AND DRAINAGE BOND PROGRAM
Sealed BIDs will be received, in duplicate,referencing the following project in the office of the
Purchasing Officer,the City of Pearland, City Hall located at 3519 Liberty Drive,Pearland, Texas,
77581, until 3:00 p.m.,November 12, 2003, at which time they will be publicly opened and read
aloud for the construction of:
PROJECT TITLE: Corrigan Subdivision Drainage Improvements Contract No. 1 — Corrigan Ditch
By-Pass Channel. BID No. 2003-081.
BIDs received after the closing time will be returned unopened.
General Contractors are required to attend a pre-bid conference for this project. The pre-bid
conference will be held on November 5, 2003 at 3:00 p.m. local time at the Pearland City Hall,
first floor conference room.
The project will entail construction of:
The Corrigan Ditch By-Pass Channel including the excavation and construction of the by-pass ditch,
utility relocations, dam,the three concrete bridges crossing at the intersections of Fite Road,Private
Road, and Hatfield Road, and related drainage improvements for the Corrigan Subdivision Drainage
Improvements Contract No. 1. The Corrigan Ditch By-Pass Channel is located just south of
Broadway/F.M. 518,west of S.H. 35/Main Street, and east of F.M. 1128.
Information and Bid Documents: Copies of Contract Documents and Technical Specifications and
Plans are on file at the following locations for review:
City of Pearland F. W. Dodge/McGraw Hill Information Services
City Hall 4101 Greenbriar, Suite 320
3519 Liberty Drive Houston, Texas 77098 713-529-4895
Pearland,Texas 77581 281-652-1600
Associated General Contractors of America Inc. Associated General Contractors of America Inc.
3825 Dacoma Street 2400 Augusta, Suite 180
Houston, Texas 77092-8717 713-843-3700 Houston, Texas 77057 713-334-7100
Turner Collie&Braden Inc.
5757 Woodway, Suite 205
Houston, Texas 77057 713-780-4100
Bid documents may be obtained from the Bid Center, Turner Collie &Braden Inc., 5757 Woodway,
Houston, Texas 77057, 713-780-4100.
The City of Pearland Mobility and Drainage Program Standard Technical Specifications may be
purchased for the amount of$40.00. Contract Documents and Plans may be purchased for the
amount of$50.00. Make all checks payable to Turner Collie &Braden Inc. The amount of the
purchase will not be refunded.
Project No.052511256.0004 00020—Page 1 of 2 INVITATION TO BID
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
No bid may be withdrawn or terminated for a period of ninetysubsequent to the 90( ) days Y q bid
opening date without the consent of the City of Pearland.
Bonds: Bidder's Bond, Cashier's Check or Certified Check payable to the City of Pearland in the
amount of 5%of the total base bid price must accompany each proposal. The successful bidders
must furnish Performance and Payment Bonds as required by law(Article 5160, Vernon's Texas
Civil Statues, as amended)upon an acceptable form in the amount of one hundred percent(100%) of
the contract price, such bonds to be executed by a corporate surety duly authorized to do business in
the State of Texas, and named in the current list of"Treasury Department Circular No. 570,"payable
to the City of Pearland, Texas.
Equal Opportunity in Employment: All qualified applicants will receive consideration for
employment without regard to race, color, religion, sex, or national origin.
The City of Pearland reserves the right to reject any or all bids, or to accept any bid deemed
advantageous to the City of Pearland.
Gordon Island
Purchasing Officer
Project No.052511256.0004 00020—Page 2 of 2 INVITATION TO BID
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass,Channel
(1—•
INSTRUCTIONS TO BIDDERS
1. Defined Terms
Terms used in these Instructions to Bidders are defined in Section 00700 - General
Conditions of the Construction Contract.
Certain additional terms used in these Instructions to Bidders have the meanings indicated
below, which are applicable to both the singular and plural thereof.
1.1. BIDDER- one who submits a bid directly to OWNER as distinct from a sub-bidder, who
submits a bid to a BIDDER.
1.2. Issuing Office -the office from which the Bidding Documents are to be issued and where the
bidding procedures are to be administered.
1.3. Successful Bidder-the lowest responsible BIDDER to whom OWNER (on the basis of
OWNER's evaluation as hereinafter provided)makes an award.
1.4 Program Manager—Turner Collie &Braden Inc.
2. Copies of Bidding Documents
p' 2.1. Complete sets of the Bidding Documents, in the number and for the payment sum stated in
the Invitation to Bid,may be obtained from the Issuing Office.
2.2. Complete sets of Bidding Documents must be used in preparing BIDs;neither OWNER nor
ENGINEER assume any responsibility for errors or misinterpretations resulting from the use
of incomplete sets of Bidding Documents or otherwise associated with the Bidding
Documents.
2.3. OWNER and ENGINEER,in making copies of Bidding Documents available on the above
terms, do so only for the purpose of obtaining BIDs for the Work and do not confer a license
or grant for any other use. BIDDE Z may not make copies of the Bidding Documents.
Ownership of the Bidding Documents shall remain with the OWNER.
3. Qualifications of BIDDERS
To demonstrate qualifications to p rform the Work, each BIDDER must be prepared to
submit, within five (5) days after BID opening and upon OWNER's request, detailed written
evidence such as financial data,previous experience,present commitments, and proof that
the BIDDER has the personnel,equipment, and material to execute the work required by the
Contract Documents or any other such data as may be called for below.
4. Examination of Contract Documents and Site
4.1. It is the responsibility of each BIDDER,before submitting a BID:
4.1.1. To examine thoroughly the Contract Documents and other related data identified in the
Bidding Documents (including"technical data"referred to below);
Project No.052511256.0004 00100-Page 1 of 8 INSTRUCTIONS TO BIDDERS
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
4.1.2. To visit the site to become familiar with and satisfy BIDDER as to the general, local, and site
conditions that may affect cost,progress,performance, or furnishing of the Work;
4.1.3. To consider federal, state, and local Laws and Regulations that may affect cost, progress,
performance, or furnishing of the Work;
4.1.4. To study and carefully correlate BIDDER's knowledge and observations with the Contract
Documents and such other related data; and
4.1.5. To promptly notify ENGINEER of all conflicts, errors, ambiguities or discrepancies which
BIDDER has discovered in or between the Contract Documents and such other related
documents.
4.2. Reference is made to the General and Supplementary Conditions for identification of:
4.2.1. Those reports of explorations and tests of subsurface conditions at or contiguous to the site
which have been utilized by ENGINEER in preparation of the Contract Documents.
BIDDER may rely upon the general accuracy of the "technical data"contained in such
reports but not upon other data, interpretations, opinions, or information contained in such
reports or otherwise relating to the subsurface conditions at the site,nor upon the
completeness thereof for the purposes of bidding or construction. OWNER AND
ENGINEER EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES THAT THE
INFORMATION,DATA,INTERPRETATIONS,AND OPINIONS SHOWN,
INDICATED,OR CONTAINED IN THE PLANS ARE ACCURATE, CORRECT,
COMPLETE,OR FIT FOR THEIR INTENDED PURPOSES.
4.2.2. Those drawings of physical conditions in or relating to existing surface and subsurface
structures (except Underground Facilities)which are at or contiguous to the site that have
been utilized by ENGINEER in preparation of the Contract Documents. BIDDER may rely
upon the general accuracy of the "technical data" contained in such drawings but not upon
other data,interpretations, opinions,or information shown or indicated in such PLANS or
otherwise relating to such structures,nor upon the completeness thereof for the purposes of
bidding or construction. OWNER AND ENGINEER EXPRESSLY DISCLAIM ANY
AND ALL WARRANTIES THAT THE INFORMATION,DATA,
INTERPRETATIONS,AND OPINIONS SHOWN,INDICATED,OR CONTAINED IN
THE DRAWINGS ARE ACCURATE, CORRECT, COMPLETE,OR FIT FOR
THEIR INTENDED PURPOSES.
Copies of such reports and PLANS will be made available by OWNER to any BIDDER on
request. Those reports and drawings are not part of the Contract Documents,but the
"technical data"contained therein upon which BIDDER is entitled to rely as provided in
Paragraph 2.06 of the Supplementary Conditions. BIDDER is responsible for any
interpretation or conclusion drawn from any"technical data" or any such data,
interpretations, opinions, or information.
4.3. Information and data shown or indicated in the Contract Documents with respect to existing
Underground Facilities at or contiguous to the site is based on information and data furnished
to OWNER and ENGINEER by owners of such Underground Facilities or others, and
OWNER and ENGINEER do not assume responsibility for the accuracy or completeness •
thereof unless it is expressly provided otherwise in the Supplementary Conditions. OWNER
Project No.052511256.0004 00100 -Page 2 of 8 INSTRUCTIONS TO BIDDERS
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
N AND ENGINEER EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES THAT
THE INFORMATION,DATA,INTERPRETATIONS,AND OPINIONS SHOWN,
INDICATED,OR CONTAINED IN THE PLANS ARE ACCURATE, CORRECT,
COMPLETE,OR FIT FOR THEIR INTENDED PURPOSES.
4.4. Provisions concerning responsibilities for the adequacy of data furnished to prospective
BIDDERs with respect to subsurface conditions, other physical conditions and Underground
Facilities, and possible changes in the Contract Documents due to differing or unanticipated
conditions appear in Paragraphs 2.06 of the Supplementary Conditions.
4.5. Before submitting a BID, each BIDDER will be responsible to obtain such additional or
supplementary examinations, investigations, explorations, tests, studies, and data concerning
conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or
otherwise, which may affect cost, progress,performance, or furnishing of the Work, or which
relate to any aspect of the means, methods, techniques, sequences, or procedures of
construction to be employed by BIDDER and safety precautions and programs incident
thereto or which BIDDER deems necessary to determine its BID for performing and
furnishing the Work in accordance with the time,price, and other terms and conditions of the
Contract Documents.
4.6. On request, OWNER will provide each BIDDER access to the site to conduct such
examinations, investigations, explorations, tests, and studies as each BIDDER deems
necessary for submission of a BID. BIDDER must fill all holes and clean up and restore the
site to its former condition upon completion of such explorations, investigations, tests, and
studies.
4.7. Reference is made to the Supplementary Conditions for the identification of the general
nature of work to be performed at the site by OWNER(if applicable) or others (such as
utilities and other prime contractors)that relates to the Work for which a BID is to be
submitted. On request, OWNER will provide to each BIDDER for examination, access to, or
copies of, Contract Documents (other than portions thereof related to price)for such work.
4.8. The submission of a BID will constitute an incontrovertible representation by BIDDER that
BIDDER has complied with every requirement of this Article 4,that, without exception,the
BID is premised upon performing and furnishing the Work required by the Contract
Documents, and applying the specific means,methods, techniques, sequences, or procedures
of construction(if any)that may be shown or indicated or expressly required by the Contract
Documents, the BIDDER has given ENGINEER written notice of all conflicts,errors,
ambiguities, and discrepancies that BIDDER has discovered in the Contract Documents, and
written resolutions thereof by ENGINEER are acceptable to BIDDER, that the Contract
Documents are generally sufficient to indicate and convey understanding of all terms and
conditions for performing and furnishing the Work, that the BIDDER has no questions
regarding the Work, that the BIDDER has all information necessary to make a fully informed
BID, and that the BIDDER has conducted all tests at the site it deems necessary.
4.9. The provisions of 4.1 through 4.8, inclusive, of this Article, do not apply to Asbestos,
Polychlorinated biphenyls (PCBs), Petroleum,Hazardous Waste, or Radioactive Material
covered by Paragraph 2.09 of the Supplementary Conditions.
Project No.052511256.0004 00100 -Page 3 of 8 INSTRUCTIONS TO BIDDERS
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
5. Availabilityof Lands for Work,
,etc.
The lands upon which the Work is to be performed,rights-of-way and easements for access
thereto and other lands designated for use by CONTRACTOR in performing the Work are
identified in the Contract Documents. All additional lands and access thereto required for
temporary construction facilities, construction equipment, or storage of materials and
equipment to be incorporated in the Work are to be obtained and paid for by
CONTRACTOR. Easements for permanent structures or permanent changes in existing
facilities are to be obtained and paid for by OWNER unless otherwise provided in the
Contract Documents.
6. Interpretations and Addenda
6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to
ENGINEER. Interpretations or clarifications considered necessary by ENGINEER in
response to such questions will be issued by Addenda mailed, transmitted by facsimile
machine, or delivered to all parties recorded by ENGINEER as having received the Bidding
Documents. Questions received less than ten days prior to the date for opening of Bids may
not be answered. Only questions answered by formal written Addenda will be binding. Oral
and other interpretations or clarifications may not be relied upon and will not be binding
upon OWNER or ENGINEER or legally effective.
6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by
OWNER or ENGINEER.
7. Bid Security
7.1. Each BID must be accompanied by Bid Security made payable to OWNER in an amount of
five percent(5%).of BIDDER's maximum Bid price and in the form of a certified or
cashier's check or a Bid Bond issued by a surety meeting the requirements of Paragraph 4.05
of the General Conditions.
7.2. The Bid Security of Successful Bidder will be retained until such BIDDER has executed the
Agreement, furnished the required contract security, and met the other conditions of the
Notice of Award, whereupon the Bid Security will be returned. If the Successful Bidder fails
to execute and deliver the Agreement and furnish the required contract security within fifteen
(15)days after the Notice of Award, OWNER may annul the Notice of Award, and the Bid
Security of that BIDDER will be forfeited. The Bid Security of other BIDDERs whom
OWNER believes to have a reasonable chance of receiving the award may be retained by
OWNER until the earlier of the seventh day after the Effective Date of the Agreement or the
thirty-sixth day after the BID opening, whereupon Bid Security furnished by such BIDDERs
will be returned. Bid Security with Bids which are not competitive will be returned within
seven(7) days after the BID opening.
8. Contract Times
C."')
The Contract Times, as defined in Paragraph 1.13 of the Supplementary Conditions, are set
forth in the Agreement.
Project No.052511256.0004 00100-Page 4 of 8 INSTRUCTIONS TO BIDDERS
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
9. Liquidated Damages
Provisions for liquidated damages are set forth in the Agreement.
10. Substitute and "Or-Equal" Items
The Contract, if awarded, will be on the basis of materials and equipment described in the
PLANS or specified in the Specifications without consideration of possible substitute or"or-
equal"items. Whenever it is indicated in the PLANS or specified in the Specifications that a
substitute or"or-equal"item of material or equipment may be furnished or used by
CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be
considered by ENGINEER until after the Effective Date of the Agreement. The procedure
for submission of any such application by CONTRACTOR and consideration by
ENGINEER is set forth in Paragraphs 4.30.1,4.30.2, and 4.30.3 of the Supplementary
Conditions.
11. Subcontractors,Suppliers,and Others
11.1. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, and
other persons and organizations(including those who are to furnish the principal items of
material and equipment)to be submitted to OWNER in advance of a specified date prior to
the Effective Date of the Agreement, apparent Successful Bidder, and any other BIDDER so
requested, shall, within five(5)days after BID opening, submit to OWNER a list of all such
Subcontractors, Suppliers, and other persons and organizations proposed for those portions of
the Work for which such identification is required. Such list shall be accompanied by an
experience statement with pertinent information regarding similar projects and other evidence
of qualification for each such Subcontractor, Supplier,person, or organization if requested by
OWNER. An OWNER or ENGINEER who, after due investigation, has reasonable
objection to any proposed Subcontractor, Supplier, other person, or organization may,before
the Notice of Award is given,request the apparent Successful Bidder to submit an acceptable
substitute without an increase in Bid Price.
If the apparent Successful Bidder declines to make any such substitution, OWNER may
award the contract to the next lowest BIDDER that proposes to use acceptable
Subcontractors, Suppliers, and other persons and organizations. Declining to make requested
substitutions will not constitute grounds for sacrificing the Bid Security of any bidder. Any
Subcontractor, Supplier, other person, or organization listed and to whom OWNER or
ENGINEER does not make written objection prior to the giving of the Notice of Award will
be deemed acceptable to OWNER and ENGINEER subject to revocation of such acceptance
after the Effective Date of the Agreement as provided in Paragraph 4.04 of the General
Conditions.
11.2. The apparent Successful Bidder,prior to the Notice of Award, shall identify in writing to
OWNER those portions of the Work that such BIDDER proposes to subcontract and after the
Notice of Award may only subcontract other portions of the Work with OWNER's written
consent.
ti
11.3. No CONTRACTOR shall be required to employ any Subcontractor, Supplier, other person,
or organization against whom CONTRACTOR has reasonable objection.
Project No.052511256.0004 00100-Page 5 of 8 INSTRUCTIONS TO BIDDERS
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
12. Bid Form
12.1. The Bid Form is included with the Bidding Documents; additional copies may be obtained
from the Issuing Office(s) described in the Invitation to Bid.
12.2. All blanks on the Bid Form must be completed in ink.
12.3. BIDS by corporations must be executed in the corporate name by the president or a vice-
president(or other corporate officer accompanied by evidence of authority to sign) and the
corporate seal must be affixed and attested by the secretary or an assistant secretary of the
corporation. The corporate address and state of incorporation must be shown below the
signature.
12.4. BIDS by partnerships must be executed in the partnership name and signed by a partner,
whose title must appear under the signature, and the official address of the partnership must
be shown below the signature.
12.5. All names must be typed or printed in black ink below the signature.
12.6. The BID shall contain an acknowledgment of receipt of all Addenda(the numbers of which
must be filled in on the Bid Form).
12.7. The street and/or post office box address and telephone and/or fax number for
communications regarding the BID must be shown.
12.8. When applicable,evidence of authority to conduct business as an out-of-state corporation in
the state where the Work is to be performed shall be provided in accordance with Paragraph 3
above. State contractor license number,if any,must also be shown.
13. Submission of Bids
Each BID shall be submitted at the time and place indicated in the Invitation to Bid and shall
be enclosed in an opaque sealed envelope,marked with the Project title and name and
address of BIDDER and accompanied by the Bid Security and other required documents. If
the BID is sent through the mail or other delivery system, the sealed envelope shall be
enclosed in a separate envelope with the notation"BID ENCLOSED" on the face of it.
14. Modification and Withdrawal of Bids
14.1. BIDs may be modified or withdrawn by an appropriate document duly executed(in the
manner that a BID must be executed) and delivered to the place where BIDs are to be
submitted at any time prior to the opening of BIDs.
14.2. If, within twenty-four(24)hours after Bids are opened,any BIDDER files a duly signed,written
notice with OWNER and promptly thereafter demonstrates to the reasonable satisfaction of
OWNER that there was a material and substantial mistake in the preparation of its BID,that
BIDDER may withdraw its BID and the Bid Security will be returned. Thereafter,that BIDDER
Project No.052511256.0004 00100-Page 6 of 8 INSTRUCTIONS TO BIDDERS
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
(""•,
will be disqualified from further bidding on the Work to be provided under the Contract
Documents.
15. Opening of Bids
BIDS will be opened and read aloud publicly(unless obviously nonresponsive) at the place
where BIDS are to be submitted. An abstract of the amounts of the base BIDS and major
alternates (if any)will be made available to BIDDERS after the opening of BIDS.
16. Bids to Remain Subject to Acceptance
All BIDS will remain subject to acceptance for ninety (90)days after the day of the BID
opening,but OWNER may, in its sole discretion,release any BID and return the Bid Security
prior to that date.
17. Award of Contract
17.1. OWNER reserves the right to reject any or all BIDS, including without limitation the right to
reject any or all nonconforming, nonresponsive,unbalanced, or conditional BIDS and to
reject the BID of any BIDDER if OWNER believes that it would not be in the best interest of
the Project to make an award to that BIDDER,whether because the BID is not responsive or
, the BIDDER is unqualified or of doubtful financial ability or fails to meet any other pertinent
l standard or criteria established by OWNER. OWNER also reserves the right to waive all
informalities not involving price, time, or changes in the Work and to negotiate contract
terms with the Successful Bidder. Discrepancies between the multiplication of units of Work
and unit prices will be resolved in favor of the unit prices. Discrepancies between the
indicated sum of any column of figures and the correct sum thereof will be resolved in favor
of the correct sum.
17.2. In evaluating BIDS, OWNER will consider the qualifications of BIDDERS, whether or not
the BIDS comply with the prescribed requirements, and such alternates, unit prices, and other
data, as may be requested in the Bid Form or prior to the Notice of Award.
17.3. OWNER may consider the qualifications and experience of Subcontractors, Suppliers, and
other persons and organizations proposed for those portions of the Work as to which the
identity of Subcontractors, Suppliers, and other persons and organizations must be submitted
as provided in the Supplementary Conditions. OWNER also may consider the operating
costs,maintenance requirements,performance data, and guarantees of major items of
materials and equipment proposed for incorporation in the Work when such data is required
to be submitted prior to the Notice of Award.
17.4. OWNER may conduct such investigations as OWNER deems necessary to assist in the
evaluation of any BID and to establish the responsibility,qualifications and financial ability
of BIDDERS,proposed Subcontractors, Suppliers and other persons and organizations to
("-^\ perform and furnish the Work in accordance with the Contract Documents to OWNER's
satisfaction within the prescribed time.
Project No.052511256.0004 00100-Page 7 of 8 INSTRUCTIONS TO BIDDERS
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OFPEARLAND Corrigan Ditch By-Pass Channel
17.5. If the contract is to be awarded, it will be awarded, in accordance with Paragraph h 1.3,to
lowest BIDDER whose evaluation by OWNER indicates to OWNER that the award will be
in the best interests of the Project.
17.6. If the contract is to be awarded, OWNER will give Successful Bidder a Notice of Award
within ninety(90) days after the day of the BID opening.
18. Contract Security
Paragraph 4.05 of the General Conditions and the Supplementary Conditions set forth
OWNER's requirements as to performance and payment Bonds. When the Successful
Bidder delivers the executed Agreement to the OWNER, it must be accompanied by the
required Bonds.
19. Signing of Agreement
When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by
the required number(as stated in Section 00500"Agreement") of unsigned counterparts of
the Agreement with all other written Contract Documents attached. Within fifteen(15) days
thereafter, CONTRACTOR shall sign and deliver the required number of counterparts of the
Agreement and attached documents to OWNER with the required Bonds. Within ten
(10) days thereafter, OWNER shall deliver one fully signed counterpart to CONTRACTOR.
Each counterpart is to be accompanied by a complete set of the PLANS with appropriate
identification.
20. Prebid Conference
A prebid conference will be held as stated in Section 00020 ("Invitation to Bid").
21. Taxes
21.1. CONTRACTOR shall pay all applicable sales, consumer,use, and other similar taxes except
as exempted.
21.2. Sales tax. CONTRACTOR shall obtain the necessary documentation so that any sales tax
exemptions due to the nature of the Work performed by CONTRACTOR or Subcontractors
pursuant to this Agreement shall be applied to this Agreement, and these cost savings due to
the Project's exempted status shall be passed on to OWNER. CONTRACTOR and each of
its Subcontractors or sub-Subcontractors must obtain a Texas Limited Sales,Excise and Use
Tax Permit for all materials required to be purchased in connection with the Project.
22. Retainage
Provisions concerning retainage are set forth in the Agreement.
END OF SECTION
Project No.052511256.0004 00100—Page 8 of 8 INSTRUCTIONS TO BIDDERS
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
GEOTECHNICAL INFORMATION
1.0 DOCUMENT INCLUDES
A. Soils Investigation Report
B. Environmental Site Assessment
2.0 RELATED DOCUMENTS
Section 01570—Trench Safety System
3.0 SITE INVESTIGATION REPORTS
A. In the design and preparation of Contract Documents for this project, the City and the
ENGINEER have relied upon the information in geotechnical reports and
environmental site assessment reports for the investigation and analysis of soils and
subsurface conditions of the project site.
B. Neither the City nor the ENGINEER shall be responsible for accuracy or
completeness of any such information or data.
rb.\ 4.0 GEOTECHNICAL REPORTS
A geotechnical study dated March 2003, was performed by Tolunay-Wong Engineers,
Inc. The report is titled"Geotechnical Study; Corrigan Subdivision; City of Pearland
Mobility and Drainage Program; Pearland, Texas."
5.0 ENVIRONMENTAL REPORTS
An environmental report dated February 2003, was performed by Quadrant Consultants
Inc. This report is titled"Phase I Environmental Site Assessment, Corrigan Drainage
Improvements."
6.0 BIDDER'S RESPONSIBILITIES
A. BIDDER shall have full responsibility for interpretation of the reports and use of the
information for his bidding and construction purposes.
B. BIDDER may perform such additional soil investigations as he deems appropriate.
END OF DOCUMENT
Project No.052511256.0004 00220—Page 1 of 1 GEOTECHNICAL INFORMATION
June 18,2003
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
•
BID
Date: NI ov 002. 1 Z. , 2003
BID of N 86 CoNS-r2,L3cTo,�S1 i ,anindividual
proprietorship, a corporation authorized to transact business in Texas, or a partnership consisting of
, registered to transact
business in Texas for Corrigan Subdivision Drainage Improvements Contract No.'1 —Corrigan Ditch
By-Pass Channel, City of Pearland,Project No. 052511256.0004,BID No. 2003-081.
THIS BID IS SUBMITTED TO:
City of Pearland
Attention: Gordon Island •
Purchasing Officer
City Hall
3519 Liberty Drive
Pearland, Texas 77581
1. The undersigned BIDDER proposes and agrees, if this BID is accepted,to enter into an•
agreement with OWNER in the form included in the Contract Documents to perform and
furnish all Work as specified or indicated in the Contract Documents for the Bid Price and
within the Bid Times indicated in this BID and in accordance with the other terms and
conditions of the Contract Documents. BIDDER accepts the terms of the form of Agreement
and the Contract Documents.
2. BIDDER accepts all of the terms and conditions of the Invitation to BID and Instructions to
Bidders including without limitation those dealing with the disposition of Bid Security. This
BID will remain subject to acceptance for ninety(90) days after the day of BID opening. If
BIDDER is the Successful Bidder,BIDDER will sign and deliver the required number of
counterparts of the Agreement with the Bonds and other documents required by the Bidding
Requirements within fifteen(15)days after the date of OWNER's Notice of Award.
•
3. In submitting this BID,BIDDER represents and warrants, as more fully set forth in the
Agreement,that:
(a) BIDDER has examined and carefully studied the Bidding Documents and Addenda.
BIDDER hereby acknowledges receipt of the following Addenda: (List Addenda by
Addendum Number and Date).
Addendum No.: 1 Dated:November 5, 2003
Addendum No.: Dated:
Addendum No.: Dated:
Project No.052511256.0004 00300—Page 1 of 10 BID Revised November 5,2003
ADDENDUM NO: 1
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
t#1` (b) BIDDER has visited the site, has conducted all testing at the site BIDDER deems
necessary, has become familiar with,has taken into consideration in formulating its
BID, and accepts the general, local and site conditions that may affect cost,progress,
performance, and furnishing of the Work;
(c) BIDDER is familiar with, has taken into consideration in formulating its BID and
accepts all federal, state, and local Laws and Regulations that may affect cost,
progress,performance, and furnishing of the Work.
(d) BIDDER has carefully studied all reports of explorations and tests of subsurface
conditions at or contiguous to the site and all drawings of physical conditions in or
relating to existing surface or subsurface structures at or contiguous to the site (except
Underground Facilities)which have been identified in the Supplementary Conditions
as provided in Paragraph 2.06. BIDDER accepts the determination set forth in
Paragraph 2.06 of the Supplementary Conditions of the extent of the "technical data"
contained in such reports and drawings upon which BIDDER is entitled to rely as
provided in Paragraph 4.2 of the General Conditions. BIDDER understands,
acknowledges, and agrees that such reports and drawings are not Contract Documents
and may not be complete for BIDDER's purposes. BIDDER understands,
acknowledges, and agrees that OWNER and ENGINEER are not responsible for and
make no warranties regarding the accuracy or completeness of information and data
shown or indicated in the Bidding Documents with respect to surface and subsurface
conditions and Underground Facilities at or contiguous to the site. BIDDER has
�., obtained and carefully studied and is responsible for obtaining and studying any and
all such additional or supplementary examinations, investigations, explorations, tests,
studies, and data concerning conditions (surface, subsurface, and Underground
Facilities) at or contiguous to the site or otherwise which may affect cost,progress,
performance or furnishing of the Work, or which relate to any aspect of the means,
methods,techniques, sequences, and procedures of construction to be employed by
BIDDER, and safety precautions and programs incident thereto as may be necessary.
BIDDER does not consider that any additional examinations, investigations,
explorations,tests, studies or data are necessary for the determination of this BID for
performance and furnishing of the Work in accordance with the times,price, and
other terms and conditions of the Contract Documents.
(e) BIDDER is aware of the general nature of work to be performed by OWNER and
others at the site that relates to Work for which this BID is submitted as indicated in
the Contract Documents.
(f) BIDDER has correlated the information known to BIDDER, information and
observations obtained from visits to the site, reports and drawings identified in the
Contract Documents, and all additional examinations, investigations, explorations,
tests, studies, and data with the Contract Documents.
(g) BIDDER has given ENGINEER written notice of all conflicts, errors, ambiguities, or
discrepancies that BIDDER has discovered in the Contract Documents, and the
written resolution thereof by ENGINEER is acceptable to BIDDER;BIDDER has no
questions regarding the Work; BIDDER has all information necessary to make a fully
informed BID; and the Contract Documents are generally sufficient to indicate and
Project No.052511256.0004 00300—Page 2 of 10 BID Revised November 5,2003
ADDENDUM NO. 1
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
convey understanding of all terms and conditions for performing and furnishing the
Work for which this BID is submitted.
(h) This BID is genuine and not made in the interest of or on behalf of any undisclosed
person, firm, or corporation and is not submitted in conformity with any agreement or
rules of any group, association, organization or corporation;BIDDER has not directly
or indirectly induced or solicited any other BIDDER to submit a false or sham BID;
BIDDER has not solicited or induced any person, firm, or corporation to refrain from
bidding; and BIDDER has not sought by collusion to obtain for itself any advantage
over any other BIDDER or over OWNER.
•
4. BIDDER is duly qualified to carry on business in the State of Texas; possesses or has the
ability to possess all licenses,permits, and certificates of authority necessary to commence
and to complete the Work in accordance with the Bidding Documents; is fully qualified and
has experience in performing work of the same type as the Work covered by the Bidding
Documents; and will provide all necessary labor, superintendence, machinery, equipment,
tools, materials, services,and other means of construction to complete all work upon which
BIDDER bids and complete said work within the time stated and for maintaining same as
required for the following prices:
•
Project No.052511256.0004 00300—Page 3 of 10 BID Revised November 5,2003
ADDENDUM NO. 1
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
Item Approx Unit Total
No. Description of Item Unit Quantity Price* . Amount Bid
5. Schedule of Unit Price Bid: Corrigan Ditch By-Pass Channel
1. Mobilization Lump 1 $ 150,000 $ 150, 000. o
Sum
2. Clearing and Grubbing Lump 1 $ 3 S,000 4-° ✓ $ 3 S, voo.bo v
Sum
00.
3. Remove and Dispose of Existing Pipe Linear 370 $ I 0 ,/ $ 3, '1 oo. 00 /
Foot
4. Remove and Relocate Mailboxes and Lump 1 $ (. O o ✓ $ b O 0.00
Signs Sum
a.e
5. Remove Existing Fence Lump 1 $ 1 , o`33 / $ I. p o o.o
Sum
OJ
6. Remove and Dispose of Existing Square 5,200 $ I ✓ $ 5, Z.o0,coo ✓
Asphalt Pavement Yard
7. Remove and Dispose of Existing Square 100 $ Z v $ Z CEO, of 1
r- Concrete Pavement Yard
8. Remove and Dispose of Existing Lump 1
Windmill Sum $ I . 1 o D ' $ 1, 100.o.
9. Abandon Existing Water Well Each 2 $ 2, Soo / $ 5, 00 3.o u /
10. Hatfield Road Bridge Lump 1 $ 25o, oo o °—' ✓ $ 250, 600.03
Sum
a
11. Fite Road Bridge Lump 1 $ 2 ZS. 000 ^✓ $ 225, o oo. o.
Sum
12. Private Road Bridgeo�
Lump 1 $ 7D, oche $ '70, 000.Of)/
Sum
13. 24-Inch Drilled Shaft Footing Vertical 1,300 $ 6 5 ✓ $ 8 4,S 00.6 v
Foot
14. 36-Inch Drilled Shaft Footing Vertical 1,625 $ I 4-0 o� i $ 2 2"1, 500,66 /
Foot
15. Type"RR8"Rip Rap Square 1,800 $ 4 Z $ 1 5, 6 O 0, 60
Yard
Project No.052511256.0004 00300—Page 4 of 10 BID Revised November 5,2003
ADDENDUM NO. 1 •
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
Item Approx Unit Total
No. Description of Item Unit Quantity Price* Amount Bid
IO
16. Channel Excavation Cubic 102,300 $ Z — / $ 214, 8 3 0,oo v
. Yard
17. Maintenance Berm Fill Cubic 2,200 $ Z V ✓ $ 4,400. oco ✓
Yard
18. Fill—Dam Section Cubic 1,200 $ 125`-v
✓ $ 15, 000. 00
Yard
19. Haul and Stockpile Excavated Material Cubic 4,000 $ I 5-9 V $ 6, 0 00. Co ✓
to Hatfield Site Yard
20. Haul and Stockpile Excavated Material Cubic 4,000 $ 4'o ✓ $ I t,00 0, o o
to Kirby Site Yard
21. Clay Line Channel Cubic 500 $ -7 JJ / $ 3,5 0 0. of /
Yard
22. Load Excavated Material Cubic 5,600 $ I JJ / $ 5, 4.00. 00
Yard
23. Haul and Dispose of Surplus Excavated Cubic 84,800• $ 3 s 0 ✓ $ 29(o, 200, op,
Material Yard
24. Concrete Cellular Mattress Square 6,000 $ 45'9 ✓ $ 210, O(X).00
• Yard
• 25. Grade Backslope Swales Linear 10,200 $ 0 _15 ✓ $ ,1 5o.0o ../
Foot
26. 18-Inch Reinforced Concrete Pipe Linear 135 $ GoU —o ✓ $ g, i 00. ou ✓
Storm Sewer Foot
27. 24-Inch Reinforced Concrete Pipe Linear 300 $ 4d O2 / $ 12, O 00.00
Storm Sewer Foot
28. 36-Inch Reinforced Concrete Pipe Linear 90 - $ G of 0 '' $ 8, I (�d. 0 o ✓
Storm Sewer Foot
csQ 29. 42-Inch Reinforced Concrete Pipe Linear 90 $ CI O — ✓ $ 8, 1 v o• 0 0 ✓
Storm Sewer Foot
30. 18-Inch ASCP Storm Sewer Linear 1,300 $ 3 Soo ✓ $ 45,5 CO. D O✓
Foot
31. 24-Inch ASCP Storm Sewer Linear 215 $ 4-S u v $ 9 , (o 7 5, 0° `✓
�^ Foot
C.
Project No.052511256,0004 00300—Page 5 of 10 BID Revised November 5,2003
ADDENDUM NO. 1
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
Item Approx Unit Total
No. Description of Item Unit Quantity Price* Amount Bid
doo
32. 42-Inch ASCP Storm Sewer Linear 80 $ 1 5 $ �, 000.UO
Foot
33. 18-Inch Reinforced Concrete Pipe 4:1 Each 3 $ 'Ov ✓ $ 1, g 0O, O O ✓
Safety End Treatments
vo
34. 24-Inch Reinforced Concrete Pipe 4:1 Each 4 $ 7 ✓ $ 2, boo, 00 ✓
Safety End Treatments
35. 36-Inch Reinforced Concrete Pipe 4:1 Each 1 $ Zi 4 00•—✓ $ Z, 400. 00 /
Safety End Treatments
36. Type"A"Inlet Each 9 $ I , 000 ✓ $ 9, 0UQ ✓
OJ
37. Modified Type"A"Inlet Each 3. $ I,-1 0 0 ',/ $ 5, ) 00.c)J✓
38. Modified Type "B" Berm Inlet Each 19 $ 1 , 5 OD , $ 28,5du.o' ✓
39. Regrade Existing Roadside Ditches Linear 200 $ S e'-‘? ✓ $ 1, oU o.d n
Foot
40. 12-Inch Steel Sanitary Sewer Linear 120 $ — ✓ $ 7, 44 O.o o yr
Foot
��
41. Sanitary Sewer Manholes, Complete Each 2 $ 2, 1 00 ✓ $ 4-, ZOO.
42. 4-Inch PVC Sanitary Sewer Force Main Linear 210 $ I I v` V $ 2,31 O,
Foot
43. 4-Inch Steel Force Main Bridge Each 1 $ l O0 `22 ✓ $ 4,9 oo,00 ✓
Crossing
44. 2-Inch Air/Vacuum Release Valve Each 2 $ 1,3 or,'J ✓ $ Z,(,00.o v
Complete
45. 12-Inch Steel Water Main Bridge Each 1 $ 1 Z, 000 ✓ $ 12., o0o,ov ✓
Crossing-Hatfield Rd.
46. 12-Inch Steel Water Main Bridge Each 1 $ 12,0 po"—" ✓$ 12, oo o,o� ✓
Crossing-Fite Rd.
47. 12-Inch C-900 Water Line Linear 140 $ ZU°- $ 2, 900.dv ✓
Foot
Project No.052511256.0004 00300—Page 6 of 10 BID Revised November 5,2003
ADDENDUM NO. 1
Corrigan Subdivision Drainage Improvements Contract No. 1
ClTYOFPEARLAND Corrigan Ditch By-Pass Channel
Item Approx Unit Total
No. Description of Item Unit Quantity Price* Amount Bid
48. Fire Hydrant Each 2 $ 2, 000 ✓ $ ¢,000.c)v /
49. Trench Safety Linear 500 $ 1 0_ ✓ $ 5 00.0 o ✓
Foot
50. Saw Cut Pavement Linear 30 $ 1 5 ✓ $ 4 50.oo ✓'
Foot
51. Roadway Fill Cubic 800 $ 3 ✓ $ Z, 400.
uo r
Yard
a�
52. 12-Inch Lime Stabilized Sub-Grade Square 2,400 $ 4' — ✓ $ 9,b 00,o b ✓
Yard
53. Lime Ton 80 $ I O O ✓ $ 8,000,60 ✓
54. 6-Inch Asphalt Base Course Square 2,100 $ I f!v So ✓ $ 3 4,(0 50.00 r
Yard
0
55. 2-Inch Asphalt Surface Course Square 1,850 $ — ,/ $ 12, O25, o0
Yard
56. 6-Inch Crushed Stone Temp Access Square 300 $ 15 '✓ $ 4-,500. oo ✓
Road Yard
Zo
57. 4-Inch Traffic Paint Pavement Marking Linear 1,950 $ 0 — ✓ $ 3 4° UO ✓
White Foot
0
58. 4-Inch Traffic Paint Pavement Marking Linear 750 $ U z ✓ $ 15 O. vt) ✓
Yellow Foot
59. 12-Inch Traffic Paint Pavement Linear 460 $ I sa ✓ $ O. 01) ✓
• Marking White Foot
60. 4-Foot Barbed Wire Fence Linear 7,800 $ 3 1-5 ✓ $ 2 5, 30.6 t,
Foot
o_
61. 4-Foot Chain Link Fence Linear 520 $ ✓ $ 3, 1 -O. oo ✓
Foot
62. 6-Foot Chain Link Fence Linear 1,200 $ 1 62
✓ $ ?, 006. o f
Foot
50
63. 6-Foot Wood Fence Linear 420 $ 15 ✓ $ 6, S-1 O, O 0 ✓
Foot
Project No.052511256.0004 00300-Page 7 of 10 BID Revised November 5,2003
ADDENDUM NO. 1
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
Item Approx Unit • Total
No. Description of Item Unit Quantity Price* Amount Bid
•
64. 18-Inch Double Swing Gate Each 2 $ 1, COO- $ 2,000
65. Pipe Swing Gate Each 8 $ 1, O o0 r $ 8. COO.O b f
8 14, 5i30. op
66. Hydromulch Sideslopes and Berm Square 81,000 $ D
Yard
67. Reinforced Filter Fabric Barrier Linear 16,500 $ 15° $ Z¢, 7 SO, o
Foot
� ov
68. Stabilized Construction Exit Each 8. $ a' I,SOD $ I z, 000,oo
69. Traffic Control Plan Lump 1 $ 15,000 ./ $ (5, dace.Up
Sum
—
70. 16-Foot Chain Link Fence Gate Each 8 $ 450 $ (,00. 06
TOTAL AMOUNT BID $ 2, 3 9 9, -1 7 0• 0 0
it z 374,77o. 0 o Q d-v--
* In the event of a discrepancy, figures in this column govern. 0 o 010 re- I13r/
�c 1 a. f.)
J
Project No.052511256.0004 . 00300—Page 8 of 10 BID Revised November 5,2003
ADDENDUM NO. 1
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
Substitutions:
Substitutions are not acceptable in the bidding process.
6. BIDDER agrees to begin work promptly after written Notice to Proceed is given by
ENGINEER or OWNER and will substantially complete the Work within 286 calendar days
in accordance with Paragraph 6.08 of the General Conditions and will complete the Work
and be ready for final payment within 300 calendar days after the date of the written Notice
to Proceed in accordance with Paragraph 6.09 of the General Conditions.
Alternately,BIDDER agrees to begin work promptly after written Notice to Proceed shall
have been given by the ENGINEER or OWNER, and to substantially complete the Work
within calendar days in accordance with Paragraph 6.16 in the
Supplementary Conditions, and will complete the Work and be ready for final payment
within calendar days in accordance with Paragraph 6.08 of the General
Conditions. (This statement may or may not be completed at the BIDDER's option. If the
statement is not completed, or if the time specified is greater than that in the preceding
paragraph, the preceding paragraph shall govern.)
BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of
failure to complete the Work within the time specified in the Agreement.
7. BIDDER has enclosed with this BID the required Bid Security in the form of a
B l9 B o a3 A in the amount of$ 5% GA& . BIDDER agrees that this amount is
a measure of liquidated damages which OWNER will sustain by failure of the BIDDER to
execute and deliver above-named Agreement and Bonds, and not a penalty, and further
agrees that this Bid Security shall be collected and retained by OWNER as liquidated
damages in the event this BID is accepted by OWNER within ninety (90) days after opening
of Bids and BIDDER fails to execute the Agreement and the required Bonds with OWNER
within fifteen(15)days after Contract Documents are received by BIDDER; otherwise said
Bid Security shall be returned to the BIDDER in accordance with Paragraph 7 of
Section 00100—Instruction to Bidders.
•
Project No.052511256.0004 00300—Page 9 of 10 BID Revised November 5,2003
ADDENDUM NO. 1
R •
Corrigan Subdivision Drainage Improvements Contract No. 1
' CITY OF PEARLAND Corrigan Ditch By-Pass Channel
ATTEST: Very truly yours
KQPLL By:
(SEAL, if Bidder is Corporate (Signature)
DAvto E . �OGNr�
(Typed or Printed Name)
Title: v►ce PJk s t.� �-�►r
Bidder: N B G u c7•02 s,.
• (Name of Company)
Address: N B G Co ►v5 r2v c 2s /,j c
9 1 o Z S'1 P r '
H o v S Ton) , 'TEXAS -7-7 $3
Telephone No.: Z8 I- 49 5- 0 8 4-Z
Facsimile No.: 2 8' - 4 9 S - 096, 0
Surety Co: SA Fe co S 2E--ry
Address: S AFEC-O U 2C 7`-1
P• i3c K 341544
SEA 7-n-C, kl A 8 1 Z '-(
Telephone No.: 4 25- 3"7(o- 6,53 S—
Facsimile No.: 4 ZS - 3 7(.,- 6.5 3 3
Project No.052511256.0004 00300—Page 10 of 10 BID Revised November 5,2003
ADDENDUM NO. 1
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
BID BOND
STATE OF TEXAS §
COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS:
That we, the undersigned, , as Principal, and
, as Surety, are hereby held and firmly bound
unto the City of Pearland, Texas, as OWNER in the amount of which
represents five percent (5%) of the amount bid for the payment of which, well and truly to be made,
we hereby jointly and severally bind ourselves, successors and assigns.
The Condition of the above obligation is such that whereas the Principal has submitted to
a certain BID, attached hereto and hereby made a
part hereof to enter into a contract in writing for
NOW THEREFORE:
(a) If said BID shall be rejected or;
(b) If said BID shall be accepted and the Principal shall execute and
deliver a contract in the Form of Contract attached hereto (properly
completed in accordance with said BID) and shall furnish a BOND
for his faithful performance of said contract, and for the payment of
all persons performing labor or furnishing materials in connection
therewith, and shall in all other respects perform the agreement
created by the acceptance of said BID;
then this obligation shall be void, otherwise the same shall remain in force and effect; it being
expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall,
in no event, exceed the penal amount of this obligation herein stated.
The Surety, for value received, hereby stipulates and agrees that the obligations of said
Surety and its BOND shall be in no way impaired or affected by any extension of the time within
which the OWNER may accept such BID, and said Surety does hereby waive notice of any such
.extension.
Project No.052511256.0004 00315—Page 1 of 2 BID BOND
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and
seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and
these presents to be signed by their proper officers, the day and year first set forth above.
EXECUTED,this the day of
Principal Surety
By: By:
(Power of Attorney Attached)
ATTEST/SEAL:
BY:
TITLE:
IMPORTANT: Surety companies executing BONDS must be licensed to transact business in the
State of Texas.
Project No.052511256.0004 00315—Page 2 of 2 BID BOND
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
AGREEMENT
THIS AGREEMENT is dated as of the day of �a�,�t in
the year 200 by and between City of Pearland, (hereinafter called OWNER) and 1415c,GotJrrurGTvr
(hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree
as follows:
Article 1. WORK.
1.1. CONTRACTOR shall perform the Work in a good and workmanlike manner and in the best
way and most expeditious and economical manner consistent with the interests of the
OWNER, shall exercise the degree of care, skill, and diligence in the performance of the
Work in accordance with and consistent with industry standards for similar circumstances,
shall utilize its best skill, efforts, and judgment in furthering the interests of the OWNER, and
shall furnish efficient business administration and supervision (collectively,
CONTRACTOR's "Standard of Care").
1.2. CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Work is generally described as follows: "The Corrigan Ditch By-Pass
Channel including the excavation and construction of the by-pass ditch,utility relocations,
dam,the three concrete bridges crossing at the intersections of Fite Road,Private Road, and
Hatfield Road, and related drainage improvements for the Corrigan Subdivision Drainage
Improvements Contract No. 1. The Corrigan Ditch By-Pass Channel is located just south of
Broadway/F.M. 518,west of S.H. 35/Main Street, and east of F.M. 1128.
Article 2. ENGINEER.
The Project has been designed under subcontract to Turner Collie&Braden Inc., acting as Program
Manager. Turner Collie&Braden Inc.,who is hereinafter called ENGINEER and who is to act as
OWNER's Representative, assume all duties and responsibilities, and have the rights and authority
assigned to ENGINEER in the Contract Documents in connection with completion of the Work in
accordance with the Contract Documents.
Article 3. CONTRACT TIMES.
3.1 The Work will be substantially completed with 286 days after the date when the Contract
Times commence to run as provided in Paragraph 5.05 of the General Conditions and will be
completed and ready for final payment in accordance with Paragraph 6.09 of the General
Conditions within 300 days after the date when the Contract Times commence to run.
3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence to
this Agreement and that OWNER will suffer financial loss if the Work is not completed
within the times specified in Paragraph 3.1 above,plus any extensions thereof allowed in
accordance with Article 5 of the General Conditions. They also recognize the delays,
Project No.052511256.0004 00500—Page 1 of 7 AGREEMENT
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OFPEARLAND Corrigan Ditch By-Pass Channel
expense, and difficulties involved in proving the actual loss suffered by OWNER if the Work
is not completed on time. Accordingly, instead of requiring any such proof, OWNER and
CONTRACTOR agree that as liquidated damages for delay(but not as a penalty),
CONTRACTOR shall pay OWNER One Hundred Fifty dollars ($150.00) for each day that
expires after the time specified in Paragraph 3.1 above for Substantial Completion until the
Work is substantially complete. After Substantial Completion, if CONTRACTOR shall
neglect, refuse, or fail to complete the remaining Work within the time specified in
Paragraph 3.1 above for completion and readiness for final payment or any proper extension
thereof granted by OWNER, CONTRACTOR shall pay OWNER One Hundred Fifty dollars
($150.00)for each day that expires after the time specified in Paragraph 3.1 for completion
and readiness for final payment.
Article 4. CONTRACT PRICE.
OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract
Documents an amount in current funds equal to the sum of the amounts as indicated in the attached
BID.
As provided in Paragraph 6.04 of the General Conditions, estimated quantities are not guaranteed,
and determinations of actual quantities and classification are to be made by ENGINEER as provided
in Paragraph 6.03 of the General Conditions. Unit prices have been computed as provided in
Paragraph 6.04 of the General Conditions.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 6 of the General
Conditions. Applications for Payment will be processed by ENGINEER as provided in the General
Conditions.
5.1. Progress Payments; Retainage. Subject to OWNER's right to withhold payment in
Paragraph 6.15.4 of the Supplementary Conditions, OWNER shall make progress payments
on account of the Contract Price on the basis of CONTRACTOR's completed Applications
for Payment as recommended by ENGINEER, on or about the 10th day of each month during
construction as provided in Paragraph 5.1.1 below. All such payments will be measured by
the schedule of values established in Paragraph 4.32.1.3 of the Supplementary Conditions
(and in the case of Unit Price Work based on the number of units completed).
5.1.1. Prior to Substantial Completion,progress payments will be made in an amount equal to the
percentage indicated below, but, in each case, less the aggregate of payments previously
made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in
accordance with Paragraph 6.15.4 of the Supplementary Conditions.
Ninety percent(90%)of the Work completed and included in the Application for Payment
,/'`� (with the balance being retainage).
` Ninety percent(90%) (with the balance being retainage) of materials and equipment not
incorporated in the Work(but delivered, suitably stored and accompanied by documentation
Project No.052511256.0004 00500—Page 2 of 7 AGREEMENT
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
C`:
satisfactory to OWNER as provided in Paragraph 6.06 of the General Conditions)and
included in the Application for Payment.
5.2. Final Payment. Upon final completion and acceptance of the Work in accordance with
Paragraph 6.08 of the General Conditions and submission of a completed Application for
Payment, OWNER shall pay the remainder of the Contract Price as recommended by
ENGINEER as provided in said Paragraph 6.08 in the Supplementary Conditions.
Article 6. INTEREST.
All moneys not paid when due as provided in Article 6 of General Conditions shall bear interest at
the maximum rate allowed by law in the State of Texas.
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following
representations and warranties:
7.1. CONTRACTOR has examined and carefully studied the Contract Documents(including the
Addenda listed in Article 8) and the other related data identified in the Bidding Documents
including"technical data."
C°1 \ 7.2. CONTRACTOR has visited the site,has conducted all testing at the site CONTRACTOR
deems necessary, has become familiar with, has taken into consideration in formulating its
BID, and accepts the general, local, and site conditions that may affect cost,progress,
performance and furnishing of the Work;
7.3. CONTRACTOR is familiar with and has taken into consideration in formulating its BID and
accepts all federal, state, and local Laws and Regulations that may affect cost,progress,
performance, and furnishing of the Work.
7.4. CON TRACTOR has carefully studied all reports of explorations and tests of subsurface
conditions at or contiguous to the site and all drawings of physical conditions in or relating to
existing surface or subsurface structures at or contiguous to the site (except Underground
Facilities)which have been identified in the Supplementary Conditions as provided in
Paragraph 2.06. CONTRACTOR accepts the determination set forth in Paragraph 2.06 of the
Supplementary Conditions of the extent of the"technical data" contained in such reports and
drawings upon which CONTRACTOR is entitled to rely. CONTRACTOR understands,
acknowledges, and agrees that such reports and drawings are not Contract Documents and
may not be complete for CONTRACTOR's purposes. CONTRACTOR understands,
acknowledges, and agrees that OWNER and ENGINEER are not responsible for and make
no warranties regarding the accuracy or completeness of information and data shown or
indicated in the Bidding Documents with respect to surface and subsurface conditions and
Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and
carefully studied and is responsible for obtaining and studying any and all such additional or
supplementary examinations, investigations, explorations,tests, studies,and data concerning
conditions (surface, subsurface, and Underground Facilities)at or contiguous to the site or
otherwise which may affect cost,progress,performance, or furnishing of the Work or which
Project No.052511256.0004 00500—Page 3 of 7 AGREEMENT
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
relate to any aspect of the means,methods,techniques, sequences, and procedures of
construction to be employed by CONTRACTOR and safety precautions and programs
incident thereto,as may be necessary. CONTRACTOR does not consider that any additional
examinations, investigations, explorations,tests, studies, or data are necessary for the
determination of this Bid for performance and furnishing of the Work in accordance with the
times,price, and other terms and conditions of the Contract Documents.
7.5. CONTRACTOR is aware of the general nature of work to be performed by OWNER and
others at the site that relates to Work for which this BID is submitted as indicated in the
Contract Documents.
7.6. CONTRACTOR has correlated the information known to CONTRACTOR, information and
observations obtained from visits to the site, reports and PLANS identified in the Contract
Documents and all additional examinations, investigations, explorations,tests, studies, and
data with the Contract Documents.
7.7. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or
discrepancies that CONTRACTOR has discovered in the Contract Documents, and the
written resolution thereof by ENGINEER is acceptable to CONTRACTOR, CONTRACTOR
has no questions regarding the Work, CONTRACTOR has all information necessary to make
a fully informed BID, and the Contract Documents are generally sufficient to indicate and
convey understanding of all terms and conditions for performing and furnishing the Work for
which this BID is submitted.
7.8. CONTRACTOR represents and warrants that CONTRACTOR(i)is qualified and
experienced, (ii) is capable of performing the Work and has available resources to perform
the Work, and(iii)understands and agrees to the terms of all of the Contract Documents.
Article 8. CONTRACT DOCUMENTS.
The Contract Documents that comprise the entire agreement between OWNER and CONTRACTOR
concerning the Work consist of the following:
8.1. Invitation to Bidders (pages 1 to 2, inclusive).
8.2. Instructions to Bidders (pages 1 to 8, inclusive).
8.3. Bid(pages 1 to 10,inclusive).
8.4. Addend1Number%I to 2 , inclusiv)
8.5. This Agreement(pages 1 to 7, inclusive).
8.6. Construction Performance Bond (pages 1 to 4, inclusive)
Construction Payment Bond(pages 1 to 4, inclusive).
8.7. General Conditions of Agreement(pages 1 to 31, inclusive), Including Attachments 1 and 2.
8.8. Supplementary Conditions (pages 1 to 24, inclusive).
Project No.052511256.0004 00500—Page 4 of 7 AGREEMENT
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
8.9. Insurance Certificate.
8.10. Technical Specification bearing the title"Mobility and Drainage Program Standard Technical
Specifications,Division 2 through Division 16."
8.11. Division 1 General Requirements included in the Specification book bearing the title
"Mobility and Drainage Bond Program, Corrigan Subdivision Drainage Improvements
Contract No. 1, Corrigan Ditch By-Pass Channel, Contract Documents, BID No. 2003-081."
8.12. PLANS consisting of a cover sheet and sheets numbered 1 through 55, inclusive.
8.13. Documentation submitted by Contractor prior to Notice of Award(pages---..to„...
inclusive). (NONE)
8.14. The following which may be delivered or issued after the Effective Date of the Agreement
and are not attached hereto: All Written Amendments and other documents amending,
modifying or supplementing the Contract Documents pursuant to Paragraph 7.01, 7.02, 7.03,
and 7.04 of the General Conditions.
In the event of any discrepancies between the parts of the Contract Documents, or likewise, in the
event of any doubt as to the meaning and intent of any portion of the Contract Documents,
ENGINEER shall define that which is intended to apply to the Work.
The documents listed in Article 8.3 et seq. above are attached to this Agreement(except as expressly
noted otherwise above).
There are no Contract Documents other than those listed above in this Article. The Contract
Documents may only be amended, modified,or supplemented as provided in Paragraphs 7.01, 7.02,
7.03, and 7.04 of the General Conditions.
Article 9. MISCELLANEOUS.
9.1. Terms used in this Agreement which are defined in Article 1 of the General Conditions will
have the meanings indicated in the General Conditions.
9.2. No assignment by a party hereto of any rights under or interests in the Contract Documents
will be binding on another party hereto or effective without the prior written consent of the
party sought to be bound; and, specifically but without limitation, monies that may become
due and monies that are due may not be assigned without such consent(except to the extent
that the effect of this restriction may be limited by law), and unless specifically stated to the
contrary in any written consent, no assignment will release or discharge the assignor from
any duty or responsibility under the Contract Documents.
9.3. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal
representatives to the other party hereto, its partners, successors, assigns, and legal
representatives in respect to all covenants,agreements, and obligations contained in the
Contract Documents.
9.4. Any provision or part of the Contract Documents held to be void or unenforceable under any
Project No.052511256.0004 00500—Page 5 of 7 AGREEMENT
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
Law or Regulation shall be deemed stricken, and all remainingprovi
sions p isions shall continue to
be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract
Documents shall be reformed to replace such stricken provision or part thereof with a valid
and enforceable provision that comes as close as possible to expressing the intention of the
stricken provision. If, however,the void or unenforceable provision is of the essence of this
Agreement,nothing in the Paragraph 9.4 shall prevent this entire Agreement from being void.
9.5. OTHER PROVISIONS. As noted hereinafter:
9.5.1. The following Articles shall survive termination of this Agreement: 3 (Contract Times);
7 (Contractor's Representatives); and 9(Miscellaneous).
9.5.2. Headings and titles of Articles in this Agreement are included herein for convenience of
reference only and shall not constitute a part of the Agreement for any other purpose and will
not affect in any way the meaning or interpretation of this Agreement.
9.5.3. This Agreement as executed by authorized representatives of OWNER and CONTRACTOR
constitutes the entire Agreement between the parties with respect to matters herein, and there
are no oral or written understandings,representations, or commitments of any kind, express
or implied, not expressly set forth herein.
9.5.4. This Agreement, its interpretation, and any disputes relating to,arising out of, or connected
(lik\ with this Agreement, shall be governed by the laws of the State of Texas,without regard to
conflicts of law provisions. Any dispute relating to, arising out of, or connected with this
Agreement shall be filed and maintained in the state or federal courts located in Brazoria
County, Texas,unless otherwise agreed by the parties in connection with an Alternative
Dispute Resolution Agreement.
9.5.5. Each party hereto represents and warrants that the person executing this Agreement on its
behalf is duly authorized and empowered to do so and that all formalities necessary for its
approval of this Agreement have been satisfied.
9.5.6. CONTRACTOR undertakes performance of the Work as an independent contractor. Nothing
herein shall create a relationship of employer and employee,joint venture, or partnership
between OWNER and CONTRACTOR, its agents,representatives, employees, or
subcontractors for any purpose whatsoever. Nothing herein shall create a relationship of
principal and agent between OWNER and CONTRACTOR, its agents, employees,
representatives, or subcontractors.Neither party shall have the authority to bind or obligate
the other in any manner as a result of the relationship created hereby.
9.5.7. Upon payment of a portion of the Work, CONTRACTOR shall be deemed to have sold and
conveyed to OWNER, and OWNER shall be deemed to have purchased from
CONTRACTOR all of CONTRACTOR's right,title, and interest in the Work. From and
after the date of such payment,within fifteen(15)days of the request of OWNER,
CONTRACTOR shall execute and deliver such bills of sale and other instruments of
conveyance, assignment,transfer, and delivery as OWNER may reasonably request in order
to convey such right,title, and interest to OWNER. From and after the date of such payment,
title to the Work shall remain with OWNER.
Project No.052511256.0004 00500—Page 6 of 7 AGREEMENT
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
CIN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate.
One counterpart each has been delivered to OWNER, CONTRACTOR, and ENGINEER. All
portions of the Contract Documents have been signed, initialed, or identified by OWNER and
CONTRACTOR or identified by ENGINEER on their behalf.
This Agreement will be effective on 0.1‘J-0.�� 3 . , 2004(which is the
Effective Date of the Agreement).
i S._..
--
OWNER City of Pearland CONTRACTOR 14 BG CoT,(5 (lG-yoR3 x40.
Lv ` -
By. gtowoisloo&,, By: DAv i 0 E. Bc»?-f4/1:- �,` - _
[CORPORATE SPWRle' ''O �'':, [CORPORATE SEAL Je `` . `
0 ° 'ma/F a
fp
Attest ' • 0%%Attest um
City ary ou.
• Addre r giving notices Address for giving notices
3519 Liberty Drive 9 7o Z 5y ADD i 7
C.111. Pearland, Texas 77581 H O 05w,J 7 A$ 7"70 8 3
If CONTRACTOR is a corporation, attach
evidence of authority to sign).
END OF SECTION
Project No.052511256.0004 00500—Page 7 of 7 AGREEMENT
O IMPORTANT NOTICE
TO OBTAIN INFORMATION OR MAKE A COMPLAINT:
YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE
TO OBTAIN INFORMATION ON COMPANIES, COVERAGES,
RIGHTS OR COMPLAINTS AT:.
1-800-252-3439
YOU MAY WRITE THE TEXAS DEPARTMENT OF INSURANCE:
P. O. BOX 149104
AUSTIN, TEXAS 78714-9104
FAX #(512)("1116' PREMIUM OR CLAIM DISPUTES:
SHOULD YOU HAVE A DISPUTE CONCERNING YOUR PREMIUM
OR ABOUT A CLAIM, YOU SHOULD CONTACT THE AGENT OR
COMPANY FIRST. IF THE DISPUTE IS NOT RESOLVED, YOU MAY
CONTACT THE TEXAS DEPARTMENT OF INSURANCE.
ATTACH THIS NOTICE TO YOUR POLICY
THIS NOTICE IS FOR INFORMATION ONLY AND DOES NOT BECOME
A PART OR CONDITION OF THE ATTACHED DOCUMENT.
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
CONSTRUCTION PERFORMANCE BOND
Any singular reference to Contractor, Surety,OWNER,or other party shall be considered plural where
applicable. BOND NO. 6239767
CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business):
NBG Constructors, Inc. Safeco Insurance Company'.of America
9702 Synott 7600 West Tidwell, Suite 708
Houston, Texas 77083 Houston, Texas 77040
OWNER(Name and Address):
City of Pearland
3519 Liberty Drive
Pearland,Texas 77581
CONSTRUCTION CONTRACT
Date:
Amount(In Numbers and Words): TWO MILL I ON THREE HUNDRED SEVENTY FOUR THOUSAND SEVEN HUNDRED
SEVENTY AND NO/100 ($2,374,770.00) DOLLARS**
Description(Name and Location): Corr i gan Subdivision Drainage 'I mprovements Contract No. 1
Corrigan Ditch By-Pass Channel, Bid No. 2003-081
BOND
Date(Not earlier than Contract Date): TWO MILLION THREE HUNDRED SEVENTY FOUR THOUSAND SEVEN HUNDRED
SEVENTY AND NO/100 ($2,374,770.00) DOLLARS**
Amount(In Numbers and Words): •
Modifications to this Bond Form: NONE
CONTRACTOR AS PRINCIPAL SURETY ((��
Company: CONSTRUCTORS.";-.: . C. (Corp. Seal) Company: SAFE INSURANCE ANY OF AMER
K71orp' Seal)
Signature: _ . - Signature:
Name and Title. DAv!or C 3 Ot 7- e4 Name an itl . ry H. Senke l/Attar ey-i n-Fact_
- V;(Ce P( e;51Ot?J1 Wi I I is of Texas, Inc.-.° _ _
_ One Riverway, Suite-2 0D
Houston, Texas 77056,:.�'
---- (713) 961-3800
Project No.052511256.0004 00610—Page 1 of 4 CONSTRUCTION PERFORMANCE BOND
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
WHEREAS:
1. The CONTRACTOR and the Surety,jointly and severally, bind themselves,their officers,
directors, shareholders,partners,heirs, executors, administrators, successors, and assigns to the
OWNER for the performance of the Construction Contract, which is incorporated herein by
reference.
2. If the CONTRACTOR performs the Construction Contract, the Surety and the CONTRACTOR
shall have no obligation under this Bond, except to participate in conferences as provided in
Subparagraph 3.1 hereinafter.
3. If there is no OWNER Default,the Surety's obligation under this Bond shall arise after:
3.1. The OWNER has notified the CONTRACTOR and the Surety at its address (described in
Paragraph 10 below)that the OWNER is considering declaring a CONTRACTOR Default and
that the OWNER has requested and attempted to arrange a conference with the CONTRACTOR
and Surety to be held not later than fifteen(15) days after receipt of such notice to discuss
methods of performing the Construction Contract. If the OWNER,the CON IRACTOR, and
Surety agree,the CONTRACTOR shall be allowed a reasonable time to perform the
Construction Contract, but such an agreement shall not waive the OWNER's right, if any,
subsequently to declare a CONTRACTOR Default; and
3.2. The OWNER has declared a CONTRACTOR Default and formally terminated the
(R.\ CONTRACTOR's right to complete the contract. Such CONTRACTOR Default shall not be
declared earlier than twenty(20) days after the CONTRACTOR and the Surety have received
notice as provided in Subparagraph 3.1; and
3.3 The OWNER has agreed to pay the Balance of the Contract Price to the Surety in accordance
with the terms of the Construction Contract or to a contractor selected to perform the
Construction Contract in accordance with the terms of the contract with the OWNER.
4. When the OWNER has satisfied the conditions of Paragraph 3,the Surety shall,within
thirty(30) days after notice of default, and at the Surety's expense,take one of the following
actions:
4.1. Arrange for the CONTRACTOR,with consent of the OWNER,to perform and complete the
Construction Contract; or
4.2. Undertake to perform and complete the Construction Contract itself,through its agents, or
through independent contractors; or
4.3. Obtain bids or negotiated proposals from qualified contractors acceptable to the OWNER for a
contract for performance and completion of the Construction Contract; arrange for a contract to
be prepared for execution by the OWNER and the contractor selected with the OWNER's
concurrence to be secured with performance and payment bonds executed by a qualified surety
equivalent to the bonds issued on the Construction Contract; and pay to the OWNER the amount
of damages, as described in Paragraph 6 hereinafter, in excess of the balance of the Contract
Price incurred by the OWNER resulting from the CONTRACTOR's default; or
Project No.052511256.0004 00610—Page 2 of 4 CONSTRUCTION PERFORMANCE BOND
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
4.4. Waive its right to perform and complete, arrange for completion, or obtain a new contractor with
reasonable promptness under the circumstances:
4.4.1. After investigation, determine the amount for which it may be liable to the OWNER and, as
soon as practicable after the amount is determined,tender payment therefor to the OWNER; or
4.4.2. Deny liability in whole or in part and notify the OWNER citing reasons therefor.
5. If the Surety does not proceed as provided in Paragraph 4,the Surety shall be deemed to be in
default on this Bond. The OWNER shall be entitled to enforce any remedy available to the
OWNER. If the Surety proceeds as provided in Subparagraph 4.4 above, and the OWNER
refuses the payment tendered, or the Surety has denied liability, in whole or in part,without
further notice,the OWNER shall be entitled to enforce any remedy available to the OWNER.
6. After the OWNER has terminated the CONTRACTOR's right to complete the Construction
Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above,then the
responsibilities of the Surety to the OWNER shall not be greater than those of the
CONTRACTOR under the Construction Contract, and the responsibilities of the OWNER to the
Surety shall not be greater than those of the OWNER under the Construction Contract. To the
limit of the amount of this Bond, but subject to commitment by the OWNER of the Balance of
the Contract Price, and subject to mitigation of costs and damages on the Construction Contract,
the Surety is obligated and subject without duplication for:
6.1. The responsibilities of the CONTRACTOR for correction of defective work and completion of
the Construction Contract;
6.2. Additional legal, design professional, and delay costs resulting from the CONTRACTOR's
Default, and resulting from the actions or failure to act of the Surety under Paragraph 4 above;
and
6.3. Liquidated damages, or if no liquidated damages are specified in the Construction Contract,
actual damages caused by delayed performance or nonperformance of the CONTRACTOR.
7. The Surety shall not be liable to the OWNER or others for obligations of the CONTRACTOR
that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not
be reduced or set off on account of any such unrelated obligations. No right of action shall
accrue on this Bond to any person or entity other than the OWNER or its heirs, executors,
administrators, or successors.
8. The Surety hereby waives notice of any change, including changes of time,to the Construction
Contract or to related subcontractors,purchase orders, and other obligations.
9. 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 one year after CONTRACTOR Default, or within one year 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.
Project No.052511256.0004 00610—Page 3 of 4 CONSTRUCTION PERFORMANCE BOND
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
(77 10. Notice to the Surety,the OWNER, or the CON TRACTOR shall be mailed or delivered to the
address shown on the signature page.
11. When this Bond has been furnished to comply with a statutory or other legal requirement in the
location where the construction was to be performed, any provision in this Bond conflicting with
said statutory or legal requirement shall be deemed deleted herefrom, and provisions conforming
to such statutory or other legal requirement shall be deemed incorporated herein. The intent is
that this Bond shall be construed as a statutory bond and not as a common law bond.
12. Definitions.
12.1. Balance of the Contract Price. The total amount payable by the OWNER to the
CONTRACTOR under the Construction Contract after all contractual adjustments, have been
made, including allowance to the CONTRACTOR of any amounts received or to be received by
the OWNER in settlement of insurance or other claims for damages to which the
CONTRACTOR is entitled,reduced by all valid and proper payments made to which the
CONTRACTOR, in accordance with the Contract, is due.
12.2. Construction Contract: The agreement between the OWNER and the CONTRACTOR identified
on the signature page, including all Contract Documents and changes thereto.
12.3. CONTRACTOR Default: Failure of the CONTRACTOR,which has neither been remedied nor
waived, to perform or otherwise to comply with the terms of the Construction Contract.
12.4 OWNER Default: Failure of the OWNER,which has neither been remedied nor waived,to pay
the CONTRACTOR as required by the Construction Contract or to perform and complete or
comply with the other terms thereof.
END OF SECTION
Project No.052511256.0004 00610—Page 4 of 4 CONSTRUCTION PERFORMANCE BOND
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
CONSTRUCTION PAYMENT BOND
Any singular reference to Contractor, Surety, OWNER,or other party shall be considered plural where
applicable. BOND NO. 6239767
CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business):
NBG Constructors, Inc. Safeco Insurance Company of America
9702 Synott 7600 West Tidwell, Suite 708
Houston,Texas 77083 Houston, Texas 77040
OWNER(Name and Address):
City of Pearland
3519 Liberty Drive
Pearland,Texas 77581
CONSTRUCTION CONTRACT
.•, Date:
Amount(In Numbers and Words): TWO MILLION THREE HUNDRED SEVENTY FOUR THOUSAND SEVEN HUNDRED
SEVENTY AND NO/100 ($2,374,770.00) DOLLARS**
Description (Name and Location): Corrigan Subdivision Drainage Improvements Contract No. 1
Corrigan Ditch By-Pass Channel, Bid No. 2003-081
BOND
Date(Not earlier than Contract Date):
Amount(In Numbers and Words): TWO MILLION THREE HUNDRED SEVENTY FOUR THOUSAND SEVEN HUNDRED
SEVENTY AND NO/100 ($2,374,770.00) DOLLARS**
Modifications to this Bond Form: None
CONTRACTOR AS PRINCIPAL SURETY Seal)
Company: NOG CONSTRUCTOR ,.. NC. (Corp. Seal) Company: SAFEC NSURANCE COFPANY OF j€i i(korp•
Signature:
Signature: �'-- V � �=L
Name and Title:,c ��'D- B V 04M. Name and e: Lar y H. Senke I/Attorney-In-Fact
\�i cE`P2� iv Willis of Texas, Int.
= One Riverway, Suite2200
Houston, Texas 77056 "
Pmjax No.0325I1256.0004
00620—Page 1 of 4 CONSTRUCTION PAYMENT BOND
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan By-Pass Ditch Channel
rib\ WHEREAS:
1. The CONTRACTOR and the Surety,jointly and severally,bind themselves, their officers,
directors, shareholders,partners,heirs, executors, administrators, successors and assigns to
the OWNER to pay for labor,materials, and equipment furnished for use in the performance
of the Construction Contract, which is incorporated herein by reference.
2. With respect to the OWNER, this obligation shall be null and void if the CONTRACTOR:
2.1. Makes payment in accordance with the normal and customary course of business, directly or
indirectly, for all sums due Claimants, and
2.2. Defends, indemnifies, and holds harmless the OWNER from claims, demands,liens, or suits
by any person or entity whose claim, demand, lien, or suit is for payment for labor, materials
or equipment furnished for use in the performance of the Construction Contract,provided the
OWNER has notified the CONTRACTOR and the Surety (at the address described in
Paragraph 12) of any claims, demands, liens or suits, tendered defense of such claims,
demands,liens or suits to the CONTRACTOR and the Surety within forty-five(45)days of
actual knowledge of the event, and provided there is no OWNER Default.
3. With respect to Claimants, this obligation shall be null and void if the CONTRACTOR
makes payment in accordance with the normal and customary course of business, directly or
(11"*"'\ indirectly, for all sums due.
4. The Surety shall have no obligation to Claimants under this Bond until:
4.1. Claimants who are employed by, or have a direct contract with, the CONTRACTOR have
given notice to the Surety (at the address described in Paragraph 12 following) and sent a
copy, or notice thereof, to the OWNER, stating that a claim is being made under this Bond
and, with substantial accuracy, specifies the amount of the claim.
4.2. Claimants who do not have a direct contract with the CONTRACTOR:
4.2.1. Have furnished written notice to the CONTRACTOR and have sent a copy, or notice thereof,
to the OWNER, within ninety (90) days after having last performed labor or last furnished
materials or equipment included in the claim stating, with substantial accuracy,the amount of
the claim and the name of the party to whom the materials were furnished or supplied or for
whom the labor was done or performed: and
4.2.2. Have either received a rejection in whole or in part from the CONTRACTOR, or not
received, within thirty (30) days of furnishing the above notice, any communication from the
CONTRACTOR by which the CONTRACTOR has indicated the claim will be paid directly
or indirectly; and
4.2.3. Not having been paid within the above thirty(30) days, have sent a written notice to the
Surety (at the address described in Paragraph 12 following) and have sent a copy, or notice
thereof, to the OWNER, stating that a claim is being made under this Bond and enclosing a
copy of the previous written notice furnished to the CONTRACTOR.
Project No.052511256.0004 00620—Page 2 of 4 CONSTRUCTION PAYMENT BOND
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan By-Pass Ditch Channel
5. If a notice required by Paragraph 4 above is given by the OWNER to the CONTRACTOR or
to the Surety, that is sufficient compliance.
6. When the Claimant has satisfied the conditions of Paragraph 4 above, the Surety shall
promptly, and at the Surety's expense, take the following actions:
6.1. Send an answer to the Claimant, with a copy to the OWNER, within forty-five (45)days after
receipt of the claim, stating the amounts that are undisputed and that basis for challenging
any amounts that are disputed.
6.2. Pay or arrange for payment of any undisputed amounts.
7. The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this
Bond shall be credited for any payments made in good faith by the Surety.
8. Amounts owed by the OWNER to the CONTRACTOR under the Construction Contract shall
be used for the performance of the Construction Contract and to satisfy claims, if any, under
any Construction Performance Bond. By the CONTRACTOR furnishing, and the OWNER
accepting this Bond, they agree that all funds earned by the CONTRACTOR in the
performance of the Construction Contractor are dedicated to satisfy obligations of the
CONTRACTOR and the Surety under this Bond, subject to the OWNER's priority to use the
funds for the completion of the Work.
9. The Surety shall not be liable to the OWNER, Claimants, or others for obligations of the
CONTRACTOR that are unrelated to the Construction Contract. The OWNER shall not be
liable for payment of any costs or expenses of any Claimant under this Bond and shall have,
under this Bond, no obligations to make payments, to give notices on behalf of, or otherwise
have obligations to Claimants under this Bond.
10. The Surety hereby waives notice of any change, including changes of time, to the
Construction Contract or to related subcontracts,purchase orders, and other obligations.
11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of
competent jurisdiction in the location in which the work or part of the work is located or after
the expiration of one (1)year from the date (1) on which the Claimant gave the notice.
required by Subparagraph 4.1 or Clause 4.2.3, or(2)on which the last labor or service was
performed by anyone or the last materials or equipment were furnished by anyone under the
Construction Contract, whichever of(1) or(2)first occurs. If the provisions of Paragraph 4
are void or prohibited by law, the minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.
12. Notice to the Surety, the OWNER, or the CONTRACTOR shall be mailed by certified or
registered mail to the address shown on the signature page. Actual receipt of notice by the
Surety, the OWNER, or the CONTRACTOR,however accomplished, shall be sufficient
compliance as of the date received at the address shown on the signature page.
13. When this Bond has been furnished to comply with a statutory or other legal requirement in
the location where the construction was to be performed, any provision in the Bond
conflicting with said statutory or legal requirement shall be deemed deleted herefrom and
provisions conforming to such statutory or other legal requirement shall be deemed
Project No.052511256.0004 00620—Page 3 of 4 CONSTRUCTION PAYMENT BOND
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan By-Pass Ditch Channel
incorporated herein. The intent is that this Bond shall be construed as a statutory bond and
not as a common-law bond.
14. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the
CONTRACTOR shall promptly furnish a copy of this Bond or shall permit a copy to be
made.
15. Definitions.
15.1. Claimant: An individual or entity having a direct contract with the CONTRACTOR, or with
a subcontractor of the CONTRACTOR, to furnish labor, materials, or equipment for use in
the performance of the Contract. The intent of this Bond shall be to include, without
limitation in the terms, "labor, materials, or equipment" that part of water, gas, power, light,
heat, oil, gasoline, telephone service, or rental equipment used in the Construction Contract;
architectural and engineering services required for performance of the work of the
CONTRACTOR and the CONTRACTOR's subcontractors; and all other items for which a
mechanic's lien may be asserted in the jurisdiction where the labor,materials, or equipment
were furnished.
15.2. Construction Contract: The agreement between the OWNER and the CONTRACTOR
identified on the signature page,including all Contract Documents and changes thereto.
15.3. OWNER Default: Failure of the OWNER, which has neither been remedied nor waived, to
pay the CONTRACTOR, as required by the Construction Contract, or to perform and
complete or comply with the other terms thereof.
END OF SECTION
C
Project No.052511256.0004 00620—Page 4 of 4 CONSTRUCTION PAYMENT BOND
F53 SAFECO"
State of Texas Surety Bond Claim Notice
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:
SAFECO Surety
Adams Building
4834 154th PL NE
Redmond,WA 98052
Mailing Address:
SAFECO Surety
PO Box 34754
Seattle,WA 98124
Phone: (425)37643535
Fax: (425)376-6533
IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING
THE TERRORISM RISK INSURANQE ACT OF 2.DQ2
As a surety bond customer of one of the SAFECO insurance companies(SAFECO Insurance Company of
America, General Insurance Company of America, First National Insurance Company of America,American
States Insurance Company or American Economy Insurance Company),it is our duty to notify you that the
Terrorism Risk Insurance Act of 2002 extends to'surety insurance This means that under certain circum-
stances we may be eligible for reimbursement of certain surety bond losses by the United States government
under a formula established by this Act.
Under this formula,the United States government pays 90%of losses caused by certified acts of terrorism that
exceed a statutorily established deductible to be paid by the insurance company providing the bond.The Act
also establishes a$100 billion cap for the total of all losses to be paid by all insurers for certified acts of
terrorism. Losses on some or all of your bonds may be subject to this cap.
This notice does not modify any of the existing terms and conditions of this bond,the underlying agreement
guaranteed by this bond, any statutes governing the terms of this bond or any generally applicable rules of law.
At this time there is no premium change resulting from this Act.
•
S6249 3/03
S A C GC c O- POWER SAFECO INSURANCE COMPANY OF AMERICA
it OF ATTORNEY HOME OOFFFIl INSURANCE
SAFECO PLAZA
ANY OF AMERICA
SEATTLE,WASHINGTON 98185
No. 4255
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation,does each hereby
appoint
WILLIAM H.RATZ;LARRY H.SENKEL;PAMELA PROKOP;Houston,Texas
its true and lawful attomey(s)-in-fad,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character
issued in the course of its business,and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and
attested these presents
this 15th day of June , 1999
.41thit411411
RA.PIERSON,SECRETARY W.RANDALL STODDARD,PRESIDENT
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS ...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that
purpose by the officer in charge of surety operations,shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to
execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any
instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
un ``ing of the company,the seal,or a facsimile thereof,may be impressed or affixed or in any other manner reproduced;provided,however,that the seal shall not
be t .,sary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 25,1970.
"On any certificate executed by the Secretary or an assistant secretary of the Company setting out,
(i) The provisions of Article V,Section 13 of the By-laws,and
(ii) A copy of the power-of-attorney appointment,executed pursuant thereto,and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof."
I,RA.Pierson,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the
foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto,are true and
correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation
this day of , 2004 •
,► SJ���tyE
ockPoR4pc i CCWOPATE
SEAS, y SEAL
/953
d4rEpf wAstf`�'"`o+ !
4/eofWa?We RA.PIERSON,SECRETARY
S r)9 v SAE F 98 Registe.eo trademark or SAFECO Corporation.
6/15/99 PDF
LVnVLAJ PAGE I
ACORQT. CERTIFICATE OF LIABILITY INSURANCE DATE(M M/DD/YY)
01/16/04
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Insurepointe of Texas, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
(713)9 6 4-0 0 2 2 FAX(713)9 6 4-0 0 4 4 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
2909 Hillcroft Ste #600 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
(071.,louston, TX 77057 INSURERS AFFORDING COVERAGE
INSURED INSURER A:Bituminous Casualty Corp
NBG Constructors, Inc. INSURER B:Capltol Specialty Insurance / HIB
9702 Synott Rd INsuRERC:TeXas Mutual Insurance Company
Houston, TX 77083
INSURER D:
( INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR POLICY EFFECTIVE POLICY EXPIRATION
LTR TYPEOF INSURANCE POLICY NUMBER DATE IMM/DD/YYI DATEIMM/DD/YYI LIMITS
A GENERAL LIABILITY CLP3159731 02/28/03 02/28/04 EACH OCCURRENCE $1,000,000
X COMMERCIALGENERALLIABILITY FIRE DAMAG E(Any one fire) $100, 000
CLAIMS MADE X OCCUR MED EXP(Any one person) $5,000
PERSONAL&ADV INJURY $1,000,000
GENERAL AGGREGATE $2,000,000
G ENT AGGREGATE LI MIT APPLIES PER: PRODUCTS-COMP/OPAGG $2,000 ,000
POLICY X PRO-
JECT LOC
A AUTOMOBILE LIABILITY CAP3159732 02/28/03 02/28/04 COMBINED SINGLE LIMIT
X ANYAUTO (EaaccidenI) $1,000,000
ALL OWNED AUTOS
BODILY INJURY $
SCHEDULED AUTOS (Per person)
_X HIRED AUTOS
BODILY INJURY $
X NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
(Per accident)
ri,,
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANYAUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
B EXCESS LIABILITY P2HN020410 02/28/03 02/28/04 EACH OCCURRENCE $3,000,000
X OCCUR CLAIMS MADE Umbrella Liability AGGREGATE $3,000,000
$
DEDUCTIBLE $
X RETENTION $10000 $
C WORKERS COMPENSATION AND TSF0001096672 02/28/03 02/28/04 X ORYLIMITS Si
EMPLOYERS'LIABILITY
EL.EACH ACCIDENT $1,000,000
EL.DISEASE-EA EMPLOYEE $1,000,000
EL.DISEASE-POLICY LIMIT $1,000,000
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
RE: Corrigan Subdivision Drainage Improvement Contract No. 1
Corrigan Ditch By-Pass Channel City of Pearland
City of Pearland (Owner) their agents & employees are named as additional -
insured as respects to General Liability & Automobile as required by
(See Attached Descriptions)
CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: _ CANCELLATION
SHOULDANYOFTH EABOVEDESCRIBED POLICIES BECANCELLED BEFORETHE EXPIRATION
City of Pearland DATETHEREOF THEISSUING INSURER WILL ENDEAVOR TO MAILS 0 DAYS WRITTEN
rCity Hall NOTICETOTHE CERTIFICATE HOLDER NAMED TO THE LEFT,BUTFAILURE TO DOSOSHALL
's'519 Liberty Drive IMPOSE NO OBLIGATION OR LIABILITY OF ANYKIND UPON TH EINSURER,ITS AGENTS OR
_'earland, TX 77581 REPRESENTATIVES.
IAUTHSRIZEDREPRESE TATIVE
ACORD 25-S(7/97)1 o f 3 #S 7 4 4 0 2/M 7 0 8 4 6 DLK 0 ACORD CORPORATION 1988
SAGIFAX 1/16/104 11:22AM INSUREPOINTEOF TEXAS,INC. PAGE 3
a i;iiPTION fan#�nued it m Race 1)
written contract. Turner Collie & Braden, Inc. (Engineers) are named as
additional insured by specific endorsement as respects to General
Liability and on Automobile as required by written contract.
)7"-Waiver of subrogation provided on Worker' s Compensation, General Liability
& Automobile as required by written contract in favor of City of Pearland
AMS25.3(07/97) 3 of 3 #S74402/M70846
SAGIFAX 1/16/104 11:22AM INSUREPOINTEOF TEXAS,INC. PAGE 2
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer,and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD25-S(7/97)2 of 3 #S74402/M70846
CITY OF PEARLAND GENERAL CONDITIONS
SECTION 00070
GENERAL CONDITIONS OF AGREEMENT
TABLE OF CONTENTS
Page
No.
1. DEFINITIONS AND INTERPRETATIONS 1
1.01 Owner, Contractor and Engineer 1
1.02 Contract Documents 1
1.03 Subcontractor 1
1.04 Written Notice 1
1.05 Work 2
1.06 Extra Work 2
1.07 Working Day 2
1.08 Calendar Day 2
1.09 Substantially Completed 2
1.10 Interpretation of Words and Phrases 2
r‘\'' 1.11 Referenced Standards 3
1.12 Special Conditions 3
2. RIGHTS AND RESPONSIBILITIES OF THE OWNER 3
2.01 Adequacy of Design 3
2.02 Right of Entry 3
2.03 Ownership of Drawings 3
2.04 Changes and Alterations 4
2.05 Damages 4
3. RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 4
3.01 Owner-Engineer Relationship 4
3.02 Keeping of Plans and Specifications Accessible 5
3.03 Preliminary Approval 5
3.04 Inspection by Engineer 5
3.05 Determination of Questions and Disputes 6
3.06 Objections 6
3.07 Recommendation of Payment 6
Cib's
4/00 00700-i
CITY OF PEARLAND GENERAL CONDITIONS
4. RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 7
4.01 Independent Contractor 7
4.02 Contractor's Understanding 7
4.03 Laws and Ordinances 7
4.04 Assignment and Subletting 8
4.05 Performance and Payment Bonds 8
4.06 Insurance 8
4.07 Certificate of Insurance 10
4.08 Permits and Fees 11
4.09 Texas State Sales Tax 11
4.10 Contractor's Duty and Superintendence 11
4.11 Character of Workers 11
4.12 Labor, Equipment, Materials, Construction Plant and Buildings 12
4.13 Sanitation 12
4.14 Cleaning and Maintenance 12
4.15 Performance of Work 12
4.16 Right of Owner to Modify Methods and Equipment 13
4.17 Layout of Work 13
4.18 Shop Drawings 13
4.19 Engineer-Contractor Relationship; Observations 14
4.20 Observation and Testing 14
4.21 Defects and Their Remedies 15
4.22 Liability for Proper Performance 15
4.23 Protection Against Accident To Employees and the Public 16
4.24 Protection of Adjoining Property 16
4.25 Protection against Claims of Subcontractors, Laborers,Materialmen and
Furnishers of Machinery and Supplies 17
4.26 Protection Against Royalties or Patented Invention 17
4.27 Indemnification 17
4.28 Losses From Natural Causes 18
4.29 Guarantee 19
5. PROSECUTION AND PROGRESS 19
5.01 Time and Order of Completion 19
5.02 Extension of Time 19
5.03 Hindrances and Delays 20
5.04 Liquidated Damages for Delay 20
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CITY OF PEARLAND GENERAL CONDITIONS
6. MEASUREMENT AND PAYMENT 21
6.01 Discrepancies and Omissions 21
6.02 Quantities and Measurements 21
6.03 Estimated Quantities 21
6.04 Price of Work 21
6.05 Payments 22
6.06 Partial Payments 22
6.07 Use of Completed Portions 23
6.08 Final Completion and Acceptance 23
6.09 Final Payment 24
6.10 Correction of Work Before Final Payment 24
6.11 Correction of Work After Final Payment 24
6.12 Payments Withheld 25
6.13 Delayed Payments 25
7. EXTRA WORK AND CLAIMS 26
7.01 Change Orders 26
7.02 Minor Changes 26
rk.'' 7.03 Extra Work 26
7.04 Time of Filing Claims 28
8. . ABANDONMENT OF CONTRACT 28
8.01 Abandonment by Contractor 28
8.02 Abandonment by Owner 30
9. ARBITRATION 31
9.01 Arbitration 31
ATTACHMENT NO. 1 - WORKERS' COMPENSATION INSURANCE COVERAGE Al
ATTACHMENT NO. 2 - AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S
SWORN RELEASE BI
($1.6\ 4/00 00700-iii
CITY OF PEARLAND GENERAL CONDITIONS
Celb SECTION 00700
GENERAL CONDITIONS OF AGREEMENT
1.0 DEFINITIONS AND INTERPRETATION
1.01 OWNER, CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOR,
and the ENGINEER are those persons or organizations identified as such in the Agreement. The
term ENGINEER means a person authorized to act as a representative of the entity designated by the
OWNER to provide engineering services required in connection with the preparation and
performance of this Contract.
1.02 CONTRACT DOCUMENTS. The contract documents shall consist of all of the
documents contained, assembled and bound with these General Conditions of Agreement, including,
whether or not labeled as such,Notice to Bidders (Advertisement), General Instructions to Bidders,
Proposal, Addenda, signed Agreement, Performance and Payment Bonds (if required), Special Bonds
(when required), General Conditions of Agreement, Special Conditions of Agreement(if any),
Insurance Certificate, Technical Specifications,Plans and all modifications thereof incorporated in
any of the documents before the execution of the Agreement, and any other document,whether or
not labeled,which shall become a part of the set of documents bound together with the General
Conditions of Agreement.
(111.\,
The contract documents are complementary, and what is called for by anyone shall be as binding as
if called for by all. Any conflicts between any of the contract documents shall be resolved first by
reference to these General Conditions of Agreement; and in the event the General Conditions of
Agreement do not address such conflict, then the designated ENGINEER shall resolve any conflict
by a written interpretation, copies of which shall be forwarded to all parties to the Contract, and the
original shall be attached to and shall become a part of these General Conditions of Agreement and
thus a part of the contract documents.
1.03 SUBCONTRACTOR. The term"subcontractor," as employed herein,includes only
those having a direct contract with the CONTRACTOR for performance of work on the project
contemplated by these contract documents. OWNER shall have no responsibility to any
subcontractor employed by CONTRACTOR for performance of work on the project contemplated by
these contract documents, and any such subcontractor shall look exclusively to CONTRACTOR for
any payments due subcontractor.
1.04 WRITTEN NOTICE. Written Notice shall be deemed to have been duly served if
delivered in person to the individual or to a member of the firm or to an officer of the corporation for
whom it is intended, or if delivered at or sent by Certified Mail, Return Receipt Requested, to the last
known business address or registered office of such individual, firm or corporation.
4/00 00700-1
CITY OF PEARLAND GENERAL CONDITIONS
1.05 WORK. Unless otherwise stipulated, the CONTRACTOR shall provide and pay for
all materials, supplies,machinery, equipment, tools, superintendence, labor, services,insurance, and
all water, light,power, fuel, transportation, and all other facilities or services of any nature
whatsoever necessary for the execution and completion of the work covered by the contract
documents. Unless otherwise specified, all materials shall be new, and both workmanship and
materials shall be of good quality. The CONTRACTOR shall, if required by the ENGINEER as
representative of the OWNER, furnish satisfactory evidence as to the kind and quality of materials.
Materials or work described in words which so applied have well-known, technical or trade meaning
shall be held to refer to such recognized standards. All work shall be done and all materials shall be
furnished in strict conformity with the contract documents.
1.06 EXTRA WORK. The term"Extra Work," as used in this Contract, shall be
understood to mean and include all work that may be required by the ENGINEER as representative
of the OWNER, to be done by the CONTRACTOR to accomplish any change, alteration or addition
to the work shown upon the plans or reasonably implied by the specifications, and which shall,prior
to the commencement of such work,be authorized in writing by the ENGINEER.
1.07 WORKING DAY. A"working day"is defined as any day not including Saturdays,
Sundays or any legal holidays, in which weather or other conditions not under the control of the
CONTRACTOR,will permit construction of the principal units of the work for a period of not less
(1111 than seven(7)hours between 7:00 a.m. and 6:00 p.m.
1.08 CALENDAR DAY. A"calendar day"is any day of the week or month,no days being
excepted.
1.09 SUBSTANTIALLY COMPLETED. The term "substantially completed,"as used in
this Contract,means that the structure or project contemplated by the contract documents has been
made suitable for use or occupancy or the facility is in a condition to serve its intended purpose,but
shall require minor miscellaneous work and adjustment.
1.10 INTERPRETATION OF WORDS AND PHRASES. Whenever the words"directed,"
"permitted," "designated," "required," "considered necessary," "prescribed," or words of like import
are used, it shall be understood that the direction,requirement,permission, order, designation or
prescription of the ENGINEER as the OWNER's representative is intended. Similarly,the words
"approved," "acceptable," "satisfactory," or words of like import shall mean that no exception is
taken,but does not relieve CONTRACTOR of responsibility for performance of project
requirements.
Whenever in the Specifications or drawings accompanying this Agreement, the terms of description
of various qualities relative to finish,workmanship or other qualities of similar kind which cannot,
from their nature,be specifically and clearly described and specified,but are necessarily described in
general terms, the fulfillment of which must depend on individual judgment,then, in all such cases,
4/00 00700-2
CITY OF PEARLAND GENERAL CONDITIONS
any question of the fulfillment of said Specifications shall be decided by the ENGINEER as the
OWNER's representative, and said work shall be done in accordance with his interpretations of the
meaning of the words, terms or clauses defining the character of the work.
1.11 REFERENCED STANDARDS. No provision of any referenced standard
specification, or manual shall be effective to change the duties and responsibilities of the Owner,
Engineer, Contractor, or their consultants, employees, or representatives from those set forth in the
Contract Documents, nor shall it be effective to assign to the Engineer or its consultants, employees,
or representatives any duty or authority to supervise or direct the furnishing or performance of the
Work or any duty or authority to undertake responsibilities contrary to provisions of the Contract
Documents.
1.12 SPECIAL CONDITIONS. In the event special conditions are contained herein as part
of the contract documents and said special conditions conflict with any of the general conditions
contained in this Contract, then in such event the special conditions shall control.
2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER
2.01 ADEQUACY OF DESIGN. It is understood that the OWNER believes it has
employed competent engineers and/or designers. It is,therefore, agreed that the OWNER shall be
C"/".
responsible for the adequacy of the design, sufficiency of the contract documents, the safety of the
structure and the practicability of the operations of the completed project,provided that the
CONTRACTOR has complied with the requirements of the said contract documents, all approved
modifications thereof and additions and alterations thereto approved in writing by the OWNER. The
burden of proof of such compliance shall be upon the CONTRACTOR to show that he has complied
with the requirements of the contract documents and approved modifications thereof and all
approved additions and alterations,thereto, as the same shall have been interpreted by the
ENGINEER.
2.02 RIGHT OF ENTRY. The OWNER reserves the right to enter the property or location
on which the work herein contracted for is to be constructed or installed, for itself or such agent or
agents as it may select, for the purpose of inspecting the work, or for the purpose of constructing or
installing such collateral work as the OWNER may desire. The OWNER shall have the right to
make inspections at all reasonable times, and the CONTRACTOR shall have no cause to complain if
his work shall be delayed by reason of such inspection, construction or installation of collateral
work.
2.03 OWNERSHIP OF DRAWINGS. All drawings, specifications and copies thereof
furnished by the OWNER shall not be reused on other work and, with the exception of the sets
forming the part of the signed contract documents, are to be returned to the OWNER on request at
the completion of the work. All drawings and models are the property of the OWNER.
4/00 00700-3
CITY OF PEARLAND GENERAL CONDITIONS
2.04 CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that the
Owner may make such changes and alterations as the OWNER may see fit, in the line, grade, form,
dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or
after the beginning of construction,without affecting the validity of this Contract and the
accompanying Performance and Payment Bonds.
If such changes or alterations diminish the quantity of the work to be done,they shall not constitute
the basis for a claim for damages or anticipated profits on the work that may be dispensed with. If
the amount of work is increased and the work can fairly be classified under the specifications, such
increase shall be paid for according to the quantity actually done and at the unit price, if any,
established for such work under this Contract, except as hereinafter provided for unit price items
under Article 6 of this Contract; otherwise, such additional work shall be paid for as provided under
Article 7 hereof for Extra Work. In case the OWNER shall make such changes or alterations as
shall make useless any work already done or material already furnished or used in said work, then the
OWNER shall compensate the CONTRACTOR for any material or labor so used and for any actual
loss occasioned by such change due to actual expenses incurred in preparation for the work as
originally planned.
2.05 DAMAGES. In the event the CONTRACTOR is damaged in the course of the
completion of the work by the act,negligence, omission,mistake,or default of the OWNER, thereby
causing loss to the CONTRACTOR, the OWNER agrees that he will reimburse the CONTRACTOR
for such loss. In the event the OWNER is damaged in the course of the work by the act,negligence,
omission,mistake or default of the CONTRACTOR, or should the CONTRACTOR unreasonably
delay the progress of the work being done by others on the job so as to cause loss for which the
OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss.
3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER
3.01 OWNER-ENGINEER RELATIONSHIP. The ENGINEER shall serve as the
OWNER's representative during construction. The duties, responsibilities, and limitations on the
authority of the ENGINEER as the OWNER's representative during construction are set forth in the
contract documents; and the ENGINEER shall not have authority to extend the OWNER's liability
or to bind the OWNER for any additional liability of any nature whatsoever without the written
consent of the OWNER. The ENGINEER shall advise the OWNER as to the progress of the work,
and any instructions by the OWNER to the CONTRACTOR shall be issued through the
ENGINEER.
It is the intent of this Agreement that there shall be no delay in the execution of the work; therefore,
written decisions or directions rendered by the ENGINEER as the OWNER's representative shall be
promptly carried out, and any claim arising therefrom shall be adjusted as hereinafter provided.
Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the
(lb\ ENGINEER shall review all work included herein and shall have the authority to issue written stop
4/00 00700-4
CITY OF PEARLAND GENERAL CONDITIONS
work orders whenever such stoppage maybe necessary to insure the proper execution of this
Contract.
3.02 KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE. The ENGINEER
shall furnish the CONTRACTOR with an adequate and reasonable number of copies of all Plans and
Specifications without expense to the CONTRACTOR, and the CONTRACTOR shall keep one
copy of the same constantly accessible on the job site, with the latest revisions noted thereon. The
CONTRACTOR shall be responsible for preserving the Plans and Specifications for reference and
review by the OWNER or the ENGINEER.
3.03 PRELIMINARY APPROVAL. The ENGINEER shall not have the power to waive
the obligations imposed under this Contract for the furnishing by the CONTRACTOR of good
material, and for performing good work as herein described, and in full accordance with the Plans
and Specifications,without alteration,deletion or change. No failure or omission of the ENGINEER
to discover, object to or condemn any defective work or material shall release the CONTRACTOR
from the obligation to fully and properly perform the Contract, including without limitation, the
obligation to at once tear out, remove and properly replace any defective work or material at any time
prior to final acceptance,upon discovery of such defective work or material; provided,however,that
the ENGINEER shall, upon request of the CONTRACTOR, inspect and accept or reject any material
furnished, and in the event the material has been once accepted by the ENGINEER, such acceptance
shall be binding on the OWNER, unless it can be clearly shown that such material furnished does not
`' meet the specifications for this work.
Any questioned work may be ordered taken up or removed for re-examination by the ENGINEER
prior to final acceptance, and if found not to be in accordance with the specifications for said work,
all expense of removing, re-examination and replacement shall be borne by the CONTRACTOR;
otherwise the expense thus incurred shall be allowed as Extra Work and shall be paid for by the
OWNER,provided that where inspection or approval is specifically required by the Specifications
prior to performance of certain work, should the CONTRACTOR proceed with such work without
requesting prior inspection or approval,he shall bear all expense of taking up,removing and
replacing this work if so directed by the ENGINEER.
3.04 INSPECTION BY ENGINEER. The ENGINEER shall make periodic visits to the site
to observe the progress and quality of the executed work and to determine if such work generally
meets the essential performance and design features and the technical, functional and/or engineering
requirements of the contract documents, and is in all other respects being performed in compliance
with the contract documents. However, the ENGINEER shall not be responsible for making any
detailed, exhaustive, comprehensive or continuous on-site inspections to check the quality and/or
quantity of the work,nor shall the ENGINEER be in any way responsible, directly or indirectly, for
the construction means,methods, techniques, sequences, quality,procedures, programs, safety
precautions or lack of same incident to the work being performed or any part thereof The
ENGINEER shall use reasonable care to prevent deviation from the intent and substance of the
4/00
00700-5
CITY OF PEARLAND GENERAL CONDITIONS
contract documents by the CONTRACTOR in the performance of the work and any part thereof and,
on the basis of such on-site observations,will keep the OWNER informed of the progress of the
work and will endeavor to guard the OWNER against defects and deficiencies in the work of the
CONTRACTOR. Notwithstanding any other provision of this Agreement or any other contract
document, the ENGINEER shall not be in any way responsible or liable for any acts, errors,
omissions or negligence of the CONTRACTOR, any subcontractors' agents, servants or employees
or any other person, firm or corporation performing or attempting to perform any of the work.
3.05 DETERMINATION OF QUESTIONS AND DISPUTES. In order to prevent delays
and disputes and to discourage litigation, it is agreed that the ENGINEER shall, in all cases,
determine the amounts and quantities of the several kinds of work which are to be paid for under this
Contract. The ENGINEER shall determine all questions in relation to said work and the construction
thereof, as well as all claims, disputes and other matters in question between the CONTRACTOR
and the OWNER relating to the execution or progress of the work or the interpretation of the contract
documents. In the event the ENGINEER shall become aware of or shall receive information that
there is a dispute or a possible dispute as to the reasonable interpretation of the terms and conditions
of the contract documents, or any other dispute, claim or question,the ENGINEER shall,within a
reasonable time,provide a written interpretation of the contract documents or a written decision on
all claims of the parties hereto and on all questions arising relative to the execution of the work,
copies of which shall be delivered to all parties to the Contract, and the original thereof shall become
a part of the contract documents and shall be binding and final as to all parties to the Contract.
(gma ,
3.06 OBJECTIONS. In the event the ENGINEER renders any decision which, in the
opinion of either the OWNER or the CONTRACTOR, is not in accordance with the meaning and
intent of this Contract, either party may,within thirty(30) days of receipt of such decision, file its
written objection to the decision with the ENGINEER; and the ENGINEER shall,upon receipt of
such written objection and within twenty(20) days thereafter, review the same and render a written
affirmation or modification of the original interpretation,which shall become a part of the contract
documents. Either party who shall remain aggrieved after the ENGINEER has rendered his
affirmation or modification of his previous decision, shall have the right,within a period not to
exceed sixty(60) days after the ENGINEER has filed his affirmation or modification of the decision
with the District Secretary, to file suit in the District Court, seeking a declaratory judgment or other
relief to determine the intent of the contract documents. If any aggrieved party shall fail to file such
a petition with the District Court within the time specified, the decision of the ENGINEER shall
become final and binding and non-appealable.
3.07 RECOMMENDATION OF PAYMENT. The ENGINEER shall review the
CONTRACTOR's application for payment and supporting documents, shall determine the amount
owed to the CONTRACTOR and shall provide written recommendation to the OWNER for payment
to the CONTRACTOR in such amount. Such recommendation of payment to CONTRACTOR shall
constitute a representation to the OWNER of the ENGINEER's judgment that the work has
progressed to the point indicated, to the best of his knowledge, information and belief; however, such
rb\
4/00 00700-6
CITY OF PEARLAND GENERAL CONDITIONS
recommendation of an application for payment to CONTRACTOR shall not be deemed to be a
representation by the ENGINEER that any examination has been made to determine how or for what
purpose CONTRACTOR has used the monies paid on account of the contract price. As a condition
of final payment, the CONTRACTOR shall execute an Agreement for Final Payment and
Contractor's Sworn Release, in a form as included herein and made a part of these contract
documents, being its agreement to accept the amount recommended by the ENGINEER as full
payment for the work that has been completed as set out in the CONTRACTOR's application for
payment and supporting data.
4.0 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR
4.01 INDEPENDENT CONTRACTOR. CONTRACTOR is, and shall remain, an
independent contractor, solely responsible for the manner and method of completing the work under
this Contract, with full and exclusive power and authority to direct, supervise and control his own
employees and to determine the means,method, and manner of performing such work, so long as
such methods do not adversely affect the completed improvements or any other property abutting or
adjoining the work area, the OWNER and ENGINEER being interested only in the result obtained
and conformity of such completed improvements to the Plans, Specifications and Contract. The fact
that the OWNER or ENGINEER as the Owner's representative shall have the right to observe
CONTRACTOR's work during his performance and to carry out the other prerogatives which are
expressly reserved to and vested in the OWNER and the ENGINEER hereunder, is not intended to
and shall not at any time change or affect the status of the CONTRACTOR as an independent
contractor with respect to either the OWNER or the ENGINEER as the OWNER's representative or
to the CONTRACTOR's own employees or to any other person, firm or corporation.
4.02 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the
CONTRACTOR has,by careful examination, satisfied himself as to the nature and location of the
work,the conformation of the ground, the character, quality, and quantity of the materials to be
encountered, the character of equipment and facilities needed preliminary to and during the
prosecution of the work, the general and local conditions, and all other matters which in any way
affect the work under this Contract. It is further understood that the CONTRACTOR has satisfied
himself as to the terms, meaning and intent of all of the contract documents and understands the
meanings of all parts of such documents or other factors affecting the work, which were not
previously understood. No verbal agreement or conversation with any officer, agent or employee of
the OWNER or the ENGINEER, either before or after the execution of this Contract, shall affect or
modify any of the terms or obligations herein contained.
4.03 LAWS AND ORDINANCES. The CONTRACTOR shall at all times observe and
comply with all federal, state or local laws, ordinances and regulations, regardless of whether the
same are adopted before or after the execution of this Contract,which in any manner affect the
Contract or the work, and shall indemnify, save and hold harmless the OWNER and the ENGINEER
against any claim arising out of the violation of any such laws, ordinances, and regulations,whether
(1**\
4/00 00700-7
CITY OF PEARLAND GENERAL CONDITIONS
by the CONTRACTOR or his employees. If the CONTRACTOR observes that the Plans and
Specifications are at variance with federal or state laws or the ordinances or regulations of the City,
he shall promptly notify the ENGINEER in writing, and any necessary changes shall be made as
provided in the Contract for changes in the work. If the CONTRACTOR performs any work
knowing it to be contrary to such laws, ordinances,rules and regulations, and without such notice to
the ENGINEER, he shall bear all costs arising there from.
The OWNER is a Political Subdivision of the State of Texas, and the law from which it derives its
powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions
under which the OWNER may enter into contracts, shall be controlling and shall be considered as
part of this Contract to the same effect as though embodied herein. The Code of Ordinances and
other applicable regulations of the OWNER shall be deemed to be embodied in this Contract.
4.04 ASSIGNMENT AND SUBLETTING. The CONTRACTOR further agrees that he
will retain personal control and will give his personal attention to the fulfillment of this Contract and
that he will not assign,by power of attorney or otherwise, or sublet said Contract without the written
consent of the ENGINEER, and that no part or feature of the work will be sublet to anyone
objectionable to the ENGINEER or the OWNER. In addition, the OWNER reserves the right to
disapprove the subletting of this Contract or any portion hereof on any basis whatsoever. The
CONTRACTOR further agrees that the subletting of any portion or feature of the work or materials
CPR.' required in the performance of this Contract shall not relieve the CONTRACTOR from his
obligations to the OWNER, as provided for by this Agreement.
4.05 PERFORMANCE AND PAYMENT BONDS. In the event the contract price shall be
in excess of$25,000.00, the CONTRACTOR shall execute separate Performance and Payment
Bonds, each in the sum of one hundred percent (100%) of the total contract price, which shall be
increased at any time to cover any change orders, additives or add-ons, in accordance with the
provisions of Chapter 2253 of the Texas Government Code. If the contract price does not exceed
$25,000.00, the statutory bonds will not be required. All required bonds shall be submitted on forms
approved by the OWNER for this purpose, guaranteeing the faithful performance of the work and
fulfillment of any guarantees required, and further guaranteeing payment to all persons supplying
labor and materials or furnishing him any equipment in the execution of the Contract. It is agreed
that the Contract shall not be in effect until such Performance and Payment Bonds are furnished and
approved by the OWNER.
Each such bond shall be executed by a corporate surety or corporate sureties duly authorized to do
business in the State of Texas. The cost of the premium for the Performance and Payment Bonds
shall be included in the CONTRACTOR's Proposal.
4.06 INSURANCE. The CONTRACTOR, at his own expense, shall procure, maintain and
keep in force throughout the life of this Contract, and for one additional year, insurance as
hereinafter specified. Such insurance shall be carried with an insurance company licensed to transact
4/00
00700-8
CITY OF PEARLAND GENERAL CONDITIONS
business in the State of Texas and shall cover all operations in connection with this Contract,
whether performed by the CONTRACTOR or a subcontractor, or separate policies shall be provided
covering the operation of each subcontractor.
No policy shall be written on a"claims made"form. The OWNER,the ENGINEER, their agents
and employees shall be named as additional insureds on CONTRACTOR's Commercial General
Liability,Automobile Liability and excess or Umbrella Liability policies. OWNER may waive the
additional insured requirement under the Commercial General Liability policy if an OWNER's and
CONTRACTOR's Protective Liability policy with general aggregate limits of$2,000,000.00,with
$1,000,000.00 per occurrence limit, is provided. The contractual liability coverage in the
Commercial General Liability policy shall not be excluded.
The following insurance coverages will be carried and certified.
(1) Workers' Compensation Insurance and Employer's Liability Insurance.
Attachment No. 1 to these General Conditions contains statutory requirements for
Workers' Compensation Insurance. The Employer's Liability Insurance shall have
limits as follows:
C"\ Bodily injury by accident: $500,000
each accident.
Bodily injury by disease: $500,000
policy limit.
Bodily injury by disease: $500,000
each employee.
(2) Commercial General Liability Insurance:
Including Contractor's Protective Liability, Broad Form Property Damage, Contractual
Liability, Bodily Injury, Personal Injury, and Products and Completed Operations (for
a period of one (1) year following completion of the Work under this Agreement)
Combined single limit of$1,000,000 each occurrence,
Subject to general aggregate$2,000,000; Products and
Completed Operations, $1,000,000 aggregate
4/00 00700-9
CITY OF PEARLAND GENERAL CONDITIONS
(3) Automobile Liability Insurance:
Bodily injury per person: $250,000.
Bodily injury per accident: $500,000.
Property damage: $250,000.
Or a policy providing combined single limits of$750,000.
(4) OWNER, at its own discretion,may require an umbrella or excess limits liability
policy.
(5) All coverages shall be endorsed to waive the carrier's right of subrogation against the
OWNER.
In the event the CONTRACTOR shall fail to provide insurance as herein required, or be subject to
claim, demand or litigation growing out of or arising from a claim not contemplated herein, such
failure on the part of the CONTRACTOR shall not serve to release or in any way discharge or shift
the liability of the CONTRACTOR to the ENGINEER or OWNER; BUT THE CONTRACTOR
DOES HEREIN AGREE TO INDEMNIFY AND HOLD THE ENGINEER AND OWNER
HARMLESS FROM ANY AND ALL CLAIMS GROWING OUT OF OR ARISING BY REASON
OF ANY OF THE CIRCUMSTANCES HEREIN ENUMERATED, OR ANY OTHER CLAIMS
Clibb\ OR DEMANDS MADE BY ANY PERSON, GROWING OUT OF OR ARISING BY REASON OF
THE WORK PERFORMED BY THE CONTRACTOR.
4.07 CERTIFICATE OF INSURANCE. Within ten(10) days after notification of award of
Contract,the CONTRACTOR and each subcontractor shall submit to the OWNER for approval,
certificates of insurance covering each insurance policy carried and offered as evidence of
compliance with the above insurance requirements, signed by an authorized representative of the
insurance company, setting forth:
(1) The name and address of the insured;
(2) The location of the operations to which the insurance applies;
(3) The name of the policy and type or types of insurance in force thereunder on the date
borne by such certificate.
(4) The expiration date of the policy and the limit or limits of liability thereunder on the
date borne by such certificates.
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CITY OF PEARLAND GENERAL CONDITIONS
(5) A statement that the insurance of the type afforded by the policy applies to all of the
operations of whatever character,which are undertaken by the insured during the
performance of this Contract,provided such operations are required in the performance
of the Contract;
(6) A provision that the policy may be canceled or materially changed only by mailing
written notice to the named insured at the address shown in the policy, stating when,
not less than thirty(30) days thereafter, cancellation or change of such policy shall be
effective,with a copy of such letter of intent to the OWNER.
4.08 PERMITS AND FEES. Unless otherwise provided in the Contract Documents, the
Contractor shall secure and pay for all construction permits, licenses, and inspections necessary for
proper execution and completion of the Work and which are legally required at the time bids are
received.
4.09 TEXAS STATE SALES TAX. Materials incorporated into this project are exempt
from State Sales according to provisions of the Texas Tax Code, Chapter 151, Subsection H.
The Contractor must obtain a limited sales, excise, and use tax permit or exemption certificate which
shall enable him to buy the materials to be incorporated into the work without paying tax at the time
of purchase.
4.10 CONTRACTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall
give adequate attention to the faithful prosecution and completion of this Contract and shall keep on
the work, during its progress, a competent superintendent and any necessary assistants, all
satisfactory to the ENGINEER as the OWNER's representative. The superintendent shall represent
the CONTRACTOR in his absence and shall act as the employee or agent of the CONTRACTOR,
and all directions given to him shall be binding as if given to the CONTRACTOR. Adequate
supervision by competent and reasonable representatives of the CONTRACTOR is essential to the
proper performance of the work, and lack of such supervision shall be grounds for suspending
operations of the CONTRACTOR.
The work, from its commencement to completion, shall be under the exclusive charge and control of
the CONTRACTOR, and all risk in connection therewith shall be borne by the CONTRACTOR.
Neither the OWNER nor the ENGINEER as the OWNER's representative will be responsible for the
acts or omissions of the CONTRACTOR, its subcontractors or any of its agents or employees, or any
other persons performing any of the work.
4.11 CHARACTER OF WORKERS. The CONTRACTOR agrees to employ only orderly
and competent workers, skillful in the performance of the type of work required under this Contract,
to do the work, and agrees that whenever the ENGINEER shall inform him in writing that any
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CITY OF PEARLAND GENERAL CONDITIONS
worker or workers on the work are, in his opinion, incompetent, unfaithful or disorderly, or in the
ENGINEER's opinion, are not using their best efforts for the progress of the work, such worker or
workers shall be discharged from the work and shall not again be employed on the work without the
ENGINEER's written consent.
4.12 EQUIPMENT, MATERIALS, CONSTRUCTION PLANT AND BUILDINGS. The
CONTRACTOR shall provide all labor,tools, equipment, machinery and materials necessary in the
prosecution and completion of this Contract where it is not otherwise specifically provided that the
OWNER shall furnish same; and further, the CONTRACTOR shall be responsible for the care,
preservation, conservation, and protection of all materials, supplies, machinery, equipment, tools,
apparatus, accessories, facilities, all means of construction and any and all parts of the work,whether
the CONTRACTOR has been paid,partially paid or not paid for such work, until the entire work is
completed and accepted.
The building of structures for housing workers, or the erection of tents or other forms of protection,
will be permitted only at such places as the ENGINEER shall direct, and the sanitary conditions of
the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the
ENGINEER. Any structures of any nature constructed or erected by the CONTRACTOR for the
purposes herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper
erection or construction thereof; and the CONTRACTOR agrees to indemnify and hold the
ENGINEER or OWNER harmless from any claims of any nature whatsoever brought against either
(.1"
of them for damages allegedly sustained by anyone by reason of the erection, construction or
maintenance of CONTRACTOR's buildings.
4.13 SANITATION. Necessary sanitary conveniences for the use of laborers on the work
site,properly secluded from public observation, shall be constructed and maintained by the
CONTRACTOR in such manner and at such points as shall be approved by the ENGINEER, and
their use shall be strictly enforced. Any structures of any nature constructed or erected by the
CONTRACTOR for the purposes herein set out, shall be the sole responsibility of the
CONTRACTOR as to the proper erection or construction thereof, and the CONTRACTOR agrees to
indemnify and hold the ENGINEER or OWNER harmless from any claims of any nature whatsoever
brought against either of them for damages allegedly sustained by anyone by reason of the erection,
construction or maintenance of CONTRACTOR's buildings.
4.14 CLEANING AND MAINTENANCE. The CONTRACTOR shall at all times keep
and maintain the premises free from accumulation of debris caused by the work, and at the
completion of the work,he shall remove all such debris and also his tools, scaffolding and surplus
materials and shall leave the work broom-clean or its equivalent. The work shall be left in good
order and condition. In case of dispute, the OWNER may remove the debris and charge the cost to
the CONTRACTOR.
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CITY OF PEARLAND GENERAL CONDITIONS
4.15 PERFORMANCE OF WORK. It is further agreed that it is the intent of this Contract
that all work must be done and all material must be furnished in accordance with the generally
accepted practice for such materials furnished or work completed.
4.16 RIGHT OF OWNER TO MODIFY METHODS AND EQUIPMENT. If at any time
the methods or equipment used by the CONTRACTOR are found to be inadequate to secure rate of
progress required under this Contract, the OWNER or the ENGINEER as the OWNER's
representative may order the CONTRACTOR in writing to improve their efficiency, and the
CONTRACTOR shall comply with such order.
If at any time the working force of the CONTRACTOR is inadequate for securing the progress
herein specified, the CONTRACTOR shall, if so ordered in writing, increase his force or equipment,
or both,to such an extent as to give reasonable assurance of compliance with the schedule of
progress.
4.17 LAYOUT OF WORK. Except as specifically provided herein, the CONTRACTOR
shall be responsible for laying out work and shall accomplish this work in a manner acceptable to the
ENGINEER.
4.18 SHOP DRAWINGS. The CONTRACTOR shall submit to the ENGINEER,
with such promptness as to cause no delay in his own work or in that of any other contractor,
six (6) checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules
required for the work of the various trades. Contractor will check and approve shop drawings for
compliance with requirements of Contract and will so certify by stamp on each drawing prior to
submittal to ENGINEER. Any drawings submitted without Contractor's stamp of approval will not
be considered and will be returned to him for proper submission. The ENGINEER shall pass upon
them with reasonable promptness, indicating desired corrections.
The CONTRACTOR shall make any corrections required by the ENGINEER, file with him
two (2)corrected copies and furnish such other copies as may be needed. The ENGINEER's
approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for
deviations from drawings or specifications,unless he has, in writing, called the ENGINEER's
attention to such deviations at the time of the submission, and the ENGINEER has acknowledged
such deviations in writing,nor shall it relieve him from responsibility for errors of any sort in shop
drawings or schedules. It shall be the CONTRACTOR's responsibility to fully and completely
review all shop drawings to ascertain their effect on his ability to perform the required contract work
in accordance with the Plans and Specifications and within the contract time.
Such review by the ENGINEER shall be for the sole purpose of determining the sufficiency of said
drawings or schedules to result in finished improvements in conformity with the Plans and
Specifications, and shall not relieve the CONTRACTOR of his duty as an independent contractor as
previously set forth, it being expressly understood and agreed that the ENGINEER does not assume
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("\ CITY OF PEARLAND GENERAL CONDITIONS
any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or
methods reflected thereby, in relation to the safety of either person or property during
CONTRACTOR's performance hereunder, and any action taken by the ENGINEER shall not relieve
the CONTRACTOR of his responsibility and liability, as set out in the contract documents.
4.19 ENGINEER-CONTRACTOR RELATIONSHIP; OBSERVATIONS. It is agreed by
the CONTRACTOR that the ENGINEER, as the OWNER's representative, shall be and is hereby
authorized to appoint such subordinate engineers, supervisors or observers as the said ENGINEER
may from time to time deem proper to observe the materials furnished and the work done under this
Agreement, and to see that said material is furnished and said work is done in accordance with the
specifications therefor. The CONTRACTOR shall furnish all reasonable aid and assistance required
by the subordinate engineers, supervisors, or observers for the proper observation and examination of
the work. The CONTRACTOR shall regard and obey the directions and instructions of any
subordinate engineers or observers so appointed,when such directions and instructions are consistent
with the obligations of this Agreement and accompanying Plans and Specifications,provided,
however, should the CONTRACTOR object to any orders by any subordinate engineer or observer,
the CONTRACTOR may, within six (6) days,make written appeal to the ENGINEER for his
decision.
4.20 OBSERVATION AND TESTING. The OWNER or the ENGINEER as the
OWNER's representative shall have the right at all reasonable times to observe and test the work.
The CONTRACTOR shall make all necessary arrangements and provide proper facilities and access
for such observation and testing at any location wherever work is in preparation or progress. The
CONTRACTOR shall ascertain the scope of any observation which may be contemplated by the
OWNER or the ENGINEER and shall give ample notice as to the time each part of the work will be
ready for such observation. The OWNER or the ENGINEER may reject any work found to be
defective or not in accordance with the contract documents, regardless of the stage of its completion
or the time or place of discovery of such errors, and regardless of whether the ENGINEER has
previously accepted the work through oversight or otherwise. If any work is covered without
approval or consent of the OWNER, it must, if requested by the OWNER or the ENGINEER,be
uncovered for examination, at the sole expense of the CONTRACTOR. In the event that any part of
the work is being fabricated or manufactured at a location where it is not convenient for the OWNER
or the ENGINEER to make observations of such work or require testing of said work,then in such
event,the OWNER or the ENGINEER may require the CONTRACTOR to furnish the OWNER or
the ENGINEER with certificates of inspection,testing, or approval made by persons competent to
perform such tasks at the location where that part of the work is being manufactured or fabricated.
All such tests will be in accordance with the methods prescribed by the American Society for Testing
and Materials or such other applicable organization as may be required by law or the contract
documents.
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CITY OF PEARLAND GENERAL CONDITIONS
If any work which is required to be inspected, tested or approved is covered up without written
approval or consent of the OWNER or the ENGINEER, it must, if requested by the OWNER or the
ENGINEER, be uncovered for observation and testing, at the sole expense of the CONTRACTOR.
The cost of all such inspections, tests, and approvals shall be borne by the CONTRACTOR unless
otherwise provided herein. Any work which fails to meet the requirements of such tests, inspections,
or approval, and any work which meets the requirements of any such tests or approval but does not
meet the requirements of the contract documents shall be considered defective. Such defective work
shall be corrected at the CONTRACTOR's expense.
Neither observations by the OWNER or by the ENGINEER,nor inspections, tests, or approvals
made by the OWNER, the ENGINEER, or other persons authorized under this Agreement to make
such inspections, tests, or approvals, shall relieve the CONTRACTOR from his obligation to
perform the work in accordance with the requirements of the contract documents.
4.21 DEFECTS AND THEIR REMEDIES. It is further agreed that if the work or any part
thereof,or any material brought on the site of the work for use in the work or selected for the same,
shall be deemed by the ENGINEER as unsuitable or not in conformity with the Plans and
Specifications, the CONTRACTOR shall, after receipt of written notice thereof from the
ENGINEER, forthwith remove such material and rebuild or otherwise remedy such work so that it
shall be in full accordance with this Contract. It is further agreed that any such remedial action
contemplated herein shall be at CONTRACTOR's expense.
4.22 LIABILITY FOR PROPER PERFORMANCE. Engineering construction drawings
and specifications, as well as any additional instructions and information concerning the work to be
performed,passing from or through the ENGINEER, shall not be interpreted as requiring or allowing
the CONTRACTOR to deviate from the Plans and Specifications contained as a part of the contract
documents,the intent of such drawings, specifications, and any other such instructions being to
define with particularity the agreement of the parties as to work the CONTRACTOR is to perform.
CONTRACTOR shall be fully and completely liable and contractually bound, at his own expense,
for design, construction, installation and use or non-use of all items and methods instant to the
performance of the Contract, including,without limitation,the adequacy of all temporary supports,
shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, similar items,
or devices used by him during construction, and work performed either directly or incident to
construction, and for all loss, damage, or injury incident thereto, either to person or property,whether
such damage be suffered by the ENGINEER, the OWNER, or any other person not a party to this
Contract.
Any review of work in progress or any visit or observation during construction, or any clarification
of Plans and Specifications by the ENGINEER or the OWNER, or any agent, employee or
representative of either of them,whether through personal observation on the project site or by
means of approval of shop drawings for construction or construction processes, or by other means or
methods, is agreed by the CONTRACTOR to be for the purpose of observing the extent and nature
4/00 00700-15
CITY OF PEARLAND GENERAL CONDITIONS
of work completed or being performed, as measured against the drawings and specifications which
are part of the Contract, or for the purpose of enabling the CONTRACTOR to more fully understand
the Plans and Specifications so that the completed construction work will conform thereto, and shall
in no way relieve the CONTRACTOR from full and complete responsibility for proper performance
of his work on the project, including,without limitation, the propriety of means and methods of the
CONTRACTOR in performing said Contract, and the adequacy of any designs, plans or other
facilities for accomplishing such performance. Any action by the ENGINEER or the OWNER in
visiting or observing during construction, or any clarification of Plans and Specifications shall not
constitute a waiver of CONTRACTOR's liability for damages as herein set out. Deviation by the
CONTRACTOR from Plans and Specifications, whether called to the CONTRACTOR's attention or
not, shall in no way relieve CONTRACTOR from his responsibility to complete all work in
accordance with said Plans and Specifications, and further shall not relieve CONTRACTOR of his
liability for loss, damage or injury as herein set out.
4.23 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC. The
CONTRACTOR shall take out and procure a policy or policies of Workers' Compensation Insurance
with an insurance company licensed to transact business in the State of Texas, which policy shall
comply with the Workers' Compensation laws of the State of Texas. The CONTRACTOR shall at
all times exercise reasonable precautions for the safety of employees and others on or near the work
and shall comply with all applicable provisions of federal, state, and municipal laws and building and
construction codes. All machinery and equipment and other physical hazards shall be guarded in
accordance with the"Manual of Accident Prevention in Construction" of the Associated General
Contractors of America, except where incompatible with federal, state or municipal laws or
regulations. The CONTRACTOR shall provide such machinery guards, safe walkways, ladders,
bridges, gangplanks,and other safety devices.
All accidents or injuries to CONTRACTOR's employees working on the job site must be reported to
the ENGINEER immediately.
The safety precautions actually taken and their adequacy shall be the sole responsibility of the
CONTRACTOR, in his sole discretion as an independent contractor. Inclusion of this paragraph in
the Agreement, as well as any notice which may be given by the OWNER or the ENGINEER as the
OWNER'S representative concerning omissions under this paragraph as the work progresses, are
intended as reminders to the CONTRACTOR of his duty and shall not be construed as any
assumption of duty to supervise safety precautions by either the CONTRACTOR or any of his
subcontractors.
4.24 PROTECTION OF ADJOINING PROPERTY. The CONTRACTOR shall employ
proper means to protect the adjacent or adjoining property or properties in any way encountered,
which might be injured or seriously affected by any process of construction to be undertaken under
this Agreement, from any damage or injury by reason of said process of construction; and he shall be
liable for any and all claims for such damage on account of his failure to fully protect all adjoining
Clik\
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CITY OF PEARLAND GENERAL CONDITIONS
(1.1: property. THE CONTRACTOR AGREES TO INDEMNIFY, SAVE AND HOLD HARMLESS
THE OWNER AND ENGINEER AGAINST ANY CLAIM OR CLAIMS FOR DAMAGES DUE
TO ANY INJURY TO ANY ADJACENT OR ADJOINING PROPERTY, ARISING OR
GROWING OUT OF THE PERFORMANCE OF THE CONTRACT.
4.25 PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS,
MATERIALMEN, AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES.
THE CONTRACTOR AGREES THAT HE WILL INDEMNIFY, SAVE,AND HOLD THE
OWNER AND THE ENGINEER HARMLESS FROM ALL CLAIMS GROWING OUT OF THE
LAWFUL DEMANDS OF SUBCONTRACTORS, LABORERS, WORKERS, MECHANICS,
MATERIALMEN,AND FURNISHERS OF MACHINERY AND PARTS THEREOF,
EQUIPMENT, POWER TOOLS AND ALL SUPPLIES, INCLUDING COMMISSARY,
INCURRED IN THE FURTHERANCE OF THE PERFORMANCE OF THIS CONTRACT. When
so desired by the OWNER,the CONTRACTOR shall furnish satisfactory evidence that all
obligations of the nature hereinabove designated have been paid, discharged or waived.
If the CONTRACTOR fails to do so, then the OWNER may, at the option of the OWNER, either pay
directly any unpaid bills of which the OWNER has written notice, or withhold from the
CONTRACTOR's unpaid compensation a sum of money deemed reasonably sufficient to liquidate
any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been
fully discharged, whereupon payments to the CONTRACTOR shall be resumed in full,in
accordance with the terms of this Contract.
Any and all communications between any parties under this paragraph shall be in writing.
4.26 PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION. The
CONTRACTOR shall pay all royalties and license fees and shall provide for the use of any design,
device,material or process covered by letters patent or copyright, by suitable legal agreement with
the patentee or owner thereof. THE CONTRACTOR SHALL DEFEND ALL SUITS OR CLAIMS
FOR INFRINGEMENT OF ANY PATENT OR COPYRIGHT AND SHALL INDEMNIFY, SAVE,
AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY LOSS ON
ACCOUNT THEREOF, EXCEPT THAT THE OWNER SHALL DEFEND ALL SUCH SUITS
AND CLAIMS AND SHALL BE RESPONSIBLE FOR ALL SUCH LOSS WHEN A
PARTICULAR DESIGN, DEVICE,MATERIAL, OR PROCESS OR THE PRODUCT OF A
PARTICULAR MANUFACTURER OR MANUFACTURERS IS SPECIFIED OR REQUIRED BY
THE OWNER; PROVIDED,HOWEVER, IF CHOICE OF ALTERNATE DESIGN, DEVICE,
MATERIAL OR PROCESS IS ALLOWED TO THE CONTRACTOR, THEN THE
CONTRACTOR SHALL INDEMNIFY, SAVE AND HOLD THE OWNER HARMLESS FROM
ANY LOSS ON ACCOUNT THEREOF. In addition, if the material or process specified or required
by the OWNER is an infringement, the CONTRACTOR shall be responsible for such loss unless he
promptly advises the OWNER of such infringement.
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CITY OF PEARLAND GENERAL CONDITIONS
(11. ‘ 4.27 INDEMNIFICATION. The CONTRACTOR shall be solely responsible for the safety
of himself,his employees, and all other persons, as well as for the protection of the improvements
being erected and the property of himself or any other person, as a result of his operations hereunder.
THE CONTRACTOR AGREES TO INDEMNIFY AND HOLD THE ENGINEER AND THE
OWNER HARMLESS FROM ANY CLAIMS OR DEMANDS OF ANY NATURE
WHATSOEVER MADE BY ANY EMPLOYEE, EMPLOYEES,AGENTS, OR
SUBCONTRACTORS OF CONTRACTOR, OR BY ANY UNION, TRADE ASSOCIATION,
WORKERS' ASSOCIATION, OR OTHER GROUPS, ASSOCIATIONS, OR INDIVIDUALS,
ALLEGEDLY REPRESENTING EMPLOYEES OF THE CONTRACTOR, IN ANY DISPUTE
BETWEEN THE CONTRACTOR AND HIS EMPLOYEES, DIRECTLY OR INDIRECTLY
INVOLVING, GROWING OUT OF OR ARISING FROM CLAIMS BY SUCH EMPLOYEES FOR
WAGES, SALARY, WORKING CONDITIONS, OR ANY OTHER COMPLAINT OR CLAIM
WHICH MAY BE MADE.
THE CONTRACTOR,HIS SURETIES AND INSURANCE CARRIERS SHALL DEFEND,
INDEMNIFY AND HOLD HARMLESS THE OWNER AND THE ENGINEER AND THEIR
RESPECTIVE OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ALL
DAMAGES, CLAIMS, LOSSES,DEMANDS, SUITS, JUDGMENTS, AND COSTS OF ANY
CHARACTER WHATSOEVER, INCLUDING REASONABLE ATTORNEY'S FEES AND
EXPENSES, AND SHALL BE REQUIRED TO PAY ANY JUDGMENT THEREFOR, WITH
COSTS, WHICH MAY BE OBTAINED AGAINST THE OWNER AND/OR THE ENGINEER,
Cilb-\, OR ANY OF THEIR OFFICERS,AGENTS OR EMPLOYEES, ARISING OUT OF OR
RESULTING FROM THE PERFORMANCE OF THE WORK, PROVIDED THAT ANY SUCH
DAMAGES, CLAIM, LOSS, DEMAND, SUIT, JUDGMENT, COST, OR EXPENSE:
(1) IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS,DISEASE, OR DEATH
OR INJURY TO OR DESTRUCTION OF TANGIBLE PROPERTY,INCLUDING
THE LOSS OF USE RESULTING THEREFROM; AND
(2) IS CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENT ACT OR OMISSION
OF THE CONTRACTOR, ANY SUBCONTRACTOR, THEIR AGENTS OR
EMPLOYEES, OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY
ANY ONE OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY
BE LIABLE,REGARDLESS OF WHETHER OR NOT IT IS CAUSED IN PART BY
A PARTY INDEMNIFIED HEREUNDER.
The obligation of the CONTRACTOR under this Agreement shall not extend to the liability of the
ENGINEER,his agents or employees, arising out of the preparation or approval of maps, drawings,
reports, surveys, designs, or specifications, or the giving of or the failure to give directions or
instructions by the ENGINEER,his agents or employees, provided such giving or failure to give is
the primary cause of the injury or damage.
Cilia\
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CITY OF PEARLAND GENERAL CONDITIONS
4.28 LOSSES FROM NATURAL CAUSES. All loss or damage to the CONTRACTOR
arising out of the nature of the work to be done or from any unforeseen circumstances in the
prosecution of the same, or from the action of the elements, or from unusual obstructions or
difficulties which maybe encountered in the prosecution of the work, shall be sustained and borne
by the CONTRACTOR at his own cost and expense.
4.29 GUARANTEE. The CONTRACTOR shall furnish the OWNER with a written
guarantee on all workmanship and materials provided by him for the project. The written guarantee
shall be made out to the OWNER and in a form satisfactory to the OWNER's legal counsel,
guaranteeing all the work under the Contract to be free from faulty material in every particular and
free from improper workmanship; and against unusual damage from proper and usual use; and
agreeing fo replace or to re-execute without cost to the OWNER such work as may be found to be
improper or imperfect, and to make good all damages caused to other work or material, due to such
defective work or due to its required replacement or re-execution. This guarantee shall be made to
cover a period of one year from the date of acceptance of work under the Contract, as evidenced by
the OWNER's Certificate of Acceptance, of the work. Neither the Certificate of Acceptance, final
payment, nor any provision in the Contract Documents shall relieve the CONTRACTOR of the
responsibility for neglect or faulty material or workmanship during the period covered by the
guarantee. The one year period of any guarantee clauses will not limit the OWNER's other rights
under common law to have defects remedied when discovered after one year.
C"\\,
5. PROSECUTION AND PROGRESS
5.01 TIME AND ORDER OF COMPLETION. It is the meaning and intent of this
Contract,unless otherwise herein specifically provided,that the CONTRACTOR shall be allowed to
prosecute his work at such times and seasons, in such order of precedence, and in such manner as
shall be most conducive to economy of construction;provided,however,that the order and the time
of prosecution shall be such that the work shall be substantially completed as a whole and in part, in
accordance with this Contract, the Plans and Specifications, and within the time of completion
designated in the Proposal;provided, also, that when the OWNER is having other work done, either
by contract or by his own force, the ENGINEER may direct the time and manner of constructing the
work done under this Contract, so that conflict will be avoided and the construction of the various
works being done for the OWNER shall be harmonized.
The CONTRACTOR shall submit, at such times as may reasonably be requested by the ENGINEER,
schedules which shall show the order in which the CONTRACTOR proposes to carry on the work,
with dates on which the CONTRACTOR will start the several parts of the work, and estimated dates
of completion of the several parts.
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CITY OF PEARLAND GENERAL CONDITIONS
5.02 EXTENSION OF TIME. The CONTRACTOR agrees that he has submitted his
Proposal in full recognition of the time required for the completion of this project, taking into
consideration the average climatic range and industrial conditions prevailing in this locality, and has
considered the liquidated damage provisions as hereinafter set forth and that he shall not be entitled
to, nor will he request, an extension of time on this Contract, except when completion of the work
has been delayed by any act or neglect of the OWNER,the ENGINEER, or any employee of either,
by other contractors employed by the OWNER, by changes ordered in the work,by strikes, lockouts,
fires and unusual delays by common carriers,by unavoidable cause or causes beyond the
CONTRACTOR's control, or by any cause which the ENGINEER shall decide justifies the delay.
The CONTRACTOR shall give the ENGINEER prompt notice, in writing, of the cause of such
delay; and within ten(10) days after receipt of a written request for an extension of time shall from
the CONTRACTOR, supported by all requested documentation, the ENGINEER shall submit such
written request, together with his written recommendation,to the OWNER for consideration, and the
OWNER shall grant an extension of time for completing the work, sufficient to compensate for the
delay.
5.03 HINDRANCES AND DELAYS. In executing the Contract Agreement, the
CONTRACTOR agrees that in undertaking to complete the work within the time herein fixed,he has
taken into consideration and made allowances for all hindrances and delays incident to such work,
whether growing out of delays in securing material or workmen or otherwise. No claim shall be
made by the CONTRACTOR for damages resulting from hindrances or delays from any cause
during the progress of any portion of the work embraced in this Contract, except where the work is
stopped by order of the OWNER, or the ENGINEER as the OWNER's representative for the
OWNER's convenience, in which event such expense as in the judgment of the ENGINEER is
caused by such stoppage of said work shall be paid by the OWNER to the CONTRACTOR.
5.04 LIQUIDATED DAMAGES FOR DELAY. It is understood and agreed that time is of
the essence, and that the CONTRACTOR will commence said work on the date specified and will
complete said work within the time specified in the Proposal. It is expressly understood and agreed,
by and between the CONTRACTOR and the OWNER, that the time for the completion of the work
described herein is reasonable time for the completion of the same, taking into consideration the
average climatic range and conditions and usual industrial conditions prevailing in this locality. The
CONTRACTOR further agrees that a breach of this Contract as to completion on time will cause
damage to the OWNER and that such damages cannot be accurately measured or that ascertainment
will be difficult. Therefore, the parties agree that for each and every calendar day the work or any
portion thereof shall remain uncompleted after the expiration of the time limit set in the Contract or
as extended by the OWNER, the CONTRACTOR shall pay, as minimum liquidated damages, and
not as a penalty, the amount set out in the Proposal.
However, the foregoing agreement as to liquidated damages constitutes only an agreement by
the OWNER and the CONTRACTOR as to the minimum amount of damages which the OWNER
will sustain in any event by reason of the CONTRACTOR's failure to complete the work within the
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CITY OFPEARLAND GENERAL CONDITIONS
specified time. Should the OWNER suffer damage over and above the minimum amount specified,
by reason of the CONTRACTOR's failure to begin the work when ordered, carry it forward
uninterruptedly after beginning, or complete it within the specified time in strict accordance with the
Plans and Specifications, the OWNER may recover such additional amount.
The OWNER shall have the right to deduct and withhold the amount of any and all such damages
whether it be the minimum amount stipulated above or otherwise, from any monies owing by it to
said CONTRACTOR or the OWNER may recover such amount from the CONTRACTOR and the
sureties of his bond; all of such remedies shall be cumulative and the OWNER shall not be required
to elect any one nor be deemed to have made an election by proceeding to enforce any one remedy.
6. MEASUREMENT AND PAYMENT
6.01 DISCREPANCIES AND OMISSIONS. It is agreed that it is the intent of this Contract
that all work described in the Proposal,the Plans and Specifications and other contract documents, is
to be done for the prices quoted by the CONTRACTOR and that such price shall include all
appurtenances necessary to complete the work in accordance with the intent of these contract
documents as interpreted by the ENGINEER. If the CONTRACTOR finds any discrepancies or
omissions in these Plans, Specifications or contract documents, he should notify the ENGINEER and
obtain a clarification before the bids are received, and if no such request is received by the
ENGINEER prior to the opening of bids, then it shall be considered that the CONTRACTOR fully
understands the work to be included and has provided sufficient sums in his Proposal to complete the
work in accordance with these Plans and Specifications. It is further understood that any request for
clarification must be submitted no later than five (5) days prior to the opening of bids.
6.02 QUANTITIES AND MEASUREMENTS. No extra or customary measurements of
any kind will be allowed, but the actual measured and/or computed length, area, solid contents,
number and weight only shall be considered, unless otherwise specifically provided.
6.03 ESTIMATED QUANTITIES. This Agreement, including the Specifications, Plans
and estimate, is intended to show clearly all work to be done and material to be furnished hereunder.
Where the estimated quantities are shown for the various classes of work to be done and material to
be furnished under this Contract, they are approximate and are to be used only as a basis for
estimating the probable cost of the work and for comparing the proposals offered for the work. It is
understood and agreed that the actual amount of work to be done and the materials to be furnished
under this Contract may differ somewhat from the estimates and that the items listed or estimated
quantities stated shall not give rise to a claim by the CONTRACTOR against the OWNER for
compensation, unless the work shall have actually been authorized, and performed and material
supplied.
Where payment is based on the unit price method, the CONTRACTOR agrees that he will make no
claim for damages, anticipated profits or otherwise, on account of any differences which may be
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CITY OF PEARLAND GENERAL CONDITIONS
(0."`N,
found between the quantities of work actually done and the material actually furnished under this
Contract and the estimated quantities contemplated and contained in the Proposal.
6.04 PRICE OF WORK. In consideration of the furnishing of all the necessary labor,
equipment and material and the completion of all work by the CONTRACTOR, and upon the
completion of all work and the delivery of all materials embraced in this Contract in full conformity
with the specifications and stipulations herein contained, the OWNER agrees to pay to the
CONTRACTOR the prices set forth in the Proposal attached hereto,which is made a part of this
Contract, for the material actually used and services actually performed; however, the OWNER does
not assume any obligation to pay for any services or material not actually authorized and used. The
CONTRACTOR hereby agrees to receive such prices as payment in full for furnishing all materials
and all labor required for the aforesaid work, and for all expenses incurred by him, and for full
performance of the work and the whole thereof in the manner and according to this Agreement, the
attached Plans and Specifications and contract documents, and the requirements of the ENGINEER.
6.05 PAYMENTS. No payments made or certificates given shall be considered as
conclusive evidence of the performance of the Contract, either in whole or in part, nor shall any
certificate or payment be considered as acceptance of defective work. CONTRACTOR shall, at any
time requested during the progress of the work, furnish the OWNER or the ENGINEER with a
verifying certificate showing the CONTRACTOR's total outstanding indebtedness in connection
with the work. Before final payment is made,the CONTRACTOR shall satisfy the OWNER, by
affidavit or otherwise,that there are no outstanding liens against OWNER's premises by reason of
any work under the Contract. Acceptance by CONTRACTOR of final payment of the contract price
shall constitute a waiver of claims against OWNER which have not theretofore been timely filed as
provided in this Contract.
6.06 PARTIAL PAYMENTS. On or before the tenth day of each month, the
CONTRACTOR shall prepare and submit to the ENGINEER, for approval or modification, an
application for partial payment,being a statement showing as completely as practicable, the total
value of the work done by the CONTRACTOR up to and including the twenty-fifth (25th) day of the
preceding month; said statement shall also include the value of all sound materials to be fabricated
into the work and stored in accordance with manufacturer's recommendation at the Contractor's
fully secured and insured designated area. No payment will be made for materials stored until
Owner has accepted the Contractor's designated area and proof of insurance for materials stored has
been provided. The ENGINEER shall then review such statement and application for partial
payment and the progress of the work made by the CONTRACTOR and, if found to be in order,
shall prepare a certificate for partial payment and shall deliver his certifications for payment to the
OWNER and the CONTRACTOR.
The CONTRACTOR shall then,prior to payment by the OWNER, certify and attest to the
certification that he is in accord with the certification and agrees to accept the amounts set out therein
and the total set out therein for the work and for the prices contained in the certification. If the
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CITY OF PEARLAND GENERAL CONDITIONS
CONTRACTOR does not agree or desires to protest the ENGINEER's certification, the same shall
not be certified by the ENGINEER to the OWNER for payment until such dispute has been resolved,
and the CONTRACTOR agrees that any claim by the CONTRACTOR for additional compensation,
of any nature whatsoever, not contained in the ENGINEER's certification, shall be waived, and
further contracts and agrees, upon acceptance of the CONTRACTOR's payment, that this shall
constitute full and final payment for work performed by the CONTRACTOR contained in the
CONTRACTOR's statement which shall be attached to the ENGINEER's certification.
The OWNER shall then pay the CONTRACTOR,within thirty(30) days of receipt of the
ENGINEER's recommendation for payment, the total amount of the ENGINEER's Certificate of
Partial Payment, less ten percent(10%) of the amount thereof, up to and including the first
($ .00) dollars and five percent (5%) on the amount thereafter.
Such retainage shall be retained until final payment , and further less all previous payments and all
further sums that may be retained by the OWNER under the terms of this Agreement. It is
understood, however, that in case the whole work be near to completion, as certified by the
ENGINEER, and some unexpected or unusual delay occurs, through no neglect or fault on the part of
the CONTRACTOR, the OWNER may, upon written recommendation of the ENGINEER,pay a
reasonable and equitable portion of the retained percentage to the CONTRACTOR, or the
CONTRACTOR, at the OWNER's option,may be relieved of the obligation to fully complete the
work, and thereupon,the CONTRACTOR shall receive, at the OWNER's option, payment of the
balance due him under the Contract, subject only to the conditions set forth under"6.09 FINAL
PAYMENT."
The Owner at its option and in compliance with state law may reduce retainage to less than the
above-stated percentages.
6.07 USE OF COMPLETED PORTIONS. The OWNER shall have the right to take
possession of and use any completed or partially completed portions of the work,notwithstanding
that the time for completing the entire work or such portions may not have expired; but such taking
possession and use shall not be deemed an acceptance of any work not completed in accordance with
the contract documents. If such prior use increases the cost of or delays the work, the
CONTRACTOR shall be entitled to such extra compensation or extension of time, or both, as may
be determined in accordance with the provisions of this Agreement.
The CONTRACTOR shall notify the ENGINEER,by letter executed by a duly qualified officer of
CONTRACTOR,that in CONTRACTOR's opinion,the Contract is"substantially completed".
When so notifying the ENGINEER, the CONTRACTOR shall furnish to the ENGINEER, in writing,
a detailed list of unfinished work. The ENGINEER will review the CONTRACTOR's list of
unfinished work and will add thereto such items as the CONTRACTOR failed to include. The
substantial completion of the structure or facility shall not excuse the CONTRACTOR from
performing all of the work undertaken,whether of a minor or major nature, and thereby completing
the structure or facility in accordance with the contract documents.
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CITY OF PEARLAND GENERAL CONDITIONS
6.08 FINAL COMPLETION AND ACCEPTANCE. Within ten(10) days after the
CONTRACTOR has given the ENGINEER written notice that the work has been completed or
substantially completed, the ENGINEER and the OWNER shall inspect the work; and within said
time, if the work be found to be completed or substantially completed in accordance with the
contract documents, the ENGINEER shall issue to the OWNER and the CONTRACTOR his
Certificate of Completion. Thereupon, it shall be the duty of the OWNER, within ten(10) days, to
issue a Certificate of Acceptance of the work to the CONTRACTOR or to advise the
CONTRACTOR in writing of the reason for non-acceptance.
6.09 FINAL PAYMENT. Upon the issuance of the CERTIFICATE of Completion and
OWNER's Certificate of Acceptance,the ENGINEER shall proceed to make final measurements and
prepare a final statement of the value of all work performed and materials furnished under the terms
of the Agreement and shall present the same to the CONTRACTOR for acceptance. The
CONTRACTOR, if he finds such statement to be in order, including all work upon which a claim for
payment may be made, shall note his acceptance thereon; and by accepting the same, the
CONTRACTOR agrees to release any and all claims of any nature whatsoever against the OWNER
or the ENGINEER, growing out of or by reason of the performance of the Contract,the construction
of the work, for Extra Work, or for any other reason whatsoever, either growing out of the Contract
and the documents attached thereto or otherwise. In addition,the CONTRACTOR shall execute a
full and final release in a form provided by the OWNER, a copy of which,titled"Attachment No. 2
Cluks' to General Conditions,"is attached to these contract documents and made a part hereof,which shall
be presented to the OWNER with the ENGINEER's final statement and any Change Orders or
additions or deletions therefrom, duly attested by the CONTRACTOR, requesting payment.
The OWNER shall pay to the CONTRACTOR, on or after the(thirtieth) 30th day and before the
(thirty-fifth) 35th day after the date of the Certificate of Completion, the balance due the
CONTRACTOR under the terms of the Agreement,provided the CONTRACTOR has duly executed
and returned all documents requiring execution or approval as herein provided, or as may be
provided by the OWNER, and that he has fully performed his contractual obligations under the terms
of this Contract. Neither the Certificate of Acceptance nor the final payment nor any provision in the
contract documents shall relieve the CONTRACTOR of the obligation for fulfillment of any
warranty which may be required by law or by the contract documents.
6.10 CORRECTION OF WORK BEFORE FINAL PAYMENT. The CONTRACTOR
shall promptly remove from OWNER's premises all materials deemed unsuitable by the ENGINEER
on account of failure to conform to the Contract,whether actually incorporated in the work or not,
and CONTRACTOR shall, at his own expense, promptly replace such unsuitable materials with
other materials conforming to the requirements of the Contract. The CONTRACTOR shall also bear
the expense of restoring all work of other contractors damaged by any such removal or replacement.
If CONTRACTOR does not remove and replace any such unsuitable work within a reasonable time
after receipt of a written notice from the OWNER or the ENGINEER, the OWNER may remove,
replace and remedy such work at CONTRACTOR's expense.
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CITY OF PEARLAND GENERAL CONDITIONS
6.11 CORRECTION OF WORK AFTER FINAL PAYMENT. Neither the final payment
nor certificate nor any provision in this Contract shall relieve the CONTRACTOR of responsibility
for faulty materials or workmanship, and he shall remedy any defects due thereto and pay for any
damage to other work resulting therefrom,which shall appear within a period of one(1)year from
the date of substantial completion. The OWNER or the ENGINEER shall give notice of observed
defects with reasonable promptness.
6.12 PAYMENTS WITHHELD. The OWNER may, on account of subsequently
discovered evidence, withhold or nullify the whole or part of any certificate or withhold partial or
full payment to such extent as may be necessary to protect himself from loss on account of:
(1) Defective work not remedied;
(2) Claims filed or reasonable evidence indicating probable filing of claims;
(3) Failure of the CONTRACTOR to make payments properly to subcontractors or for
material or labor;
(4) Damage to another contractor;
(5) Reasonable doubt that the work can be completed for the unpaid balance of the
CP') contract amount;
(6) Reasonable indication that the work will not be completed within the contract time.
(7) Failure on the part of the CONTRACTOR to execute any and all documents,releases
or other documents presented to the CONTRACTOR for execution, as provided for
herein or otherwise.
(8) Liquidated damages due to late completion.
When the above grounds are removed or the CONTRACTOR provides a Surety Bond satisfactory to
the OWNER,which will protect the OWNER in the amount withheld,payment may be made for the
amounts withheld because of them. However, the OWNER shall have the discretion of withholding
or making payment in the event any of items (1)through(8) shall be applicable to the work or
progress thereof.
6.13 DELAYED PAYMENTS. Should the OWNER fail to make payment to the
CONTRACTOR of the sum named in any partial or final statement, when payment is due, after the
same has been recommended for payment by both the ENGINEER and the CONTRACTOR, and the
CONTRACTOR has met all other conditions stipulated herein or in the contract documents entitling
the CONTRACTOR to payment, then the OWNER shall pay to the CONTRACTOR,in addition to
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CITY OF PEARLAND GENERAL CONDITIONS
(1.6\: the sum shown as due by such statement, interest thereon at the rate of six percent (6%)per annum
from date due, as provided under"6.06 PARTIAL PAYMENTS" and"6.09 FINAL PAYMENT,"
until fully paid, which shall fully liquidate any injury to the CONTRACTOR growing out of such
delay in payment; but the right is expressly reserved to the CONTRACTOR, in the event payments
be not promptly made as provided under"6.06 PARTIAL PAYMENTS,"to at any time thereafter
treat the Contract as abandoned by the OWNER and to recover compensation as provided under
"8. ABANDONMENT OF CONTRACT,"unless such payments are withheld in accordance with
the provisions of"6.12 PAYMENTS WITHHELD."
7. EXTRA WORK AND CLAIMS
7.01 CHANGE ORDERS. Without invalidating this Agreement,the OWNER may, at any
time or from time to time, order additions, deletions or revisions to the work; such changes will be
authorized by Change Order to be prepared by the ENGINEER for execution by the OWNER and the
CONTRACTOR. The Change Order shall set forth the basis for any change in contract price, as
hereinafter set forth for Extra Work, and any change in contract time which may result from the
change.
In the event the CONTRACTOR shall refuse to approve a Change Order which has been prepared by
the ENGINEER, the ENGINEER may instruct the CONTRACTOR, in writing, to proceed with the
work as set forth in the Change Order, and the CONTRACTOR may make a claim against the
OWNER for Extra Work involved therein. However,the CONTRACTOR shall only be entitled to
payment upon the execution of the final certification and release in a form as provided for herein,
and CONTRACTOR shall approve such certification before the OWNER shall be obligated to make
payment.
7.02 MINOR CHANGES. The ENGINEER may authorize minor changes in the work not
inconsistent with the overall intent of the contract documents and not involving an increase in
contract price. If the CONTRACTOR believes that any minor changes or alteration authorized by
the ENGINEER involves Extra Work or entitles him to an increase in the contract price,the
CONTRACTOR shall make written request to the ENGINEER for a written Field Order.
In such case, the CONTRACTOR,by copy of his communication to the ENGINEER or otherwise in
writing, shall advise the OWNER of his request to the ENGINEER for a written Field Order and that
the work involved may result in an increase in the contract price.
Any request by the CONTRACTOR for a change in contract price shall be made prior to beginning
the work covered by the proposed change.
7.03 EXTRA WORK. It is agreed that the CONTRACTOR shall perform all Extra Work
under the direction of the ENGINEER when presented with a written work order signed by the
ENGINEER, subject,however, to the right of the CONTRACTOR to require written confirmation of
such Extra Work order by the OWNER. It is agreed that the basis of compensation to the
(11.6\
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CITY OF PEARLAND GENERAL CONDITIONS
CONTRACTOR for work either added or deleted by a Change Order, or for which a claim for Extra
Work is made, shall be determined by one or more of the following methods:
Method(A) - By agreed unit prices; or
Method(B) - By agreed lump sum; or
Method(C) - If neither Method (A) nor Method (B)be agreed upon before the Extra
Work is commenced,then the CONTRACTOR shall be paid the
"actual field cost"of the work, plus fifteen percent(15%).
In the event said Extra Work is performed and paid for under Method(C), then the provisions of this
paragraph shall apply and the"actual field cost" is hereby defined to include the cost to the
CONTRACTOR of all workers, such as foremen, timekeepers, mechanics and laborers, and
materials, supplies, trucks,rentals of machinery, and equipment, for the time actually employed or
used on such Extra Work, plus actual transportation charges necessarily incurred together with all
power, fuel, lubricants,water and similar operating expenses,plus all necessary incidental expenses
incurred directly on account of such Extra Work, including Social Security, Old Age Benefits and
other payroll taxes, and a rateable proportion of premiums on Performance and Payment Bonds and
Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation, and all
other insurance as may be required by law or ordinance, or directed by the OWNER, or by them
agreed to.
The ENGINEER may direct the form in which accounts of the"actual field cost"shall be kept and
the records of these accounts shall be made available to the ENGINEER. The ENGINEER or
OWNER may also specify in writing,before the work commences, the method of doing the work
and the type and kind of machinery and equipment to be used; otherwise these matters shall be
determined by the CONTRACTOR. Unless otherwise agreed upon, the prices for the use of
machinery and equipment shall be determined by using one hundred percent(100%), unless
otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the
Associated General Contractors of America where practicable, and the terms and prices for the
use of machinery and equipment shall be incorporated in the written Extra Work Order. The
fifteen percent(15%) of the "actual field cost"to be paid to the CONTRACTOR, shall cover and
compensate him for his profit, overhead, general superintendence and field office expense, and all
other elements of cost and expense not embraced within the "actual field cost" as herein defined,
save that where the CONTRACTOR's camp or field office must be maintained primarily on account
of such Extra Work, then the cost to maintain and operate the same shall be included in the"actual
field cost."
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CITY OF PEARLAND GENERAL CONDITIONS
No claim for Extra Work of any kind will be allowed unless ordered in writing by the ENGINEER.
In case any orders or instructions, either oral or written, appear to the CONTRACTOR to involve
Extra Work for which he should receive compensation or an adjustment in the construction time, he
shall make written request to the ENGINEER for written order authorizing such Extra Work. Should
a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment
therefor, and the ENGINEER insists upon its performance, the CONTRACTOR shall proceed with
the work after making written request for written order and shall keep an accurate account of the
"actual field cost"thereof, as provided under Method (C). The CONTRACTOR shall then have the
right to submit his claim directly to the OWNER by proper certification and attestation, on forms
provided by the OWNER. If the OWNER shall fail to pay or guarantee to pay said amount claimed
within thirty(30) days of the date of submission, the CONTRACTOR shall have the right to file suit
in the applicable District Court, for declaratory judgment or other relief,to determine his rights to
such claim, and if he shall fail to file suit within sixty(60) days after the date of presentment to the
OWNER, the CONTRACTOR shall lose and forfeit his right to make such claim for Extra Work at
any later date, and all claims held by the CONTRACTOR shall be deemed forfeited and forever
barred if the CONTRACTOR shall accept final payment without having first filed suit in the District
Court.
7.04 TIME OF FILING CLAIMS. It is further agreed by both parties hereto that all
questions of dispute or adjustment presented by the CONTRACTOR shall be in writing and filed
with the ENGINEER within thirty(30) days after the ENGINEER has given any directions, order orC°214‘
instruction to which the CONTRACTOR desires to take exception. The ENGINEER shall reply
within thirty(30) days to such written exceptions by the CONTRACTOR and render his final
decision in writing. In case the CONTRACTOR should desire to appeal from the ENGINEER's
decision, the CONTRACTOR may request a meeting between representatives of the OWNER and
the CONTRACTOR for the purposes of appealing the ENGINEER's decision directly to the
OWNER, such meeting to occur within ten(10) days after the date of the delivery to the
CONTRACTOR of the ENGINEER's final decision. If the CONTRACTOR shall still be aggrieved
after a meeting with the OWNER and/or his representative,the CONTRACTOR shall have
sixty(60) days after the date of the delivery to the CONTRACTOR of the ENGINEER's final
decision, to appeal the same to the applicable District Court,by filing suit for declaratory judgment
or other appropriate relief. In the event the CONTRACTOR shall fail, for any reason,to file suit,
and shall accept final payment for all work completed, the OWNER shall be released of any and all
liability, and the action by the CONTRACTOR in accepting final payment shall constitute a final bar
and satisfaction of all claims held by. the CONTRACTOR against the OWNER.
8. ABANDONMENT OF CONTRACT
8.01 ABANDONMENT BY CONTRACTOR. In case the CONTRACTOR should
abandon and fail or refuse to resume work within ten(10) days after written notification from the
OWNER or the ENGINEER, or if the CONTRACTOR fails to comply with the orders of the
ENGINEER when such orders are consistent with the contract documents,then and in that case,
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CITY OF PEARLAND GENERAL CONDITIONS
where Performance and Payment Bonds exist, the sureties on these bonds shall be notified in writing
and directed to complete the work, and a copy of said notice shall be delivered to the
CONTRACTOR.
After receiving said notice of abandonment, the CONTRACTOR shall not remove from the work
any machinery, equipment, tools, or supplies then on the job, but the same, together with any
materials and equipment under contract for the work, may be held for use on the work by the
OWNER or the surety on the Performance Bond, or another contractor in completion of the work;
and the CONTRACTOR shall not receive any rental or credit therefor, it being understood that the
use of such equipment and materials will ultimately reduce the cost to complete the work and be
reflected in the final settlement.
Where there is no Performance Bond or in case the surety should fail to commence compliance with
the notice for completion hereinabove provided for within ten(10) days after the service of such
notice, then the OWNER may provide for completion of the work in either of the following elective
manners:
(a) The OWNER may thereupon employ such force of workers and use such machinery,
equipment, tools,materials and supplies as the OWNER may deem necessary to
complete the work and charge the expense of such labor, machinery, equipment,tools,
(011". materials and supplies to said CONTRACTOR, and expense so charged shall be
deducted and paid by the OWNER out of such monies as may be due or that may
thereafter at any time become due to the CONTRACTOR under and by virtue of this
Agreement. In case such expense is less than the sum which would have been payable
under this Contract if the same had been completed by the CONTRACTOR, then said
CONTRACTOR shall receive the difference. In case such expense is greater than the
sum which would have been payable under this Contract if the same had been
completed by such CONTRACTOR,then the CONTRACTOR and/or his surety shall
pay the amount of such excess to the OWNER; or
(b) The OWNER, under sealed bids, under the times and procedures provided for by law,
may let the contract for completion of the work under substantially the same terms and
conditions which are provided in this Contract. In case of any increase in cost to the
OWNER under the new contract, as compared to what would have been the cost under
this Contract, such increase shall be charged to the CONTRACTOR, and the surety
shall be and remain bound therefor. However, should the cost to complete any such
new contract prove to be less than what would have been the cost to complete under
this Contract, the CONTRACTOR and/or his surety shall be credited therewith.
When the work shall have been substantially completed, the CONTRACTOR and his surety shall be
so notified and Certificates of Completion and Acceptance, as hereinabove provided, shall be issued.
A complete itemized statement of the contract accounts, certified by the ENGINEER as being
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correct, shall then be prepared and delivered to the CONTRACTOR and his surety,whereupon the
CONTRACTOR and/or his surety shall pay the balance due as reflected by said statement, within
fifteen (15) days after the date of such Certificate of Completion. The OWNER, prior to incurring an
obligation to make payment hereunder, shall have such statement of completion attested to by the
CONTRACTOR as accurate, and upon payment of the sum stated therein, the OWNER shall be
entitled to full and final release of any claims or demands by the CONTRACTOR.
In the event the statement of accounts shows that the cost to complete the work is less than that
which would have been the cost to the OWNER had the work been completed by the
CONTRACTOR under the terms of this Contract, or when the CONTRACTOR and/or his surety
shall pay the balance shown to be due by them to the OWNER, then all machinery, equipment, tools
or supplies left on the site of the work shall be turned over to the CONTRACTOR and/or his surety.
Should the cost to complete the work exceed the contract price, and the CONTRACTOR and/or his
surety fail to pay the amount due the OWNER within the time designated above, and there remains
any machinery, equipment,tools,materials or supplies on the site of the work, notice thereof,
together with an itemized list of such equipment and materials, shall be mailed to the
CONTRACTOR and his surety at the respective addresses designated in the Contract,provided,
however,that actual written notice given in any manner will satisfy this condition. After mailing or
other giving of such notice, such property shall be held at the risk of the CONTRACTOR and his
surety, subject only to the duty of the OWNER to exercise ordinary care to protect such property.
After fifteen(15) days from the date of such notice, the OWNER may sell such property, equipment,
tools,materials or supplies, and apply the net sum derived from such sale to the credit of the
CONTRACTOR and his surety. Such sale may be made at either public or private sale,with or
without notice, as the OWNER may elect. The OWNER shall release any machinery, equipment,
tools, materials or supplies,which remain on the work, and belong to persons other than the
CONTRACTOR or his surety, to their proper owners. The books on all operations provided herein
shall be open to the CONTRACTOR and his surety.
8.02 ABANDONMENT BY OWNER. In case the OWNER shall fail to comply with the
terms of this Contract(a disputed or unilateral claim by the Contractor cannot by itself constitute
"abandonment") and should fail or refuse to comply with said terms within ten(10) days after
written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly
abandon the work, and may remove therefrom all machinery,tools and equipment, and all materials
on the site of the work that have not been included in payments to the CONTRACTOR and have not
been wrought into the work. And thereupon, the ENGINEER shall make an estimate of the total
amount earned by the CONTRACTOR, which estimate shall include the value of all work actually
completed by said CONTRACTOR(at the prices stated in the attached Proposal where unit prices
are used), the value of all partially completed work at a fair and equitable price, and the amount of all
Extra Work performed at the prices agreed upon, or provided for by the terms of this Contract, and a
reasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole
work to completion and which cannot be utilized. The ENGINEER shall then make a final statement
of the balance due the CONTRACTOR by deducting from the above estimate all previous payments
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CITY OF PEARLAND GENERAL CONDITIONS
by the OWNER and all other sums that may be retained by the OWNER under the terms of this
Agreement, and shall present the same to the CONTRACTOR for the CONTRACTOR's approval;
and upon the CONTRACTOR's approving the same as being true, correct and accurate, and upon
payment of said sum, the CONTRACTOR shall release the OWNER of any and all liability growing
out of or by reason of said Contract, and then the same shall be presented to the OWNER,who shall
pay to the CONTRACTOR, on or before thirty(30) days after the date of notification by the
CONTRACTOR of the balance shown by said final statement as due the CONTRACTOR under the
terms of this Agreement.
9. ARBITRATION
9.01 Any party to this Contract, upon the written agreement and acquiescence of all other
parties,may submit any question or dispute under the terms and provisions of the contract
documents, to arbitration under such procedure and agreements as the parties shall make in writing
prior to arbitration.
The results of arbitration shall be binding and shall constitute an amendment to the contract
documents when accepted in writing by the parties to the Contract.
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ATTACHMENT NO. 1 TO GENERAL CONDITIONS
WORKERS' COMPENSATION INSURANCE COVERAGE
A. DEFINITIONS:
Certificate of coverage ("certificate") -A copy of a certificate of insurance, a certificate of
authority to self-insure issued by the commission, or a coverage agreement (TWCC-81,
TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance
coverage for the person's or entity's employees providing services on a project for the
duration of the project.
Duration of the project- includes the time from the beginning 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 persons or
entities performing or part of the services the contractor has undertaken to perform on the
project, regardless of whether that person contracted directly with the contractor and
regardless of whether that person has employees. This includes, without limitation,
independent contractors, subcontractors, leasing companies, motor carriers, owner-operators,
employees of any such entity, or employees of any entity which furnishes persons to provide
services on the project. "Services"include, without limitation, providing,hauling, or
delivering equipment or materials, or providing labor, transportation, or other service related
to a project. "Services" does not include activities unrelated to the project, such as
food/beverage vendors, office supply 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 employees of the contractor providing services
on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the Owner prior to being awarded the
contract.
D. If the coverage period shown on the contractor's current certificate of coverage ends during the
duration of the project, the contractor must,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
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CITY OF PEARLAND GENERAL CONDITIONS
(.116\
governmental entity will have on file certificates of coverage showing coverage for all
persons providing services on the project; and
(2) no later than seven (7) days after receipt by the contractor, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current
certificate of coverage ends during the duration of the project.
F. The contractor shall retain all required certificates of coverage for the duration of the project and
for one year thereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or personal
delivery, within ten(10) days after the contractor knew or should have known, of any changes
that materially affects the provision of coverage of any person providing services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner prescribed
by the Texas Workers' Compensation Commission, informing all persons providing services on
the project that they are required to be covered, and stating how a person may verify coverage
and report lack of coverage.
NOTICE
REQUIRED WORKERS' COMPENSATION COVERAGE
"The law requires that each person working on this
site or providing services related to this construction
project must be covered by Workers' Compensation
Insurance. This includes persons providing,
hauling, or delivering equipment or materials, or
providing labor or transportation or other service
related to the project,regardless of the identify of
their employer or status as an employee."
"Call the Texas Workers' Compensation
Commission at (512) 440-3789 to receive
information on the legal requirements for coverage,
to verify whether your employer has provided the
required coverage, or to report an employer's failure
to provide coverage."
I. The contractor shall contractually require each person with whom it contracts to provide
services on a project, to:
1. provide coverage, based on proper reporting of classification codes and payroll amounts and
filing of any coverage agreements, which meets the statutory requirements of Texas Labor
4/00 00700-A2
CITY OF PEARLAND GENERAL CONDITIONS
Code, Section 401.011 (44) for all of its employees providing services on the project, for the
duration of the project;
2. provide to the contractor,prior to that person beginning work on the project, a certificate of
coverage showing that coverage is being provided for all employees of the person providing
services on the project, for the duration of the project;
3. provide the contractor, prior to the end of the coverage period, a new certificate of coverage,
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
4. obtain from each other person with whom it contracts, and provide to the contractor:
a. a certificate of coverage,prior to the other person beginning work on the project; and
b. a new certificate of coverage shown extension of coverage,prior to the end of the
coverage period, if the coverage period shown on the current certificate of coverage
ends during the duration of the project;
5. retain all required certificates of coverage on file for the duration of the project and for
one(1)year thereafter;
6. notify the governmental entity in writing by certified mail or personal delivery,within
ten(10) days after the person knew or should have known, of any change that materially
affects the provision of coverage of any person providing services on the project; and
7. contractually require each person with whom it contracts, to perform as required by
paragraphs (1) through(7),with the certificates of coverage to be provided to the person for
whom they are providing services.
J. By signing this Contract or providing or causing to be provided a certificate of coverage,the
CONTRACTOR is representing to the governmental entity that all employees of the
CONTRACTOR who will provide services on the project will be covered by Workers'
Compensation coverage for the duration of the project,that the coverage agreements will be
based on proper reporting of classification codes and payroll amounts, and that all coverage
agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured,
with the Commission's Division of Self-Insurance Regulation. Providing false or misleading
information may subject the CONTRACTOR to administrative penalties, criminal penalties,
civil penalties, or other civil actions.
K. The CONTRACTOR's failure to comply with any of these provisions is a breach of contract by
the CONTRACTOR which entitles the governmental entity to declare the contractor void if the
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CITY OF PEARLAND GENERAL CONDITIONS
contractor does not remedy the breach within ten(10) days after receipt of notice of breach from
the governmental entity.
(11.86‘‘
4/00 00700-A4
CITY OF PEARLAND
(1111111.''' GENERAL CONDITIONS
ATTACHMENT NO. 2 TO GENERAL CONDITIONS
AGREEMENT FOR FINAL PAYMENT
AND CONTRACTOR'S SWORN RELEASE
In order to insure that the rights, obligations, and responsibilities of all parties to the original
contract document are fully protected, which contract document was signed and executed on the
day of , 20 by
referred to therein as CONTRACTOR and hereinafter referred to as CONTRACTOR, and
, hereinafter referred to as OWNER, on the day of
, 20 , and further in consideration for the final payment of all sums due and claimed by
the CONTRACTOR against OWNER, the CONTRACTOR makes the following representations to
OWNER, either individually if a proprietorship,jointly by all partners if a partnership, or if a
corporation,by action of the president and secretary of said corporation, as duly authorized by
appropriate action of the stockholders and/or board of directors of said corporation, their signatures
hereon constituting a representation under oath by said individuals that they have the power and
authority to execute this Agreement for and on behalf of the said corporation:
I.
The Contractor has received (number)payments pursuant to (number) of
Contractor Payment Estimates, copies of which are attached hereto and marked Exhibit"A,"
presented to OWNER and paid during the progress of the job referred to in the Contract between the
parties; and in this regard, the undersigned CONTRACTOR represents to OWNER that it does not
claim nor intend to claim at any future date, any additional sums of money of any nature whatsoever
under and by virtue of the payment estimates previously submitted to the ENGINEER for approval,
4/00 00700-B 1
CITY OF PEARLAND
(11111'
GENERAL CONDITIONS
or any other sums of money of any nature whatsoever for materials furnished and used in the job or
for work done, and hereby releases and discharges OWNER from any liabilities of any nature
whatsoever, for any claims of any nature made by the CONTRACTOR at some future date, or by its
successors or assigns.
II.
The undersigned CONTRACTOR further represents to OWNER that the Final Payment
Estimate and Change Order, if any, submitted by the CONTRACTOR to OWNER,whether or not
modified, corrected, or changed in some way by deletions or other modifications by the ENGINEER,
the CONTRACTOR or the OWNER, a copy of which is attached hereto and marked Exhibit"B," is
true, correct and accurate; and it is further agreed and stipulated by the undersigned CONTRACTOR
that upon the receipt of final payment in the amount as set out on the Final Payment Estimate and
Change Order, the CONTRACTOR,by execution of this instrument of release, does, therefore,
release and forever discharge OWNER of and from all manner of debts, demands, obligations, suits,
liabilities and causes of action of any nature whatsoever under and by virtue of the terms and
provisions of the Contract hereinbefore referred to, and any change or modification thereof, or in any
manner growing out of or arising from or by virtue of the work, labor and services performed by the
CONTRACTOR.
III.
CONTRACTOR, in addition to the provisions set out in the contract document, agrees to
indemnify and hold OWNER harmless from any and all causes of action, claims, demands or suits
made by any person or other entity against OWNER,by reason of the work performed by such
4/00
00700-B2
CITY OF PEARLAND GENERAL CONDITIONS
(/'\,
CONTRACTOR, and agrees to defend or to cause the same to be defended at the CONTRACTOR's
sole expense and obligation, whenever such actions may be brought, and further to pay all costs
incurred by OWNER in the defense thereof, including administrative costs and attorney's fees, and
further to pay any judgments or settlements which may be entered into or agreed to against or for the
benefit of OWNER. It is, however, specifically agreed that OWNER shall not enter into any
settlement agreements without the acquiescence and agreement of the CONTRACTOR.
IV.
The CONTRACTOR, acting by and through the person or persons whose names are
subscribed hereto, does solemnly swear and affirm that all bills and claims have been paid to all
materialmen, suppliers, laborers, subcontractors, or other entities performing services or supplying
materials, and that OWNER shall not be subject to any bills, claims, demands, litigation or suits in
connection therewith.
V.
It is further specifically understood and agreed that this Agreement for Final Payment and
CONTRACTOR's Sworn Release shall constitute a part of the original Contract of the parties
heretofore previously referred to, and it is also specifically understood and agreed that this
Agreement shall not act as a modification,waiver or renunciation by OWNER of any of its
rights or remedies as set out in the contract itself,but this Agreement for Final Payment and
CONTRACTOR's Sworn Release shall constitute a supplement thereto for the additional protection
of OWNER.
4/00 00700-B3
CITY OF PEARLAND GENERAL CONDITIONS
VI.
This Agreement for Final Payment and CONTRACTOR's Sworn Release shall be considered
to be continuing and binding upon the parties hereto and shall not terminate upon receipt and
acceptance by the CONTRACTOR of final payment,but shall be deemed continuing so long as any
actions, claims or other demands contemplated herein against OWNER,may lawfully be brought
under applicable statutes of limitations, and shall in addition be deemed to be continuing for such
additional period of time as shall be necessary to compensate and repay to OWNER, all costs or
damages incurred by it by reason of such claims.
4/00 00700-B4
CITY OF PEARLAND GENERAL CONDITIONS
SIGNED and EXECUTED this, the day of
20
CONTRACTOR
Signature
Print Name:
[If CONTRACTOR is a proprietorship, owner must sign; if a partnership, each partner must sign; if
a corporation, the following language should be used.]
SIGNED and EXECUTED this, the day of ,20 ,by
, a Texas corporation, under authority
CPI*.'' granted to the undersigned by said corporation as contained in the Charter, By-Laws or Minutes of a
meeting of said corporation regularly called and held.
CONTRACTOR
By:
President
ATTEST:
Corporate Secretary
(Corporate Seal)
4/00 00700-B5
CITY OF PEARLAND GENERAL CONDITIONS
(111.1b\' [This form is for use by either a proprietorship or a partnership. In the event CONTRACTOR is a
partnership or a joint proprietorship, additional signature lines should be added for each individual.]
AFFIDAVIT
STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally appeared the person or
persons whose name(s) are subscribed to the above and foregoing Agreement for Final Payment and
CONTRACTOR's Sworn Release, who each, after being by me duly sworn, on their oaths deposed
and said:
I(We) am(are) the person(s)who signed and executed the above and foregoing Agreement for
Final Payment and CONTRACTOR's Sworn Release, and I(we)have read the facts and
statements as therein set out and the representations as made therein, and I(we) state that the
above and foregoing are true and correct.
CONTRACTOR-Affiant
SWORN TO AND SUBSCRIBED TO before me this, the day of
, 20 .
Notary Public, State of Texas
My Commission Expires:
4/00
00700-B6
WAGE SCALE FOR
(1.11 CITY OF PEARLAND ENGINEERING CONSTRUCTION
[This form is for use in the event CONTRACTOR is a corporation.]
AFFIDAVIT
STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned authority, on this day personally appeared the persons who
signed and executed the above and foregoing Agreement for Final Payment and Contractor's Sworn
Release, whose names are set out above, who each, after being by me duly sworn, on their oaths
deposed and said:
We each are the persons whose names are subscribed above, and hold respectively the
(11.1'`. offices in the corporation as set out above, and each state under oath that we have the
authority to execute this Agreement for Final Payment and Contractor's Sworn Release for
and on behalf of said corporation,pursuant to authority granted to us in the Charter of said
corporation, the By-Laws of said corporation and/or the Minutes of said corporation; and the
facts, statements and representations as set out in the instrument to which this Affidavit is
attached, are true and correct.
SWORN TO AND SUBSCRIBED TO before me this, the day of
20
Notary Public, State of Texas
My Commission Expires:
4/00 00700-B7
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
rib\
SECTION 00800
SUPPLEMENTARY CONDITIONS
TABLE OF CONTENTS
PART I-AMENDMENTS TO GENERAL CONDITIONS
Article Title Page No.
1 Definitions and Interpretations 1
1.13 Contract Times 1
2 Rights and Responsibilities of the Owner 1
2.06 Subsurface and Physical Conditions 1
2.07 Physical Conditions—Underground Facilities 3
2.08 Reference Point 4
2.09 Asbestos, PCBs, Petroleum,Hazardous Waste,
or Radioactive Material 4
2.10 Related Work at Site 5
2.11 Coordination 6
2.12 Owner May Correct Defective Work 6
3 Rights and Responsibilities of the Engineer 7
3.08 Determination for Unit Prices 7
3.09 Authorized Variations in Work 7
3.10 Clarifications and Interpretations 8
4 Rights and Responsibilities of the Contractor 8
4.05.1 'Performance, Payment, and Other Bonds 8
4.05.2 Licensed Sureties and Insurers; Certificates of Insurance 8
4.06.1 Contractor's Liability Insurance 9
4.06.2 Owner's Liability Insurance 10
4.06.3 Property Insurance 10
4.06.4 Waiver of Rights 11
4.06.5 Receipt and Application of Insurance Proceeds 13
4.06.6 Acceptance of Bonds and Insurance; Option to Replace 12
4.06.7 Partial Utilization—Property Insurance 13
4.30 Substitutes and"Or-Equal"Items 13
4.31 Emergencies 15
4.32 Before Starting Construction 15
4.33 Initially Acceptable Schedules 15
4.34 Safety and Protection 16
5 Prosecution and Progress 16
5.05 Commencement of Contract Times,Notice to Proceed 17
r‘\' 5.06 Change of Contract Times 17
5.06.1 Claim for Adjustment 17
5.06.2 Time of Essence 17
Project No.052511256.0004 00800—Page i of ii SUPPLEMENTARY CONDITIONS
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
5.06.3 Delays Beyond Contractor's Control 17
5.06.4 Delays Beyond Owner's and Contractor's Control 18
6 Measurement and Payment 18
6.14 Contractor's Warranty of Title 18
6.15 Review of Applications for Progress Payment 18
6.16 Substantial Completion 20
6.17 Waiver of Claims 21
7 Extra Work and Claims 21
7.05 Amending and Supplementing Contract Documents 21
7.06 Unit Price Work 21
8 Abandonment of Contract 22
8.04 Owner May Suspend Work 22
8.05 Owner May Terminate 22
Project No.052511256.0004 00800—Page ii of ii SUPPLEMENTARY CONDITIONS
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
SECTION 00800
SUPPLEMENTARY CONDITIONS
PART I-AMENDMENTS TO GENERAL CONDITIONS
These Supplemental Conditions amend or supplement the General Conditions of the Construction
Contract and other provisions of the Contract Documents as indicated below. All provisions that are
not so amended or supplemented remain in full force and effect.
ARTICLE 1 DEFINITIONS AND INTERPRETATIONS
SC-1 Add the following
1.13 Contract Times.
The numbers of days or the dates stated in the Agreement: (i) to achieve Substantial Completion, and
(ii)to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written
recommendation of final payment in accordance with Paragraph 6.09.
ARTICLE 2 RIGHTS AND RESPONSIBILITIES OF THE OWNER
SC-2 Add the following paragraphs:
(11".\
2.06 Subsurface and Physical Conditions
2.06.1. Reports and Drawings: Reference is made to the Supplementary Conditions for
identification of:
2.06.1.1. Subsurface Conditions: Those reports of explorations and tests of subsurface
conditions at or contiguous to the site that have been utilized by ENGINEER in preparing the
Contract Documents; and
2.06.1.2. Physical Conditions: Those drawings of physical conditions in or relating to
existing surface or subsurface structures at or contiguous to the site (except Underground
Facilities)that have been utilized by ENGINEER in preparing the Contract Documents.
2.06.2. Limited Reliance by CONTRACTOR Authorized; Technical Data: CONTRACTOR may rely
upon the general accuracy of the "technical data"contained in such reports and drawings, but such
reports and drawings are not Contract Documents. Such"technical data"is identified in the
Supplementary Conditions. CONTRACTOR may not rely upon or make any claim against OWNER,
ENGINEER, or any of ENGINEER's Subconsultants with respect to:
2.06.2.1. the completeness of such reports and drawings for CONTRACTOR's purposes,
including,but not limited to, any aspects of the means, methods,techniques, sequences, and
procedures of construction to be employed by CONTRACTOR and safety precautions and
programs incident thereto, or
2.06.2.2. other data, interpretations, opinions, and information contained in such reports or
shown or indicated in such drawings, or
Project No.052511256.0004 00800—Page 1 of 24 SUPPLEMENTARY CONDITIONS
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
(40,
2.06.2.3. anyCONTRACTOR interpretation
rpretatlon of or conclusion drawn from any"technical
data" or any such data, interpretations, opinions, or information.
2.06.3. Notice of Differing Subsurface or Physical Conditions: If CONTRACTOR believes that any
subsurface or physical condition at or contiguous to the site that is uncovered or revealed either:
2.06.3.1. is of such a nature as.to establish that any "technical data"on which
CONTRACTOR is entitled to rely as provided in Paragraphs 2.06.1 and 2.06.2 is materially
inaccurate, or
2.06.3.2. is of such a nature as to require a change in the Contract Documents, or
2.06.3.3. differs materially from that shown or indicated in the Contract Documents, or
2.06.3.4. is of an unusual nature and differs materially from conditions ordinarily
encountered and generally recognized as inherent in work of the character provided for in the
Contract Documents; then
CONTRACTOR shall,promptly after becoming aware (within twenty-four[24] hours)thereof and
before further disturbing conditions affected thereby or performing any Work in connection therewith
(except in an emergency as permitted by Paragraph 6.15),notify OWNER and ENGINEER in writing
about such condition. CONTRACTOR shall not further disturb such conditions or perform any Work
(1.1b\ in connection therewith(except as aforesaid)until receipt of written order to do so.
2.06.4. ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine
the necessity of OWNER's obtaining additional exploration or tests with respect thereto, and advise
OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's finding and conclusions.
2.06.5. Possible Contract Documents Change: If ENGINEER concludes that a change in the
Contract Documents is required as a result of a condition that meets one or more of the categories in
Paragraph 2.06.3, a Work Change Directive or a Change Order will be issued as provided in
Article 7 to reflect and document the consequences of such change.
2.06.6. Possible Price and Times Adjustments: An adjustment in the Contract Price or in the
Contract Times, or both,will be allowed to the extent that the existence of such uncovered or
revealed condition directly causes a material increase or decrease in CONTRACTOR's cost of, or
time required for performance of, the Work; subject,however,to the following:
2.06.6.1. such condition must meet any one or more of the categories described in
Paragraphs 2.06.3.1 through 2.06.3.2, inclusive;
2.06.6.2. a change in the Contract Documents pursuant to Paragraph 4.2.5 will not be an
automatic authorization of,nor a condition precedent to entitlement to any such adjustment;
2.06.6.3. with respect to Work that is paid for on a Unit Price Basis, any adjustment in
Contract Price will be subject to the provisions of Paragraphs 3.05 and 7.06; and
2.06.6.4. CONTRACTOR shall not be entitled to any adjustment in the Contract Price or
Times, and neither OWNER nor ENGINEER's Subconsultants shall be liable to
CONTRACTOR for any costs,losses, expenses, or damages if:
Project No.052511256.0004 00800—Page 2 of 24 SUPPLEMENTARY CONDITIONS
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
Cmh\
2.06.6.4.1. CONTRACTOR knew or should have known of the existence of such
conditions at the time CONTRACTOR submitted a bid or became bound under a
contract to OWNER; or
2.06.6.4.2. the existence of such condition could reasonably have been discovered
or revealed as a result of any examination, investigation, exploration, test, or study
of the site and contiguous areas required by the Bidding Requirements or Contract
Documents to be conducted by or for CONTRACTOR prior to CONTRACTOR's
making such bid or entering into such contract;
2.06.6.4.3. CONTRACTOR failed to give the written notice within the time and
as required by Paragraph 2.1.3.
EVEN IF SUCH COSTS,EXPENSES,OR DAMAGES ARE DUE TO THE NEGLIGENCE,
OTHER FAULT,STRICT LIABILITY WITHOUT REGARD TO FAULT OR BREACH OF
CONTRACT OF OWNER,ENGINEER OR ENGINEER'S SUBCONSULTANTS.
If OWNER and CONTRACTOR are unable to agree on entitlement to, or as to the amount or length
of, any such adjustment in the Contract Price or Contract Times, a claim may be made therefor as
provided in Articles 7 and 6.06. HOWEVER,OWNER,ENGINEER,AND ENGINEER's
SUBCONSULTANTS SHALL NOT BE LIABLE TO CONTRACTOR FOR ANY CLAIMS,
COSTS,LOSSES,OR DAMAGES SUSTAINED BY CONTRACTOR ON OR IN
CONNECTION WITH ANY OTHER PROJECT OR ANTICIPATED PROJECT,EVEN IF
SUCH CLAIMS, COSTS,LOSSES,OR DAMAGES ARE DUE TO THE NEGLIGENCE,
OTHER FAULT,STRICT LIABILITY WITHOUT REGARD TO FAULT,OR BREACH OF
CONTRACT OF OWNER,ENGINEER,OR ENGINEER's SUBCONSULTANTS.
2.07. Physical Conditions—Underground Facilities
2.07.1. Shown or Indicated: The information and data shown or indicated in the Contract
Documents with respect to existing Underground Facilities at or contiguous to the site is based on
information and data furnished to OWNER or ENGINEER by the owners of such Underground
Facilities or by others. Unless it is otherwise expressly provided in the Supplementary Conditions:
2.07.11. OWNER and ENGINEER shall not be responsible for the accuracy or completeness
of any such information or data; and
2.07.12. The cost of all of the following will be included in the Contract Price, and
CONTRACTOR shall have full responsibility for: (i)reviewing and checking all such
information and data, (ii)locating all Underground Facilities shown or indicated in the Contract
Documents, (iii)coordination of the Work with the owners of such Underground Facilities
during construction, and(iv)the safety and protection of all such Underground Facilities as
provided in Paragraph 4.34 and repairing any damage thereto resulting from the Work.
OWNER and ENGINEER expressly disclaim any and all warranties that the information, data,
interpretations, and opinions shown, indicated, or contained in the Contract Documents with respect
(glimh\ to existing Underground Facilities at or contiguous to the site is accurate, correct, complete, or fit for
its intended purpose.
•
Project No.052511256.0004 00800—Page 3 of 24 SUPPLEMENTARY CONDITIONS
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
2.07.2. Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or
contiguous to the site which was not shown or indicated in the Contract Documents or is in a location
materially different from that shown or indicated in the Contract Documents, CONTRACTOR shall,
promptly after becoming aware thereof and before further disturbing conditions affected thereby or
performing any Work in connection therewith(except in an emergency as required by
Paragraph 4.34), identify the owner of such Underground Facility and give written notice to that
owner and to OWNER and ENGINEER. ENGINEER will promptly review the Underground
Facility and determine the extent, if any, to which a change is required in the Contract Documents to
reflect and document the consequences of the existence or different location of the Underground
Facility. If ENGINEER concludes that a change in the Contract Documents is required, a Work
Change Directive or a Change Order will be issued as provided in Article 7 to reflect and document
such consequences. During such time, CONTRACTOR shall be responsible for the safety and
protection of such Underground Facility as provided in Paragraph 4.34. CONTRACTOR shall be
allowed an increase in the Contract Price or an extension of the Contract Times, or both, to the extent
that the Contract Price or Contract Times are directly and materially affected by the existence or
different location of any Underground Facility that was not shown or indicated, or was inaccurately
shown or indicated in the Contract Documents, and that CONTRACTOR did not know of, and could
not reasonably have been expected to be aware of, or to have anticipated. If OWNER and
CONTRACTOR are unable to agree on entitlement to or the amount or length of any such
adjustment in Contract Price or Contract Times, CONTRACTOR may make a claim therefor as
provided in Article 7. HOWEVER,OWNER,ENGINEER,AND ENGINEER's
CONSULTANTS SHALL NOT BE LIABLE TO CONTRACTOR,OR CONTRACTOR
SHALL NOT BE ENTITLED TO AN INCREASE IN THE CONTRACT PRICE OF THE
CONTRACT TIMES FOR ANY COSTS,EXPENSES,DAMAGES,OR DELAYS
ASSOCIATED WITH ANY SUCH UNDERGROUND FACILITY WHICH CONTRACTOR
KNEW OR SHOULD HAVE KNOWN THEREOF,NOR SHALL OWNER,ENGINEER OR
ENGINEER's CONSULTANTS BE LIABLE TO CONTRACTOR FOR ANY CLAIMS,
COSTS,LOSSES,OR DAMAGES SUSTAINED BY CONTRACTOR ON OR IN
CONNECTION WITH ANY OTHER PROJECT OR ANTICIPATED PROJECT,EVEN IF
SUCH EXPENSES, COSTS, CLAIMS,LOSSES,DAMAGES,OR DELAYS ARE DUE TO
THE NEGLIGENCE,OTHER FAULT,STRICT LIABILITY WITHOUT REGARD TO
FAULT,OR BREACH OF CONTRACT OF OWNER,ENGINEER,OR ENGINEER's
SUBCONSULTANTS.
2.08. Reference Points
OWNER shall provide engineering surveys to establish reference points for construction which, in
ENGINEER's judgment, are necessary to enable CONTRACTOR to proceed with the Work.
CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the
established reference points and shall make no changes or relocations without the prior written
approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point is
lost or destroyed or requires relocation because of necessary changes in grades or locations and shall
be responsible for and pay costs associated with the accurate replacement or relocation of such
reference points by professionally qualified personnel.
2.09. Asbestos,PCBs,Petroleum,Hazardous Waste,or Radioactive Material
2.09.1. OWNER shall be responsible for any Hazardous Waste uncovered or revealed at the site
which was not shown or indicated within the PLANS or Specifications or identified in the Contract
Project No.052511256.0004 00800—Page 4 of 24 SUPPLEMENTARY CONDITIONS
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
Documents to be within the scope of the Work and which may present a substantial danger to persons
or property exposed thereto in connection with the Work at the site. OWNER shall not be
responsible for any such materials brought to the site by CONTRACTOR, Subcontractor, Suppliers,
or anyone else for whom CONTRACTOR is responsible.
2.09.2. CONTRACTOR shall immediately: (i) stop all Work in connection with such Hazardous
Waste and in any area affected thereby(except in an emergency as required by Paragraph 4.31), and
(ii)notify OWNER(and thereafter confirm such notice in writing). CONTRACTOR shall not be
required to resume Work in connection with such Hazardous Waste or in any such affected area until
after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR
special written notice: (i) specifying that such condition and any affected area is or has been
rendered safe for the resumption of Work, or(ii) specifying any special conditions under which such
Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or
the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of such
Work stoppage or such special conditions under which Work is agreed by CONTRACTOR to be
resumed, either party may make a claim therefor as provided in Article 7.
2.09.3. If after receipt of such special written notice CONTRACTOR does not agree to resume such
Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such
special conditions, then OWNER may order such portion of the Work that is in connection with such
Hazardous Waste or in such affected area to be deleted from the Work. If OWNER and
Cubb\ CONTRACTOR cannot agree as to entitlement to or the amount or extent of an adjustment,if any, in
Contract Price or Contract Times as a result of deleting such portion of the Work, then either party
may make a claim therefor as provided in Articles 6 and 7. OWNER may have such deleted portion
of the Work performed by OWNER's own forces or others in accordance with Special Conditions
Paragraphs 2.10 and 2.11.
2.09.4. To the fullest extent permitted by Laws and Regulations, OWNER shall indemnify and hold
harmless CONTRACTOR, Subcontractors,ENGINEER,ENGINEER's Consultants, and the
officers, directors,employees, agents, other consultants, and subcontractors of each and any of them
from and against all claims, costs, losses, and damages arising out of, or resulting from, such
Hazardous Waste,provided that: (i) any such claim,cost,loss, or damage is attributable to bodily
injury, sickness, disease, or death, or to injury to, or destruction of, tangible property(other than the
Work itself), including the loss of use resulting therefrom, and(ii)nothing in this subparagraph
2.4.4 shall obligate OWNER to indemnify or hold harmless any person or entity from and against the
consequences of that person's or entity's own negligence, fault, strict liability without regard to fault
or breach of contract or warranty.
2.09.5. The provisions of Paragraphs 2.1 and 2.2 are not intended to apply to Asbestos, PCBs,
Petroleum, Hazardous Waste, or Radioactive Materials uncovered or revealed at the site.
2.10. Related Work at Site
2.10.1. OWNER may perform other work related to the Project at the site by the OWNER's own
forces or let other direct contracts therefor which shall contain GENERAL CONDITIONS similar to
these or have other work performed by utility owners. If such other work to be performed was not
noted in the Contract Documents, then: (i)written notice thereof will be given to CONTRACTOR
prior to starting any such other work; and(ii) CONTRACTOR may make a claim therefor as
provided in Articles 11 and 12 if CONTRACTOR believes that such performance will involve
Project No.052511256.0004 00800—Page 5 of 24 SUPPLEMENTARY CONDITIONS
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
additional expense to CONTRACTOR
R or require additional time and the parties are unable to agree
as to the amount or extent thereof.
2.10.2. CONTRACTOR shall afford each other contractor who is a party to such a direct contract
with OWNER and each utility owner(and OWNER, if OWNER is performing the additional work
with OWNER's employees)proper and safe access to the site and a reasonable opportunity for the
introduction and storage of materials and equipment and the execution of such other work and shall
properly connect and coordinate the Work with that of such other CONTRACTORS. Unless
otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting, and
patching of the Work that may be required to make its several parts come together properly and
integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting,
excavating, or otherwise altering their work and will only cut or alter their work with the written
consent of the ENGINEER and the others whose work will be affected. The duties and
responsibilities of the CONTRACTOR under this Paragraph are for the benefit of such utility owners
and other contractors to the extent that there are comparable provisions for the benefit of the
CONTRACTOR in said direct contracts between the OWNER and such utility owners and other
contractors.
2.10.3. If the proper execution or results of any part of the CONTRACTOR's Work depends upon
work performed by others under paragraphs 7.5 and 7.6, CONTRACTOR shall inspect such other
work and promptly report to the ENGINEER in writing any delays, defects, or deficiencies in such
other work that render it unavailable or unsuitable for the proper execution and results and
performance of CONTRACTOR's Work. CONTRACTOR's failure so to report will constitute an
acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except
for latent or nonapparent defects and deficiencies in such other work.
2.11. Coordination
2.11.1. If OWNER contracts with others for the performance of other work on the Project at the site,
the following will be set forth in Supplementary Conditions:
2.11.1.1. the person, firm, or corporation who will have the authority and responsibility for
coordination of the activities among the various prime contractors will be identified;
2.11.1.2. the specific matters to be covered by such authority and responsibility will be
itemized; and
2.11.1.3. the extent of such authority and responsibilities will be provided.
Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and
responsibility in respect of such coordination.
2.12. OWNER May Correct Defective Work
Prior to final acceptance, if CONTRACTOR fails, within a reasonable time after written notice from
ENGINEER to correct Defective Work or to remove and replace rejected Work as required by
ENGINEER in accordance with Paragraph 6.10 or if CONTRACTOR fails to perform the Work in
accordance with the Contract Documents or if CONTRACTOR fails to comply with any other
provision of the Contract Documents, OWNER may, after seven(7)days' written notice to
Project No.052511256.0004 00800—Page 6 of 24 SUPPLEMENTARY CONDITIONS
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies
under this Paragraph, OWNER shall proceed expeditiously. In connection with such corrective and
remedial action, OWNER may exclude CONTRACTOR from all or part of the site,take possession
of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of
CONTRACTOR's tools, appliances, construction equipment, and machinery at the site and
incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid
CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's
representatives, agents and employees, OWNER's other contractors, and ENGINEER and
ENGINEER's Consultants access to the site to enable OWNER to exercise the rights and remedies
under this Paragraph. All claims, costs, losses, and damages incurred or sustained by OWNER in
exercising such rights and remedies will be charged against CONTRACTOR and a Change Order
will be issued incorporating the necessary revisions in the Contract Documents with respect to the
Work. OWNER shall be entitled to an appropriate decrease in the Contract Price, and,if the parties
are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in
Article 7. Such claims, cost, losses, and damages will include,but not be limited to, all costs of
repair or replacement of work of others destroyed or damaged by correction,removal, or replacement
of CONTRACTOR's Defective Work, EVEN IF SUCH CLAIMS,COSTS,LOSSES,OR
DAMAGES ARE DUE TO THE NEGLIGENCE,OTHER FAULT,STRICT LIABILITY
WITHOUT REGARD TO FAULT BREACH OF CONTRACT,OR BREACH OF
WARRANTY OF OTHERS,INCLUDING OWNER,OWNER's REPRESENTATIVES,
AGENTS OWNER's OTHER CONTRACTORS,AND,TO THE EXTENT ALLOWED BY
LAW,ENGINEER OR ENGINEER's CONSULTANTS. CONTRACTOR shall not be allowed
an extension of the Contract Times (or Milestones)because of any delay in the performance of the
Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder.
ARTICLE 3 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER
SC-3 Add the following paragraphs:
3.08. Determinations for Unit Prices
ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by
CONTRACTOR. ENGINEER will review with CONTRACTOR the ENGINEER's preliminary
determinations on such matters before rendering a written decision thereon(by recommendation of
an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and
binding upon the OWNER and the CONTRACTOR, unless, within ten(10)days after the date of any
such decision, either the OWNER or the CONTRACTOR delivers to the other and to ENGINEER
written notice of intention to appeal from ENGINEER's decision and(i) an appeal from
ENGINEER's decision is taken within the time limits and in accordance with the procedures set forth
in Exhibit A, "Dispute Resolution Agreement," entered into between OWNER and CONTRACTOR
pursuant to Article 7, or(ii) if no such Dispute Resolution Agreement has been entered into, the
ENGINEER shall duly consider all facts presented and available and render a written decision within
thirty (30) days after OWNER or CONTRACTOR has delivered written notice to the ENGINEER.
The ENGINEER's written decision thereon will be binding upon OWNER and CONTRACTOR.
Such appeal will not be subject to the procedures of Paragraph 3.05 of the General Conditions.
Project No.052511256.0004 00800—Page 7 of 24 SUPPLEMENTARY CONDITIONS
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
(1"..\
3.09. Authorized Variations in Work
The ENGINEER may authorize minor variations in the Work from the requirements of the Contract
Documents which do not involve an adjustment in the Contract Price or the Contract Times and are
compatible with the design concept of the completed Project as a functioning whole as indicated by
the Contract Documents. These may be accomplished by a Field Order and will be binding on
OWNER and also on CONTRACTOR who shall perform the Work involved promptly. If OWNER
or CONTRACTOR believes that a Field Order justifies an adjustment in the Contract Price or the
Contract Times and the parties are unable to agree as to the amount or extent thereof, OWNER or
CONTRACTOR may make a written claim therefor as provided in Article 7.
3.10. Clarifications and Interpretations
ENGINEER will issue, with reasonable promptness, such written clarifications or interpretations of
the requirements of the Contract Documents (in the form of Drawings or otherwise)as the
ENGINEER may determine necessary, which shall be consistent with the intent of, and reasonably
inferable from, the Contract Documents. Such written clarifications and interpretations will be
binding on OWNER and CONTRACTOR. If OWNER or CONTRACTOR believes that a written
clarification or interpretation justifies an adjustment in the Contract Price or the Contract Time and
the parties are unable to agree to the amount or extent thereof,if any, OWNER or CONTRACTOR
may make a written claim therefor as provided in Article 7.
(7.6 ARTICLE 4 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR
SC-4 Add the following paragraphs:
4.05.1. Performance,Payment,and Other Bonds
4.05.1.1. CONTRACTOR shall furnish Performance and Payment Bonds, each in an amount
at least equal to the Contract Price, as security for the faithful performance and payment of
all of the CONTRACTOR's obligations under the Contract Documents. These Bonds shall
remain in effect at least until one(1)year after the date when the final payment becomes due,
or as provided otherwise by Laws or Regulations or by the Contract Documents.
CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary
Conditions. All Bonds shall be in the form prescribed by the Contract Documents except as
provided by such sureties as are named in the current list of"Companies Holding Certificates
of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring
Companies" as published in Circular 570 (amended)by the Audit Staff,Bureau of
Government Financial Operations, U.S.Treasury Department, and shall be in the form
prescribed by applicable Laws and Regulations. All Bonds signed by an agent must be
accompanied by a certified copy of such agent's authority to act.
4.05.1.2. If the surety on any Bond furnished by the CONTRACTOR is declared a bankrupt
or becomes insolvent or its right to do business is terminated in any state where any part of
the Project is located or it ceases to meet the requirements of Paragraph 4.05.1.1,
CONTRACTOR shall within ten(10) days thereafter substitute another Bond and surety,
both of which must be acceptable to the OWNER.
Project No.052511256.0004 00800—Page 8 of 24 SUPPLEMENTARY CONDITIONS
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
4.05.2. Licensed Sureties and Insurers; Certificates of Insurance
4.05.2.1 All Bonds and insurance required by the Contract Documents to be purchased and
maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance
companies that are duly licensed or authorized in the jurisdiction in the State of Texas to
issue Bonds or insurance policies for the limits and coverages so required. Such surety and
insurance companies shall also meet such additional requirements and qualifications as may
be provided in the Supplementary Conditions.
4.05.2.2. CONTRACTOR shall deliver to OWNER, with copies to each additional insured
identified in the Supplementary Conditions, Certificates of Insurance (and other evidence of
insurance requested by OWNER or any other additional insured) which the CONTRACTOR
is required to purchase and maintain in accordance with Paragraph 4.06.1. Each certificate
issued will contain waiver provisions in accordance with paragraph 4.06.4. OWNER shall
deliver to CONTRACTOR, with copies to each additional insured identified in the
Supplementary Conditions, Certificates of Insurance (and other evidence of insurance
requested by CONTRACTOR or any other additional insured)which OWNER is required to
purchase and maintain in accordance with Paragraph 4.06.3 hereof.
4.06.1. CONTRACTOR's Liability Insurance
CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for
the Work being performed and furnished and as will provide protection from claims set forth below
which may arise out of, or result from, CONTRACTOR's performance and furnishing of the Work
and CONTRACTOR's other obligations under the Contract Documents, whether it is to be
performed or furnished by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or
indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose
acts any of them may be liable:
4.06.1.1. claims under Workers' Compensation,disability benefits, and other similar employee
benefit acts;
4.06.1.2. claims for damages because of bodily injury, occupational sickness or disease, or
death of CONTRACTOR's employees;
4.06.1.3. claims for damages because of bodily injury, sickness or disease, or death of any
person other than CONTRACTOR's employees;
4.06.1.4. claims for damages insured by customary personal injury liability coverage which
are sustained: (i)by any person as a result of an offense directly or indirectly related to the
employment of such person by CONTRACTOR, or(ii)by any other person for any other
reason;
4.06.1.5. claims for damages, other than to the Work itself,because of injury to, or
destruction of, tangible property wherever located, including loss of use resulting therefrom;
and
4.06.1.6. claims for damages because of bodily injury or death of any person or property
damage arising out of the ownership, maintenance,or use of any motor vehicle.
Project No.052511256.0004 00800—Page 9 of 24 SUPPLEMENTARY CONDITIONS
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
The policies of insurance so required by this Paragraph 4.06 to be purchased and maintained
shall:
4.06.1.7. with respect to insurance required by Paragraphs 4.06.1.3 through 4.06.1.6
inclusive, include as additional insured(subject to any customary exclusion in respect of
professional liability)OWNER,ENGINEER, ENGINEER's Subconsultants, and any other
persons or entities identified in the Supplementary Conditions, all of whom shall be listed as
additional insureds, and include coverage for the respective officers and employees of all
such additional insureds;
4.06.1.8. include the specific coverages and be written for not less than the limits of liability
provided in the Supplementary Conditions or required by Laws or Regulations,whichever is
greater.
4.06.1.9. include completed operations insurance;
4.06.1.10. include contractual liability insurance covering CONTRACTOR's indemnity
obligations under Paragraph 4.06;
4.06.1.11. contain a provision or endorsement that the coverage afforded will not be
canceled,materially changed, or renewal refused until at least thirty (30) days,prior written
notice has been given to OWNER and CONTRACTOR and to each other additional insured
("6\ identified in the Supplementary Conditions to whom a Certificate of Insurance has been
issued(and the Certificates of Insurance furnished by CONTRACTOR pursuant to Paragraph
4.05.2 will so provide);
4.06.1.12. remain in effect at least until the final payment and at all times thereafter when
CONTRACTOR may be correcting,removing, or replacing Defective Work in accordance
with Paragraph 6.11 and
4.06.1.13. with respect to Completed Operations Insurance, and any insurance coverage
written on a claims-made basis,remain in effect for at least two (2)years after final payment
(and CONTRACTOR shall furnish the OWNER and each other additional insured identified
in the Supplementary Conditions to whom a Certificate of Insurance has been issued
evidence satisfactory to OWNER and any such additional insured of continuation of such
insurance at final payment and one(1)year thereafter).
4.06.2. OWNER's Liability Insurance
In addition to the insurance required to be provided by CONTRACTOR under Paragraph 4.06.1,
OWNER, at OWNER's option, may purchase and maintain at OWNER's expense OWNER's own
liability insurance as will protect OWNER against claims which may arise from operations under the
Contract Documents.
4.06.3. Property Insurance
(16\ 4.06.3.1 Unless otherwise provided in the Supplementary Conditions, OWNER shall
purchase and maintain property insurance upon the Work at the site in the amount of the full
replacement cost thereof(subject to such deductible amounts as may be provided in the
Supplementary Conditions or required by Laws and Regulations). This insurance shall:
Project No.052511256.0004 00800—Page 10 of 24 SUPPLEMENTARY CONDITIONS
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
4.06.3.1.1. include the interests of OWNER, CONTRACTOR,
Subcontractors,ENGINEER, ENGINEER's Subconsultants, and any other
persons or entities identified in the Supplementary Conditions, each of whom
is deemed to have an insurable interest and shall be listed as an insured or
additional insured;
4.06.3.1.2.be written on a Builder's Risk"All-Risk"or Open Peril or Special
Causes of Loss policy form that shall at least include insurance for physical loss
or damage to the Work,temporary building,falsework,and Work in transit and
shall insure against at least the following perils: fire,lightning,extended
coverage,theft,vandalism and malicious mischief,earthquake,collapse,debris
removal,demolition occasioned by enforcement of Laws and Regulations, water
damage, and such other perils as may be specifically required by the
Supplementary Conditions;
4.06.3.1.3. include expenses incurred in the repair or replacement of any
insured property(including but not limited to fees and charges of engineers
and architects);
4.06.3.1.4. cover materials and equipment stored at the site or at another
location that was agreed to in writing by OWNER prior to being incorporated
in the Work,provided that such materials and equipment have been included
in an Application for Payment recommended by ENGINEER; and
4.06.3.1.5.be maintained in effect until final payment is made unless
otherwise agreed to in writing by OWNER, CONTRACTOR and
ENGINEER with thirty(30)days' written notice to each other additional
insured to whom a Certificate of Insurance has been issued.
4.06.3.2. OWNER shall purchase and maintain such Boiler and Machinery Insurance or
additional property insurance as may be required by the Supplementary conditions or Laws
and Regulations which will include the interests of OWNER, CONTRACTOR,
Subcontractors,ENGINEER,ENGINEER's Consultants, and any other persons or entities
identified in the Supplementary Conditions, each of whom is deemed to have an insurable
interest and shall be listed as an insured or additional insured.
4.06.3.3. All the policies of insurance(and the certificates or other evidence thereof)
required to be purchased and maintained by OWNER in accordance with Paragraphs 4.06.3.1
and 4.06.3.2 will contain a provision or endorsement that the coverage afforded will not be
canceled or materially changed or renewal refused until at least thirty(30) days' prior written
notice has been given to OWNER and CONTRACTOR and to each other additional insured
to whom a Certificate of Insurance has been issued and will contain waiver provisions in
accordance with Paragraph 4.06.4.
4.06.3.4. OWNER shall not be responsible for purchasing and maintaining any property
insurance to protect the interests of CONTRACTOR, Subcontractors or others in the Work to
Climb\ the extent of any deductible amounts that are identified in the Supplementary Conditions.The
risk of loss within such identified deductible amount will be borne by CONTRACTOR,
Subcontractor, or others suffering any such loss, and if any of them wishes property
Project No.052511256.0004 00800—Page 11 of 24 SUPPLEMENTARY CONDITIONS
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
rib\
insurance coverage within the limits of such amounts, each may purchase and maintain it at
the purchaser's own expense.
4.06.3.5. If CONTRACTOR requests in writing that other special insurance be included in the
property insurance policies provided under Paragraph 5.5.1 or 5.5.2, OWNER shall,if possible,
include such insurance, and the cost thereof will be charged to CONTRACTOR by appropriate
Change Order or Written Amendment. Prior to commencement of the Work at the site,
OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been
procured by OWNER.
4.06.4. Waiver of Rights
4.06.4.1. OWNER and CONTRACTOR intend that all policies purchased in accordance with
Paragraphs 4.05.2.1, 4.05.2.2, 4.06.3.1, and 4.06.3.2 will protect OWNER, CONTRACTOR,
Subcontractors,ENGINEER,ENGINEER's Subconsultants, and all other persons or entities
identified in the Supplementary Conditions to be listed as insureds or additional insureds in
such policies and will provide primary coverage for all losses and damages caused by the
perils covered thereby. All such policies shall contain provisions to the effect that in the
event of payment of any loss or damage, the insurers will have no rights of recovery against
any of the insureds or additional insureds thereunder. OWNER and CONTRACTOR waive
all rights against each other and their respective officers, directors, employees and agents for
all losses and damages caused by, arising out of, or resulting from, any of the perils covered
by such policies and any other property insurance applicable to the Work; and, in addition,
waive all such rights against Subcontractors,ENGINEER,ENGINEER's Consultants, and all
other persons or entities identified in the Supplementary Conditions to be listed as insureds or
additional insureds under such policies for losses and damages so cause. None of the above
waivers shall extend to the rights that any party making such waiver may have to the
proceeds of insurance held by OWNER as trustee or otherwise payable under any policy so
issued.
4.06.4.2. In addition, OWNER waives all rights against CONTRACTOR, Subcontractors,
ENGINEER,ENGINEER's Subconsultants, and the officers, directors, employees, and
agents of any of them, for:
4.06.4.2.1. loss due to interruption;loss of use, or other consequential loss
extending beyond direct physical loss or damage to OWNER's property or
the Work caused by, arising out of, or resulting from, fire or other peril,
whether or not insured by OWNER; and
4.06.4.2.2. loss or damage to the completed Project or part thereof caused by,
arising out of, or resulting from, fire or other insured peril covered by any
property insurance maintained on the completed Project or part thereof by
OWNER during partial utilization pursuant to Paragraph 6.07, after
substantial completion pursuant to Paragraph 6.16, or after final payment
�'` pursuant to Paragraph 6.11.
� Any insurance policy maintained by OWNER covering any loss, damage, or consequential
loss referred to in this Paragraph 4.06.4.2 shall contain provisions to the effect that in the
event of payment of any such loss,damage, or consequential loss, the insurers will have no
Project No.052511256.0004 00800—Page 12 of 24 SUPPLEMENTARY CONDITIONS
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
rights of recovery against any of CONTRACTOR, Subcontractors,ENGINEER,
ENGINEER's Consultants, and the officers, directors, employees and agents of any of them.
4.06.5. Receipt and Application of Insurance Proceeds
4.06.5.1. Any insured loss under the policies of insurance required by Paragraph 4.06.3 will
be adjusted with OWNER and made payable to OWNER subject to the requirements of any
applicable mortgage clause and of Paragraph 4.06.5.2. OWNER shall deposit in a separate
account any money so received and shall distribute it in accordance with such agreement as
the parties in interest may reach. If no other special agreement is reached, the damaged Work
shall be repaired or replaced, the moneys so received applied on account thereof, and the
Work and the cost thereof covered by an appropriate Change Order or Written Amendment.
4.06.5.2. OWNER shall have power to adjust and settle any loss with the insurers unless one
of the parties in interest shall object in writing within fifteen(15)days after the occurrence of
loss to OWNER's exercise of this power. If such objection be made, OWNER shall make
settlement with the insurers in accordance with such agreement as the parties in interest may
reach. If no such agreement among the parties in interest is reached, OWNER shall adjust
and settle the loss with the insurers and,if required in writing by any party in interest,
OWNER shall give a bond for the proper performance of such duties.
4.06.6. Acceptance of Bonds and Insurance; Option to Replace
("I')
If either party(OWNER or CONTRACTOR)has any objection to the coverage afforded by or
provisions of the Bonds or insurance required to be purchased and maintained by the other party in
accordance with Paragraph 4.06 on the basis of nonconformance with the Contract Documents, the
objecting party shall so notify the other party in writing within ten (10) days after receipt of the
certificates (or other evidence requested). OWNER and CONTRACTOR shall each provide to the
other such additional information in respect of insurance provided as the other may reasonably
request. If either party does not purchase or maintain all of the Bonds and insurance required of such
party by the Contract Documents, such party shall notify the other party in writing of such failure to
purchase prior to the start of the Work, or of such failure to maintain prior to the start of the Work, or
of such failure to maintain prior to any change in the required coverage. Without prejudice to any
other right or remedy, the other party may elect to obtain equivalent Bonds or insurance to protect
such other parry's interests at the expense of the party who was required to provide such coverage,
and a Change Order shall be issued to adjust the Contract Price accordingly.
4.06.7. Partial Utilization—Property Insurance
If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial
Completion of all the Work, such use or occupancy may be accomplished in accordance with
Paragraph 6.07 provided that no such use or occupancy shall commence before the insurers providing
the property insurance have acknowledged notice hereof and in writing effected any changes in
coverage necessitated thereby. The insurers providing the property insurance shall consent by
endorsement on the policy or policies, but the property insurance shall not be canceled or permitted
to lapse on account of any such partial use or occupancy.
Project No.052511256.0004 00800—Page 13 of 24 SUPPLEMENTARY CONDITIONS
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
("b\
4.30. Substitutes and"Or-Equal"Items
4.30.1. Whenever an item of material or equipment is specified or described in the Contract
Documents by using the name of a proprietary item or the name of a particular Supplier, the
specification or description is intended to establish the type, function, and quality required. Unless
the specification or description contains or is followed by words reading that no like, equivalent or
"or-equal"item, or no substitution is permitted, other items of material or equipment or material or
equipment of other Suppliers may be accepted by ENGINEER under the following circumstances:
4.30.1.1. "Or-Equal": If, in ENGINEER's sole discretion, an item of material or equipment
proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so
that no change in related Work will be required,it may be considered by ENGINEER as an
"or-equal"item,in which case review and approval of the proposed item may, in
ENGINEER's sole discretion,be accomplished without compliance with some or all of the
requirements for acceptance of proposed substitute items.
4.30.1.2. Substitute Items: If, in ENGINEER's sole discretion, an item of material or
equipment proposed by CONTRACTOR does not qualify as an"or-equal" item under
subparagraph 4.30.1.1, it will be considered a proposed substitute item. CONTRACTOR
shall submit sufficient information as provided below to allow ENGINEER to determine that
the item of material or equipment proposed is essentially equivalent to that named and an
acceptable substitute therefor. The procedure for review by the ENGINEER will include the
following as supplemented in the General Requirements and as ENGINEER may decide is
appropriate under the circumstances. Requests for review of proposed substitute items of
material or equipment will not be accepted by ENGINEER from anyone other than
CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or
equipment, CONTRACTOR shall first make written application to ENGINEER for
acceptance thereof,certifying that the proposed substitute will perform adequately the
functions and achieve the results called for by the general design and be similar in substance
to that specified. The application will state the extent, if any, to which the evaluation and
acceptance of the proposed substitute will prejudice CONTRACTOR's achievement of
Substantial Completion on time, whether or not acceptance of the substitute for use in the •
Work will require a change in any of the Contract Documents (or in the provisions of any
other direct contract with OWNER for work on the Project)to adapt the design to the
proposed substitute, and whether or not incorporation or use of the substitute in connection
with the Work is subject to payment of any license fee or royalty. All variations of the
proposed substitute from that specified will be identified in the application and available
maintenance and repair and replacement service will be indicated. The application also will
contain an itemized estimate of all costs or credits that will result directly or indirectly from
acceptance of such substitute including costs of redesign and claims of other contractors
affected by the resulting change, all of which will be considered by ENGINEER in
evaluating the proposed substitute. ENGINEER may require CONTRACTOR to furnish
additional data about the proposed substitute.
4.30.1.3. CONTRACTOR's Expense: All data to be provided by CONTRACTOR in support
(1116 of any proposed"or-equal" or substitute item will be at CONTRACTOR's expense.
4.30.2. Substitute Construction Methods or Procedures: If a specific means,method, technique,
sequence, or procedure of construction is shown or indicated in, and expressly required by, the
Project No.052511256.0004 00800—Page 14 of 24 SUPPLEMENTARY CONDMONS
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
Contract Documents, CONTRACTOR may furnish or utilize a substitute means,methods, technique,
sequence, or procedure or construction acceptable to ENGINEER. CONTRACTOR shall submit
sufficient information to allow ENGINEER, in ENGINEER's sole discretion, to determine that the
substitute proposed is equivalent to that expressly called for by the Contract Documents. The
procedure for review by ENGINEER will be similar to that provided in subparagraph 4.30.1.2.
4.30.3. Engineer's Evaluation: ENGINEER will be allowed a reasonable time within which to
evaluate each proposal or submittal to be pursuant to Paragraphs 4.30.1.2 and 4.30.2. ENGINEER
will be the sole judge of acceptability. No "or-equal" or substitute will be ordered, installed, or
utilized without ENGINEER's prior written acceptance, which will be evidenced by either a Change
Order or an approved Shop Drawing. OWNER may require CONTRACTOR to furnish at
CONTRACTOR's expense a special performance guarantee or other surety with respect to any"or-
equal" or substitute. ENGINEER will record time required by ENGINEER and ENGINEER's
Consultants in evaluating substitutes proposed or submitted by CONTRACTOR pursuant to
Paragraphs 4.30.1.2 and 4.30.2 and in making changes in the Contract Documents (or in the
provisions of any other direct contract with OWNER for work on the Project)occasioned thereby.
Whether or not ENGINEER accepts a substitute item so proposed or submitted by CONTRACTOR,
CONTRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's
Consultants for evaluating each such proposed substitute item.
4.31. Emergencies
In emergencies affecting the safety or protection of persons or the Work or property at the site or
adjacent thereto, CONTRACTOR, without special instruction or authorization from OWNER or
ENGINEER,is obligated to act promptly, efficiently and reasonably to prevent threatened damage,
injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR
believes that any significant changes in the Work or variations from the Contract Documents have
been caused thereby. If ENGINEER determines that a change in the Contract Documents is required
because of the action taken by CONTRACTOR in response to such an emergency, a Work Change
Directive or Change Order will be issued to document the consequences of such action.
4.32. Before Starting Construction
4.32.1. Within ten (10)days after the Effective Date of the Agreement and before any work at the
site is started(unless otherwise specified in the General Requirements), CONTRACTOR shall
submit to ENGINEER for review:
4.32.1.1. a preliminary progress schedule indicating the times (numbers of days or dates)for
starting and completing the various stages of the Work, including any Milestones specified in
the Contract Documents;
4.32.1.2. a preliminary schedule of Shop Drawing and Sample submittals which will list
each required submittal and the times for submitting,reviewing, and processing such
submittal as further described in detail in Specification Section 01300 Submittals.
4.32.1.3. a preliminary schedule of values for all of the Work which will include quantities
and prices of items aggregating the Contract Price and will subdivide the Work into
component parts in sufficient detail to serve as the basis for progress payments during
Project No.052511256.0004 00800—Page 15 of 24 SUPPLEMENTARY CONDITIONS
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
construction. Such prices will include an appropriate amount of overhead and profit
applicable to each item of Work.
4.32.2. Before any Work at the site is started, CONTRACTOR and OWNER shall each deliver to the
other, with copies to each additional insured identified in the Supplementary Conditions, certificates
of insurance (and other evidence of insurance which either of them or any additional insured may
reasonably request) which CONTRACTOR and OWNER respectively are required to purchase and
maintain in accordance with Paragraphs 4.05 and 4.06.
4.33. Initially Acceptable Schedules
Unless otherwise provided in the Contract Documents, at least ten(10) days before submission of the
first Application for Payment, a conference attended by CONTRACTOR, ENGINEER, and others as
appropriate will be held to review for acceptability to ENGINEER as provided below the schedules
submitted in accordance with Paragraph 4.32.1. CONTRACTOR shall have an additional
ten (10) days to make corrections and adjustments and to complete and resubmit the schedules. No
progress payment shall be made to CONTRACTOR until the schedules are submitted to and
acceptable to ENGINEER as provided below. The progress schedule shall provide for an orderly
progression of the Work to completion within any specified Milestones and the Contract Times. Any
acceptance of the progress schedule by ENGINEER will neither impose on ENGINEER
responsibility for the sequencing, scheduling, or progress of the Work, nor interfere with,nor relieve
CONTRACTOR from, CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule
of Shop Drawing and Sample submissions shall provide for a workable arrangement for reviewing
and processing the required submittals. CONTRACTOR's schedule of values shall be acceptable to
ENGINEER as to form and substance.
4.34. Safety and Protection
4.34.1. CONTRACTOR shall be responsible for initiating, maintaining, and supervising all safety
precautions and programs in connection with the Work. CONTRACTOR shall take all necessary
precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or
loss to:
4.34.1.1. all persons on the Work site or who may be affected by the Work;
4.34.1.2. all the Work and materials and equipment to be incorporated therein,whether in
storage on or off the site; and
4.34.1.3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements,roadways, structures, utilities and Underground Facilities not designated for
removal,relocation, or replacement in the course of construction.
4.34.2. CONTRACTOR shall comply with all applicable Laws and Regulations of any public body
having jurisdiction for safety of persons or property or to protect them from damage, injury or loss;
and shall erect and maintain all necessary safeguards for such safety and protection.
(411.1 CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility
owners when prosecution of the Work may affect them, and shall cooperate with them in the
protection,removal,relocation, and replacement of their property. All damage, injury or loss to any
property referred to in Paragraph 4.34.1.2 or 4.34.1.3 caused, directly, or indirectly, in whole or in
Project No.052511256.0004 00800—Page 16 of 24 SUPPLEMENTARY CONDITIONS
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
part,by CONTRACTOR, any Subcontractor, Supplier, or any other person or organization directly
or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose
acts any of them may be liable, shall be remedied by CONTRACTOR,EVEN IF DUE IN PART
TO THE CONCURRENT NEGLIGENCE,OTHER FAULT,STRICT LIABILITY
WITHOUT REGARD TO FAULT, OR BREACH OF CONTRACT OF OWNER,
ENGINEER,ENGINEER's SUBCONSULTANTS OR ANYONE EMPLOYED BY ANY OF
THEM,OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE,EXCEPT
DAMAGE OR LOSS SOLELY ATTRIBUTABLE TO THE FAULT OF DRAWINGS OR
SPECIFICATIONS OR TO THE ACTS OR OMISSIONS OF OWNER OR ENGINEER OR
ENGINEER'S SUB CONSULTANT OR ANYONE EMPLOYED BY ANY OF THEM OR
ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE,AND NOT
ATTRIBUTABLE,DIRECTLY OR INDIRECTLY,IN WHOLE OR IN PART,TO THE
FAULT OR NEGLIGENCE OF CONTRACTOR OR ANY SUBCONTRACTOR,SUPPLIER
OR OTHER PERSON OR ORGANIZATION DIRECTLY OR INDIRECTLY EMPLOYED
BY ANY OF THEM. CONTRACTOR's duties and responsibilities for safety and for protection of
the Work shall continue until such time as all the Work is completed and ENGINEER has issued a
notice to OWNER and CONTRACTOR in accordance with Paragraph 14.9.1. that the Work is
acceptable (except as otherwise expressly provided in connection with Substantial Completion).
ARTICLE 5 PROSECUTION AND PROGRESS
SC-5 Add the following paragraphs:
5.05. Commencement of Contract Times,Notice to Proceed
The Contract Times will automatically commence to run on the thirtieth(30th)day after the Effective
Date of the Agreement, or,if a Notice to Proceed is given, on the day indicated in the Notice to
Proceed, which date shall not, without the agreement of the CONTRACTOR,be later than the earlier
of ninety(90)days after the day of BID opening or thirty(30)days after the effective date of the
Agreement. A Notice to Proceed may be given at any time within thirty(30)days after the Effective
Date of the Agreement. Unless otherwise agreed to by the parties in writing,the Contract Times
shall not commence to run later than the ninetieth day after the day of BID opening or the
thirtieth (30th) day after the Effective Date of the Agreement, whichever date is earlier.
5.06 Change of Contract Times
5.06.1 Claim for Adjustment
The Contract Times (or Milestones)may only be changed by a Change Order. Any claim for an
adjustment of the Contract Times (or Milestones) shall be based on written notice delivered by the
party making the claim to the other party and to ENGINEER promptly(but in no event later than
thirty [30] days) after the occurrence of the event giving rise to the claim and stating the general
nature of the claim. Notice of the extent of the claim, with supporting data, shall be delivered within
sixty (60) days after such occurrence(unless ENGINEER allows an additional period of time to
ascertain more accurate data in support of the claim)and shall be accompanied by the claimant's
written representation that the adjustment claimed is the entire adjustment to which the claimant has
reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in
the Contract Times (or Milestones) shall be determined by ENGINEER,in accordance with
Paragraph 3.05, if OWNER and CONTRACTOR cannot otherwise agree. No claim for an
Project No.052511256.0004 00800—Page 17 of 24 SUPPLEMENTARY CONDITIONS
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
adjustment in the Contract Times (or Milestones)will be valid if not submitted in accordance with
the requirements of this Paragraph 5.06.1. CONTRACTOR must submit, as a minimum,the
following supporting data:
5.06.1.1. Information showing that time requested is not included in the existing Contract
and is an addition to the Contract.
5.06.1.2. Information documenting that the number of days requested is accurate for the
event.
5.06.1.3. Revised, current construction schedule showing that the time requested affects the
project's critical path.
5.06.2. Time of the Essence
All time limits stated in the Contract Documents are of the essence of the Agreement.
5.06.3. Delays Beyond CONTRACTOR's Control
Where CONTRACTOR is prevented from completing any part of the Work within the Contract
Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or
Milestones) will be extended in an amount equal to the time lost due to such delay if a claim is made
therefor as provided in Paragraph 5.06.1. Delays beyond the control of CONTRACTOR shall
include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other
contractors performing other work as contemplated by Paragraphs 7.1 and 7.2 of these Supplemental
General Conditions,Fires, Floods, Epidemics, or Acts of God. Delays attributable to, and within the
control of, a Subcontractor or Supplier shall be deemed to be delays within the control of
CONTRACTOR. An extension to the Contract Times shall be CONTRACTOR's sole and exclusive
remedy for any such delays.
5.06.4. Delays Beyond OWNER's and CONTRACTOR's Control
Where CONTRACTOR is prevented from completing any part of the Work within the Contract
Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an
extension of the Contract Times (or Milestones)in an amount equal to the time lost due to such delay
shall be CONTRACTOR's sole and exclusive remedy for such delay. CONTRACTOR shall not be
entitled to any increase in Contract Price as a result of such delay. IN NO EVENT SHALL
OWNER BE LIABLE TO CONTRACTOR,ANY SUBCONTRACTOR,ANY SUPPLIER,
ANY OTHER PERSON OR ORGANIZATION,OR TO ANY SURETY FOR,OR
EMPLOYEE OR AGENT OF,ANY OF THEM,FOR DAMAGES ARISING OUT OF,OR
RESULTING FROM, (i)DELAYS CAUSED BY,OR WITHIN THE CONTROL OF,
CONTRACTOR,OR(ii)DELAYS BEYOND THE CONTROL OF BOTH PARTIES
INCLUDING,BUT NOT LIMITED TO,FIRES,FLOODS,EPIDEMICS,ABNORMAL
WEATHER CONDITIONS,ACTS OF GOD,OR ACTS OR NEGLECT BY UTILITY
OWNERS OR OTHER CONTRACTORS PERFORMING OTHER WORK AS
C.7 CONTEMPLATED BY PARAGRAPH 2.10. EVEN IF SUCH DELAYS ARE DUE IN PART
TO THE NEGLIGENCE, OTHER FAULT,BREACH OF CONTRACT OR WARRANTY,
VIOLATION OF THE TEXAS DECEPTIVE TRADE PRACTICES ACT,OR STRICT
LIABILITY WITHOUT REGARD TO FAULT OF OWNER.
Project No.052511256.0004 00800—Page 18 of 24 SUPPLEMENTARY CONDITIONS
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
ARTICLE 6 MEASUREMENT AND PAYMENT
SC-6 Add the following paragraphs:
6.14. CONTRACTOR's Warranty of Title
CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by
any Application for Payment, whether incorporated in the Project or not,will pass to OWNER no
later than the time of payment and free and clear of all Liens.
6.15. Review of Applications for Progress Payment
6.15.1. ENGINEER will, within ten(10)days after receipt of each Application for Payment, either
indicate in writing a recommendation of payment and present the Application to OWNER, or return
the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to
recommend payment. In the latter case, CONTRACTOR may make the necessary corrections and
resubmit the Application. Ten(10) days after presentation of the Application for Payment to
OWNER with ENGINEER's recommendation, the amount recommended by ENGINEER,less
amounts withheld by OWNER pursuant to Paragraph 6.15.4, will become due and when due will be
paid by OWNER to CONTRACTOR.
6.15.2. ENGINEER's recommendation of any payment requested in an Application for Payment will
(006LN constitute a representation by ENGINEER to OWNER,based on ENGINEER's on-site observations
of the executed Work as an experienced and qualified design professional and on ENGINEER's
review of the Application for Payment and the accompanying data and schedules, that to the best of
ENGINEER's knowledge, information and belief:
6.15.2.1. the Work has progressed to the point indicated,
6.15.2.2. the quality of the Work is generally in accordance with the Contract Documents
(subject to an evaluation of the Work as a functioning whole prior to or upon Substantial
Completion, to the results of any subsequent tests called for in the Contract Documents, to a
final determination of quantities and classifications for Unit Price Work under Paragraph 9.8,
and to any other qualifications stated in the recommendation), and
6.15.2.3. the conditions precedent to CONTRACTOR's being entitled to such payment appear
to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work.
However,by recommending any such payment ENGINEER will not thereby be deemed to
have represented that: (i) exhaustive or continuous on-site inspections have been made to
check the quality or the quantity of the Work beyond the responsibilities specifically assigned
to ENGINEER in the Contract Documents or(ii)that there may not be other matters or issues
between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or
entitle OWNER to withhold payment to CONTRACTOR.
(11.‘\ 6.15.3. ENGINEER's recommendations of any payment, including final payment, shall not mean
that ENGINEER is responsible for, and shall not relieve CONTRACTOR from, its responsibility for
CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, or the
safety precautions or procedures of construction, or the safety precautions and programs incident
thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the
Project No.052511256.0004 00800—Page 19 of 24 SUPPLEMENTARY CONDITIONS
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
(1'\.
furnishing or performance of Work, or for any failure of CONTRACTOR to perform or furnish
Work in accordance with the Contract Documents or that ENGINEER is representing that
CONTRACTOR has complied with Laws and Regulations or performed or furnished the work in
accordance with the Contract Documents.
6.15.4. ENGINEER may refuse to recommend the whole or any part of payment if, in ENGINEER's
opinion, it would be incorrect to make the representations to OWNER referred to in Paragraph 6.05.
ENGINEER may also refuse to recommend any such payment, or, because of subsequently
discovered evidence or the results of subsequent inspections or tests,nullify any such payment
previously recommended, to such extent as may be necessary in ENGINEER's opinion to protect
OWNER from loss because:
6.15.4.1. the Work is Defective, or completed Work has been damaged requiring correction
or replacement,
6.15.4.2. the Contract price has been reduced by Written Amendment or Change Order,
6.15.4.3. OWNER has been required to correct Defective Work or complete Work in
accordance with Paragraph 2.70, or
6.15.4.4. ENGINEER has actual knowledge of the occurrence of any of the events
enumerated in Paragraphs 8.04 through 8.05 inclusive.
(1.1.N1
OWNER may refuse to make payment of the full amount recommended by ENGINEER because:
6.15.4.5. claims have been made against OWNER on account of CONTRACTOR's
performance or furnishing of the Work.
6.15.4.6. Notices of intent to file liens have been sent to OWNER or Liens have been filed in
connection with the Work, except where CONTRACTOR has delivered a specific Bond
satisfactory to OWNER to secure the satisfaction and discharge of such Liens,
6.15.4.7. there are other items entitling OWNER to a set-off against the amount
recommended, or
6.15.4.8. OWNER has actual knowledge of the occurrence of any of the events enumerated
in Paragraphs 6.15.4.1 through 6.15.4.3 or Paragraphs 8.04.1.1 through 8.04.1.4 inclusive;
but OWNER must give CONTRACTOR immediate written notice(with a copy to ENGINEER)
stating the reasons for such action and promptly pay CONTRACTOR the amount so withheld, or any
adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to
OWNER's satisfaction the reasons for such action. Any amount not recommended for payment by
ENGINEER or approved for payment by OWNER pursuant to this Paragraph 6.15.4 shall not be due
to CONTRACTOR and shall not be subject to interest pursuant to Article 4 of the Agreement or
other wise under the Contract Document.
•
6.16. Substantial Completion
6.16.1. When CONTRACTOR considers the entire Work ready for its intended use,
CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is
Project No.052511256.0004 00800—Page 20 of 24 SUPPLEMENTARY CONDITIONS
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and
shall request that ENGINEER issue a certificate of Substantial Completion. Within a reasonable
time thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work
to determine the status of completion. If ENGINEER does not consider the Work substantially
complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If
ENGINEER considers the Work substantially complete,ENGINEER will prepare and deliver to
OWNER a tentative certificate of Substantial Completion. There shall be attached to the certificate a
tentative list of items to be completed or corrected before final payment. OWNER shall have
seven (7)days after receipt of the tentative certificate to make written objection to ENGINEER as to
any provisions of the certificate or attached list. If, after considering such objections,ENGINEER
concludes that the Work is not substantially complete,ENGINEER will, within fourteen(14)days
after submission of the tentative certificate to OWNER,notify CONTRACTOR in writing, stating
the reasons ENGINEER believes the work is not substantially complete. If, after consideration of
OWNER's objections,ENGINEER considers the Work substantially complete,ENGINEER will,
within said fourteen(14) days, execute and deliver to OWNER and CONTRACTOR a definitive
certificate of Substantial Completion(with a revised tentative list of items to be completed or
corrected),reflecting such changes from the tentative certificate as ENGINEER believes justified
after consideration of any objections from OWNER. At the time of delivery of the tentative
certificate of Substantial Completion,ENGINEER will deliver to OWNER and CONTRACTOR a
written recommendation as to division of responsibilities pending final payment between OWNER
and CONTRACTOR with respect to security, operation, safety,maintenance,heat,utilities,
(1.16) insurance, and warranties and guarantees. Unless OWNER and CONTRACTOR agree otherwise in
writing and so inform ENGINEER in writing prior to ENGINEER's issuing the definitive certificate
of Substantial Completion, ENGINEER's aforesaid recommendation will be binding on OWNER
and CONTRACTOR until final payment.
6.16.2. OWNER shall have the right to exclude CONTRACTOR from the Work after the date of
Substantial Completion,but OWNER shall allow CONTRACTOR reasonable access to complete or
correct items on the tentative list used until final acceptance. CONTRACTOR shall complete or
correct such items in a diligent and expeditious manner.
6.17. Waiver of Claims
The making and acceptance of final payment will constitute:
6.17.1. a waiver of all claims by OWNER against CONTRACTOR,except claims arising from
unsettled Liens, from Defective Work appearing after final inspection pursuant to Paragraph 6.08,
from failure to comply with the Contract Documents or the terms of any special guarantees specified
therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and
6.17.2. a waiver of all claims by CONTRACTOR against OWNER other than those previously made
in writing and still unsettled.
ARTICLE 7 EXTRA WORK AND CLAIMS
SC-7 Add the following paragraphs:
Project No.052511256.0004 00800—Page 21 of 24 SUPPLEMENTARY CONDITIONS
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
(111.h.\
7.05. Amending and Supplementing Contract Documents
7.05.1. The Contract Documents may be amended to provide for additions, deletions, and revisions
in the Work or to modify the terms and conditions thereof in one or more of the following ways:
7.05.1.1. a formal written Amendment,
7.05.1.2. a Change Order(pursuant to Paragraph 7.01), or
7.05.1.3. a Work Change Directive.
7.05.2. In addition, the requirements of the Contract Documents may be supplemented, and minor
variations and deviations in the Work may be authorized, in one or more of the following ways:
7.05.2.1. a Field Order(pursuant to Paragraph 3.09),
7.05.2.2. ENGINEER's written interpretation or clarification (pursuant to Paragraph 3.10).
7.06. Unit Price Work
7.06.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,
initially the Contract Price will be deemed to include, for all Unit Price Work, an amount equal to the
sum of the established unit price for each separately identified item of Unit Price Work times the
estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of
Unit Price Work are not guaranteed and are solely for the purpose of comparison of bids and
determining an initial Contract Price. Determinations of the actual quantities and classifications of
Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accordance with
Paragraph 3.1. CONTRACTOR represents that its profits are not based upon the estimated quantities
of Unit Price Work and agrees that neither ENGINEER nor OWNER shall be liable to -
CONTRACTOR if the actual amount of Unit Price Work differs from the estimated quantities of
Unit Price Work, even if OWNER or CONTRACTOR was negligent in making such estimates.
7.06.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be
adequate to cover CONTRACTOR's overhead and profit for each separately identified item.
7.06.3. OWNER or CONTRACTOR may make a claim for an adjustment in the Contract Price in
accordance with Article 7 if:
7.06.3.1. The quantity of any item of Unit Price Work performed by CONTRACTOR differs
by more than twenty-five (25)percent(over or under)from the estimated quantity of such
item indicated in the Agreement; and
7.06.3.2. There is no corresponding adjustment with respect to any other item of Work; and
7.06.3.3. If CONTRACTOR believes that CONTRACTOR is entitled to an increase in
Contract Price ng rred aWNER able belito that
OWNER is entitledasa to aresult decreaseofhavi in Coincuntract Price anddditional theexpense partiesor are un agreeeves as to
the amount of any such increase or decrease.
Project No.052511256.0004 00800—Page 22 of 24 SUPPLEMENTARY CONDmONS
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
ARTICLE 8 ABANDONMENT OF CONTRACT
SC-8 Add the following paragraphs:
8.04. OWNER May Suspend Work
At any time and without cause, OWNER may suspend the Work or any portion thereof for a period
of not more than ninety(90)days by notice in writing to CONTRACTOR and ENGINEER which
will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the
date so fixed. CONTRACTOR shall be allowed an adjustment in the Contract Price or an extension
of the Contract Times, or both, directly attributable to any such suspension if CONTRACTOR makes
an approved claim therefor as provided in Article 5.
8.05. OWNER May Terminate
8.05.1. Upon the occurrence of any one or more of the following events:
8.05.1.1. if, in the opinion of OWNER, CONTRACTOR persistently fails to perform the
Work in accordance with the Contract Documents (including, but not limited to,failure to
supply a sufficient number of or sufficiently skilled workers or suitable materials or
equipment or failure to adhere to the progress schedule established under Paragraph 4.33 as
( adjusted from time to time pursuant to Article 4);
8.05.1.2. if CONTRACTOR disregards Laws or Regulations of any public body having
jurisdiction over the project, the work of CONTRACTOR's performance of the work;
8.05.1.3. if CONTRACTOR disregards the authority of ENGINEER; or
8.05.1.4. if CONTRACTOR otherwise violates, in any substantial way, any provisions of the
Contract Documents;
OWNER may, after giving CONTRACTOR(and the surety,if any) seven(7) days' written notice,
and, to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR,
exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's
tools, appliances, construction equipment, and machinery at the site and use the same to the full
extent they could be used by CONTRACTOR(without liability to CONTRACTOR for trespass or
conversion), incorporate in the Work all materials and equipment stored at the site or for which
OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER
may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further
payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims,
costs, losses, and damages sustained by OWNER arising out of, or resulting from,completing the
Work, such excess will be paid to CONTRACTOR. If such claims, costs,losses, and damages
exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims,
costs, losses, and damages incurred by OWNER will be reviewed by ENGINEER as to their
reasonableness, and, when so approved by ENGINEER, incorporated into a Change Order,provided
(sibb) that when exercising any rights or remedies under this paragraph, OWNER shall not be required to
obtain the lowest price for the Work performed.
8.05.2. Where CONTRACTOR's services have been so terminated by OWNER, the termination will
not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may
Project No.052511256.0004 00800—Page 23 of 24 SUPPLEMENTARY CONDITIONS
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
(11.b\'
thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not
release CONTRACTOR from liability.
8.05.3. Upon seven (7)days' written notice to CONTRACTOR and ENGINEER, OWNER may,
without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the
Agreement. In such case, CONTRACTOR shall be paid(without duplication of any items):
8.05.3.1. For completed and acceptable Work executed in accordance with the Contract
Documents prior to the effective date of termination, including fair and reasonable sums for
overhead and profit on such Work;
8.05.3.2. For expenses sustained prior to the effective date of termination in performing
services and furnishing labor, materials, or equipment as required by the Contract Documents
in connection with uncompleted Work,plus fair and reasonable sums for overhead and profit
on such expenses;
8.05.3.3. For all claims, costs, losses, and damages incurred in settlement of terminated
contracts with Subcontractors, Suppliers, and others; and
8.05.3.4. For reasonable expenses directly attributable to termination.
CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other
economic loss arising out of, or resulting from, such termination. OWNER SHALL NOT BE
LIABLE TO CONTRACTOR FOR ANY LOSS OF ANTICIPATED PROFITS OR
REVENUE OR OTHER ECONOMIC LOSS ARISING OUT OF,OR RESULTING FROM,
SUCH TERMINATION,EVEN IF SUCH LOSS IS DUE TO THE NEGLIGENCE,OTHER
FAULT,BREACH OF CONTRACT OR WARRANTY,VIOLATION OF THE TEXAS
DECEPTIVE TRADE PRACTICES ACT,OR STRICT LIABILITY WITHOUT REGARD
TO FAULT OF OWNER.
END OF SECTION
Project No.052511256.0004 00800—Page 24 of 24 SUPPLEMENTARY CONDITIONS
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
SECTION 00811
WAGE SCALE FOR ENGINEERING CONSTRUCTION
1.01 In accordance with the Prevailing Wage law on Public Works (Article 5159-a of the Revised
Civil Statutes of Texas),the public body awarding the contract does hereby specify the
following to be the general prevailing rates in the locality in which the work is being
performed.
1.02 This prevailing wage rate does not prohibit the payment of more than the rates stated.
1.03 The wage scale for engineering construction is to be applied to all site work greater than
5 feet from an exterior wall of a new building under construction or from an exterior wall of
an existing building.
END OF SECTION
(1111'\,
Project No.052511256.0004 00811—Page 1 of 3 WAGE SCALE
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
Prevailing Wage Rates for Engineering Construction for Districts Located within Corporate
Boundaries or ETJ of City of Pearland and Brazoria County
Classification
.
Wage Rate
Asphalt Raker 8.28
Asphalt Shoveler 7.45
Batching Plant Weigher/Batching Plant Scaleman 11.11
Carpenter 10.35
Concrete Finisher Paving 9.87
Concrete Finisher Structures 9.86
Concrete Rubber 9.00
Electrician 16.15
Flagger 6.66
Form Builder Structures 9.96
Form Liner Paving&Curb 9.03
Form Setter Paving& Curb 8.86
Form Setter Structures 9.05
Laborer Common 7.45
Laborer Utility 8.53
Line person 7.50
(11....'; Manhole Builder Brick 8.49
Mechanic 11.38
Oiler 9.56
Servicer 9.51
Painter Structures 14.00
Piledriver 10.96
Pipe Layer 8.49
Asphalt Distributor 9.47
Asphalt Paving Machine 10.05
Broom or Sweeper Operator 8.01
Bulldozer 9.91
Concrete Curling Machine(see also Concrete Paving 8.80
Curling Machine)
Concrete Finishing Machine (see also Concrete Paving 11.79
Finishing Machine)
Concrete Joint Sealer(see also Concrete Paving 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
Project No.052511256.0004 00811-Page 2 of 3 WAGE SCALE
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
(11111
ClassilF cation
Wage Ra#e
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 Flat Wheel 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 Paving 12.50
Reinforcing Steel Setter Structures 12.47
Steel Worker Structural 10.35
Sign Erector 10.06
Spreader Box Operator 9.08
Work Zone Barricade 7.45
Sign 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
This prevailing Wage Rate Scale for Engineering Construction does not prohibit the payment to
workers of amounts greater than those specified herein.
Project No.052511256.0004 00811 —Page 3 of 3 WAGE SCALE
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
SECTION 01100
SUMMARY OF WORK
1.0 GENERAL
1.01 SECTION INCLUDES
Summary of the Work including Work by OWNER, OWNER furnished products,Work
sequence, future Work, CONTRACTOR use of Premises, and OWNER occupancy.
1.02 WORK COVERED BY CONTRACT DOCUMENTS
The Corrigan Ditch By-Pass Channel including the excavation and construction of the by-
pass ditch,utility relocations, dam,the three bridges crossing at the intersections of Fite
Road, Private Road, and Hatfield Road, and related drainage improvements for the Corrigan
Subdivision Drainage Improvements Contract No. 1. The Corrigan Ditch By-Pass Channel is
located just south of Broadway/F.M. 518,west of S.H. 35/Main Street, and east of
F.M. 1128.
1.03 ALTERNATES
A. Alternate bids quoted on Bid Forms will be reviewed and accepted or rejected at
OWNER's option.
B. Volunteer Alternates, any Alternate not specified in this Section,will not be
considered.
C. Accepted Alternates will be identified in the Agreement between the OWNER and
CONTRACTOR.
D. Bids will be evaluated on base bid price plus selected Alternate.
E. Description of Alternates:
No alternates are included in this bid.
1.04 DESCRIPTION OF BID ITEMS
A. Bid Item No. 1: Mobilization
1. Include cost of:
a. Mobilization and demobilization
b. Performance and Payment Bonds
c. Insurance premiums
Project No.052511256.0004 01100—Page 1 of 22 SUMMARY OF WORK
October 21,2003
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
C1.6\ d. Project Signs
e. Other appurtenant and incidental work
2. Measurement for Payment: Maximum Bid$ 150,000. Measure in Lump
Sum
B. Bid Item No. 2: Clearing and Grubbing, Complete in Place
1. Include cost of:
a. Clearing and grubbing
b. Removal of topsoil, stripping and stockpiling
c. Removal of debris and trash
d. Removal of all obstructions
e. Disposal of materials removed
f. Savaging of designated items
(11.1h g. Other appurtenant and incidental work
2. Measurement for Payment: Measure in Lump Sum
C. Bid Item No. 3: Remove and Dispose of Existing Pipes, Complete in Place
1. Include cost of:
a. Removal of existing pipes and culverts of all sizes and depths (All
sizes and depths)
b. Disposal of materials removed
c. Other appurtenant and incidental work
2. Measurement for Payment: Measure in Linear Foot
D. Bid Item No. 4: Remove and Relocate Mailboxes and Signs, Complete in Place
1. Include cost of:
a. Removal of existing mailboxes and signs
b. Temporary and permanent relocation of existing mailboxes and signs
c. Other appurtenant and incidental work
Project No.052511256.0004 01100—Page 2 of 22 SUMMARY OF WORK
October 21,2003
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
2. Measurement for Payment: Measure in Lump Sum
E. Bid Item No. 5: Remove Existing Fence, Complete in Place
1. Include cost of:
a. Removal of existing fence materials
b. Disposal of fence materials removed
c. Other appurtenant and incidental work
2. Measurement for Payment: Measure in Lump Sum
F. Bid Item No. 6: Remove and Dispose of Existing Asphalt Pavements, Complete in
Place
1. Include cost of:
a. Removal of existing asphalt paving materials
b. Disposal of materials removed
c. Other appurtenant and incidental work
d. Measurement for Payment: Measure in Square Yard
G. Bid Item No. 7: Remove and Dispose of Existing Concrete Pavement, Complete in
Place
1. Include cost of:
a. Removal of existing concrete paving materials
b. Disposal of materials removed
c. Other appurtenant and incidental work
2. Measurement for Payment: Measure in Square Yard
H. Bid Item No. 8: Remove and Dispose of Existing Windmill, Complete in Place
1. Include cost of:
a. Removal of existing Windmill
b. Disposal of materials removed
c. Other appurtenant and incidental work
Project No.052511256.0004 01100—Page 3 of 22 SUMMARY OF WORK
October 21,2003
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
2. Measurement for Payment: Measure in Lump Sum
Bid Item No. 9: Abandoned Water Well, Complete in Place
1. Include cost of:
a. Cut,plug, and abandoned water wells in accordance with TCEQ
Requirements
b. Other appurtenant and incidental work
2. Measurement for Payment: Measure in Each
J. Bid Item No. 10: Hatfield Road Bridge, Complete in Place
1. Include cost of:
a. Furnish bridge materials including abutments,bents, slab, slab beams,
rails, armor joint expansion joints, and approach slabs
b. Install materials
c. Other appurtenant and incidental work
(11"\ 2. Measurement for Payment: Measure in Lump Sum
K. Bid Item No. 11: Fite Road Bridge, Complete in Place
1. Include cost of:
a. Furnish bridge materials including abutments,bents, slab, slab beams,
rails,armor joint expansion joints, and approach slabs
b. Install materials
c. Other appurtenant and incidental work
2. Measurement for Payment: Measure in Lump Sum
L. Bid Item No. 12: Private Road Bridge, Complete in Place
1. Include cost of:
a. Furnish bridge materials including abutments,bents, slab, slab beams,
rails, armor joint expansion joints, and approach slabs
b. Install materials
c. Other appurtenant and incidental work
Project No.052511256.0004 01100—Page 4 of 22 SUMMARY OF WORK
October21,2003
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
2. Measurement for Payment: Measure in Lump Sum
M. Bid Item No. 13: 24-Inch Drilled Shaft Footing
1. Include cost of:
a. Furnish materials
b. Install materials
c. Other appurtenant and incidental work
2. Measurement for Payment: Measure in Vertical Feet
N. Bid Item No. 14: 36-Inch Drilled Shaft Footing
1. Include cost of:
a. Furnish materials
b. Install materials
c. Other appurtenant and incidental work
2. Measurement for Payment: Measure in Vertical Feet
O. Bid Item No. 15: CL"RR8"Riprap, Complete in Place
1. Include cost of:
a. Furnish materials
b. Install materials
c. Other appurtenant and incidental work
2. Measurement for Payment: Measure in Square Yard
P. Bid Item No. 16: Channel Excavation, Complete in Place
1. Include cost of:
a. Excavation
b. Other appurtenant and incidental work
2. Measurement for Payment: Payment in Cubic Yard. Measurement shall be
based on cross sections by Contractor surveyed before starting excavation and
after completing final grading. Cross section shall be taken at 100 foot
Project No.052511256.0004 01100—Page 5 of 22 SUMMARY OF WORK
October 21,2003
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OFPEARLAND Corrigan Ditch By-Pass Channel
interval or more frequently as the Contractor wishes. No payment for
overexcavation will be made unless ordered and approved by the Owner.
Q. Bid Item No. 17: Maintenance Berm Fill, Complete in Place
1. Include cost of:
a. Placement of berm and swale as Shown on PLANS
b. Compaction of berm and swale as Shown on PLANS
c. Other appurtenant and incidental work
2. Measurement for Payment: Payment in Cubic Yard. Measurement
Determined by Contractor's Cross Section.
R. Bid Item No. 18: Fill—Dam Section, Complete in Place
1. Include cost of:
a. Placement of dam as shown on PLANS
b. Compaction of dam as shown on PLANS
7.)
c. Other appurtenant and incidental work
2. Measurement for Payment: Payment in Cubic Yard. Determined by
Contractor Cross Sections.
S. Bid Item No. 19: Haul and Stockpile of Excavated Material to Hatfield Site,
Complete in Place
1. Include cost of:
a. Haul and stockpile of excavated material to City of Pearland site on
east side of Hatfield Road.
b. Dozer grade stockpile.
c. Other appurtenant and incidental work
2. Measurement for Payment: Payment in Cubic Yard. Measurement
Determined by Contractor Cross Sections.
Project No.052511256.0004 01100—Page 6 of 22 SUMMARY OF WORK
October 21,2003
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
T. Bid Item No. 20: Haul and Stockpile of Excavated Material to Kirby Site, Complete
in Place
1. Include cost of:
a. Haul and stockpile of excavated material to site within %2 mile of the
intersection of Kirby and Beltway 8.
b. Dozer grade stockpile.
c. Other appurtenant and incidental work
2. Measurement for Payment: Payment in Cubic Yard.Measurement
Determined by Contractor Cross Sections.
U. Bid Item No. 21: Clay Line Channel
1. Include cost of:
a. Over excavate unsuitable material one foot in depth.
b. Place and compact clay from ditch excavation as liner.
c. Provide dewatering as required.
d. Other appurtenant and incidental work.
2. Measurement for Payment: Payment in Square Yard.
V. Bid Item No. 22: Load Excavated Material, Complete in Place
1. Include cost of:
a. Load excavated materials into trucks by others
b. Disposal of excavated material by others
c. Other appurtenant and incidental work
2. Measurement for Payment: Payment in Cubic Yard. Measurement use Truck
Yards and Truck Tickets
W. Bid Item No. 23: Haul and disposed of surplus Excavated Material, Complete in
Place
1. Include cost of:
("1"",, a. Haul and dispose excavated materials into trucks by others
b. Obtain a disposal location
Project No.052511256.0004 01100—Page 7 of 22 SUMMARY OF WORK
October 21,2003
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
c. Other appurtenant and incidental work
2. Measurement for Payment: Payment in Cubic Yard. Measurement shall be
the quantity paid under Item 16, less than the sum of the quantities paid in
items 17,18,19, 20, 21,and 22
X. Bid Item No. 24: Cellular Concrete Mattress
1. Include cost of:
a. Furnish material
b. Install material
c. Other appurtenant and incidental work
2. Measurement for Payment: Measure in Square Yard
Y. Bid Item No. 25: Grade Backslope Swales, Complete in Place
1. Include cost of:
a. Grade swale according to PLANS
rib\
b. Other appurtenant and incidental work
2. Measurement for Payment: Measure in Linear Foot
Z. Bid Item No. 26: 18-Inch Reinforced Concrete Pipe Storm Sewer Culverts, C76,
Class III,All Depths, Complete in Place
1. Include cost of:
a. Furnish pipe,materials for pipe bedding, and select backfill
b. Install materials
c. Compact bedding and backfill
d. Other appurtenant and incidental work
2. Measurement for Payment: Measure in Linear Foot
Project No.052511256.0004 01100—Page 8 of 22 SUMMARY OF WORK
October 21,2003
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
AA. Bid Item No. 27: 24-Inch Reinforced Concrete Pipe Storm Sewer Culverts, C76,
Class III,All Depths, Complete in Place
1. Include cost of:
a. Furnish pipe, incidental brick plug, materials for pipe bedding, and
select backfill
b. Install materials
c. Compact bedding and backfill
d. Other appurtenant and incidental work
2. Measurement for Payment: Measure in Linear Foot
BB. Bid Item No. 28: 36-Inch Reinforced Concrete Pipe Storm Sewer Culverts, C76,
Class III,All Depths, Complete in Place
1. Include cost of: •
a. Furnish pipe,materials for pipe bedding, and select backfill
(111*.\ b. Install materials
c. Compact bedding and backfill
d. Other appurtenant and incidental work
2. Measurement for Payment: Measure in Linear Foot
CC. Bid Item No. 29: 42-Inch Reinforced Concrete Pipe Storm Sewer Culverts,C76,
Class III, All Depths, Complete in Place
1. Include cost of:
a. Furnish pipe,materials for pipe bedding, and select backfill
b. Install materials
c. Compact bedding and backfill
d. Other appurtenant and incidental work
2. Measurement for Payment: Measure in Linear Foot
Project No.052511256.0004 01100—Page 9 of 22 SUMMARY OF WORK
October 21,2003
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
(11*\
DD. Bid Item No. 30: 18-Inch Aluminized Steel Corrugated Pipe, All Depths, Complete
in Place
1. Include cost of:
a. Furnish pipe,materials for pipe bedding, and select backfill
b. Incidental timber bents
d. Install materials
e. Compact bedding and backfill
f. Other appurtenant and incidental work
2. Measurement for Payment: Measure in Linear Foot
EE. Bid Item No. 31: 24-Inch Aluminized Steel Corrugated Pipe,All Depths, Complete
in Place
1. Include cost of:
a. Furnish pipe,materials for pipe bedding, and select backfill
b. Incidental timber bents
d. Install materials
e. Compact bedding and backfill
f. Other appurtenant and incidental work
2. Measurement for Payment: Measure in Linear Foot
FF. Bid Item No. 32: 42-Inch Aluminized Steel Corrugated Pipe,All Depths, Complete
in Place
1. Include cost of:
a. Furnish pipe,materials for pipe bedding, and select backfill
b. Incidental timber bents
d. Install materials
e. Compact bedding and backfill
Other appurtenant and incidental work
2. Measurement for Payment: Measure in Linear Foot
Project No.052511256.0004 01100—Page 10 of 22 SUMMARY OF WORK
October 21,2003
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
GG. Bid Item No. 33: 18-Inch—4:1 Safety End Treatment, Complete in Place
1. Include cost of:
a. Furnish Safety End Treatment,materials for pipe bedding, and select
backfill
b. Install materials
c. Compact bedding and backfill
d. Other appurtenant and incidental work
2. Measurement for Payment: Measure in Each
HH. Bid Item No. 34: 24-Inch—6:1 Safety End Treatment,With Pipe Runners, Complete
in Place
1. Include cost of:
a. Furnish safety end treatment,pipe runners,materials for pipe bedding,
and select backfill
b. Install materials
c. Compact bedding and backfill
d. Other appurtenant and incidental work
2. Measurement for Payment: Measure in Each
II. Bid Item No. 35: 36-Inch—4:1 Safety End Treatment,With Pipe Runners, Complete
in Place
1. Include cost of:
a. Furnish safety end treatment,pipe runners,materials for pipe bedding,
and select backfill
b. Install materials
c. Compact bedding and backfill
d. Other appurtenant and incidental work
2. Measurement for Payment: Measure in Each
rilb\'
Project No.052511256.0004 01100—Page 11 of 22 SUMMARY OF WORK
October 21,2003
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
(.111'\ JJ. Bid Item No. 36: Type "A"Inlet, Complete in Place
1. Include cost of:
a. Furnish inlet structure,materials for bedding, and select backfill
b. Install materials
c. Compact bedding and backfill
d. Other appurtenance and incidental work
2. Measurement for Payment: Measure in Each
KK. Bid Item No. 37: Modified Type"A"Inlet,All Depth, Complete in Place
1. Include cost of:
a. Furnish inlet structure,materials for bedding, and select backfill
b. Install materials
(limb\
c. Compact bedding and backfill
d. Other appurtenance and incidental work
2. Measurement for Payment: Measure in Each
LL. Bid Item No. 38: Modified Type"B"Berm Inlet,All Depth, Complete in Place
1. Include cost of:
a. Furnish inlet structure,materials for bedding, and select backfill
b. Install materials
c. Compact bedding and backfill
d. Other appurtenance and incidental work
2. Measurement for Payment: Measure in Each
MM. Bid Item No. 39: Regrade Existing Roadside Ditches, Complete in Place
1. Include cost of:
a. Regrade existing ditches to lines and grades as shown on PLANS
(0°L
b. Other appurtenant and incidental work
Project No.052511256.0004 01100—Page 12 of 22 SUMMARY OF WORK
October 21,2003
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
2. Measurement for payment: Measure in Linear Foot
NN. Bid Item No. 40: 12-Inch Steel Sanitary Sewer Line, Complete in Place
1. Include cost of:
a. Furnish materials
b. Install materials
c. Other appurtenant and incidental work
2. Measurement for Payment: Measure in Linear Foot
00. Bid Item No. 41: Sanitary Sewer Manhole, All Depth, Complete in Place
1. Include cost of:
a. Excavation
b. Furnish materials
c. Install materials
("16‘:
d. Backfill
e. Other appurtenant and incidental work
2. Measurement for Payment: Measure in Each
PP. Bid Item No. 42: 4"PVC Sanitary Sewer Force Main, Complete in Place
1. Include cost of:
a. Furnish materials
b. All cuts,incidental excavation,backfill,bedding, and trench safety
c. Other appurtenant and incidental work
2. Measurement for Payment: Measure in Linear Foot
QQ. Bid Item No. 43: 4-Inch Steel Force Main Bridge Crossing
1. Include cost of:
a. Furnish materials including fittings,pipe supports and hangers,
transition couplings, and relocation of existing force main
Project No.052511256.0004 01100—Page 13 of 22 SUMMARY OF WORK
October 21,2003
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
b. Install materials
c. Other appurtenant and incidental work
2. Measurement for Payment: Measure in Each
RR. Bid Item No. 44: 2-Inch Air/Vacuum Release Valve, Complete in Place
1. Include cost of:
a. Furnish materials
b. Install materials
c. Other appurtenant and incidental work
2. Measurement for Payment: Measure in Each
SS. Bid Item No. 45: 12-Inch Steel Water Main Bridge Crossing—Hatfield Road,
Complete in Place
a. Furnish materials including fittings,pipe supports and hangers,
transition couplings, and relocation of existing water main
(11.14\' b. Install materials
c. Other appurtenant and incidental work
2. Measurement for Payment: Measure in Each
TT. Bid Item No. 46: 12-Inch Steel Water Main Bridge Crossing-Fite Road
1. Include cost of:
a. Furnish materials including fittings,pipe supports and hangers,
transition couplings Relocation of existing main
b. Install materials
c. Other appurtenant and incidental work
2. Measurement for Payment: Measure in Lump Each
UU. Bid Item No. 47: 12-Inch C-900 Water Line, Complete in Place
1. Include cost of:
a. Furnish materials including all cuts, incidental excavation,backfill,
bedding, and trench safety
Project No.052511256.0004 01100—Page 14 of 22 SUMMARY OF WORK
October 21,2003
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
b. Install materials
c. Other appurtenant and incidental work
2. Measurement for Payment: Measure in Linear Foot
VV. Bid Item No. 48: Fire Hydrant, Complete in Place
Include cost of:
a. Furnish materials
b. Install materials
c. Other appurtenant and incidental work
2. Measurement for Payment: Measure in Each
WW. Bid Item No. 49: Trench Safety, Complete in Place
1. Include cost of:
a. Furnish materials
b. Install materials
c. Other appurtenance and incidental work
2. Measurement for Payment: Measure in Linear Foot
XX. Bid Item No. 50: Saw-Cut Pavement, Complete in Place
1. Include cost of:
a. Furnish equipment
b. Other appurtenant and incidental work
2. Measurement for Payment: Measure in Linear Foot
YY. Bid Item No. 51: Roadway Fill, Complete in Place
1. Include cost of:
a. Excavation,hauling, grading, and compaction
b. Other appurtenant and incidental work
2. Measurement for Payment: Measure in Cubic Yard
Project No.052511256.0004 01100—Page 15 of 22 SUMMARY OF WORK
October 21,2003
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
(1.1*\
ZZ. Bid Item No. 52: 12-Inch Lime Stabilized Subgrade, Complete in Place
1. Include cost of:
a. Furnish equipment
b. Preparation of lime and subgrade soils
c. Compaction of material
d. Other appurtenance and incidental work
2. Measurement for Payment: Measure in Square Yard
AAA. Bid Item No. 53: Lime, Complete in Place
1. Include cost of:
a. Manipulation of subgrade
b. Spreading of lime slurry
c. Other appurtenance and incidental work
2. Measurement for Payment: Measure in Ton
BBB. Bid Item No. 54: 6-Inch Asphalt Base Course, Complete in Place
1. Include cost of:
a. Furnish materials
b. Placement of materials
c. Compaction of materials
d. Other appurtenant and incidental work
2. Measurement for Payment: Measure in Square Yard
CCC. Bid Item No. 55: 2-Inch Asphalt Surface Course, Complete in Place
1. Include cost of:
a. Furnish materials
b. Placement of materials
c. Compaction of materials
Project No.052511256.0004 01100—Page 16 of 22 SUMMARY OF WORK
October 21,2003
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
d. Adjust utility castings to final grade of pavement
e. Other appurtenant and incidental work
2. Measurement for Payment: Measure in Square Yard
DDD. Bid Item No. 56: 6-Inch Crushed Stone Temporary Access Road, Complete in Place
1. Include cost of:
a. Furnish materials
b. Placement of materials
c. Other appurtenance and incidental work
d. Measurement for Payment: Measure in Square Yard
2. Measurement for payment: Measure in Linear Foot
EEE. Bid Item No. 57: 4-Inch Traffic Paint Pavement Markings (Solid or Broken, White),
Complete in Place
1. Include cost of:
a. Furnish materials
b. Surface preparation
c. Install materials
2. Measurement for payment: Measure in Linear Foot
FFF. Bid Item No. 58: 4-Inch Traffic Paint Pavement Markings (Solid,Yellow), Complete
in Place
1. Include cost of:
a. Furnish materials
b. Install materials
c. Other appurtenant and incidental work
2. Measurement for payment: Measure in Linear Foot
Project No.052511256.0004 01100—Page 17 of 22 SUMMARY OF WORK
October 21,2003
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
(0'N,
GGG. Bid Item No. 59: 12-Inch Traffic Paint Pavement Markings (Solid, White),
Complete in Place
1. Include cost of:
a. Furnish materials
b. Surface preparation
c. Install materials
d. Other appurtenant and incidental work
2. Measurement for payment: Measure in Linear Foot
HHH. Bid Item No. 60: 4-Foot Barbed Wire Fence, Complete in Place
1. Include cost of:
a. Furnish fence material
b. Install fence material
c. Other appurtenant and incidental work
2. Measurement for Payment: Measure in Linear Foot
III. Bid Item No. 61: 4-Foot Chain Link Fence, Complete in Place
1. Include cost of:
a. Furnish fence material
b. Install fence material
c. Other appurtenant and incidental work
2. Measurement for Payment: Measure in Linear Foot
JJJ. Bid Item No. 62: 6-Foot Chain Link Fence, Complete in Place
1. Include cost of:
a. Furnish fence material
b. Install fence material
(limb\ c. Other appurtenant and incidental work
2. Measurement for Payment: Measure in Linear Foot
Project No.052511256.0004 01100—Page 18 of 22 SUMMARY OF WORK
October 21,2003
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
(11.16 KKK. Bid Item No. 63: 6-Foot Wood Fence, Complete in Place
1. Include cost of:
a. Furnish fence material
b. Install fence material
c. Other appurtenant and incidental work
2. Measurement for Payment: Measure in Linear Foot
LLL. Bid Item No. 64: 18-Foot Double Swing Gate,Complete in Place
1. Include cost of:
a. Furnish materials
b. Install materials
c. Other appurtenant and incidental work
2. Measurement for Payment: Measure in Each
' MMM.Bid Item No. 65: Pipe Swing Gate, Complete in Place
1. Include cost of:
a. Furnish materials
b. Install materials
c. Other appurtenant and incidental work
2. Measurement for Payment: Measure in Each
NNN. Bid Item No. 66: Hydromulch Sideslopes and Berm,Complete in Place
1. Include cost of:
a. Furnish materials
b. Install materials
c. Irrigate
d. Other appurtenant and incidental work
2. Measurement for Payment: Measure in Square Yard
Project No.052511256.0004 01100—Page 19 of 22 SUMMARY OF WORK
October 21,2003
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OFPEARLAND Corrigan Ditch By-Pass Channel
000. Bid Item No. 67: Reinforced Filter Fabric Fence, Complete in Place
1. Include cost of:
a. Furnish materials
b. Install materials
c. Maintain
d. Other appurtenant and incidental work
2. Measurement for Payment: Measure in Linear Foot
PPP. Bid Item No. 68: Stabilized Construction Exit, Complete in Place
1. Include cost of:
a. Furnish materials
b. Install and remove of materials
c. Other appurtenant and incidental work
2. Measurement for Payment: Measure in Each
QQQ. Bid Item No. 69: Traffic Control Plan
1. Include cost of:
a. Provide implementation of traffic control phasing for all sites
b. Install traffic control signs,barricades, striping, etc.
c. Provide flagmen and traffic control officers as required
d. Other appurtenant and incidental work
2. Measurement for Payment: Measure in Lump Sum
1.05 WORK BY OWNER
A. Items noted as Not in Contract(NIC), or By Others will be furnished and installed by
OWNER.
B. OWNER will remove and retain possession of the following items prior to start of
work: None.
Project No.052511256.0004 01100—Page 20 of 22 SUMMARY OF WORK
October 21,2003
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
(111 1.06 OWNER-FURNISHED PRODUCTS
A. Products purchased and paid for by OWNER: None
B. Items Furnished by OWNER for Installation and Final Connection by
CONTRACTOR: None
C. CONTRACTOR's Responsibilities:
1. Arrange and pay for product delivery to site.
2. Receive and unload products at site;jointly with ENGINEER, inspect for
completeness or damage.
3. Handle, store, install, and finish products.
4. Repair or replace damaged items.
1.07 CONSTRUCTION PHOTOGRAPHS
Submit preconstruction(and post construction)photographs in accordance with
Section 01380.
(11.1 1.08 WORK SEQUENCE
A. Coordination of Work: Refer to Section 01040—Coordination and Meetings, and
Section 01300—Submittals (Construction Schedule).
B. Bridge Construction. Fite Road and Hatfield Road may not be closed to traffic at the
same time. Due to delivery time it is anticipated that the Hatfield Bridge will be
constructed first.
C. Access to the Burkett Storage Facility must be maintained at all time.
D. Excavation and grading of the ditch and construction of the other improvements in
this contract shall be sequenced so as not to cause flooding of the adjacent property
during construction.
1.09 CONTRACTOR USE OF PREMISES
A. Comply with procedures for access to the site and CONTRACTOR's use of rights-of-
way as specified in Section 01140—CONTRACTOR's Use of Premises.
B. Utility Outages and Shutdown: When applicable,provide notification to the City and
private utility companies a minimum of 48 hours, excluding weekend and holidays,
in advance of required utility shutdown. Coordinate all work as required.
Project No.052511256.0004 01100—Page 21 of 22 SUMMARY OF WORK
October 21,2003
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
1.10 OWNER OCCUPANCY
A. Cooperate with the OWNER to minimize conflict, and to facilitate the OWNER's
operations. Coordinate CONTRACTOR's activities with ENGINEER.
B. Schedule Work to accommodate this requirement.
2.0 PRODUCTS (NOT USED)
3.0 EXECUTION (NOT USED)
END OF SECTION
(111*'''
Project No.052511256.0004 01100—Page 22 of 22 SUMMARY OF WORK
October 21,2003
CITY OF PEARLAND CONTRACTOR USE OF PREMISES
SECTION 01140
CONTRACTOR USE OF PREMISES
1.0 GENERAL
1.01 SECTION INCLUDES
Section includes general use of the site including properties inside and outside of rights-of-
way, work affecting road,ramps, streets and driveways and notification to adjacent
occupants.
1.02 RIGHTS-OF-WAY
A. Confine access and operations and storage areas to rights-of-way provided by
OWNER as stipulated in Document 00700—General Conditions; trespassing on
abutting lands or other lands in the area is not allowed.
B. CONTRACTOR may make arrangements, at CONTRACTOR's cost, for temporary
use of private properties, in which case CONTRACTOR and CONTRACTOR's
surety shall indemnify and hold harmless the OWNER against claims or demands
arising from such use of properties outside of rights-of-way.
C. Restrict total length which materials maybe distributed along the route of the
construction at any one time to 1,000 linear feet unless otherwise approved by
ENGINEER.
1.03 PROPERTIES OUTSIDE OF RIGHTS-OF-WAY
A. Altering the condition of properties adjacent to and along rights-of-way will not be
permitted unless authorized by the ENGINEER and property OWNER(S).
B. Means,methods,techniques, sequences, or procedures that will result in damage to
properties or improvements in the vicinity outside of rights-of-way will not be
permitted.
C. Any damage to properties outside of rights-of-ways shall be repaired or replaced to
the satisfaction of the ENGINEER and at no cost to the OWNER.
1.04 USE OF SITE
A. Obtain approvals of governing authorities prior to impeding or closing public roads
or streets. Do not close more than one consecutive intersection at one time.
B. Notify ENGINEER 48 hours prior to closing a street or a street crossing. Permits for
street closures are required in advance and are the responsibility of the
CONTRACTOR.
C. Maintain access for emergency vehicles including access to fire hydrants.
04/00 01140 - 1
CITY OF PEARLAND CONTRACTOR USE OF PREMISES
D. Avoid obstructing drainage ditches or inlets; when obstruction is unavoidable due to
requirements of the Work,provide grading and temporary drainage structures to
maintain unimpeded flow.
E. Locate and protect private lawn sprinkler systems which may exist on rights-of-ways
within the site. Repair or replace damaged systems to condition equal to or better
than that existing at start of Work.
F. Perform daily cleanup of dirt outside the construction zone, and debris, scrap
materials, and other disposable items. Keep streets, driveways, and sidewalks clean
of dirt, debris and scrap materials. Do not leave buildings,roads, streets or other
construction areas unclean overnight.
1.05 NOTIFICATION TO ADJACENT OCCUPANTS
A. Notify individual occupants in areas to be affected by the Work of the proposed
construction and time schedule. Notification shall be 24 hours, 72 hours and 2 weeks
prior to work being performed within 200 feet of the homes or businesses.
B. Include in notification names and telephone numbers of two company representatives
for resident contact,who will be available on 24-hour call. Include precautions that
will be taken to protect private property and identify potential access or utility
inconvenience or disruption.
C. Submit proposed notification to ENGINEER for approval. Consideration shall be
given to the ethnicity of the neighborhood where English is not the dominant
language. Notice shall be in an understandable language.
1.06 PUBLIC, TEMPORARY,AND CONSTRUCTION ROADS AND RAMPS
A. Construct and maintain temporary detours,ramps, and roads to provide for normal
public traffic flow when use of public roads or streets is closed by necessities of the
Work.
B. Provide mats or other means to prevent overloading or damage to existing roadways
from tracked equipment or exceptionally large or heavy trucks or equipment.
C. Construct and maintain access roads and parking areas as specified in
Section 01500—Temporary Facilities and Controls.
1.07 EXCAVATION IN STREETS AND DRIVEWAYS
A. Avoid hindering or needlessly inconveniencing public travel on a street or any
intersecting alley or street for more than two blocks at any one time, except by
permission of the ENGINEER.
B. Obtain the ENGINEER's approval when the nature of the Work requires closing of
an entire street. Permits required for street closure are the CONTRACTOR's
responsibility. Avoid unnecessary inconvenience to abutting property OWNERS.
C. Remove surplus materials and debris and open 1,000 feet or less for public use as
work in that block is complete.
04/00 01140-2
CITY OF PEARLAND CONTRACTOR USE OF PREMISES
D. Acceptance of any portion of the Work will not be based on return of street to public
use.
E. Avoid obstructing driveways or entrances to private property.
F. Provide temporary crossing or complete the excavation and backfill in one
continuous operation to minimize the duration of obstruction when excavation is
required across drives or entrances.
G. Provide barricades and signs in accordance with Section VI of the State of Texas
Manual on Uniform Traffic Control Devices.
1.08 TRAFFIC CONTROL
Comply with traffic regulation as specified in Section 01555 - Traffic Control and
Regulation.
1.09 SURFACE RESTORATION
A. Restore site to condition existing before construction to satisfaction of ENGINEER.
B. Repair paved area per the requirements of Section 02980 -Pavement Repair and
Resurfacing.
C. Repair turf areas which become damaged, level with bank run sand conforming to
Section 02318 -Excavation and Backfill for Utilities, or topsoil conforming to
Section 02910 -Topsoil, as approved by the ENGINEER and resod in accordance
with Section 02922- Sodding. Water and level newly sodded areas with adjoining
turf using steel wheel rollers appropriate for sodding. Do not use spot sodding or
sprigging.
2.0 PRODUCTS (NOT USED)
3.0 EXECUTION (NOT USED)
END OF SECTION
04/00 01140- 3
CITY OF PEARLAND MEASUREMENT AND PAYMENT
SECTION 01200
MEASUREMENT AND PAYMENT
1.0 GENERAL
1.01 SECTION INCLUDES
Procedures for measurement and payment plus conditions for nonconformance assessment
and nonpayment for rejected products.
1.02 AUTHORITY
A. Measurement methods delineated in Specification sections are intended to
complement the criteria of this section. In the event of conflict,the requirements of
the Specification section shall govern.
B. Measurements and quantities submitted by the CONTRACTOR will be verified by
the ENGINEER.
C. CONTRACTOR shall provide necessary equipment,workers, and survey personnel
as required by ENGINEER to verify quantities.
1.03 UNIT QUANTITIES SPECIFIED
(11.2b A. Quantity and measurement estimates stated in the Agreement are for contract
purposes only. Quantities and measurements supplied or placed in the Work
authorized and verified by ENGINEER shall determine payment as stated in the
General Conditions.
B. If the actual Work requires greater or lesser quantities than those quantities indicated
in the Bid Form,provide the required quantities at the unit prices contracted, except
as otherwise stated in the General Conditions or in executed Change Order.
1.04 MEASUREMENT OF QUANTITIES
A. Measurement by Weight: Reinforcing steel, rolled or formed steel or other metal
shapes will be measured by CRSI or AISC Manual of Steel Construction weights.
Welded assemblies will be measured by CRSI or AISC Manual of Steel Construction
or scale weights.
B. Measurement by Volume:
1. Stockpiles: Measured by cubic dimension using mean length,width, and
height or thickness.
2. Excavation and Embankment Materials: Measured by cubic dimension using
the average end area method.
Cia „
C. Measurement by Area: Measured by square dimension using mean length and width
or radius.
04/00 01200- 1
CITY OF PEARLAND MEASUREMENT AND PAYMENT
D. Linear Measurement: Measured by linear dimension, at the item centerline or mean
chord.
E. Stipulated Price Measurement: By unit designated in the agreement.
F. Other: Items measured by weight, volume, area, or lineal means or combination, as
appropriate, as a completed item or unit of the Work.
1.05 PAYMENT
A. Payment Includes: Full compensation for all required supervision, labor,products,
tools, equipment,plant,transportation, services, and incidentals; and erection,
application or installation of an item of the Work; and CONTRACTOR's overhead
and profit.
B. Total compensation for required Unit Price Work shall be included in Unit Price bid
in Bid schedule. Claims for payment as Unit Price Work,but not specifically
covered in the list of unit prices contained in Bid Schedule,will not be accepted.
C. Progress payments will be based on the ENGINEER's observations and evaluations
of quantities incorporated in the Work multiplied by the unit price.
D. Final payment for Work governed by unit prices will be made on the basis of the
actual measurements and quantities determined by ENGINEER multiplied by the unit
price for Work which is incorporated in or made necessary by the Work.
(111k"i
1.06 NONCONFORMANCE ASSESSMENT
A. Remove and replace the Work, or portions of the Work,not conforming to the
Contract Documents.
B. If, in the opinion of ENGINEER, it is not practical to remove and replace the Work,
the ENGINEER will direct one of the following remedies:
1. The nonconforming Work will remain as is,but the unit price will be adjusted
to a lower price at the discretion of ENGINEER.
2. The nonconforming Work will be modified as authorized by the ENGINEER,
and the unit price will be adjusted to a lower price at the discretion of
ENGINEER,if the modified work is deemed to be less suitable than
originally specified.
C. Specification sections may modify these options or may identify a specific formula or
percentage price reduction.
D. The authority of ENGINEER to assess the nonconforming work and identify payment
adjustment is final.
(11.
04/00 01200-2
CITY OF PEARLAND MEASUREMENT AND PAYMENT
1.07 NONPAYMENT FOR REJECTED PRODUCTS
A. Payment will not be made for any of the following:
1. Products wasted or disposed of in a manner that is not acceptable to
ENGINEER.
2. Products determined as nonconforming before or after placement.
3. Products not completely unloaded from transporting vehicle.
4. Products placed beyond the lines and levels of the required Work.
5. Products remaining on hand after completion of the Work,unless specified
otherwise.
6. Loading,hauling, and disposing of rejected products.
2.0 PRODUCTS (NOT USED)
3.0 EXECUTION (NOT USED)
Cumb.\' END OF SECTION
04/00 01200-3
CITY OF PEARLAND CHANGE ORDER PROCEDURES
SECTION 01290
CHANGE ORDER PROCEDURES
1.0 GENERAL
1.01 SECTION INCLUDES
A. Procedures for processing Change Orders, including:
1. Assignment of a responsible individual for approval and communication of
changes in the Work;
2. Documentation of change in Contract Price and Contract Time;
3. Change procedures, using proposals and construction contract modifications,
work change directive, stipulated price change order, unit price change order,
time and materials change order;
4. Execution of Change Orders;
5. Correlation of CONTRACTOR submittals.
1.02 REFERENCES
Rental Rate Blue Book for Construction Equipment(Data Quest Blue Book). Rental Rate is
defined as the full unadjusted base rental rate for the appropriate item of construction
equipment.
1.03 RESPONSIBLE INDIVIDUAL
CONTRACTOR shall provide a letter indicating the name and address of the individual
authorized to execute change documents, and who shall also be responsible for informing
others in CONTRACTOR's employ and Subcontractors of changes to the Work. The
information shall be provided at the Preconstruction Conference.
1.04 DOCUMENTATION OF CHANGE IN CONTRACT PRICE AND CONTRACT TIME
A. CONTRACTOR shall maintain detailed records of changes in the Work. Provide full
information required for identification and evaluation of proposed changes,and to
substantiate costs of changes in the Work.
B. CONTRACTOR shall document each proposal for a change in cost or time with
sufficient data to allow evaluation of the proposal.
04/00 01290 - 1
CITY OF PEARLAND CHANGE ORDER PROCEDURES
C. Proposals shall include, as a minimum, the following information as applicable:
C°16.\,,
1. Quantities of items in the original Bid Schedule with additions,reductions,
deletions, and substitutions.
2. When Work items were not included in the Bid Schedule, CONTRACTOR
shall provide unit prices for the new items, with supporting information as
required by the ENGINEER.
3. Justification for any change in Contract Time.
4. Additional data upon request.
D. For changes in the Work performed on a time-and-material basis,the following
additional information may be required:
1. Quantities and description of products and equipment.
2. Taxes, insurance and bonds.
3. Overhead and profit as noted in Document 00800 - Supplementary
Conditions.
4. Dates and times work was performed, and by whom.
5. Time records and certified copies of applicable payrolls.
(1111..\
6. Invoices and receipts for products,rented equipment, and subcontracts,
similarly documented.
E. Rented equipment will be paid to the CONTRACTOR by actual invoice cost for the
duration of time required to complete the extra work. If the extra work comprises
only a portion of the rental invoice where the equipment would otherwise be on the
site, the CONTRACTOR shall compute the hourly equipment rate by dividing the
actual monthly invoice by 176. (One day equals 8 hours and one week equals 40
hours.) Operating costs shall not exceed the estimated operating costs given for the
item of equipment in the Blue Book.
F. For changes in the work performed on a time-and-materials basis using
CONTRACTOR-owned equipment,compute rates with the Blue Book as follows:
1. Multiply the appropriate Rental Rate by an adjustment factor of 70 percent
plus the full rate shown for operating costs. The Rental Rate utilized shall be
• the lowest cost combination of hourly, daily, weekly or monthly rates. Use
150 percent of the Rental Rate for double shifts (one extra shift per day)and
200 percent of the Rental Rate for more than two shifts per day. No other rate
adjustments shall apply.
2. Standby rates shall be 50 percent of the appropriate Rental Rate shown in the
Blue Book. Operating costs will not be allowed.
04/00 01290 -2
CITY OF PEARLAND CHANGE ORDER PROCEDURES
1.05 CHANGE PROCEDURES
A. Changes to Contract Price or Contract Time can only be made by issuance of a
Change Order. Issuance of a Work Change Directive or written acceptance by the
ENGINEER of changes will be formalized into Change Orders. All changes will be
in accordance with the requirements of the General Conditions.
B. The ENGINEER will advise of minor changes in the Work not involving an
adjustment to Contract Price or Contract Time as authorized by the General
Conditions by issuing supplemental instructions.
C. CONTRACTOR may request clarification of Drawings, Specifications or Contract
Documents or other information. Response by the ENGINEER to a Request for
Information does not authorize the CONTRACTOR to perform tasks outside the
scope of the Work. All changes must be authorized as described in this section.
1.06 PROPOSALS AND CONTRACT MODIFICATIONS
A. The ENGINEER may issue a Request for Proposal,which includes a detailed
description of a proposed change with supplementary or revised Drawings and
Specifications. The ENGINEER may also request a proposal in the response to a
Request for Information. CONTRACTOR will prepare and submit its Proposal
within seven(7) days or as specified in the request.
B. The CONTRACTOR may propose an unsolicited change by submitting a Proposal to
the ENGINEER describing the proposed change and its full effect on the Work,with
a statement describing the reason for the change and the effect on the Contract Price
and Contract Time including full documentation.
1.07 WORK CHANGE DIRECTIVE
A. ENGINEER may issue a signed Work Change Directive instructing the
CONTRACTOR to proceed with a change in the Work, for subsequent inclusion in a
Change Order.
B. The document will describe changes in the Work and will designate a method of
determining any change in Contract Price or Contract Time.
C. CONTRACTOR shall proceed promptly to execute the changes in the Work in
accordance with the Work Change Directive.
1.08 STIPULATED PRICE CHANGE ORDER
A stipulated price Change Order will be based on an accepted Proposal including the
CONTRACTOR's lump sum price quotation.
04/00 01290 -3
CITY OF PEARLAND CHANGE ORDER PROCEDURES
1.09 UNIT PRICE CHANGE ORDER
"', A. Where Unit Prices for the affected items of Work are included in the Bid Schedule,
the unit price Change Order will be based on unit prices as originally bid, subject to
provisions of the General Conditions.
B. Where unit prices of Work are not pre-determined in the Bid Schedule,Work Change
Directive or accepted Proposal will specify the unit prices to be used.
1.10 TIME-AND-MATERIAL CHANGE ORDER
A. CONTRACTOR shall provide an itemized account and supporting data after
completion of change,within time limits indicated for claims in the General
Conditions.
B. ENGINEER will determine the change allowable in Contract Price and Contract
Time as provided in the General Conditions.
C. CONTRACTOR shall maintain detailed records of work done on time-and-material
basis as specified in paragraph 1.04,Documentation of Change in Contract Price and
Contract Time.
D. CONTRACTOR shall provide full information required for evaluation of changes,
and shall substantiate costs for changes in the Work.
1.11 EXECUTION OF CHANGE DOCUMENTATION
ENGINEER will issue Change Orders, Work Change Directives, or accepted Proposals for
signatures of parties as described in the General Conditions.
1.12 CORRELATION OF CONTRACTOR SUBMITTALS
A. For Stipulated Price Contracts, CONTRACTOR shall promptly revise Schedule of
Values and Application for Payment forms to record each authorized Change Order
as a separate line item and adjust the Contract Price.
B. For Unit Price Contracts,the next monthly estimate of work after acceptance of a
Change Order will be revised to include any new items not previously included and
the appropriate unit rates.
C. CONTRACTOR shall promptly revise progress schedules to reflect any change in
Contract Time, and shall revise schedules to adjust time for other items of work
affected by the change, and resubmit for review.
D. CONTRACTOR shall promptly enter changes to the on-site and record copies of the
Drawings, Specifications or Contract Documents as required in
Section 01720 -Project Record Documents.
rm.\
04/00 01290 -4
CITY OF PEARLAND CHANGE ORDER PROCEDURES
2.0 PRODUCTS (NOT USED)
(16\
3.0 EXECUTION (NOT USED)
END OF SECTION
(1.1.\1
("b.'
04/00 01290- 5
CITY OF PEARLAND COORDINATION AND MEETINGS
SECTION(7111.) COORDINATION AND MEETINGS
1.0 GENERAL
1.01 SECTION INCLUDES
Section includes general coordination including preconstruction conference, site mobilization
conference, and progress meetings.
1.02 RELATED DOCUMENTS
Coordination is required throughout the documents. Refer to all of the Contract Documents
and coordinate as necessary.
1.03 ENGINEER AND REPRESENTATIVES
The ENGINEER may act directly or through designated representatives as defined in the
General Conditions and as identified by name at the preconstruction conference.
1.04 CONTRACTOR COORDINATION
A. Coordinate scheduling, submittals, and Work of the various Specifications sections to
assure efficient and orderly sequence of installation of interdependent 1.116\' elements.
B. Coordinate completion and clean up of Work for Substantial Completion and for
portions of Work designated for OWNER's partial occupancy.
C. Coordinate access to site for correction of nonconforming Work to minimize
disruption of OWNER's activities where OWNER is in partial occupancy.
1.05 PRECONSTRUCTION CONFERENCE
A. ENGINEER will schedule a preconstruction conference.
B. Attendance Required: ENGINEER's representatives, Consultants, Contractor, and
major Subcontractors.
C. Agenda:
1. Distribution of Contract Documents
2. Designation of personnel representing the parties in Contract, and the
Consultant.
3. Review of insurance
(.16\ 4. Discussion of formats proposed by the Contractor for schedule of values, and
construction schedule
04/00 01310 - 1
CITY OF PEARLAND COORDINATION AND MEETINGS
5. Procedures and processing of shop drawings and other submittals,
(11.1.\ substitutions,pay estimates or applications for payment, Requests for
Information,Request for Proposal, Change Orders, and Contract closeout
6. Scheduling of the Work and coordination with other contractors
7. Review of Subcontractors
8. Appropriate agenda items listed for Site Mobilization Conference,
paragraph 1.06 C,when preconstruction conference and site mobilization
conference are combined
9. Procedures for testing
10. Procedures for maintaining record documents
1.06 SITE MOBILIZATION CONFERENCE
A. When required by the Contract Documents,ENGINEER will schedule a conference
at the Project site prior to Contractor occupancy.
B. Attendance Required: ENGINEER representatives, Consultants, Contractor's
Superintendent, and major Subcontractors.
C. Agenda:
' 1. Use of premises by OWNER and CONTRACTOR
2. Safety and first aid procedures
3. Construction controls provided by OWNER
4. Temporary utilities
5. Survey and layout
6. Security and housekeeping procedures
1.07 PROGRESS MEETINGS
A. Project meetings shall be held at Project field office or other location as designated by
the ENGINEER. Meeting shall be held at monthly intervals, or more frequent
intervals if directed by ENGINEER.
B. Attendance Required: Job superintendent, major Subcontractors and suppliers,
ENGINEER representatives, and Consultants as appropriate to agenda topics for each
meeting.
C. ENGINEER or his representative will make arrangements for meetings, and
(1.'6\ recording minutes.
D. ENGINEER or his representative will prepare the agenda and preside at meetings.
04/00 01310-2
CITY OF PEARLAND COORDINATION AND MEETINGS
E. CONTRACTOR shall provide required information and be prepared to discuss each
agenda item.
F. Agenda:
1. Review minutes of previous meetings
2. Review of Work progress schedule submittal, and pay estimates,payroll and
compliance submittals
3. Field observations,problems, and decisions
4. Identification of problems which impede planned progress
5. Review of submittals schedule and status of submittals
6. Review of Request for Information and Request for Proposal status
7. Change order status
8. Review of off-site fabrication and delivery schedules
9. Maintenance of progress schedule
10. Corrective measures to regain projected schedules
(101**\
11. Planned progress during succeeding work period
12. Coordination of projected progress
13. Maintenance of quality and work standards
14. Effect of proposed changes on progress schedule and coordination
15. Other items relating to Work
2.0 PRODUCTS (NOT USED)
3.0 EXECUTION (NOT USED)
END OF SECTION
rib\
04/00 01310 -3
CITY OF PEARLAND SUBMITTALS
SECTION 01350
(11111b'\ SUBMITTALS
1.0 GENERAL
1.01 SECTION INCLUDES
A. Submittal procedures for:
1. Schedule of Values
2. Construction Schedules
3. Shop Drawings, Product Data, and Samples
4. Operations and Maintenance Data
5. Manufacturer's Certificates
6. Construction Photographs
7. Project Record Documents
(6.16\ 8. Design Mixes
1.02 SUBMITTAL PROCEDURES
A. Scheduling and Handling
1. Schedule submittals well in advance of the need for the material or equipment
for construction. Allow time to make delivery of material or equipment after
submittal is approved.
2. Develop a submittal schedule that allows sufficient time for initial review,
correction, resubmission and final review of all submittals.The ENGINEER
will review and return submittals to the CONTRACTOR as expeditiously as
possible but the amount of time required for review will vary depending on
the complexity and quantity of data submitted. In no case will a submittal
schedule be acceptable which allows less than thirty(30)days for initial
review by the ENGINEER. This time for review shall in no way be
justification for delays or additional compensation to the CONTRACTOR.
3. The ENGINEER's review of submittals covers conformity to the Drawings,
Specifications, and dimensions that affect the layout. The CONTRACTOR is
responsible for quantity determination. The CONTRACTOR is responsible
for any errors, omissions or deviations from the Contract requirements;
review of submittals in no way relieves the CONTRACTOR from his
obligation to furnish required items according to the Drawings and
Specifications.
04/00 01350 - 1
CITY OF PEARLAND SUBMITTALS
4. Submit five (5) copies of documents unless otherwise specified in the
following paragraphs or in the Specifications.
5. Revise and resubmit submittals as required. Identify all changes made since
previous submittal.
6. The CONTRACTOR shall assume the risk for material or equipment that is
fabricated or delivered prior to approval. No material or equipment shall be
incorporated into the Work or included in periodic progress payments until
approval has been obtained in the specified manner.
B. Transmittal Form and Numbering
1. Transmit each submittal to the ENGINEER with a transmittal form.
2. Sequentially number each transmittal form beginning with the number 1.
Resubmittals shall use the original number with an alphabetic suffix(i.e.,
2A for first resubmittal of Submittal 2 or 15C for third resubmittal of
Submittal 15). Each submittal shall only contain one type of work,material,
or equipment. Mixed submittals will not be accepted.
3. Identify variations from requirements of Contract Documents and identify
product or system limitations.
4. For submittal numbering of videotapes, see paragraph 1.10 Video.
(lis."`)
C. CONTRACTOR's Certification
1. Each submittal shall contain a statement or stamp signed by the
CONTRACTOR, certifying that the items have been reviewed in detail and
are correct and in accordance with Contract Documents, except as noted by
any requested variance.
1.03 SCHEDULE OF VALUES
A. Submit a Schedule of Values at least ten(10)days prior to the first Application for
Payment. A Schedule of Values shall be provided for each of the items indicated as
Lump Sum(LS) in the Bid Schedule for which the CONTRACTOR requests to
receive progress payments.
B. Schedule of Values shall be typewritten on 8-1/2" x 11",plain white bond paper. Use
the Table of Contents of this Project Manual as a format for listing costs of Work by
Section.
C. Round off figures for each listed item to the nearest$100.00 except for the value of
one item, if necessary,to make the total price for all items listed in the Schedule of
Values equal to the applicable lump sum amount in the Bid Schedule.
04/00 01350-2
CITY OF PEARLAND SUBMITTALS
D. For Unit Price Contracts, items should include a proportional share of
CONTRACTOR's overhead and profit, such that the total of all items listed in the
Schedule of Values equals the Contract amount. For Stipulated Price Contracts,
mobilization,bonds, and insurance may be listed as separate items in the Schedule of
Values.
E. For lump sum equipment items where submittal of operations and maintenance data
and testing are required, include a separate item for equipment operation and
maintenance data submittal valued at 5 percent of the lump sum amount and a
separate item for testing and adjusting valued at 5 percent of the lump sum amount.
F. Revise the Schedule of Values and resubmit for items affected by Contract
Modifications, Change Orders, and Work Change Directives. Submit revised
Schedule of Values ten(10) days prior to the first Application for Payment after the
changes are approved by the ENGINEER.
1.04 CONSTRUCTION SCHEDULES
A. Submit Construction Schedules for the Work in accordance with the requirements of
this Section. The Construction Schedule Submittal shall be, at minimum, a bar chart,
either computer generated or prepared manually, and a narrative report.
B. During the Pre-construction Meeting, as noted in Section 01040 -Coordination and
Meetings,the CONTRACTOR shall provide a sample of the format to be used for the
Construction Schedule Submittal. The format is subject to approval by the
r•L'. ENGINEER. Review of the submittal will be provided within seven(7) days of the
submittal of the sample.
C. Within seven(7) days of the receipt of approval of the CONTRACTOR's format, or
fourteen(14) days of the Notice to Proceed,whichever is later,the CONTRACTOR
shall submit a proposed Construction Schedule for review. The Construction
Schedule Submittal shall meet the following requirements:
1. The schedule shall usually include a total of at least twenty(20)but not more
than fifty(50) activities. Fewer activities may be accepted, if approved by the
ENGINEER.
2. For projects with work at different physical locations, each location should be
indicated separately within the schedule.
3. For projects with multiple crafts or significant subcontractor components,
these elements should be indicated separately within the schedule.
4. For projects with multiple types of tasks within the scope,these types of work
should be indicated separately within the schedule.
5. For projects with significant major equipment items or materials worth over
25 percent of the Total Contract Price,the schedule shall indicate dates when
(111."'l these items are to be purchased,when they are to be delivered, and when
installed.
04/00 01350-3
CITY OF PEARLAND SUBMITTALS
6. For projects where operating plants are involved, each period of work which
,�p�, will require the shut down of any process or operation shall be identified in
k` the Schedule and must be agreed to by the ENGINEER prior to starting work
in the area.
7. A tabulation of the estimated monthly billings for the work shall be prepared
and submitted by the CONTRACTOR with the first schedule submittal. This
information is not required in the monthly updates, unless significant changes
in Work require resubmittal of the schedule for review. The total for each
month and a cumulative total will be indicated. These monthly forecasts are
only for planning purposes of the ENGINEER. Monthly payments for actual
work completed will be made by the ENGINEER in accordance with
Document 00700 -General Condition.
D. The CONTRACTOR must receive approval of the ENGINEER for the Schedule and
billing estimate prior to the first monthly Application for Payment. No payment will
be made until these are accepted.
E. Upon written request from the ENGINEER, the CONTRACTOR shall revise and
submit for approval all or any part of the Construction Schedule to reflect changed
conditions in the Work or deviations made from the original plan and schedule.
F. The CONTRACTOR's Construction Schedule shall thereafter be updated with the
Actual Start and
Actual Finish Dates,Percent Complete, and Remaining Duration of each Activity and
submitted monthly. The date to be used in updating the monthly Construction
Schedule shall be the same Date as is used in the monthly Application for Payment.
This monthly update of the schedule shall be required before the monthly Application
for Payment will be processed for payment.
G. The narrative Schedule Report shall include a description of changes made to the
Construction Schedule; Activities Added to the Schedule; Activities Deleted from the
Schedule; any other changes made to the Schedule other than the addition of Actual
Start Dates and Actual Finish Dates and Remaining Durations.
1.05 SHOP DRAWINGS,PRODUCT DATA,AND SAMPLES
A. Shop Drawings
1. Submit shop drawings for review as required by the Specifications.
2. CONTRACTOR's Certification, as described in paragraph 1.02C, shall be
placed on each drawing.
3. The drawings shall accurately and distinctly present the following:
a. Field and erection dimensions clearly identified as such
b. Arrangement and section views
04/00 01350 -4
CITY OF PEARLAND SUBMITTALS
c. Relation to adjacent materials or structure including complete
\ information for making connections between work under this
Contract and work under other contracts
d. Kinds of materials and finishes
e. Parts list and descriptions
f. Assembly drawings of equipment components and accessories
showing their respective positions and relationships to the complete
equipment package
g. Where necessary for clarity, identify details by reference to drawing
sheet and detail numbers, schedule or room numbers as shown on the
Contract Drawings.
4. Drawings shall be to scale, and shall be a true representation of the specific
equipment or item to be furnished.
B. Product Data
1. Submit product data for review as required in Specification sections.
2. CONTRACTOR's Certification, as described in paragraph 1.02C, shall be
placed on each data item submitted.
ri°\„
3. Mark each copy to identify applicable products,models, and options to be
used in this Project. Supplement manufacturers' standard data to provide
information unique to this Project,where required by the Specifications.
4. For products specified only by reference standard, give manufacturers,trade
name,model or catalog designation and applicable reference standard.
5. For products proposed as alternates to "approved"products, as described in
Section 01630 -Product Options and Substitutions provide all information
required to demonstrate the proposed products meet the level of quality and
performance criteria of the"approved product."
C. Samples
1. Submit samples for review as required by the Specifications.
2. CONTRACTOR's Certification, as described in paragraph 1.02C, shall be
placed on each sample or a firmly attached sheet of paper.
3. Submit the number of samples specified in Specifications; one of which will
be retained by the ENGINEER.
4. Reviewed samples that may be used in the Work are identified in
Specifications.
04/00 01350- 5
CITY OF PEARLAND SUBMITTALS
1.06 OPERATIONS AND MAINTENANCE DATA
A. When specified in Specification sections, submit manufacturers' printed instructions
for delivery, storage, assembly, installation, start-up, operation, adjusting, finishing,
and maintenance.
B. CONTRACTOR's Certification, as described in paragraph 1.02C, shall be placed on
front page of each document.
C. Identify conflicts between manufacturers' instructions and Contract Documents.
1.07 MANUFACTURER'S CERTIFICATES
A. When specified in Specification sections, submit manufacturers' certificate of
compliance for review by ENGINEER.
B. CONTRACTOR's Certification, as described in paragraph 1.02C, shall be placed on
front page of the certificate.
C. Submit supporting reference data, affidavits, and certifications as appropriate.
D. Certificates may be recent or previous test results on material or product,but must be
acceptable to ENGINEER.
1.08 CONSTRUCTION PHOTOGRAPHS
A. When required by Section 01010, submit photographs in accordance with
Section 01380.
1.09 PROJECT RECORD DOCUMENTS
A. Submit Project Record Documents in accordance with Section 01720 -Project
Record Documents.
1.10 VIDEO
A. Submit television videotapes as required in Section 02732 -Acceptance Testing for
Sanitary Sewers.
B. Transmittal forms for videotapes shall be numbered sequentially beginning with TO 1,
T02,T03, etc.
1.11 DESIGN MIXES
A. When specified in Specifications, submit design mixes for review.
B. CONTRACTOR's Certification as described in paragraph 1.02C, shall be placed on
front page of each design mix.
04/00 01350- 6
CITY OF PEARLAND SUBMITTALS
C. Mark each design mix to identify proportions, gradations, and additives for each class
and type of design mix submitted. Include applicable test results on samples for each
mix.
D. Maintain a copy of approved design mixes at mixing plant.
2.0 PRODUCTS (NOT USED)
3.0 EXECUTION (NOT USED)
END OF SECTION
04/00 01350-7
CITY OF PEARLAND REFERENCE STANDARDS
SECTION 01420
("h\ REFERENCE STANDARDS
1.0 GENERAL
1.01 SECTION INCLUDES
A. Section includes general quality assurance as related to Reference Standards and a list
of references.
1.02 QUALITY ASSURANCE
A. For Products or workmanship specified by association,trade,or Federal Standards,
comply with requirements of the standard, except when more rigid requirements are
specified or are required by applicable codes.
B. Conform to reference standard by date of issue current on the date as stated in the
General Conditions.
C. Request clarification from ENGINEER before proceeding should specified reference
standards conflict with Contract Documents.
1.03 SCHEDULE OF REFERENCES
AASHTO American Association of State Highway and Transportation Officials
444 North Capitol Street,N.W.
Washington, DC 20001
ACI American Concrete Institute
P.O. Box 19150
Reford Station
Detroit,MI 48219-0150
AGC Associated General Contractors of America
1957 E Street,N.W.
Washington, DC 20006
AI Asphalt Institute
Asphalt Institute Building
College Park, MD 20740
AITC American Institute of Timber Construction
333 W. Hampden Avenue
Englewood, CO 80110
rig\
04/00 01420- 1
CITY OF PEARLAND REFERENCE STANDARDS
AISC American Institute of Steel Construction
400 North Michigan Avenue, Eighth Floor
Chicago, IL 60611
AISI American Iron and Steel Institute
1000 16th Street,N.W.
Washington, DC 20036
ASME American Society of Mechanical Engineers
345 East 47th Street
New York,NY 10017
ANSI American National Standards Institute
1430 Broadway
New York,NY 10018
APA American Plywood Association
Box 11700
Tacoma, WA 98411
API American Petroleum Institute
1220 L Street,N.W.
Washington,DC 20005
AREA American Railway Engineering Association
50 F Street,N.W.
Washington,DC 20001
ASTM American Society for Testing and Materials
1916 Race Street
Philadelphia, PA 19103
AWPA American Wood-Preservers' Association
7735 Old Georgetown Road
Bethesda, MD 20014
AWS American Welding Society
P.O. Box 35104
Miami,FL 33135
AWWA American Water Works Association
6666 West Quincy Avenue
Denver, CO 80235
CLFMI Chain Link Fence Manufacturers Institute
1101 Connecticut Avenue,N.W.
Washington,DC 20036
04/00 01420 -2
CITY OF PEARLAND REFERENCE STANDARDS
CRD U.S. Army Corps of Engineers
CRSI Concrete Reinforcing Steel Institute
933 Plum Grove Road
Schaumburg, IL 60173-4758
EJMA Expansion Joint Manufacturers Association
707 Westchester Avenue
White Plains,NY 10604
FS Federal Standardization Documents
General Services Administration, Specifications Unit(WFSIS)
7th and D Streets, S.W.
Washington, DC 20406
ICEA Insulated Cable Engineer Association
P.O. Box 440
S. Yarmouth,MA 02664
IEEE Institute of Electrical and Electronics Engineers
445 Hoes Lane
P.O. Box 1331
Piscataway,NJ 0855-1331
MTh Military Specifications
General Services Administration, Specifications Unit(WFSIS)
7th and D Streets, S.W.
Washington, DC 20406
NACE National Association of Corrosion Engineers
P. O. Box 986
Katy, TX 77450
NEMA National Electrical Manufacturers' Association
2101 L Street, N.W., Suite 300
Washington, DC 20037
NFPA National Fire Protection Association
Batterymarch Park, P.O.Box 9101
Quincy, MA 02269-9101
OSHA Occupational Safety Health Administration
U.S. Department of Labor, Government Printing Office
Washington, DC 20402
PCA Portland Cement Association
5420 Old Orchard Road
Skokie, IL 60077-1083
04/00 01420-3
CITY OF PEARLAND REFERENCE STANDARDS
PCI Prestressed Concrete Institute
C1.6\ 201 North Wacker Drive
Chicago, IL 60606
SDI Steel Deck Institute
Box 9506
Canton, OH 44711
SSPC Steel Structures Painting Council
4400 Fifth Avenue
Pittsburgh, PA 15213
TAC Texas Administrative Code
TNRCC Texas Natural Resource Conservation Commission
P. O. Box 13087
Austin, TX 78711-3087
TxDOT Texas Department of Transportation
11th and Brazos
Austin, TX 78701 2483
UL Underwriters' Laboratories, Inc.
333 Pfingston Road
Northbrook, IL 60062
UNI-BELL UNI-BELL Pipe Association
2655 Villa Creek Drive, Suite 155
Dallas, TX 75234
2.0 PRODUCTS (NOT USED)
3.0 EXECUTION (NOT USED)
END OF SECTION
04/00 01420 -4
CITY OF PEARLAND CONTRACTOR'S QUALITY CONTROL
SECTION 01430
CONTRACTOR'S QUALITY CONTROL
1.0 GENERAL
1.01 SECTION INCLUDES
Quality assurance and control of installation and manufacturer's field services and reports.
1.02 QUALITY ASSURANCE/CONTROL OF INSTALLATION
A. Monitor quality control over suppliers,manufacturers,products, services, site
conditions, and workmanship,to produce Work of specified quality at no additional
cost to the City.
B. Comply fully with manufacturers' installation instructions, including each step in
sequence.
C. Request clarification from City Engineer before proceeding should manufacturers'
instructions conflict with Contract Documents.
D. Comply with specified standards as minimum requirements for the Work except
when more stringent tolerances,codes, or specified requirements indicate higher
(1118k\ standards or more precise workmanship.
E. Perform work by persons qualified to produce the specified level of workmanship.
1.03 REFERENCES
A. Obtain copies of standards and maintain at job site when required by individual
Specification sections.
1.04 MANUFACTURERS' FIELD SERVICES AND REPORTS
A. When specified in individual Specification sections,provide material or product
suppliers' or manufacturers' technical representative to observe site conditions,
conditions of surfaces and installation, quality of workmanship, start-up of
equipment, operator training, test, adjust,and balance of equipment as applicable, and
to initiate operation, as required. Conform to minimum time requirements for start-
up operations and operator training if defined in Specification sections.
B. At the City Engineer's request, submit qualifications of manufacturer's representative
to City Engineer fifteen (15) days in advance of required representative's services.
The representative shall be subject to approval of City Engineer.
C. Manufacturer's representative shall report observations and site decisions or
instructions given to applicators or installers that are supplemental or contrary to
manufacturers' written instructions. Submit report within fourteen (14)days of
observation to City Engineer for review.
04/00 01430 - 1
CITY OF PEARLAND CONTRACTOR'S QUALITY CONTROL
2.0 PRODUCTS (NOT USED)
3.0 EXECUTION (NOT USED)
END OF SECTION
C°1111.\
04/00 01430 -2
CITY OF PEARLAND INSPECTION SERVICES
SECTION 01440
INSPECTION SERVICES
1.0 GENERAL
1.01 SECTION INCLUDES
Inspection services and references
1.02 INSPECTION
A. City Engineer will appoint an Inspector as a representative of the City to perform
inspections, tests, and other services specified in individual specification Sections
B. Alternately, City Engineer may appoint, employ, and pay an independent firm to
provide additional inspection or construction management services as indicated in
Section 01450 -Testing Laboratory Services.
C. Reports will be submitted by the independent firm to City Engineer,
Architect/ENGINEER, and Contractor, indicating observations and results of tests
and indicating compliance or non-compliance with Contract Documents.
D. Contractor shall assist and cooperate with the Inspector; furnish samples of materials,
design mix, equipment,tools, and storage.
E. Contractor shall notify City Engineer 24 hours prior to expected time for operations
requiring services. Notify Architect/ENGINEER and independent firm when noted.
F. Contractor shall sign and acknowledge report for Inspector.
2.0 PRODUCTS (NOT USED)
3.0 EXECUTION .(NOT USED)
END OF SECTION
rib\
04/00 01440 - 1
CITY OF PEARLAND TESTING LABORATORY SERVICES
SECTION 01450
(111°'\'
TESTING LABORATORY SERVICES
1.0 GENERAL
1.01 SECTION INCLUDES
Testing Laboratory Services and CONTRACTOR responsibilities related to those services.
1.02 REFERENCES
A. ASTM D3740 -Practice for Evaluation of Agencies Engaged in Testing and/or
Inspection of Soil and Rock as Used in Engineering Design and Construction.
B. ASTM E329 -Recommended Practice for Inspection and Testing Agencies for
Concrete, Steel, and Bituminous Materials as Used in Construction.
1.03 SELECTION AND PAYMENT
A. OWNER will employ and pay for services of an independent testing laboratory to
perform inspection and testing identified in individual Specification sections.
B. Employment of testing laboratory shall not relieve CONTRACTOR of obligation to
perform work in accordance with requirements of Contract Documents.
(111.6\
C. CONTRACTOR shall schedule and monitor testing as required to provide timely
results and to avoid delay to the Work.
1.04 LABORATORY REPORTS
The ENGINEER will receive one (1) copy, City Engineer will receive two(2)copies, and the
CONTRACTOR will receive two (2) copies of laboratory reports from the testing laboratory.
One(1) of the CONTRACTOR's copies shall remain at site field office for duration of
project. Test results which indicate non-conformance shall be transmitted immediately via
fax from the testing laboratory to the CONTRACTOR and City Engineer.
1.05 LIMITS ON TESTING LABORATORY AUTHORITY
A. Laboratory may not release, revoke, alter, or enlarge on requirements of Contract
Documents.
B. Laboratory may not approve or accept any portion of the Work.
C. Laboratory may not assume any duties of CONTRACTOR.
D. Laboratory has no authority to stop the Work.
(1.1.\
04/00 01450- 1
CITY OF PEARLAND TESTING LABORATORY SERVICES
1.06 CONTRACTOR RESPONSIBILITIES
A. Notify City Engineer, and laboratory 24 hours prior to expected time for operations
requiring inspection and testing services. Notify Architect/ENGINEER if
specification section requires the presence of the Architect/ENGINEER.
B. Cooperate with laboratory personnel in collecting samples to be tested or collected on
site.
C. Provide access to the Work and to manufacturer's facilities.
D. Provide samples to laboratory in advance of their intended use to allow thorough
examination and testing.
E. Provide incidental labor and facilities for access to the Work to be tested; to obtain
and handle samples at the site or at source of products to be tested; and to facilitate
tests and inspections including storage and curing of test samples.
F. Arrange with laboratory and pay for:
1. Retesting required for failed tests.
2. Retesting for nonconforming Work.
3. Additional sampling and tests requested by CONTRACTOR for his own
purposes.
2.0 PRODUCTS (NOT USED)
3.0 EXECUTION
3.01 CONDUCTING TESTING
Laboratory sampling and testing shall conform to ASTM D3740 and ASTM E329,plus other
test standards specified in individual Specification sections.
END OF SECTION
04/00 01450-2
CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS
SECTION 01500
(4.1'\ TEMPORARY FACILITIES AND CONTROLS
1.0 GENERAL
1.01 SECTION INCLUDES
Temporary facilities and the necessary controls for the project including utilities, telephone,
sanitary facilities, field office, storage sheds and building, safety requirements,first aid
equipment, fire protection, security measures,protection of the Work and property, access
roads and parking, environmental controls, disposal of trash, debris, and excavated material,
pest and rodent control,water runoff and erosion control.
1.02 CONTRACTOR's RESPONSIBILITY
A. The facilities and controls specified in this section are considered minimum for the
Project. The CONTRACTOR may provide additional facilities and controls for the
proper execution of the Work and to meet CONTRACTOR's responsibilities for
protection of persons and property.
B. Comply with applicable requirements specified in other sections of the
Specifications.
ri"4\' 1. Maintain and operate temporary facilities and systems to assure continuous
service.
2. Modify and extend systems as Work progress requires.
3. Completely remove temporary materials and equipment when their use is no
longer required.
4. Restore existing facilities used for temporary services to specified or to
original condition.
1.03 TEMPORARY UTILITIES
A. Obtaining Temporary Service.
1. Make arrangements with utility service companies for temporary services.
2. Abide by rules and regulations of the utility service companies or authorities
having jurisdiction.
3. Be responsible for utility service costs until the Work is substantially
complete. Included are fuel,power,light,heat, and other utility services
necessary for execution, completion, testing, and initial operation of the
Pk, Work.
04/00 01500- 1
CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS
B. Water
1. Provide water required for and in connection with Work to be performed and
for specified tests of piping, equipment, devices, or for other use as required
for proper completion of the Work.
2. For water to be drawn from public fire hydrants, obtain special permit or
license and meter from the proper City officials. A deposit based on rates
established by latest ordinance will be required. Install backflow preventor on
fire hydrant supply.
3. Provide and maintain an adequate supply of potable water for domestic
consumption by CONTRACTOR personnel.
C. Electricity and Lighting.
1. Provide electric power service as required for the Work, including testing of
Work. Provide power for lighting, operation of the CONTRACTOR's
equipment, or for any other use by CONTRACTOR.
2. Electric power service includes temporary power service or generator to
maintain plant operations during any scheduled shutdown.
3. Minimum lighting level shall be 5 foot-candles for open areas; 10-foot-
candles for stairs and shops.
D. Temporary Heat and Ventilation
1. Provide temporary heat as necessary for protection or completion of the
Work.
2. Provide temporary heat and ventilation to assure safe working conditions;
maintain enclosed areas at a minimum of 50°F.
E. Telephone
Provide emergency telephone service at the CONTRACTOR's field office, or by
mobile telephone, for use by CONTRACTOR personnel and others performing work
or furnishing services at the site.
F. Sanitary Facilities
1. To provide and maintain sanitary facilities for persons on the job site, comply
with the regulations of State and local depailnients of health.
2. Enforce the use of sanitary facilities by construction personnel at the job site.
Such facilities shall be enclosed. Pit-type toilets will not be permitted. No
discharge will be allowed from these facilities. Collect and store sewage and
rm1\
04/00 01500-2
CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS
waste so as not to cause a nuisance or health problem; have sewage and waste
hauled off-site and properly disposed in accordance with local regulations.
3. Locate toilets near the Work site and secluded from view insofar as possible.
Keep toilets clean and supplied throughout the course of the Work.
1.04 FIELD OFFICE
Provision of a field office is not required unless stated otherwise in the Contract Documents.
If the CONTRACTOR chooses to provide one,locate it in a place approved by the
ENGINEER.
1.05 STORAGE OF MATERIALS
A. Provide adequately ventilated, watertight storage facilities with floor above ground
level for materials and equipment susceptible to weather damage.
B. Storage of materials not susceptible to weather damage may be on blocks off the
ground.
C. Store materials in a neat and orderly manner. Place materials and equipment to
permit easy access for identification, inspection and inventory.
1.06 SAFETY REQUIREMENTS
(1111°N, A. Submit and follow a safety program in accordance with Document 00700 -General
Conditions,Paragraph 10.1. Include in the safety program documented response to
trench safety requirements as specified in Section 01570 -Trench Safety System.
B. Conduct operations in strict accord with applicable Federal, State, and local safety
codes and statutes and with good construction practice. The CONTRACTOR is fully
responsible and obligated to establish and maintain procedures for safety of all work,
personnel and equipment involved in the Project.
C. Observe and comply with Texas Occupational Safety Act(Art. 5182a,V.C.S.)and
with all safety and health standards promulgated by Secretary of Labor under
Section 107 of Contract Work Hours and Standards Act,published in 29 CFR
Part 1926 and adopted by Secretary of Labor as occupational safety and health
standards under the Williams-Steiger Occupational Safety and Health Act of 1970,
and to any other legislation enacted for safety and health of CONTRACTOR
employees. Such safety and health standards apply to subcontractors and their
employees as well as to the CONTRACTOR and its employees.
D. Observance of and compliance with the regulations shall be solely and without
qualification the responsibility of the CONTRACTOR without reliance or
superintendence of or direction by the ENGINEER or the ENGINEER's
representative. Immediately advise the Engineer of investigation or inspection by
Federal Safety and Health inspectors of the CONTRACTOR or subcontractor's work
or place of work on the job site under this Contract, and after such investigation or
inspection, advise the ENGINEER of the results. Submit one (1) copy of accident
reports to ENGINEER within ten(10)days of occurrence.
04/00 01500-3
CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS
E. Protect areas occupied by workmen using the best available devices for detection of
(fig"\, lethal and combustible gases. Test such devices frequently to assure their functional
capability. Constantly observe infiltration of liquids into the Work area for visual or
odor evidences of contamination,immediate take appropriate steps to seal off entry of
contaminated liquids to the Work area.
F. Safety measures, including but not limited to safety personnel, first-aid equipment,
ventilating equipment and safety equipment, in the specifications and shown on the
Drawings are obligations of the CONTRACTOR.
G. Maintain required coordination with the local Police and Fire Departments during the
entire period covered by the Contract.
1.07 FIRST AID EQUIPMENT
A. Provide a first aid kit throughout the construction period. List telephone numbers for
physicians, hospitals, and ambulance services in each first aid kit.
B. Have at least one (1)person thoroughly trained in first aid procedures present on the
site whenever Work is in progress.
1.08 FIRE PROTECTION
A. Fire Protection Standards.
1. Conform to specified fire protection and prevention requirements as well as
those which may be established by Federal, State, or local governmental
agencies.
2. Comply with all applicable provisions of NFPA Standard No. 241,
Safeguarding Building Construction and Demolition Operations.
3. Provide portable fire extinguishers,rated not less than 2A or 5B in
accordance with NFPA Standard No. 10, Portable Fire Extinguishers,for each
temporary building, and for every 3,000 square feet of floor area of facilities
under construction.
4. Locate portable fire extinguishers within 50 feet maximum from any point in
the Project area.
B. Fire Prevention and Safety Measures.
1. Prohibit smoking in hazardous areas. Post suitable warning signs in areas
which are continuously or intermittently hazardous.
2. Use metal safety containers for storage and handling of flammable and
combustible liquids.
04/00 01500 -4
CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS
3. Do not store flammable or combustible liquids in or near stairways or exits.
4. Maintain clear exits from all points within a structure.
1.09 SECURITY MEASURES
A. Protect all Work materials, equipment, and property from loss,theft, damage, and
vandalism. CONTRACTOR's duty to protect property includes OWNER's property.
B. If existing fencing or barriers are breached or removed for purposes of construction,
provide and maintain temporary security fencing equal to existing.
1.10 PROTECTION OF PUBLIC UTILITIES
Prevent damage to existing public utilities during construction. These utilities are shown on
the Drawings at their approximate locations. Give OWNERS of these utilities at least 48
hours notice before commencing Work in the area, for locating the utilities during
construction, and for making adjustments or relocation of the utilities when they conflict with
the proposed Work.
1.11 PROTECTION OF THE WORK AND PROPERTY
A. Preventive Actions.
1. Take precautions,provide programs, and take actions necessary to protect the
Work and public and private property from damage.
2. Take action to prevent damage, injury or loss, including,but not limited to,
the following:
a. Store apparatus,materials, supplies, and equipment in an orderly, safe
manner that will not unduly interfere with progress of the Work or the
Work of any other CONTRACTOR, any utility service company, or
the OWNER's operations.
b. Provide suitable storage for materials which are subject to damage by
exposure to weather,theft,breakage, or otherwise.
c. Place upon the Work or any part thereof only such loads as are
consistent with the safety of that portion of the Work.
d. Frequently clean up refuse,rubbish, scrap materials, and debris
caused by construction operations,keeping the Project site safe and
orderly.
e. Provide safe barricades and guard rails around openings, for
scaffolding, for temporary stairs and ramps, around excavations,
elevated walkways, and other hazardous areas.
(00.1N' 3. Obtain written consent from proper parties before entering or occupying with
workers, tools,materials or equipment,privately-owned land except on
easements provided for construction.
04/00 01500- 5
CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS
4. Assume full responsibility for the preservation of public and private property
on or adjacent to the site. If any direct or indirect damage is done by or on
account of any act, omission,neglect, or misconduct in execution of the Work
by the CONTRACTOR, it shall be restored by the CONTRACTOR to a
condition equal to or better than that existing before the damage was done.
B. Barricades and Warning Signals.
Where Work is performed on or adjacent to any roadway,right-of-way, or public
place, furnish and erect barricades, fences, lights,warning signs, and danger signals;
provide watchmen; and take other precautionary measures for the protection of
persons or property and protection of the Work. Conform to Section 01555 -Traffic
Control and Regulation.
C. Tree and Plant Protection. Conform to requirements of Section 01563 -Tree and
Plant Protection.
D. Protection of Existing Structures
1. Underground Structures:
a. Underground structures are defined to include,but not be limited to,
sewer,water, gas, and other piping, and manholes, chambers,
electrical and signal conduits,tunnels, and other existing subsurface
installations located within or adjacent to the limits of the Work.
b. Known underground structures,including water, sewer, electric, and
telephone services are shown on the Drawings in accordance with the
best information available,but is not guaranteed to be correct or
complete. CONTRACTOR is responsible for making"Locate" calls.
c. Explore ahead of trenching and excavation work and uncover
obstructing underground structures sufficiently to determine their
location,to prevent damage to them and to prevent interruption of
utility services. Restore to original condition damages to
underground structure at no additional cost to the OWNER.
d. Necessary changes in location of the Work may be made by the
Engineer to avoid unanticipated underground structures.
e. If permanent relocation of an underground structure or other
subsurface installations is required and not otherwise provided for in
the Contract Documents,the Engineer will direct CONTRACTOR in
writing to perform the Work,which shall be paid for under the
provisions for changes in the Contract Price as described in
Document 00700 - General Conditions.
2. Surface Structures:
Surface structures are defined as existing buildings, structures and other
constructed installations above the ground surface. Included with such
04/00 01500 -6
CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS
structures are their foundations or any extension below the surface. Surface
structures include,but are not limited to buildings,tanks, walls,bridges,
roads, dams, channels, open drainage,piping,poles,wires,posts, signs,
markers, curbs,walks, guard cables, fencing, and other facilities that are
visible above the ground surface.
3. Protection of Underground and Surface Structures:
a. Support in place and protect from direct or indirect injury to
underground and surface structures located within or adjacent to the
limits of the Work. Install such supports carefully and as required by
the party owning or controlling such structure. Before installing
structure supports, CONTRACTOR shall satisfy the ENGINEER that
the methods and procedures to be used have been approved by the
owner of the structure.
b. Avoid moving or in any way changing the property of public utilities
or private service corporations without prior written consent of a
responsible official of that service or public utility. Representatives
of these utilities reserve the right to enter within the limits of this
project for the purpose of maintaining their properties, or of making
such changes or repairs to their property that may be considered
necessary by performance of this Contract.
rb..\ c. Notify the OWNERS and/or operators of utilities and pipelines of the
nature of construction operations to be performed and the date or
dates on which those operations will be performed. When
construction operations are required in the immediate vicinity of
existing structures,pipelines, or utilities, give a minimum of
five (5)working days advance notice. Probe and flag the location of
underground utilities prior to commencement of excavation. Keep
flags in place until construction operation reach and uncover the
utility.
d. Assume risks attending the presence or proximity of underground and
surface structures within or adjacent to the limits to the Work
including but not limited to damage and expense for direct or indirect
injury caused by the Work to any structure. Immediately repair
damage caused,to the satisfaction of the owner of the damaged
structure.
(111111N,
04/00 01500 -7
CITY OFPEARLAND TEMPORARY FACILITIES AND CONTROLS
E. Protection of Installed Products.
1. Provide protection of installed products to prevent damage from subsequent
operations. Remove protection facilities when no longer needed,prior to
completion of Work.
2. Control traffic to prevent damage to equipment,materials, and surfaces.
1.12 ROADS AND PARKING
A. Prevent interference with traffic and OWNER operations on existing roads.
B. Designate temporary parking areas to accommodate construction personnel. When
site space is not adequate,provide additional off-site parking. Locate as approved by
Engineer.
C. Minimize use by construction traffic of existing streets and driveways.
D. Do not allow heavy vehicles or construction equipment unnecessarily in existing
parking areas.
1.13 ENVIRONMENTAL CONTROLS
A. Provide and maintain methods, equipment, and temporary construction as necessary
for controls over environmental conditions at the construction site and adjacent areas.
rah
L B. Comply with statutes, regulations, and ordinances which relate to the proposed Work
for the prevention of environmental pollution and preservation of natural resources,
including but not limited to the National Environmental Policy Act of 1969,
PL 91-190,Executive Order 11514.
C. Recognize and adhere to the environmental requirements of the Project. Disturbed
areas shall be strictly limited to boundaries established by the Contract Documents.
Particularly avoid pollution of"on-site" streams, sewers, wells, or other water
sources.
D. Burning of rubbish, debris or waste materials is not permitted.
1.14 POLLUTION CONTROL
A. Provide methods,means, and facilities required to prevent contamination of soil,
water or atmosphere by discharge of noxious substances from construction
operations.
B. Provide equipment and personnel to perform emergency measures required to contain
any spillage, and to remove contaminated soils or liquids. Excavate and dispose of
any contaminated earth off-site, and replace with suitable compacted fill and topsoil.
C. Take special measures to prevent harmful substances from entering public waters.
Prevent disposal of wastes, effluents, chemicals, or other such substances adjacent to
streams, or in sanitary or storm sewers.
04/00 01500 - 8
CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS
D. Provide systems for control of atmospheric pollutants.
(11.16\ 1. Prevent toxic concentrations of chemicals.
2. Prevent harmful dispersal of pollutants into the atmosphere.
E. Use equipment during construction that conforms to current Federal, State, and local
laws and regulations.
1.15 PEST AND RODENT CONTROL
A. Provide rodent and pest control as necessary to prevent infestation of construction or
storage areas.
B. Employ methods and use materials which will not adversely affect conditions at the
site or on adjoining properties.
1.16 NOISE CONTROL
A. Provide vehicles, equipment, and construction activities that minimize noise to the
greatest degree practicable. Noise levels shall conform to the latest OSHA standards
and City Ordinances and in no case will noise levels be permitted which create a
nuisance in the surrounding neighborhoods.
B. Conduct construction operations during daylight hours from 7:30 a.m. to 6:00 p.m.
except as approved by ENGINEER.
1.17 DUST CONTROL
Control objectionable dust caused by.operation of vehicles and equipment. Apply water or
use other methods, subject to approval of the ENGINEER,which will control the amount of
dust generated.
1.18 WATER RUNOFF AND EROSION CONTROL
A. Provide methods to control surface water,runoff, subsurface water, and water
pumped from excavations and structures to prevent damage to the Work,the site, or
adjoining properties.
B. Control fill, grading and ditching to direct water away from excavations,pits,and
other construction areas; and to direct drainage to proper runoff courses so as to
prevent any erosion, sedimentation or damage.
C. Provide, operate, and maintain equipment and facilities of adequate size to control
surface water.
D. Dispose of drainage water in a manner to prevent flooding, erosion, or other damage
to any portion of the site or to adjoining areas and in conformance with
environmental requirements.
04/00 01500 - 9
CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS
E. Retain existing drainage patterns external to the construction site by constructing
temporary earth berms, sedimentation basins, retaining areas, and temporary ground
cover as needed to control conditions.
F. Plan and execute construction and earth work by methods to control surface drainage
from cuts and fills,and from borrow and waste disposal areas,to prevent erosion and
sedimentation.
1. Keep to a minimum the area of bare soil exposed at one time.
2. Provide temporary control measures, such as berms, dikes, and drains.
G. Construct fills and waste areas by selective placement to eliminate surface silts or
clays that will erode.
H. Inspect earthwork periodically to detect any evidence of the start of erosion. Apply
corrective measures as required to control erosion.
2.0 PRODUCTS (NOT USED)
3.0 EXECUTION (NOT USED)
(iiiii END OF SECTION
04/00 01500- 10
CITY OF PEARLAND MOBILIZATION
SECTION 01505
(11116'' MOBILIZATION
1.0 GENERAL
1.01 SECTION INCLUDES
Mobilization of construction equipment and facilities onto the site.
1.02 UNIT PRICES
A. Measurement for mobilization is on a lump sum basis.
B. Mobilization payments will be included in monthly payment estimates upon written
application by CONTRACTOR subject to the following provisions:
1. Authorization for payment of 50 percent of the contract price for mobilization
will be made upon receipt and approval by ENGINEER of the following
items, as applicable:
a. Schedule of values, if required by Section 01100
b. Trench safety program
c. Construction schedule
d. Pre-construction Photographs, if required by Section 01100
2. Authorization for payment of the remaining 50 percent of the Contract Price
for mobilization will be made upon completion of Work amounting to
5 percent of the Contract Price less the mobilization unit price.
C. Mobilization payments will be subject to retainage amounts stipulated in the General
Conditions.
2.0 PRODUCTS (NOT USED)
3.0 EXECUTION (NOT USED)
END OF SECTION
04/00 01505 - 1
CITY OF PEARLAND STABILIZED CONSTRUCTION EXIT
SECTION 01550
STABILIZED CONSTRUCTION EXIT
1.0 GENERAL
1.01 SECTION INCLUDES
Installation of erosion and sediment control for stabilized construction exits used during
construction and until final development of the site.
1.02 SUBMITTALS
A. , Manufacturer's catalog sheets and other product data on geotextile fabric.
B. Sieve analysis of aggregates conforming to requirements of this Specification.
1.03 UNIT PRICES
Unless indicated in the Unit Price Schedule as a pay item, no separate payment will be made
for work performed under this Section. Include cost of work performed under this Section in
pay items for which this work is a component.
2.0 PRODUCTS
2.01 GEOTEXTILE FABRIC
A. Provide woven or nonwoven geotextile fabric made of either polypropylene,
polyethylene, ethylene, or polyamide material.
B. Geotextile fabric shall have a minimum grab strength of 270 psi in any principal
direction(ASTM D-4632), and the equivalent opening size between 50 and 140.
C. Both the geotextile and threads shall be resistant to chemical attack, mildew, and rot
and shall contain ultraviolet ray inhibitors and stabilizers to provide a minimum of
6 months of expected usable life at a temperature range of 0°F to 120°F.
D. Representative Manufacturers: Mirafi,Inc., or equal.
2.02 COARSE AGGREGATES
A. Coarse aggregate shall consist of crushed stone, gravel, concrete, crushed blast
furnace slag, or a combination of these materials. Aggregate shall be composed of
clean, hard, durable materials free from adherent coatings, salt, alkali, dirt, clay,
loam, shale, soft or flaky materials, or organic and injurious matter.
Climh\
04/00 01550 - 1
CITY OF PEARLAND STABILIZED CONSTRUCTION EXIT
B. Coarse aggregates shall conform to the following gradation requirements.
(1.16`;
Sieve Size Percent Retained
ISquare Mesh) (By Weight)
2-1/2" 0
2" - 0 -20
1-1/2" 15 - 50
3/4" 60 - 80
No. 4 95 - 100
3.0 EXECUTION
3.01 PREPARATION AND INSTALLATION
A. If necessary to keep the street clean of mud carried by construction vehicles and
equipment,CONTRACTOR shall provide stabilized construction roads and exits at
the construction, staging,parking, storage, and disposal areas. Such erosion and
sediment controls shall be constructed in accordance with the requirements shown on
the Drawings and specified in this Section.
B. No clearing and grubbing or rough cutting shall be permitted until erosion and
sediment control systems are in place, other than as specifically directed by the
ENGINEER to allow soil testing and surveying.
C. Maintain existing erosion and sediment control systems located within the project site
until acceptance of the project or until directed by the ENGINEER to remove and
discard the existing system.
D. Regularly inspect and repair or replace components of stabilized construction exits.
Unless otherwise directed,maintain the stabilized construction roads and exits until
the project is accepted by the City. Remove stabilized construction roads and exits
promptly when directed by the ENGINEER. Discard removed materials off site.
E. Remove sediment deposits and dispose of them at the designated spoil site for the
project. If a project spoil site is not designated on the Drawings, dispose of sediment
off site at location not in or adjacent to a stream or floodplain. Off-site disposal is the
responsibility of the CONTRACTOR. Sediment to be placed at the project site
should be spread evenly throughout the site, compacted and stabilized. Sediment
shall not be allowed to flush into a stream or drainage way. If sediment has been
contaminated, it shall be disposed of in accordance with existing federal, state, and
local rules and regulations.
04/00 01550-2
CITY OF PEARLAND STABILIZED CONSTRUCTION EXIT
F. Equipment and vehicles shall be prohibited by the CONTRACTOR from
maneuvering on areas outside of dedicated rights-of-way and easements for
construction. Damage caused by construction traffic to erosion and sediment control
systems shall be repaired immediately.
G. Conduct all construction operations under this Contract in conformance with the
erosion control practices described in the Specification 01566 - Source Controls for
Erosion and Sedimentation.
3.02 CONSTRUCTION METHODS
A. Provide stabilized access roads, subdivision roads,parking areas, and other on-site
vehicle transportation routes where shown on Drawings.
B. Provide stabilized construction exits, and truck washing areas when approved by
ENGINEER, of the sizes and locations where shown on Drawings or as specified in
this Section.
C. Vehicles leaving construction areas shall have their tires cleaned to remove sediment
prior to entrance onto public right-of-way. When washing is needed to remove
sediment, CONTRACTOR shall construct a truck washing area. Truck washing shall
be done on stabilized areas which drain into a drainage system protected by erosion
and sediment control measures.
D. Details for stabilized construction exit are shown on the Drawings. Construction of
all other stabilized areas shall be to the same requirements. Roadway width shall be
at least 14 feet for one-way traffic and 20 feet for two-way traffic and shall be
sufficient for all ingress and egress. Furnish and place geotextile fabric as a
permeable separator to prevent mixing of coarse aggregate with underlaying soil.
Exposure of geotextile fabric to the elements between laydown and cover shall be a
maximum of fourteen(14)days to minimize damage potential.
E. Roads and parking areas shall be graded to provide sufficient drainage away from
stabilized areas. Use sandbags, gravel,boards, or similar methods to prevent
sediment from entering public right-of-way,receiving stream or storm water
conveyance system.
F. The stabilized areas shall be inspected and maintained daily. Provide periodic top
dressing with additional coarse aggregates to maintain the required depth. Repair and
clean out damaged control measures used to trap sediment. All sediment spilled,
dropped,washed, or tracked onto public right-of-way shall be removed immediately.
G. The length of the stabilized area shall be as shown on the Drawings,but not less than
50 feet. The thickness shall not be less than 8 inches. The width shall not be less
than full width of all points of ingress or egress.
H. Stabilization for other areas shall have the same coarse aggregate, thickness, and
width requirements as the stabilized construction exit, except where shown otherwise
Cab\ on the Drawings.
04/00 01550-3
CITY OF PEARLAND STABILIZED CONSTRUCTION EXIT
I. Stabilized area may be widened or lengthened to accommodate truck washing area
("1"\, when authorized by ENGINEER.
J. Alternative methods of construction may be utilized when shown on Drawings;or
when approved by the ENGINEER. These methods include the following:
1. Cement-Stabilized Soil -Compacted cement-stabilized soil or other fill
material in an application thickness of at least 8 inches.
2. Wood Mats/Mud Mats - Oak or other hardwood timbers placed edge-to-edge
and across support wooden beams which are placed on top of existing soil in
an application thickness of at least 6 inches.
3. Steel Mats -Perforated mats placed across perpendicular support members.
END OF SECTION
(16.6''\
04i00 01550 -4
CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION
SECTION 01555
TRAFFIC CONTROL AND REGULATION
1.0 GENERAL
1.01 SECTION INCLUDES
A. Requirements for signs, signals, control devices, flares, lights and traffic signals, as
well as construction parking control, designated haul routes and bridging of trenches
and excavations.
B. Requirement for and qualifications of flaggers.
1.02 SUBMITTALS
A. A traffic control plan responsive to the Texas Manual on Uniform Traffic Control
Devices (TMUTCD) and sealed by a Registered Professional Engineer is
incorporated into the Drawings. If the CONTRACTOR proposes to implement
traffic control different than the plan provided,he shall submit a traffic control plan
in conformance with the TMUTCD for approval of the ENGINEER.
B. For both the traffic control plan and flaggers use, submit schedules of values
(11111'\, within thirty(30)days following the Notice to Proceed. Refer to
Section 01350 - Submittals.
C. Make submittals in accordance with Section 01350 -Submittals.
1.03 UNIT PRICES
A. Traffic Control and Regulation. Measurement is on a lump sum basis for traffic
control and regulation, including submittal of a traffic control plan if different from
the plan shown on the Drawings,provision of traffic control devices, and provision of
equipment and personnel as necessary to protect the work and the public. The
amount invoiced shall be determined based on the schedule of values submitted for
traffic control and regulation.
B. Flaggers. Measurement is on a lump sum basis for flaggers as required for the
Project. The amount invoiced shall be determined based on the schedule of values
submitted for flaggers.
1.04 FLAGGERS
A. Unless otherwise specified, use only flaggers who are off-duty,regularly employed,
uniformed peace officers.
B. Flaggers are required at the following locations:
1. Where multi-lane vehicular traffic must be diverted into single-lane vehicular
traffic.
04/00 01555 - 1
CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION
2. Where vehicular traffic must change lanes abruptly.
3. Where construction equipment either enters or crosses vehicular traffic lanes
and walks.
4. Where construction equipment may intermittently encroach on vehicular
traffic lanes and unprotected walks and crosswalks.
5. Where construction activities might affect public safety and convenience.
6. Where traffic regulation is needed due to rerouting of vehicular traffic around
the work site.
C. The use of Flaggers is for the purpose of assisting in the regulation of traffic flow and
movement, and does not in any way relieve the CONTRACTOR of full responsibility
for taking such other steps and provide such other Flaggers or personnel as the
CONTRACTOR may deem necessary to protect the work and the public,and does
not in any way relieve the CONTRACTOR of his responsibility for any damage for
which he would otherwise be liable.
Flaggers shall be used and maintained at such points for such periods of time as may
be required to provide for the public safety and convenience of travel.
(1°11°', 2.0 PRODUCTS
2.01 SIGNS, SIGNALS,AND DEVICES
A. Comply with Texas State Manual on Uniform Traffic Control Devices.
B. Traffic Cones and Drums,Flares and Lights: As approved by agencies having
jurisdiction.
3.0 EXECUTION
•
3.01 PUBLIC ROADS
A. Abide by laws and regulations of governing authorities when using public roads. If
the CONTRACTOR's work requires that public roads be temporarily impeded or
closed, approvals shall be obtained from governing authorities and permits paid for
before starting any work. Coordinate activities with the Engineer.
B. CONTRACTOR shall maintain at all times a 10-foot-wide all-weather lane adjacent
to work areas which shall be kept free of construction equipment and debris and shall
be for the use of emergency vehicles, or as otherwise provided in the traffic control
plan.
C. CONTRACTOR shall not obstruct the normal flow of traffic from 7:00 a.m. to
9:00 a.m. and 4:00 p.m. to 6:00 p.m. on designated major arterials or as directed by
the ENGINEER.
04/00 01555 -2
CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION
D. CONTRACTOR shall maintain local driveway access to residential and commercial
(11111's properties adjacent to work areas at all times.
E. Cleanliness of Surrounding Streets:
Keep streets used for entering or leaving the job area free of excavated material,
debris, and any foreign material resulting from construction operations.
F. Control vehicular parking to prevent interference with public traffic and parking, and
access by emergency vehicles.
G. Monitor parking of construction personnel's vehicles in existing facilities. Maintain
vehicular access to and through parking areas.
H. Prevent parking on or adjacent to access roads or in non-designated areas.
3.03 FLARES AND LIGHTS
Provide flares and lights during hours of low visibility to delineate traffic lanes and to guide
traffic.
3.04 HAUL ROUTES
A. Utilize haul routes designated by authorities or shown on the Drawings for
construction traffic.
B. Confine construction traffic to designated haul routes.
C. Provide traffic control at critical areas of haul routes to regulate traffic and minimize
interference with public traffic.
3.05 TRAFFIC SIGNS AND SIGNALS
A. Install traffic control devices at approaches to the site and on site, at crossroads,
detours,parking areas,and elsewhere as needed to direct construction and affected
public traffic.
B. Relocate traffic signs and control devices as Work progresses to maintain effective
traffic control.
3.06 BRIDGING TRENCHES AND EXCAVATIONS
A. Whenever necessary,bridge trenches and excavation to permit an unobstructed flow
of traffic.
B. Secure bridging against displacement by using adjustable cleats, angles,bolts or other
devices whenever bridge is installed:
1. On an existing bus route;
2. When more than 5 percent of daily traffic is comprised of commercial or
truck traffic;
04/00 01555 -3
CITY OFPEARLAND TRAFFIC CONTROL AND REGULATION
3. When more than two (2) separate plates are used for the bridge; or
4. When bridge
g is to be used for more than five (5) consecutive days.
C. Install bridging to operate with minimum noise.
D. Adequately shore the trench or excavation to support bridge and traffic.
E. Extend steel plates used for bridging a minimum of one foot beyond edges of trench
or excavation. Use temporary paving materials (premix)to feather edges of plates to
minimize wheel impact on secured bridging.
F. Use steel plates of sufficient thickness to support H-20 loading,truck or lane,that
produces maximum stress.
3.07 REMOVAL
A. Remove equipment and devices when no longer required.
B. Repair damage caused by installation.
C. Remove post settings to a depth of 2 feet.
END OF SECTION
(11111
04/00 01555 -4
CITY OF PEARLAND FILTER FABRIC FENCE
CsI'`' SECTION 01560
FILTER FABRIC FENCE
1.0 GENERAL
1.01 SECTION INCLUDES
Installation of erosion and sediment control filter fabric fences used during construction and
until final development of the site. The purpose of filter fabric fences is to contain pollutants
from overland flow. Filter fabric fences are not for use in channelized flow areas. Filter
fabric fences may be reinforced.
1.02 UNIT PRICES
A. Filter fabric fence will be measured by the linear foot of completed and accepted
filter fabric fence between the limits of the beginning and ending of wooden stakes.
Filter fabric fence, measured as stated,will be paid for at the unit price bid for Filter
Fabric Fence, Complete in Place.
B. Payment for filter fabric fence will include and be full compensation for all labor,
equipment,materials, supervision, and all incidental expenses for construction of
these items,complete in place, including,but not limited to protection of trees,
maintenance requirements, repair and replacement of damaged sections,removal of
sediment deposits, and removal of erosion and sediment control systems at the end of
construction.
C. Filter fabric barrier, if specified, will be measured by the linear foot of completed and
accepted filter fabric barrier between the limits of the beginning and ending fence
posts. Filter fabric barrier, measured as stated,will be paid for at the unit price bid
for Filter Fabric Fence, Complete in Place.
D. Payment for filter fabric barrier will include and be full compensation for all labor,
equipment,materials, supervision, and incidental expenses for construction of these
items, complete in place, including,but not limited to protection of trees,
maintenance requirements, repair and replacement of damaged sections,removal of
sediment deposits, and removal of erosion and sediment control systems at the end of
construction.
1.03 SUBMITTALS
A. Manufacturer's catalog sheets and other product data on geotextile fabric.
B. Conform to requirements of Section 01350 - Submittals.
04/00 01560 - 1
CITY OF PEARLAND FILTER FABRIC FENCE
2.0 PRODUCTS
(obN.
2.01 FILTER FABRIC
A. Provide woven or nonwoven geotextile filter fabric made of either polypropylene,
polyethylene, ethylene, or polyamide material.
B. Geotextile fabric shall have a grab strength of 100 psi in any principal direction
(ASTM D-4632), Mullen burst strength exceeding 200 psi (ASTM D-3786), and the
equivalent opening size between 50 and 140.
C. Filter fabric material shall contain ultraviolet inhibitors and stabilizers to provide a
minimum of six(6)months of expected usable construction life at a temperature
range of 0°F to 120°F.
D. Representative Manufacturer: Mirafi, Inc., or equal.
2.02 FILTER FABRIC REINFORCEMENT
Provide woven galvanized steel wire fence with minimum thickness of 14 gauge and a
maximum mesh spacing of 6 inches.
3.0 EXECUTION
3.01 PREPARATION AND INSTALLATION
A. Provide erosion and sediment control systems at the locations shown on Drawings.
Such systems shall be of the type indicated and shall be constructed in accordance
with the requirements shown on the Drawings and specified in this Section.
B. No clearing and grubbing or rough cutting shall be permitted until erosion and
sediment control systems are in place,other than site work specifically directed by
the Engineer to allow soil testing and surveying.
C. Regularly inspect and repair or replace damaged components of filter fabric fences as
specified in this Section. Unless otherwise directed, maintain the erosion and
sediment control systems until the project area stabilization is accepted by the
OWNER. Remove erosion and sediment control systems promptly when directed by
the Engineer. Discard removed materials off site.
D. Remove sediment deposits and dispose of them at the designated spoil site for the
project. If a project spoil site is not designated on the Drawings, dispose of sediment
off site at a location not in or adjacent to a stream or floodplain. Off-site disposal is
the responsibility of the CONTRACTOR. Sediment to be placed at the project site
should be spread evenly throughout the site, compacted and stabilized. Sediment
shall not be allowed to flush into a stream or drainage way. If sediment has been
04/00 01560 -2
CITY OF PEARLAND FILTER FABRIC FENCE
contaminated, it shall be disposed of in accordance with existing federal, state, and
(111LA local rules and regulations.
E. Conduct all cons
truction operations under this Contract in conformance with the
erosion control practices described in Section 01566 - Source Controls for Erosion
and Sedimentation.
3.02 CONSTRUCTION METHODS
A. Provide filter fabric fence systems in accordance with the Drawing detail for Filter
Fabric Fences. Filter fabric fences shall be installed in such a manner that surface
runoff will percolate through the system in sheet flow fashion and allow sediment to
be retained and accumulated.
B. Attach the filter fabric to 2-inch by 2-inch wooden stakes spaced a maximum of
3 feet apart and embedded a minimum of 8 inches. If filter fabric is factory
preassembled with support netting,then maximum spacing allowable is 8 feet. Install
wooden stakes at a slight angle toward the source of anticipated runoff.
C. Trench in the toe of the filter fabric fence with a spade or mechanical trencher as
shown on the Drawings. Lay filter fabric along the edges of the trench. Backfill and
compact trench.
D. Filter fabric fence shall have a minimum height of 18 inches and a maximum height
of 36 inches above natural ground.
E. Provide the filter fabric in continuous rolls and cut to the length of the fence to
minimize the use of joints. When joints are necessary, splice the fabric together only
at a support post with a minimum 6-inch overlap and seal securely.
F. Inspect sediment filter barrier systems after each rainfall, daily during periods of
prolonged rainfall, and at a minimum once each week. Repair or replace damaged
sections immediately. Remove sediment deposits when silt reaches a depth one-third
the height of the fence or 6 inches,whichever is less.
G. Install reinforced filter fabric barriers for erosion and sediment control used during
construction and until the final development of the site. Reinforced filter fabric
barriers are used to retain sedimentation in channelized flow areas.
H. Provide filter fabric barriers in accordance with the Drawing detail for Reinforced
Filter Fabric Barrier. Filter fabric barrier systems shall be installed in such a manner
that surface runoff will percolate through the system in sheet flow fashion and allow
sediment to be retained and accumulated.
I. Trench in the toe of the filter fabric barrier with a spade or mechanical trencher as
shown on the Drawings. Lay filter fabric along the edges of the trench. Backfill and
compact trench.
J. Securely fasten the filter fabric material to the woven wire with tie wires.
04/00 01560 -3
CITY OF PEARLAND FILTER FABRIC FENCE
I
K. Provide the filter fabric in continuous rolls and cut to the length of the fence toCom"\. i
minimize the use of joints. When joints are necessary, splice the fabric together only
at a support post with a minimum 6-inch overlap and seal securely.
L. Inspect the reinforced filter fabric barrier systems after each rainfall, daily during
periods of prolonged rainfall, and at a minimum once each week. Repair or replace
damaged sections immediately. Remove sediment deposits when silt reaches a depth
one-third the height of the barrier or 6 inches,whichever is less.
END OF SECTION
04/00 01560 -4
CITY OF PEARLAND WASTE MATERIAL DISPOSAL
SECTION 01562
WASTE MATERIAL DISPOSAL
1.0 GENERAL
1.01 SECTION INCLUDES
Disposal of waste material and salvageable material.
1.02 UNIT PRICES
No separate payment will be made for waste material disposal under this Section. Include
payment in unit price for related sections.
1.03 SUBMITTALS
A. Submittals shall conform to requirements of Section 01350 - Submittals.
B. Obtain and submit disposal permits for proposed disposal sites if required by local
ordinances.
C. Submit a copy of written permission from property owner, along with description of
property,prior to disposal of excess material adjacent to the Project. Submit a
written and signed release from property owner upon completion of disposal work.
City of Pearland requires individual fill placement permits for all fill placed within
the City limits.
2.0 PRODUCTS (NOT USED)
3.0 EXECUTION
3.01 SALVAGEABLE MATERIAL
A. Excavated material: When indicated on Drawings, load, haul, and deposit excavated
material at a location or locations shown on Drawings outside the limits of Project.
B. Base, surface,and bedding material: Deliver gravel,bituminous, or other base and
surfacing material designated for salvage to the location designated by the
ENGINEER.
C. Pipe culvert: Deliver culverts designated for salvage to OWNER's storage area.
D. Other salvageable materials: Conform to requirements of individual Specification
Sections.
(11116\ E. Coordinate delivery of salvageable material with ENGINEER.
04/00 01562 - 1
CITY OF PEARLAND WASTE MATERIAL DISPOSAL
3.02 EXCESS MATERIAL
A. Vegetation, rubble, broken concrete, debris, asphaltic concrete pavement, excess soil,
and other materials not designated for salvage, shall become the property of
Contractor and shall be removed from the job site and legally disposed of.
B. Excess soil may be deposited on private property adjacent to the Project when written
permission is obtained from property owner. See Paragraph 1.03 C above.
C. Verify the flood plain status of any proposed disposal site. Do not dispose of
excavated materials in an area designated as within the 100-year Flood Hazard Area.
D. Waste materials shall be removed from the site on a daily basis, such that the site is
maintained in a neat and orderly condition.
END OF SECTION
(1/116
04/00 01562 -2
CITY OF PEARLAND TREE AND PLANT PROTECTION
SECTION 01563
TREE AND PLANT PROTECTION
1.0 GENERAL
1.01 SECTION INCLUDES
Tree and plant protection.
1.02 PROJECT CONDITIONS
A. Preserve and protect existing trees and plants to remain from foliage,branch,trunk,
or root damage that could result from construction operations.
B. Prevent following types of damage:
1. Compaction of root zone by foot or vehicular traffic, or material storage.
2. Trunk damage from equipment operations,material storage, or from nailing
or bolting.
3. Trunk and branch damage caused by ropes or guy wires or machine impacts.
r"`, 4. Root poisoning from spilled solvents, gasoline,paint, and other noxious
materials.
5. Branch damage due to improper pruning or trimming.
6. Damage from lack of water due to:
a. Cutting or altering natural water migration patterns near root zones.
b. Failure to provide adequate watering.
7. Damage from alteration of soil pH factor caused by depositing lime,concrete,
plaster, or other base materials near roots.
8. Cutting feeder of roots or roots larger than 1%2 inches in diameter.
1.03 DAMAGE ASSESSMENT
When trees other than those designated for removal are destroyed or badly damaged as a
result of construction operations,remove and replace with same size, species, and variety up
to and including 8 inches in trunk diameter. Tree larger than 8 inches in diameter shall be
replaced with an 8-inch diameter tree of the same species and variety and total contract
amount will be reduced by an amount determined from the following International Shade
Tree Conference formula: 0.7854 x D2 x$10.00 where D is diameter in inches of tree or
r6\ shrub trunk measured 12 inches above grade.
04/00 01563 - 1
CITY OF PEARLAND TREE AND PLANT PROTECTION
2.0 PRODUCTS
2.01 MATERIALS
A. Asphalt paint: Emulsified asphalt or other adhesive, elastic, antiseptic coating
formulated for horticultural use on cut or injured plant tissue, free from kerosene and
coal creosote.
B. Burlap: Suitable for use as tree wrapping.
C. Fertilizer: Liquid containing 20 percent nitrogen, 10 percent phosphorus, and
5 percent potash.
D. All necessary tree replacements shall be as approved by ENGINEER/Urban Forester.
3.0 EXECUTION
3.01 PROTECTION AND MAINTENANCE OF EXISTING TREES AND SHRUBS
A. Except for trees and shrubs shown on Drawings to be removed, all trees and shrubs
within the project area are to remain and be protected from damage.
B. For trees to be removed, as designated on the Drawings, perform the following:
1. Stake right-of-way limits and identify any tree of diameter greater than
4 inches which is to be removed. Mark trees prior to felling with an X in
orange paint, clearly visible, on the trunk, and at eye level.
2. After marking trees give a minimum of 48-hours notice in writing to the
ENGINEER of intent to begin felling operations.
3. Trees whose trunks are only partially in the right-of-way shall be protected
and preserved as described below.
C. For trees or shrubs to remain,perform the following:
1. Trim trees and shrubs only as necessary.
a. Trees and shrubs requiring pruning for construction should also be
pruned for balance as well as to maintain proper form and branching
habit.
b. Cut limbs at branch collar. No stubs should remain on trees. Branch
cuts should not gouge outer layer of tree structure or trunk.
2. Use extreme care to prevent excessive damage to root systems.
a. Roots in construction areas will be cut smoothly with a trencher
before excavation begins. Do not allow ripping of roots with a
backhoe or other equipment.
04/00 01563 -2
CITY OF PEARLAND TREE AND PLANT PROTECTION
b. Temporarily cover exposed roots with wet burlap to prevent roots
from drying out.
c. Cover exposed roots with soil as soon as possible.
3. Prevent damage or compaction of root zone (area inside dripline)by
construction activities.
a. Do not allow scarring of trunks or limbs by equipment or other
means.
b. Do not store construction materials,vehicles, or excavated material
inside dripline of trees.
c. Do not pour liquid materials inside dripline.
4. Water and fertilize trees and shrubs that will remain to maintain their health
during construction period.
a. Supplemental watering of landscaping during construction should be
done once every 7 days in cold months and once every four(4) days
in hotter months.
b. This watering shall consist of saturating soils at least 6 to 8 inches
( beneath surface.
5. Water areas currently being served by p sprinkler s rinkler systems while
systems are temporarily taken out of service to maintain health of existing
landscapes.
6. At option of the CONTRACTOR and with the ENGINEER's permission,trees
and shrubs to remain may be temporarily transplanted and returned to original
positions under supervision of professional horticulturist.
3.02 PROTECTION
A. Protection of Trees or Shrubs in Open Area:
1. Install steel drive-in fence posts in protective circle, approximately 8 feet on
center, not closer than 4 feet to trunk of trees or stems of shrubs.
2. Drive steel drive-in fence posts 3 feet minimum into ground, leaving 5 feet
minimum above ground.
3. Mount steel hog-wire on fence posts.
4. For trees or shrubs in paved areas,mount concrete-filled steel pipe 2Y2 inches
in diameter minimum in rubber auto tires filled with concrete (movable
posts).
04/00 01563 - 3
CITY OF PEARLAND TREE AND PLANT PROTECTION
B. Timber Wrap Protection for Trees in Close Proximity of Moving or Mechanical
Equipment and Construction Work:
1. Wrap trunk with layer of burlap.
2. Install 2 x 4s or 2 x 6s (5-foot to 6-foot lengths)vertically, spaced 3 inches to
5 inches apart around circumference of tree trunk.
3. Tie in place with 12 to 9 gage steel wire.
3.03 MAINTENANCE OF NEWLY PLANTED TREES
A. Water trees during dry periods.
B. The CONTRACTOR guarantees that trees planted for this Project shall remain alive
and healthy at least until the end of a one-year warranty period.
1. Within four weeks of notice from OWNER, CONTRACTOR shall replace,at
his expense, any dead trees or any trees that in the opinion of OWNER,have
become unhealthy or unsightly or have lost their natural shape as a result of
additional growth,improper pruning or maintenance, or weather conditions.
2. When tree must be replaced, the guarantee period for that tree shall begin on
date of replacement of tree, subject to the OWNER's inspection, for no less
than one year.
3. Straighten leaning trees and bear entire cost.
4. Dispose of trees rejected at any time by ENGINEER at CON l'RACTOR's
expense.
END OF SECTION
052511256.0011
04/00 01563 -4
CITY OF PEARLAND CONTROL OF GROUNDWATER AND SURFACE WATER
SECTION 01564
CONTROL OF GROUNDWATER AND SURFACE WATER
1.0 GENERAL
1.1 SECTION INCLUDES
A. Dewatering, depressurizing, draining, and maintaining trench and structure
excavations and foundation beds in dry and stable condition.
B. Protecting work against surface runoff and rising floodwaters.
C. Disposing of removed water.
1.2 METHOD OF PAYMENT
Unless otherwise specified in the Contract Documents,no separate payment will be made for
control of ground water and surface water. Include the cost to control ground water and
surface water in price for work requiring such controls.
1.3 DEFINITIONS
Ground water control includes both dewatering and depressurization of water-bearing soil
layers.
1. Dewatering includes lowering the water table and intercepting seepage which
would otherwise emerge from slopes or bottoms of excavations and disposing
of removed water. The intent of dewatering is to increase stability of
excavated slopes;prevent dislocation of material from slopes or bottoms of
excavations; reduce lateral loads on sheeting and bracing; improve excavating
and hauling characteristics of excavated material;prevent failure or heaving
of the bottom of excavations; and to provide suitable conditions for placement
of backfill materials and construction of structures and other installations.
2. Depressurization includes reduction in piezometric pressure within strata not
controlled by dewatering alone, as required to prevent failure or heaving of
excavation bottom.
B. Excavation drainage includes keeping excavations free of surface and seepage water.
C. Surface drainage includes use of temporary drainage ditches and dikes and
installation of temporary culverts and sump pumps with discharge lines as required to
protect the Work from any source of surface water.
D. Equipment and instrumentation for monitoring and control of the ground water
control system includes piezometers and monitoring wells, and devices, such as flow
meters, for observing and recording flow rates.
04/00 01564- 1
CITY OF PEARLAND CONTROL OF GROUNDWATER AND SURFACE WATER
1.4 PERFORMANCE REQUIREMENTS
A. Conduct subsurface investigations to identify groundwater conditions and to provide
parameters for design, installation, and operation of groundwater control systems.
B. Design a ground water control system, compatible with requirements of Federal
Regulations 29 CFR Part 1926 and Section 01526 -Trench Safety Systems,to
produce the following results:
1. Effectively reduce the hydrostatic pressure affecting excavations.
2. Develop a substantially dry and stable subgrade for subsequent construction
operations.
3. Preclude damage to adjacent properties,buildings, structures,utilities,
installed facilities, and other work.
4. Prevent the loss of fines, seepage,boils, quick condition, or softening of the
foundation strata.
5. Maintain stability of sides and bottom of excavations.
C. Ground water control systems may include single-stage or multiple-stage well point
systems, eductor and ejector-type systems, deep wells, or combinations of these
equipment types.
D. Provide drainage of seepage water and surface water, as well as water from any other
source entering the excavation. Excavation drainage may include placement of
drainage materials, such as crushed stone and filter fabric,together with sump
pumping.
E. Provide ditches,berms,pumps and other methods necessary to divert and drain
surface water from excavation and other work areas.
F. Locate ground water control and drainage systems so as not to interfere with utilities,
construction operations, adjacent properties, or adjacent water wells.
G. Assume sole responsibility for ground water control systems and for any loss or
damage resulting from partial or complete failure of protective measures and any
settlement or resultant damage caused by the ground water control operations.
Modify ground water control systems or operations if they cause or threaten to cause
damage to new construction, existing site improvements, adjacent property, or
adjacent water wells, or affect potentially contaminated areas. Repair damage caused
by ground water control systems or resulting from failure of the system to protect
property as required.
H. Provide an adequate number of piezometers installed at the proper locations and
ClimbN depths as required to provide meaningful observations of the conditions affecting the
excavation, adjacent structures, and water wells.
04/00 01564-2
CITY OF PEARLAND CONTROL OF GROUNDWATER AND SURFACE WATER
I. Provide environmental monitoring wells installed at the proper locations and depths
as required to provide adequate observations of hydrostatic conditions and possible
contaminant transport from contamination sources into the work area or into the
ground water control system.
J. Decommission piezometers and monitoring wells installed during design phase
studies and left for CONTRACTORS monitoring and use.
1.5 SUBMITTALS
A. Submittals shall conform to requirements of Section 01350- Submittals.
B. Submit a Ground Water and Surface Water Control Plan for review by the
ENGINEER prior to start of any fieldwork. The Plan shall be signed by a
Professional Engineer registered in the State of Texas. Submit a plan to include the
following:
1. Results of subsurface investigation and description of the extent and
characteristics of water bearing layers subject to ground water control.
2. Names of equipment suppliers and installation subcontractors.
3. A description of proposed ground water control systems indicating
arrangement, location, depth and capacities of system components,
(11111\1 installation details and criteria, and operation and maintenance procedures.
4. A description of proposed monitoring and control system indicating depths
and locations of piezometers and monitoring wells,monitoring installation
details and criteria,type of equipment and instrumentation with pertinent data
and characteristics.
5. A description of proposed filters including types, sizes, capacities and
manufacturer's application recommendations.
6. Design calculations demonstrating adequacy of proposed systems for
intended applications. Define potential area of influence of ground water
control operation near contaminated areas.
7. Operating requirements, including piezometric control elevations for
dewatering and depressurization.
8. Excavation drainage methods including typical drainage layers, sump pump
application and other necessary means.
9. Surface water control and drainage installations.
10. Proposed methods and locations for disposing of removed water.
04/00 01564-3
CITY OF PEARLAND CONTROL OF GROUNDWATER AND SURFACE WATER
C. Submit the following records upon completed initial installation:
C/".\.
1. Installation and development rep
orts ports for well points, eductors, and deep wells.
2. Installation reports and baseline readings for piezometers and monitoring
wells.
3. Baseline analytical test data of water from monitoring wells.
4. Initial flow rates.
D. Submit the following records on a weekly basis during operations:
1. Records of flow rates and piezometric elevations obtained during monitoring
of dewatering and depressurization. Refer to Paragraph 3.02,Requirements
for Eductor, Well Points, or Deep Wells.
2. Maintenance records for ground water control installations,piezometers,and
monitoring wells.
E. Submit the following records at end of work. Decommissioning(abandonment)
reports for monitoring wells and piezometers installed by other during the design
phase and left for CONTRACTOR's monitoring and use.
Cl°16\, 1.6 ENVIRONMENTAL REQUIREMENTS
A. Comply with requirements of agencies having jurisdiction.
B. Comply with Texas Natural Resource Conservation Commission regulations and
Texas Water Well Drillers Association for development, drilling, and abandonment
of wells used in dewatering system.
C. Obtain permit from EPA under the National Pollutant Discharge Elimination System
(NPDES), for storm water discharge from construction sites. Refer to
Section 01565—NPDES Permit Requirements.
D. Obtain all necessary permits from agencies with control over the use of groundwater
and matters affecting well installation,water discharge, and use of existing storm
drains and natural water sources. Because the review and permitting process may be
lengthy, take early action to pursue and submit for the required approvals.
E. • Monitor ground water discharge for contamination while performing pumping in the
vicinity of potentially contaminated sites.
04/00 01564 -4
CITY OF PEARLAND CONTROL OF GROUNDWATER AND SURFACE WATER
(08",, 2.0 PRODUCTS
2.1 EQUIPMENT AND MATERIALS
A. Equipment and materials are at the option of CONTRACTOR as necessary to achieve
desired results for dewatering. Selected equipment and materials are subject to
review of the ENGINEER through submittals required in Paragraph 1.06, Submittals.
B. Eductors,well points, or deep wells,where used,must be furnished, installed and
operated by an experienced contractor regularly engaged in ground water control
system design, installation, and operation.
C. All equipment must be in good repair and operating order.
D. Sufficient standby equipment and materials shall be kept available to ensure
continuous operation,where required.
3.0 EXECUTION
3.1 GROUND WATER CONTROL
A. Perform a subsurface investigation by borings as necessary to identify water-bearing
layers,piezometric pressures, and soil parameters for design and installation of
(1/1"\, ground water control systems. Perform pump tests, if necessary to determine the
draw-down characteristics of the water-bearing layers. The results shall be presented
in the Ground Water and Surface Water Control Plan(see Paragraph 1.5B.1).
B. Provide labor,material, equipment,techniques and methods to lower, control and
handle ground water in a manner compatible with construction methods and site
conditions. Monitor effectiveness of the installed system and its effect on adjacent
property.
C. Install, operate, and maintain ground water control systems in accordance with the
Ground Water and Surface Water Control Plan. Notify ENGINEER in writing of any
changes made to accommodate field conditions and changes to the Work. Provide
revised drawings and calculations with such notification.
D. Provide for continuous system operation,including nights,weekends, and holidays.
Arrange for appropriate backup if electrical power is primary energy source for
dewatering system.
E. Monitor operations to verify that the system lowers ground water piezometric levels
at a rate required to maintain a dry excavation resulting in a stable subgrade for
prosecution of subsequent operations.
F. Where hydrostatic pressures in confined water bearing layers exist below excavation,
depressurize those zones to eliminate risk of uplift or other instability of excavation
or installed works. Allowable piezometric elevations shall be defined in the Ground
Water and Surface Water Control Plan.
04/00 01564-5
CITY OF PEARLAND CONTROL OF GROUNDWATER AND SURFACE WATER
(1111"\, G. Maintain water level below subgrade elevation. Do not allow levels to rise until
foundation concrete has achieved design strength.
H. During backfilling, dewatering may be reduced to maintain water level a minimum of
5 feet below prevailing level of backfill. However, do not allow that water level to
result in uplift pressures in excess of 80 percent of downward pressure produced by
weight of structure or backfill in place. Do not allow water levels to rise into cement-
stabilized sand until at least 48 hour after placement.
I. Provide a uniform diameter for each pipe drain run constructed for dewatering.
Remove pipe drain when it has served its purpose. If removal of pipe is impractical,
provide grout connections at 50-foot intervals and fill pipe with cement-bentonite
grout or cement-sand grout when pipe is removed from service.
J. Extent of construction ground water control for structures with a permanent
perforated underground drainage system may be reduced, such as for units designed
to withstand hydrostatic uplift pressure. Provide a means of draining the affected
portion of underground system,including standby equipment. Maintain drainage
system during operations and remove it when no longer required.
K. Remove system upon completion of construction or when dewatering and control of
surface or ground water is no longer required.
L. Compact backfill as required by the Contract Documents.
(411 ,
3.2 REQUIREMENTS FOR EDUCTOR,WELL POINTS, OR DEEP WELLS
A. For aboveground piping in ground water control system, include a 12-inch minimum
length of clear, transparent piping between every eductor well or well point and
discharge header so that discharge from each installation can be visually monitored.
B. Install sufficient piezometers or monitoring wells to show that all trench or shaft
excavations in water bearing materials are predrained prior to excavation. Provide
separate piezometers for monitoring of dewatering and for monitoring of
depressurization. Install piezometers and monitoring wells for tunneling as
appropriate for CONTRACTOR's selected method of work.
C. Install piezometers or monitoring wells not less than one week in advance of
beginning the associated excavation.
D. Dewatering may be omitted for portions of underdrains or other excavations,but only
where auger borings and piezometers or monitoring wells show that soil is predrained
by an existing system such that the criteria of the ground water control plan are
satisfied.
04/00 01564- 6
CITY OF PEARLAND CONTROL OF GROUNDWATER AND SURFACE WATER
E. Replace installations that produce noticeable amounts of sediments after
development.
F. Provide additional ground water control installations, or change the methods,in the
event that the installations according to the ground water control plan does not
provide satisfactory results based on the performance criteria defined by the plan and
by the specification. Submit a revised plan according to Paragraph 1.5B.
3.3 EXCAVATION DRAINAGE
CONTRACTOR may use excavation drainage methods if necessary to achieve well drained
conditions. The excavation drainage may consist of a layer of crushed stone and filter fabric,
and sump pumping in combination with sufficient wells for ground water control to maintain
stable excavation and backfill conditions.
3.4 MAINTENANCE AND OBSERVATION
A. Conduct daily maintenance and observation of piezometers or monitoring wells while
the ground water control installations or excavation drainage are operating in an area.
Keep system in good operating condition.
B. Replace damaged and destroyed piezometers or monitoring wells with new
piezometers or wells as necessary to meet observation schedule.
Clik) C. Cut off piezometers or monitoring wells in excavation areas where piping is exposed,
only as necessary to perform observation as excavation proceeds. Continue to
maintain and make observations, as specified.
D. Remove and grout piezometers inside or outside the excavation area when ground
water control operations are complete. Remove and grout monitoring wells when
directed by the ENGINEER.
3.5 MONITORING AND RECORDING
A. Monitor and record average flow rate of operation for each deep well, or for each
wellpoint or eductor header used in dewatering system. Also monitor and record
water level and ground water recovery. These records shall be obtained daily until
steady conditions are achieved, and twice weekly thereafter.
B. Observe and record elevation of water level daily as long as ground water control
system is in operation, and weekly thereafter until the Work is completed or
piezometers or wells are removed, except when ENGINEER determines that more
frequent monitoring and recording are required. Comply with ENGINEER's
direction for increased monitoring and recording and take measures as necessary to
ensure effective dewatering for intended purpose.
(11.
04/00 01564- 7
CITY OF PEARLAND CONTROL OF GROUNDWATER AND SURFACE WATER
3.6 SURFACE WATER CONTROL
A. Intercept surface water and divert it away from excavations through use of dikes,
ditches, curb walls,pipes, sumps or other approved means. The requirement includes
temporary works required to protect adjoining properties from surface drainage
caused by construction operations.
B. Divert surface water and seepage water into sumps and pump it into drainage
channels or storm drains,when approved by agencies having jurisdiction. Provide
settling basins when required by such agencies.
END OF SECTION
Cfah
04/00 01564- 8
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
(11.k\ SECTION 01565
TPDES REQUIREMENTS
1.0 GENERAL
1.01 SECTION INCLUDES
A. Documentation to be prepared and signed by Contractor before conducting
construction operations, in accordance with the Texas Pollutant Discharge
Elimination System(TPDES)Construction General Permit Number TXR150000
issued March 5, 2003 (the Construction General Permit).
B. Implementation,maintenance inspection, and termination of storm water pollution
prevention control measures including,but not limited to, erosion and sediment
controls, storm water management plans, waste collection and disposal, off-site
vehicle tracking, and other appropriate practices shown on the Drawings or specified
elsewhere in the Contract.
C. Review of the Storm Water Pollution Prevention Plan(SWP3)implementation in a
meeting with Project Manager prior to start of construction.
C"\. 1.02 DEFINITIONS
A. Commencement of Construction Activities: The exposure of soil resulting from
activities such as clearing, grading, and excavating.
B. Large Construction Activity: Project that:
1. disturbs 5 acres or more, or
2. disturbs less than 5 acres but is part of a larger common plan of development
that will disturb 5 acres or more of land.
C. Small Construction Activity: Project that:
1. disturbs 1 or more acres but less than 5 acres, or
2. disturbs less than 1 acre but is part of a larger common plan of development
that will ultimately disturb 1 or more acres but less than 5 acres.
D. TPDES Operator:
The person or persons who have day-to-day operational control of the construction
activities which are necessary to ensure compliance with the SWP3 for the site or
other Construction General Permit conditions.
2.0 PRODUCTS (NOT USED)
Project No.052511256.0004 01565—Page 1 of 16 TPDES REQUIREMENTS
July 7,2003
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
3.0 EXECUTION
3.01 SITE SPECIFIC STORM WATER POLLUTION PREVENTION PLAN(SWP3)
A. Prepare a SWP3 following Part III of the TPDES General Permit TXR150000 under
Section F.
B. Update or revise the SWP3 as needed during the construction following Part III,
Section E of the Construction General Permit.
C. Submit the SWP3 and any updates or revisions to Project Manager for review and
address comments prior to commencing, or continuing, construction activities.
3.02 NOTICE OF INTENT FOR LARGE CONSTRUCTION ACTIVITY
A. Fill out, sign, and date TCEQ Form 20022 (02/03)Notice of Intent(NOI) for Storm
Water Discharges Associated with Construction Activity under the TPDES
Construction General Permit(TXR150000),ATTACHMENT 1 of this
Section 01565.
B. Transmit the signed Contractor's copy of TCEQ Form 20022 (02/03), along with a
$100.00 check,made out to Texas Commission on Environmental Quality, and the
completed Payment Submittal Form to Project Manager.
C. Project Manager will complete a separate TCEQ Form 20022 (02/03) for City's NOI,
and will submit both Notices, along with checks for application fees, to the TCEQ.
D. Submission of the Notice of Intent form by both the City and Contractor to TCEQ is
required a minimum of 2 days before Commencement of Construction Activities.
3.03 CONSTRUCTION SITE NOTICE FOR SMALL CONSTRUCTION ACTIVITY
A. Fill out, sign, and date the Construction Site Notice, Attachment 2 to TPDES General
Permit TXR150000, "Construction Site Notice,"ATTACHMENT 2 of this
Section 01565.
B. Transmit the signed Construction Site Notice to Project Manager at least 7 days prior
to Commencement of Construction Activity.
3.04 CERTIFICATION REQUIREMENTS
A. Fill out TPDES Operator's Information form,ATTACHMENT 3 of this
Section 01565, including Contractor's name, address, and telephone number and the
names of persons or firms responsible for maintenance and inspection of erosion and
sediment control measures. Use multiple copies as required to document full
information.
B. Contractor and Subcontractors shall sign and date the Contactor's/Subcontractor's
Certification for TPDES Permitting, ATTACHMENT 4 of this Section 01565.
Include this certification with other Project certification forms..
Project No.052511256.0004 01565—Page 2 of 16 TPDES REQUIREMENTS
July 7,2003
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
C. Submit properly completed certification forms to Project Manager for review before
beginning construction operations.
D. Conduct inspections in accordance with TCEQ requirements. Ensure persons or
firms responsible for maintenance and inspection of erosion and sediment control
measures read,fill out, sign, and date the Erosion Control Contractor's Certification
for Inspection and Maintenance. Use the EPA NPDES Construction Inspection
Form, ATTACHMENT 5 of this Section 01565; and the City of Pearland's Storm
Water Pollution Prevention Plan Construction Site Inspection Report,
ATTACHMENT 6 of this Section 01565 to record maintenance inspections and
repairs.
3.05 RETENTION OF RECORDS
Keep a copy of this document and the SWP3 in a readily accessible location at the
construction site from Commencement of Construction Activity until submission of the
Notice of Termination(NOT)for Storm Water Discharges Associated with Construction
Activity under TPDES Construction General Permit(TXR150000). Contractors with day-to-
day operational control over SWP3 implementation shall have a copy of the SWP3 available
at a central location, on-site, for the use of all operators and those identified as having
responsibilities under the SWP3.. Upon submission of the NOT, submit all required forms
and a copy of the SWP3 with all revisions to Project Manager.
3.06 REQUIRED NOTICES
Post the following notices from the effective date of the SWP3 until the date of final site
stabilization as defined in the Construction General Permit:
1. Post the TPDES permit number for Large Construction Activity, or a signed TCEQ
Construction Site Notice for Small Construction Activity. Signed copies of the City's
and Contractor's NOI must also be posted.
2. Post notices near the main entrance of the construction site in a prominent place for
public viewing. Post name and telephone number of Contractor's local contact
person,brief project description and location of the SWP3.
a. If posting near a main entrance is not feasible due to safety concerns,
coordinate posting of notice with Project Manager to conform to requirements
of the Construction General Permit.
b. If Project is a linear construction project(e.g.,road, utilities, etc.), post notice
in a publicly accessible location near active construction. Move notice as
necessary.
3. Post a notice to equipment and vehicles operators, instructing them to stop, check,
and clean tires of debris and mud before driving onto traffic lanes. Post at each
(1"h\ stabilized construction exit area.
4. Post a notice of waste disposal procedures in a readily visible location on site.
Project No.052511256.0004 01565—Page 3 of 16 TPDES REQUIREMENTS
July 7,2003
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
3.07 ON-SITE WASTE MATERIAL STORAGE
A. On-site waste material storage shall be self-contained and shall satisfy appropriate
local, state, and federal rules and regulations.
B. Prepare list of waste material to be stored on-site. Update list as necessary to include
up-to-date information. Keep a copy of updated list with the SWP3.
C. Prepare description of controls to reduce pollutants generate from on-site storage.
Include storage practices necessary to minimize exposure of materials to storm water,
and spill prevention and response measures consistent with best management
practices. Keep a copy of the description with the SWP3.
3.08 NOTICE OF TERMINATION
A. Submit a NOT, ATTACHMENT 7 of this Section 01565, to Project Manager within
10 days after:
1. Final stabilization has been achieved on all portions of the site that are the
responsibility of the Contractor; or
2. Another operator has assumed control over all areas of the site that have not
been stabilized; and
3. All silt fences and other temporary erosion controls have either been removed
scheduled to be removed as defined in the SWP3, or transferred to a new
operator, if the new operator has sought permit coverage.
B. Project Manager will complete City's NOT and submit Contractor and City's notices
to the TCEQ and MS4 entities.
END OF SECTION
Project No.052511256.0004 01565—Page 4 of 16 TPDES REQUIREMENTS
July 7,2003
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
ATTACHMENT 1
Notice of Intent(NOI)forStorm Water Discharges TCEQ Office Use Only
- Associated with Construction Activity under the TPDES Permit Number:TXR15•• •• ••-NO
TPDES Construction General Permit(TXR150000) GIN Number:•• •• •• •• •• •• •• ••
TCEQFor help completing this application,read the TXR150000 NOI Instructions
(TC EQ-20022-lnstnx3ions).
A. Construction Site Operator ONew ONo Change Customer Reference Number:CN
Name:
Mailing Address: City: State: Zip Code:
Country Mailing Information(if outside USA)Territory: Country Code: Postal Code:
Phone Number. Extension: Fax Number.
E-mail Address:
Type of Operator.0 Individual 0 Sole Proprietorship-D.B.A.0 Partnership 0 Corporation 0 Federal Government
0 State Government 0 County Government 0 City Government.0 Other.
Independent Operator?0 Yes 0 No Number of Employees:0 0-20 0 21-100 0 101-250 0 251-500 0 501 or higher
Federal Tax ID: State Franchise Tax ID Number: DUNS Number:
B. Billing Address
Name:
Mailing Address: City: State:_Zlip Code:
Country Mailing Information(if outside USA)Territory: Country Code: Postal Code:
C. Project(Site Information ONew ONo Change Regulated Entity Reference Number.RN
Name:
Mailing Address: City: State:_Zip Code:
Physical Address: City: County:- Zip Code:
Location Access Description:
(1.1‘\. Latitude: •_' " N Longitude: °_' W Degrees(a),Minutes O,and Seconds(")
Latitude: Longitude:- Decimal Form
Standard Industrial Classification(SIC)code: Also,describe the construction activity at this site(do not repeat the SIC code):
Has a storm water pollution prevention plan been prepared as specified in the general permit(TXR150000)? ®Yes 0 No
Estimated area of land disturbed(to the nearest acre): Is the project/site located on Indian Country Lands?C)Yes®No
Does this project(site discharge storm water into a municipal separate storm sewer system(MS4)?( Yes 0 No
If yes,provide the name of the MS4 operator
Provide the name or segment number of the water body that receives storm water from this project/site:
D. Contact-If the TCEQ needs additional information regarding this application,who should be contacted?
Name: Title:
Phone Number. Extension: Fax Number.
E-mail Address:
E. Payment Information-Check/Money Order Number. Name on Check!Money Order.
F. Certification
I certify under penalty of law that this document was prepared under my direction orsupenrision in accordance with a system designed to assure that qualified
personnel propedy gather and evaluate the information submitted.Based on my inquiry of the person or persons who manage the system,orthose persons
directly responsible for gathering the information,the information submitted is,to the best of my knowledge and belief,true,accurate.and complete. I am
aware there are significant penalties for submitting false Information,Including the possibility of fine and imprisonment for knowing violations.
Construction Site Operator Representative:
Prefix: First: Middle:
Last: _ Suffix: Title:
Signature: Date:
if you have questions on how to fill out this form or about the storm water program,please contact us at(512)239-4671.
Individuals are entitled to request and review their personal information that the agency gathers on its forms.They may also have any errors in their information
corrected.To review such Information,contact us at(512)239-3282.
The completed NOI must be mailed to the following address. Use the attached document to submit the 5100
application fee. Please note that the NOI and application fee are submitted separately to different addresses.
Texas Commission on Environmental Quality
Storm Water&General Permits Team;MC-228
P.O.Box 13087
1.116
Austin,Texas 78711-3087
TCEQ-20022(02103) Page 1 of 2
Project No.052511256.0004 01565—Page 5 of 16 TPDES REQUIREMENTS
July 7,2003
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
ComihN
ATTACHMENT 1
Texas Commission on Environmental Quality
Payment Submittal Form
The storm water application fee shall be sent under separate cover to the Texas Commission on
Environmental Quality.
This form must be used to submit your Storm Water Application Fee. Please complete the following
information,staple your check in the space provided at the bottom of this document,and mail it to:
BY REGULAR U.S.MAIL BY OVERNIGHT/EXPRESS MAIL
Texas Commission on Environmental Quality Texas Commission on Environmental Quality
Financial Administration Division Financial Administration Division
Cashier's Office,MC-214 Cashier's Office,MC-214
P.O.Box 13088 12100 Park 35 Circle
Austin,TX 78711-3088 Austin,TX 78753
Fee Code:GPA Storm Water General Permit: TXR150000
Check/Money Order No: Amount of Check/Money Order:
(1.11 Date of Check or Money Order:
Name on Check or Money Order.
Facility/Site Name:
Facility/Site Physical Address:
City: Zip Code:
Staple Check In This Space
TCEQ-20022(02/03) Page 2 of 2
Project No.052511256.0004 01565—Page 6 of 16 TPDES REQUIREMENTS
July 7,2003
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
(iiilb.' ATTACHMENT 1
Completing the Notice of Intent for Storm Water Discharges
Associated with Construction Activity
under the TPDES Construction General Permit(TXR150000)
A.Construction Site Operator Information Type of Operator
Check boxes and Customer Reference Number Check only one box.
These boxes designate the operator's status as a TCEQ"customer—in Check,,. if this customer...
other words.an individual or business that is involved in an activity that we
regulate.We assign each customer a number that begins with"CN. Individual is a person and has not established a business to do
followed by nine digits.This is not a permit number,registration whatever causes them to be regulated by us.
number,or license number.In the remainder of this section,we will use
'this customer'to mean the operator For Part A of the form. Sole is a business that is owned by only one person and
■ If this customer has not been assigned a Customer Reference Proprietorship— has not been incorporated.This business may:
Number,check New and leave the space for the Customer D.B.A. • be under the person's name
Reference Number blank. • have its own name(*doing business as,'or d.b.a.)
• If this customer has already been assigned this number,enter the • have any number of employees
operator's Customer Reference Number and: Partnership is a business that is established as a partnersftip as
Check"No Change"If all the remaining customer Information is thedefined by the Texas Secretary of State's Office.
same as previously reported.However,you must still complete
most blanks in this form for this notice of intent to be valid. corporation meets all of these conditions:
• If this customer's information has changed since the last lime it was • is a legally incorporated entity under the laws of
reported to the TCEQ,check neither box and complete the any state or country
remainder of this notice of intent • is recognized as a corporation by the Texas
■ Do not enter a permit number,registration number,or license Secretary of State
number In place of the Customer Reference Number. • has proper operating authority to operate in Texas.
Name Federal,state, is either an agency of one of these levels of
Enter the legal name of this customer as authorized to do business in county,or city government or the governmental body itself(If a utility
Texas. Include any abbreviations(LLC,Inc.,etc.). government(as district,water district,tramgovernment,college
appropriate) district,council of governments,or river authority.
track"Other'and voile in the specific type of
government)
Enter a central and general mailing address for this customer to receive
mail from the TCEQ.For example,if this customer is a large company,this Other fits none of the above descriptions.Enter a short
address might be the corporate or regional headquarters.On the other description of the type at customer In the blank
hand,for a smaller business,this address could be the same as the site provided.
address.
Independent Operator?
If this Is a street address,please follow US Postal Service Check No if this customer is a subsidiary or part of a larger company.
(1111.16) standards.In brief,these standards require this information in Otherwise,check-Yes.'
this order,
a the"house number—for example,the 1401 In Number of Employees
1401 Main St Check one box to show the number of employees for this customer's entire
a if there is a direction before the street name,the one-or two- company,at all locations.This is not necessarily the number of
letter abbreviation of that direction(N,S,E,W,NE,SE,SW,or employees at the site named in this NOI.
NW)
a the street name(if a numbered street,do not spell out the Federal Tax ID
number—for example,6th St,not Sixth St) All businesses,except for some small sole proprietors,should have a
•an appropriate abbreviation of the type of street—for example, federal taxpayer identification number(TIN).Enter this'number here.Use
St,Ave,Blvd,Fwy,Exwy,Hwy,Cr,Ct,Ln no prefixes,dashes,or hyphens.tf you do not have a TIN because you are
■if there Is a direction after the street name,the one-or two-letter an individual or a small sole proprietor,enter your Social Security number
abbreviation of that direction(N,S,E,W,NE.SE,SW,or NW) here. Individuals and sole proprietors do not need to provide a federal tax
a if there is a room number,suite number,or company mail code ID,
City,State,andZIP Code State Franchise Tax ID
Enter the name of the city,the two-letter USPS abbreviation for the state Corporations and limited liability companies that operate in Texas are
(for example,TX),and the ZIP Code.(Enter the full ZIP+4 if you know it.) issued a franchise tax identification number.If this customer is a
corporation or limited liability company,enter this number here,
Country Mailing Information
If this address Is outside the United Slates,enter the territory name, DUNS Number
country code,and any non-ZIP mailing codes or other non-U.S.Postal Most businesses have a DUNS(Data Universal Numbering System)
Service features here.If this address Is Inside the United States,leave number Issued by Dun and Bradstreet Corp.If this customer has one,enter
these spaces blank. it here.
Phone Number and Extension B.Billing Address
This number should correspond to this customer's mailing address given We will mail the annual fee invoice for this site to the address entered in
earlier.Enter the area code and phone number here.Leave"Extension' this section.
blank if this customer's phone system lacks this feature.
Faxx Number Name
Fa Number should correspond to this customer's mailing address given Enter the legal name of the person or business to which we should mail
this site's fee invoice each year.
earlier.Enter the area code and fax number here.
-mail Address Mailing Address
E
AsE.with the mailing address,this should be a general address that is Enter the specific mailing address to which we should mail this site's fee
appropriate for a-mall to this customer's central or regional headquarters,if Serviinvoicce
eachla ay dsar.asI this is described street address,A.
Constructionpleasc foo Site Operatore Postal
applicable. Service standards under"A.
pP information"on page 1 of these instructions.
If No Change"was checked for this customer, City,State,andZIP Codo
you may skip the rest of the fields in this part of the form Enter the name of the city,the two-letter LISPS abbreviation for the state
and continue to the next part of the NOL (for example,TX),and the ZIP Code.(Enter the full ZIP+4 if you know it)
Cligie\.
TCEQ-20022-Instructions(09/02) Page 1 of 2
Project No.052511256.0004 01565—Page 7 of 16 TPDES REQUIREMENTS
July 7,2003
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
ATTACHMENT 1
Country Mailing Information development of the plan can be found in the Texas Pollutant Discharge
If this address is outside the United States,enter the territory name, Elimination System Construction General Permit(7XR150000).
country code,and any non-ZIP mailing codes or other non-U.S.Postal
Service features here.If this address is inside the United States,leave Estimated Area of Land Disturbed
these spaces blank. Provide the approximate number of acres that the construction site will
disturb. 'Disturb"means any clearing,grading,excavating,or other similar
C.Project/Site Information activities.
Check boxes and Regulated Entity Reference Number
These boxes designate this site's status as a TCEQ'regulated entity'—in Is the site located on Indian Country Lands?
other words,a location where an activity that we regulate occurs.We Check'Yes'only if the site is on a reservation or other areas designated by
assign each regulated entity a number that begins with"RN;followed by the federal government as Indian Country Lands.If not,check'No."
nine digits.This is not a permit number,registration number,or license
number. Destination of Storm Water Discharge
• If this site has not been assigned a Regulated Entity Reference The storm water from your site eventually reaches a receiving water body
Number,check'New'and leave the space for the Regulated Entity such as a local stream or lake,possbly via a drainage ditch. The
Reference Number blank. discharge may initially be into a municipal separate storm sewer system
• If this site has already been assigned this number,enter the Regulated (MS4).Check the appropriate boxes for whether storm water is discharged
Entity Reference Number and: into an MS4. If you checked'Yes"to'An MS4?".then enter the name of
• Check'No Change"if all the remaining information is the same as the entity that operates the .twui sewer-often a city,town,or utility
previously reported.However,even if there has been no change, district,but possibly another form of government.
you must complete this section at least through'E-mail Address'for
this NOI to be valid. You must also provide the name of the water body that receives the
• If this site's information has changed since the last time it was discharge from the construction site(a local stream or lake). Storm water
reported to the TCEQ,check neither box and complete the may be discharged directly to a receiving stream or via a storm sewer
remainder of this notice of intent system. If known,please include the segment number if the discharge is to
• Do not entera permit number,registration number,or license a classified water body.
number in piece of the Regulated Entity Reference Number.
For a map that includes segment numbers,go to:
Name http://www.trucc.state.bt.us/water/qualityldatalindex.html
Enter the name by which you want this site to be known to the TCEQ.
D.Contact
Mailing Address Give all the relevant information for the person whom TCEQ can contact if
Enter the specific mailing address for this site.If this is a street address, there are questions about any of the information on this form—perhaps the
please follow the US Postal Service standards as described under'A. same person who completed the form.
Construction Site Operator Information'on page 1 of these instructions.
E.Payment Information
City,State,and ZIP Code Provide the number and name from the check or money order used to pay
Enter the name of the city,the two-letter USPS abbreviation for the state the$100 application fee.
(01/61 (for example,TX),and the ZIP Code.(Enter the full ZIP+4 if you know it.)
Physical Address F.Certification
Enter the physical address of the site itself.TCEQ staff should be able to The operator must sign and date this statement to validate this NOI.Be
use this address to find the site. sure to enter the full legal name of the person signing the form and the
relevant title—for example,`Operator,'`Operator's attorney,"or"Senior
City,County,and ZIP Code Site Manager.'Use the'Prefix'blank for such titles as Dr..Mr.,or Ms.,as
Enter the name of the city,the county,and the ZIP Code.(Enter the full or
Use the Suffix blank for such designations as Ph.D.,Jr.,Sr.,Ill,
ZIP+4 if you know it) or J.D.,if applicable.
Description For a corporation,the application shall be signed by a responsible.
Enter Location Access description Desrpt of the location of the site based on highway corporate officer.A responsible corporate officer means a president,
Eders a physicalys and/or permanent ofhandmaion secretary,treasurer,or vice-president of the corporation in charge of a
principal business function,or any other person who performs similar policy
Latitude and Longitude or decision-making functions for the corporation;or the manager clone or
Latitude latitude Lo and longitude of the site in either degrees,minutes,and more manufacturing,production,or operating facilities employing more
Enter
rth ordecimalde form: than 250 persons or having gross annual sales or expenditures exceeding
sec $25 million(in second-quarter 1980 dollars),if authority to sign documents
For help obtaining the latitude has been assigned or delegated to the manager In accordance with
hingJ/wowtude a and longitude,go to:gview.html corporate procedures.Corporate procedures governing authority to sign
permit applications may provide for assignment or delegation to applicable
corporate positions rather than to specific individuals.
Standard Industrial Classification(SIC)Code and Activity Description
For a partnership or sole proprietorship,the application shall be signed by
Provide the SIC code that best describes the construction activity being a general partner or the proprietor,respectively.
conducted at the site.
For help with SIC codes,go to: Fora municipality,state,federal,or other public agency,the application
shall be signed by either a principal executive officer or a ranking elected
http:ilwww.osha.govloshstats/sicser.html officiai.For purposes of this application,a principal executive officer of e
In addition to the SIC code,you must alsoprovide a description of the federal agency Includes the chief executive officer of the agency,or a
p senior executive officer having responsibility.for the overall operations of a
construction activity being conducted at the site.This may include such principal geographic unit of the agency(e.g.regional administrator of the
descriptions as:'Apartment Building Construction"or'Shopping Center United States Environmental Protection Agency).
Construction."
Storm Water Pollution Prevention Plan Questions?
This plane i s the areas activities that could produce If you have questions about any of the information on this form,contact our
contaminated runoff at your site and then tells how you will ensure that this Storm Water Program at 512/239-4671 or look for'Storm Water'on our
contamination is mitigated.For example,in describing your mitigation Web site:
measures,your site's plan might identify the devices that collect and filter +,tceq,state,tx.us
storm water,tell how those devices are to be maintained,and telt how
frequently that maintenance is to be carried out.You must develop this
plan before you complete this NOL This plan must be available for a
�.` TCEQ investigator to review on request.Specific requirements for the
\ TCEQ-20022-Instructions(09/02) Page 2 of 2
Project No.052511256.0004 01565—Page 8 of 16 TPDES REQUIREMENTS
July 7,2003
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
Attachment 2
CONSTRUCTION SITE NOTICE
FOR THE
Texas Commission on Environmental Quality (TCEQ)
Storm Water Program
TPDES GENERAL PERMIT TXR150000
The following information is posted in compliance with Part II.D.2 of the TCEQ General Permit Number
TXR150000 for discharges of storm water runoff from construction sites. Additional information regarding
the TCEQ storm water permit program may be found on the intemet at:
www.tnrcc.state.tx.us/permitting/waterperm/wwperm/tpdes.html
Contact Name and Phone Number:
Project Description:
(Physical address or description of the site's
location,estimated start date and projected
end date, or date that disturbed soils will be
stabilized)
Location of Storm Water Pollution
Prevention Plan:
For Construction Sites Authorized Under Part 11.0.2. (Obtaining Authorization to Discharge) the
following certification must be completed:
I (Typed or Printed Name Person Completing This Certification) certify under
penalty of law that I have read and understand the eligibility requirements for claiming an authorization under
Part II.D.2.of TPDES General Permit TXR150000 and agree to comply with the terms of this permit. A storm
water pollution prevention plan has been developed and implemented according to permit requirements. A
copy of this signed notice is supplied to the operator of the MS4 if discharges enter an MS4 system. I am
aware there are significant penalties for providing false information or for conducting unauthorized discharges,
including the possibility of fine and imprisonment for knowing violations.
(11.16\ Signature and Title Date
Project No.052511256.0004 01565—Page 9 of 16 TPDES REQUIREMENTS
July 7,2003
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
ATTACHMENT 3
TPDES OPERATOR'S INFORMATION
Owner's Name and Address: City of Pearland
Mr.
(City Official)
(Department)
P.O. Box 1562
Houston, Texas 77251-1562
(713) 247-1000
Contractor's Names and Addresses:
General Contractor:
Telephone:
`� Site Superintendent:
Telephone:
Erosion Control and Maintenance Inspection:
Telephone:
Subcontractor's Names and Addresses:
Phone: Phone:
Note: Insert name, address, and telephone number of persons or firms.
Project No.052511256.0004 01565—Page 10 of 16 TPDES REQUIREMENTS
July 7,2003
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
(.11116 ATTACHMENT 4
CONTRACTOR'S/SUBCONTRACTOR'S
CERTIFICATION FOR TPDES PERMITTING
I certify under penalty of law that I understand the terms and conditions of TPDES General
Permit No. TXR150000 and the Storm Water Pollution Prevention Plan for the construction
site identified as part of this certification.
Signature:
Name: (printed or typed)
Title:
Company:
Address:
Date:
Signature:
Name: (printed or typed)
Title:
Company:
Address:
Date:
Signature:
Name: (printed or typed)
Title:
Company:
Address:
Date:
("*\''
Project No.052511256.0004 01565—Page 11 of 16 TPDES REQUIREMENTS
July 7,2003
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
ATTACHMENT 5
'SA . EPA NPDES EQok die
z Construction
Fait PRO161�a Inspection Form �oRAR
4,�
The following inspection is being performed in compliance with Part IV.D.4.of the NPDES Region 6 Storm water Construction General Permit[63 Fed.egg.36502]and
being retained in accordance with Pnn V ofthe Permit.Qualified personnel(provided by the permittee or cooperatively by multiple perminees)shall inspect disturbed areas
of the construction site that have not been finally stabilized.areas used for storage of materials that are exposed to precipitation,placement and effectiveness of structural
control measures,and locations where vehicles enter or exit the site.inspections shall be performed at least once every 14 days and within 24 hours of the end of a storm
event of OS inches or greater.where sites have been temporarily stabilized,runoff is unlikely due to winter conditions,or during seasonal and periods in arid areas(0-10
inches of rainfall annually)and semi-arid areas(10.20 inches annually)such inspections shall be conducted at least once every month. This form is primarily intended
for use with construction projects in Texas and New Mexico. Pennittees on Indian Country lands in Oklahoma,Louisiana and Arkansas and some oil and gas facilities
in Oklahoma may use this form if they arc eligible fur this permit. Other facilities need to check with their NPDES authority before using this form.
!fyou do not know your NPDES Permit Number,contact the NOI Processing Center at(30i)495-4145.This form was prepared as an example and it is not a required form
for use with the permit. Alternative forms may be used if they contain all of the required information as set forth in the permit.This form and additional information
regarding the NPDES Region 6 storm water program may be found on the Internet at hitnl;wee.em.uovir gioiwsw!.Any person with a complaint about the operation
of this facility in regards to this permit should contact EPA Region 6 at(2141665-7112.
Permit Number(s)covered by this
inspection(e.g.owners,developers,
general contractor,builders)
Signature and Certification in accordance I certify under penalty of law that this document and all attachments were prepared
with Part VI;G of the permit' under my direction or supervision in accordance with a system designed to assure that"16
qualified personnel properly gathered and evaluated the information submitted. Based
on my inquiry of the person or persons who manage the system,or those persons
directly responsible for gathering the information,the information submitted is,to the
hest:of my knowledge and belief,true,accurate,and complete. i am aware that them
are significant penalties for submitting false information,including the possibility of
rim and imprisonment for knowing violations.
Signature Date
Date of Inspection.
Inspector Name
Is there a copy of the permit language • YES • NO
with the SWPPP?
Is the inspector qualified and are the • YES • NO
qualifications documented in the
SWPPP?
Is an NPDES storm water construction • YES • NO
sign posted at the entrance for all
permittees?
You may want to use EPA Region 6 construction checklist to assure components of the SWPPP are complete.This farm,the construction sign,
and Are checklist arc available on the Region 6 NPDES Storm Water Forms and Documents web page which may be found on the Internet at
hun-riwww.era.ttoviearthlr616etJw1formsw.htm in addition to the checklist,you should provide a narrative(see next page)on the existing Best
Management Practices and Structural Controls found during each inspection. Any problems identified in an inspection should be corrected
within 7 days. The inspection should cover all components of the MP?and all potential pollutants. While eroded soil is the primary pollutant
of concern,do not forget to inspect for other pollutant sources such as fuel tanks,paints,solvents,stabilization materials,concrete bardner,batch
plants,and construction debris.The inspector will need to update the SWPPP to reflect findings of the inspection. The site map should be
updated after an inspection to show controls that have been added or removed,to ensure the site map is kept current in accordance with Part IV.C.
of the permit.
Revision 4,March 1,2000
Project No.052511256.0004 01565—Page 12 of 16 TPDES REQUIREMENTS
July 7,2003
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
rib\
ATTACHMENT 5
Narrative Findings of the inspection:
Observations should include any findings of Best Management Practices or controls that are not in accordance with the
SWPPP. If a control is not in place or failed,observe the reason why. A control removed temporarily for work is not
necessarily a violation if properly recorded in the SWPPP. if it has been removed,record why it was removed and,if
applicable,when it will be reinstalled. If the control has failed,observe the conditions so a conclusion may be made as to
wethcr the control failed for improper maintenance or improper design. The qualified inspector will know when a failed
control is inadequate and should be replaced by an improved control mechanism. Qualified inspectors are to have
authority to make changes to the SWPPP to assure compliance. Controls that have not been installed should be given a
reason why they are not installed and/or a scheduled date for installation if they are designed for a later phase of
construction. After the inspection,the SWPPP and its site map should be updated to reflect current conditions of controls
and Best Management Practices at the time of the inspection. This includes removing uninstalled controls from the site
map or otherwise denoting on the site map if they are no longer installed if the controls have been removed because they
are no longer necessary(e.g.stabilization has been achieved in that area).
Revision 4,March 1,2000
Project No.052511256.0004 01565—Page 13 of 16 TPDES REQUIREMENTS
July 7,2003
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
(01"\
ATTACHMENT 6
FM Notice of Termination (NOT) for Storm TCEQ Office Use Only
Water Discharges Associated with TPDES Permit Number:TXR15•• •• •• •• •-NO
Construction Activity under the TPDES GIN Number:•• •• •• •• •• •• ••
Construction General Permit(TXR150000)
�rim
For help completing this application,read the TXR160000 NOI Instructions(TCEQ-20023-Instructions).
A. TPDES Permit Number. TXR15
B. Construction Site Operator Customer Reference Number:CN
Name:
Mailing Address:
City: State:— Zip Code:
Country Mailing Information(if outside USA)Territory: Country Code: Postal Code:
Phone Number: Extension: Fax Number:
E-mail Address:
C. Project/Site Information Regulated Entity Reference Number:RN
Name:
Physical Address:
Location Access Description:
City: County:— Zip Code:
D. Contact-If the TCEQ needs additional information regarding this termination,who should be contacted?
Name: Title:
Phone Number: Extension: Fax Number:
E-mail Address:
E. Certification
I certify under penalty of law that authorization under the TPDES Construction General Permit(TXR150000)is no longer
necessary based on the provisions of the general permit. I understand that by submitting this Notice of Termination,I am
no longer authorized to discharge storm water associated with construction activity under the general permit TXR150000,
and that discharging pollutants in storm water associated with construction activity to waters of the U.S.is unlawful under
the Clean WaterAct where the discharge is not authorized by a TPDES permit. I also understand that the submittal of this
Notice of Termination does not release an operator from liability for any violations of this permit or the Clean Water Act.
Construction Site Operator Representative:
Prefix: First: Middle:
Last: Suffix:
Title:
Signature: Date:
If you have questions on how to fill out this form or about the storm water program,please contact us at(512)239-4671.
Individuals are entitled to request and review their personal information that the agency gathers on its forms. They may
also have any errors in their information corrected.To review such information,contact us at(512)239-3282.
The completed NOT must be mailed to the following address:
Texas Commission on Environmental Quality
Storm Water&General Permits Team;MC-228
P.O.Box 13087
Austin,Texas 78711-3087
(limb\
TCEQ-20023(02/03) Page 1 ar 1
Project No.052511256.0004 01565—Page 14 of 16 TPDES REQUIREMENTS
July 7,2003
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
ATTACHMENT 6
Completing the Notice of Termination for Storm Water Discharges
Associated with Construction Activity
under the TPDES Construction General Permit(TXR150000)
Who May File a Notice of Termination(NOT)Form B.Construction Site Operator Information
Perrnittees disturbing 5 acres or more(or part of a larger Customer Reference Number
common plan of development or sale disturbing 5 acres or This number designates the operator's status as a TCEQ
more)who are presently covered under the Texas "customer"—in other words,an individual or business that is
Pollutant Discharge Elimination System(TPDES) involved in an activity that we regulate.We assign each customer
Construction General Permit must submit a Notice of a number that begins with'CN,'followed by nine digits.This Is
Termination(NOT)when final stabilization has been not a permit number,registration number,or license number.
achieved on all portions of the site that is the responsibility In the remainder of this section,we will use"this customer"to
mean the operator for Part B of the form.
of the permittee;or another permitted operator has
assumed control over all areas of the site that have not • If this customer has not been assigned a Customer
been finally.stabilized and all silt fences and other Reference Number,leave the space for the Customer
temporary erosion controls have either been removed, •
Reference Number blank.
scheduled for removal as defined in the SWP3,or If this customer has already been assigned this
number,enter the operator's Customer Reference
transferred to a new operator if the new operator has
sought permit coverage. Erosion controls that are Number.
designed to remain in place for an indefinite period,such • Do not enter a permit number,registration
as mulches and fiber mats,are not required to be removed number,or license number in place of the
or scheduled for removal. Customer Reference Number.
Final Stabilization occurs when either of the following Name
conditions are met: Enter the legal name of this customer as authorized to do
business in Texas. Include any abbreviations(LLC,Inc.,
(a) All soil disturbing activities at the site have been etc.).
completed and a uniform(e.g,evenly distributed, Mailing Address
Cl/ft\ without large bare areas)perennial vegetative cover
with a density of 70%of the native background Enter a central and general mailing address for this
vegetative cover for the area has been established on customer to receive mail from the TCEQ.For example,if
all unpaved areas and areas not covered by this customer is a large company,this address might be
permanent structures,or equivalent permanent the corporate or regional headquarters.On the other hand,
stabilization measures(such as the use of riprap, for a smaller business,this address could be the same as
gabions,or goetextiles)have been employed. the site address.
(b) For individual lots in a residential construction site by If this is a street address,please follow US Postal
either: Service standards.In brief,these standards require this
information in this order:
(1) the homebuilder completing final stabilization as • the"house"number—for example,the 1401 in
specified in condition(a)above;or 1401 Main St
(2) the homebuilder establishing temporary • if there is a direction before the street name,
stabilization for an individual lot prior to the time the one-or two-letter abbreviation of that
of transfer of the ownership of the home to the direction(N,S,E,W,NE,SE,SW;or NW)
buyer and after informing the homeowner of the a the street name(if a numbered street,do not
need for,and benefits of,final stabilization. spell.out the number—for example,6th St,not
Sixth St)
(c) For construction activities on land used for agricultural ■ an appropriate abbreviation of the type of
ur oses a street—for example,St,Ave,Blvd,Fwy,Exwy,
p p { ,g,pipelines across crop or range land), Hwy,Cr,Ct,Ln
final stabilization may be accomplished by returning • if there is a direction after the street name,the one-
the disturbed land to its preconstruction agricultural or two-letter abbreviation of that direction(N,S,E,
use. Areas disturbed that were not previously used for W,NE,SE,SW,or NW)
agricultural activities,such as buffer strips immediately • if there Is a room number,suite number,or
adjacent to a surface water and areas which are not company mail code
being returned to their preconstruction agricultural use
must meet the final stabilization conditions of condition City,State,and ZIP Code
(a)above. Enter the name of the city,the two-letter USPS
A.TPDES Permit Number abbreviation for the state(for example,TX),and the ZIP
Provide the TPDES permit number assigned to the Code.(Enter the full ZIP+4 if you know it.)
operator of the construction site.
TCEQ-20023.instmctlons(09ro2) Page 1 of 2
Project No.052511256.0004 01565—Page 15 of 16 TPDES REQUIREMENTS
July 7,2003
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
ATTACHMENT 6
Country Mailing Information E.Certification
If this address is outside the United States,enter the The operator must sign and date this statement to validate
territory name,country code,and any non-ZIP mailing this NOI.Be sure to enter the full legal name of the person
codes or other non-U.S.Postal Service features here.If signing the form and the relevant title—for example,
this address is inside the United States,leave these "Operator,""Operator's attorney,"or"Senior Site
spaces blank. Manager."Use the"Prefix"blank for such titles as Dr.,Mr.,
or Ms.,as desired.Use the"Suffix"blank for such
Phone Number and Extension designations as Ph.D.,Jr.,Sr.,Ill,or J.D.,if applicable.
This number should correspond to this customer's mailing
address given earlier.Enter the area code and phone For a corporation,the application shall be signed by a
number here.Leave'Extension"blank if this customer's responsible corporate officer.A responsible corporate
phone system lacks this feature. officer means a president,secretary,treasurer,or vice-
president of the corporation in charge of a principal
Fax Number business function,or any other person who performs
This number should correspond to this customer's mailing similar policy or decision-making functions for the
address given earlier.Enter the area code and fax number corporation;or the manager of one or more manufacturing,
here. production,or operating facilities employing more than 250
persons or having gross annual sales or expenditures
E-mail Address exceeding$25 million(in second-quarter 1980 dollars),if
As with the mailing address,this should be a general authority to sign documents has been assigned or
address that is appropriate for e-mail to this customer's delegated to the manager in accordance with corporate
central or regional headquarters,if applicable. procedures.Corporate procedures governing authority to
sign permit applications may provide for assignment or
C.Project I Site Information delegation to applicable corporate positions rather than to
Regulated Entity Reference Number specific individuals.
This number designates this site's status as a TCEQ
"regulated entity"—in other words,a location where an For a partnership or sole proprietorship,the application
activity that we regulate occurs.We assign each regulated shall be signed by a general partner or the proprietor,
entity a number that begins with"RN,"followed by nine respectively.
digits.This is not a permit number,registration
number,or license number. For a municipality,state,federal,or other public agency,
• If this site has not been assigned a Regulated Entity the application shall be signed by either a principal
Reference Number,leave the space for the Regulated executive officer or a ranking elected official.For purposes
Entity Reference Number blank. of this application,a principal executive officer of a federal
• If this site has already been assigned this number, agency includes the chief executive officer of the agency,
enter the Regulated Entity Reference Number. or a senior executive officer having responsibility for the
• Do not enter a permit number,registration number, overall operations of a principal geographic unit of the
or license number In place of the Regulated Entity agency(e.g.regional administrator of the United States
Reference Number. Environmental Protection Agency).
Name Questions?
Enter the name by which you want this site to be known to If you have questions about any of the information on this
the TCEQ. form,contact our Storm Water Program at 512/239-4671
or look for"Storm Water"on our Web site:
Physical Address www.tceq.state.tx.us
Enter the physical address of the site itself.TCEQ staff
should be able to use this address to find the site.
Location Description
Enter a physical description of the location of the site
based on highway intersections and/or permanent
landmarks.
City,County,and ZIP Code
Enter the name of the city,the county,and the ZIP Code.
(Enter the full ZIP+4 if you know it.).
D.Contact
Give all the relevant information for the person whom
TCEQ can contact if there am questions about any of the
Information on this form—perhaps the same person who
completed the form.
TCEQ-20023-Instructions(09/02) Page 2 of 2
Project No.052511256.0004 01565—Page 16 of 16 TPDES REQUIREMENTS
July 7,2003
SOURCE CONTROLS FOR
CITY OF PEARLAND EROSION AND SEDIMENTATION
SECTION 01566
SOURCE CONTROLS FOR EROSION AND SEDIMENTATION
1.0 GENERAL
1.01 SECTION INCLUDES
Description of erosion and sediment control and other control-related practices which shall be
utilized during construction activities.
1.02 UNIT PRICES
Unless indicated in the Unit Price Schedule as a pay item,no separate payment will be made
for work performed under this Section. Include cost of work performed under this Section in
pay items of which this work is a component.
2.0 PRODUCTS (NOT USED)
3.0 EXECUTION
3.01 PREPARATION AND INSTALLATION
A. No clearing and grubbing or rough cutting shall be permitted until erosion and
sediment control systems are in place, other than site work specifically directed by
the ENGINEER to allow soil testing and surveying.
B. Equipment and vehicles shall be prohibited by the CONTRACTOR from
maneuvering on areas outside of dedicated rights-of-way and easements for
construction. Damage caused by construction traffic to erosion and sediment control
systems shall be repaired immediately by the CONTRACTOR.
C. The CONTRACTOR shall be responsible for collecting, storing,hauling, and
disposing of spoil, silt, and waste materials as specified in this or other Specifications
and in compliance with applicable federal, state, and local rules and regulations.
D. CONTRACTOR shall conduct all construction operations under this Contract in
conformance with the erosion control practices described in the Drawings and this
Specification.
E. The CONTRACTOR shall install,maintain, and inspect erosion and sediment control
measures and practices as specified in the Drawings and in this or other
Specifications.
3.02 TOPSOIL PLACEMENT FOR EROSION AND SEDIMENT CONTROL SYSTEMS
A. When topsoil is specified as a component of another Specification,the
CONTRACTOR shall conduct erosion control practices described in this
Specification during topsoil placement operations.
04/00 01566- 1
SOURCE CONTROLS FOR
CITY OFPEARLAND EROSION AND SEDIMENTATION
1. When placing topsoil,maintain erosion and sediment control systems, such as
swales, grade stabilization structures,berms, dikes, silt fences, and sediment
basins.
2. Maintain grades which have been previously established on areas to receive
topsoil.
3. After the areas to receive topsoil have been brought to grade, and
immediately prior to dumping and spreading the topsoil, loosen the subgrade
by discing or by scarifying to a depth of at least 2 inches to permit bonding of
the topsoil to the subsoil.
3.03 DUST CONTROL
A. Implement dust control methods to control dust creation and movement on
construction sites and roads and to prevent airborne sediment from reaching receiving
streams or storm water conveyance systems,to reduce on-site and off-site damage,to
prevent health hazards, and to improve traffic safety.
B. Control blowing dust by using one or more of the following methods:
1. Mulches bound with chemical binders.
2. Temporary vegetative cover.
3. Tillage to roughen surface and bring clods to the surface.
4. Irrigation by water sprinkling.
5. Barriers using solid board fences,burlap fences, crate walls,bales of hay, or
similar materials.
C. Implement dust control methods immediately whenever dust can be observed
blowing on the project site.
3.04 KEEPING STREETS CLEAN
A. Keep streets clean of construction debris and mud carried by construction vehicles
and equipment. If necessary to keep the streets clean, install stabilized construction
exits at construction, staging, storage, and disposal areas. A vehicle/equipment wash
area(stabilized with coarse aggregate)may be installed adjacent to the stabilized
construction exit, as needed. Release wash water into a drainage swale or inlet
protected by erosion and sediment control measures. Construction exit and wash
areas are specified in Section 01550 - Stabilized Construction Exit.
B. In lieu of or in addition to stabilized construction exits, shovel or sweep the pavement
to the extent necessary to keep the street clean. Waterhosing or sweeping of debris
and mud off of the street into adjacent areas is not allowed.
04/00 01566 -2
SOURCE CONTROLS FOR
CITY OF PEARLAND EROSION AND SEDIMENTATION
3.05 EQUIPMENT MAINTENANCE AND REPAIR
A. Confine maintenance and repair of construction machinery and equipment to areas
specifically designated for that purpose. Locate such areas so that oils, gasoline,
grease, solvents, and other potential pollutants cannot be washed directly into
receiving streams or storm water conveyance systems. Provide these areas with
adequate waste disposal receptacles for liquid as well as solid waste. Clean and
inspect maintenance areas daily.
B. On a construction site where designated equipment maintenance areas are not
feasible, take precautions during each individual repair or maintenance operation to
prevent potential pollutants from washing into streams or conveyance systems.
Provide temporary waste disposal receptacles.
3.06 WASTE COLLECTION AND DISPOSAL
A. CONTRACTOR shall formulate and implement a plan for the collection and disposal
of waste materials on the construction site. In plan, designate locations for trash and
waste receptacles and establish a collection schedule. Methods for ultimate disposal
of waste shall be specified and carried out in accordance with applicable local, state,
and federal health and safety regulations. Make special provisions for the collection
and disposal of liquid wastes and toxic or hazardous materials.
B. Keep receptacles and waste collection areas neat and orderly to the extent possible.
Waste shall not be allowed to overflow its container or accumulate from day-to-day.
Locate trash collection points where they will least likely be affected by concentrated
storm water runoff
3.07 WASHING AREAS
Vehicles such as concrete delivery trucks or dump trucks and other construction equipment
shall not be washed at locations where the runoff will flow directly into a watercourse or
storm water conveyance system. Designate special areas for washing vehicles. Locate these
areas where the wash water will spread out and evaporate or infiltrate directly into the
ground, or where the runoff can be collected in a temporary holding or seepage basin.
Beneath wash areas construct a gravel or rock base to minimize mud production.
3.08 STORAGE OF CONSTRUCTION MATERIALS AND CHEMICALS
A. Isolate sites where chemicals, cements, solvents,paints, or other potential water
pollutants are stored in areas where they will not cause runoff pollution.
B. Store toxic chemicals and materials, such as pesticides,paints, and acids in
accordance with manufacturers' guidelines. Protect groundwater resources from
leaching by placing a plastic mat,packed clay,tar paper, or other impervious
materials on any areas where toxic liquids are to be opened and stored.
3.09 DEMOLITION AREAS
Demolition activities which create large amounts of dust with significant concentrations of
heavy metals or other toxic pollutants shall use dust control techniques to limit transport of
04/00 01566 -3
SOURCE CONTROLS FOR
CITY OF PEARLAND EROSION AND SEDIMENTATION
airborne pollutants. However,water or slurry used to control dust contaminated with heavy
metals or toxic pollutants shall be retained on the site and shall not be allowed to run directly
into watercourses or storm water conveyance systems. Methods of ultimate disposal of these
materials shall be carried out in accordance with applicable local, state, and federal health
and safety regulations.
3.10 SANITARY FACILITIES
Provide the construction sites with adequate portable toilets for workers in accordance with
Section 01500 -Temporary Facilities and Controls, and applicable health regulations.
3.11 PESTICIDES
Use and store pesticides during construction in accordance with manufacturers' guidelines
and with local, state, and federal regulations. Avoid overuse of pesticides which could
produce contaminated runoff. Take great care to prevent accidental spillage. Never wash
pesticide containers in or near flowing streams or storm water conveyance systems.
END OF SECTION
04/00 01566 -4
CITY OF PEARLAND TRENCH SAFETY SYSTEM
SECTION 01570
(01611
TRENCH SAFETY SYSTEM
1.0 GENERAL
1.01 SECTION INCLUDES
A. Trench safety system for the construction of trench excavations.
B. Trench safety system for structural excavations which fall under provisions of State
and Federal trench safety laws.
1.02 UNIT PRICES
A. Measurement for trench safety systems used on trench excavations is on a linear foot
basis measured along the centerline of the trench,including manholes and other line
structures. No separate measurement will be made of shoring systems used by the
CONTRACTOR for protection unless identified as Special Shoring on the Drawings.
Shoring, other than Special shoring,will be included in the trench safety system
measurements.
B. Measurement for Special Shoring system installations shown on the Drawings and
included in the bid schedule for trench excavations, is on a square foot basis.
C. No payment will be made for trench safety systems stems for structural excavations under
this section. Include payment for trench safety system in applicable structure
installation sections.
D. Refer to Section 01200 -Measurement and Payment for unit price procedures.
1.03 DEFINITIONS
A. A trench is defined as a narrow excavation(in relation to its depth)made below the
surface of the ground. In general, the depth is greater than the width,but the width of
a trench(measured at the bottom)is not greater than 15 feet.
B. The trench safety system requirements apply to larger open excavations if the
erection of structures or other installations limits the space between the excavation
slope and the installation to dimensions equivalent to a trench as defined.
C. Trench Safety Systems include both Protective Systems and Shoring Systems but are
not limited to sloping, sheeting,trench boxes or trench shields, slide rail systems,
sheet piling, cribbing,bracing, shoring, dewatering or diversion of water to provide
adequate drainage.
1. Protective Systems: A method of protecting employees from cave-ins, from
material that could fall or roll from an excavation face or into an excavation,
or from the collapse of an adjacent structure.
04/00 01570 - 1
CITY OF PEARLAND TRENCH SAFETY SYSTEM
2. Shoring System: A structure that supports the sides of an excavation and
1111 `1 which is designed to prevent cave-ins, or to prevent movements of the ground
affecting adjacent installations or improvements.
3. Special Shoring: A shoring system meeting Special Shoring Requirements for
locations identified on the Drawings.
1.04 SUBMITTALS
A. Submittals shall conform to requirements of Section 01350 - Submittals.
B. Submit a safety program specifically for the construction of trench excavation.
Design the trench safety program to be in accordance with OSHA 29CFR standards
governing the presence and activities of individuals working in and around trench
excavations, and in accordance with any Special Shoring requirements at locations
shown on the Drawings.
C. Have construction and shop drawings for trench safety systems sealed as required by
OSHA by a licensed Professional ENGINEER retained and paid by the
CONTRACTOR.
D. Review of the safety program by the ENGINEER will only be in regard to
compliance with the Contract Documents and will not constitute approval by the
ENGINEER nor relieve CONTRACTOR of obligations under State and Federal
trench safety laws.
1.05 REGULATORY REQUIREMENTS
A. Install and maintain trench safety systems in accordance with the provision of
Excavations, Trenching, and Shoring, Federal Occupation Safety and Health
Administration(OSHA) Standards, 29CFR, Part 1926, Subpart P, as amended,
including Final Rule,published in the Federal Register Vol. 54,No. 209 on Tuesday,
October 31, 1989. The sections that are incorporated into these specifications by
reference include Sections 1926-650 through 1926-652.
B. A reproduction of the OSHA standards included in"Subpart P—Excavations" from
the Federal Register Vol. 54,No. 209 is available upon request to CONTRACTORS
bidding on OWNER's projects. The OWNER assumes no responsibility for the
accuracy of the reproduction. The CONTRACTOR is responsible for obtaining a
copy of this section of the Federal Register.
C. Legislation that has been enacted by the Texas Legislature with regard to Trench
Safety Systems, is hereby incorporated,by reference, into these specifications. Refer
to Texas Health and Safety Code Ann., §756.021 (Vernon 1991).
04/00 01570 -2
CITY OF PEARLAND TRENCH SAFETY SYSTEM
D. Reference materials, if developed for a specific project,will be issued with the Bid
Documents, including the following:
1. Geotechnical information obtained for use in design of the trench safety
system.
2. Special Shoring Requirements.
1.06 INDEMNIFICATION
A. CONTRACTOR shall indemnify and hold harmless the OWNER, its employees, and
agents, from any and all damages, costs (including,without limitation, legal fees,
court costs, and the cost of investigation),judgments or claims by anyone for injury
or death of persons resulting from the collapse or failure of trenches constructed
under this Contract.
B. CONTRACTOR acknowledges and agrees that this indemnity provision provides
indemnity for the OWNER in case the OWNER is negligent either by act or omission
in providing for trench safety, including,but not limited to safety program and design
reviews, inspections, failures to issue stop work orders, and the hiring of the
CONTRACTOR.
2.0 PRODUCTS (NOT USED)
(/11111 ',
3.0 EXECUTION
3.01 INSTALLATION
A. Install and maintain trench safety systems in accordance with provisions of
OSHA 29CFR.
B. Specially designed trench safety systems shall be installed in accordance with the
CONTRACTOR's trench excavation safety program for the locations and conditions
identified in the program. Install Special Shoring at the locations shown on the
Drawings.
C. Obtain verification from a competent person, as identified in the CONTRACTOR's
trench excavation safety program,that trench boxes and other premanufactured
systems are certified for the actual installation conditions.
3.02 INSPECTION
A. Conduct daily inspections by CONTRACTOR or CONTRACTOR's independently
retained consultant, of the trench safety systems to ensure that the installed systems
and operations meet OSHA 29CFR and other personnel protection regulations
requirements.
' B. If evidence of possible cave-ins or slides is apparent, immediately stop work in the
trench and move personnel to safe locations until necessary precautions have been
taken to safeguard personnel.
04/00 01570 -3
CITY OF PEARLAND TRENCH SAFETY SYSTEM
C. Maintain a permanent record of daily inspections.
3.03 FIELD QUALITY CONTROL
Verify specific applicability of the selected or specially designed trench safety systems to
each field condition encountered on the project.
END OF SECTION
04i00 01570 -4
CITY OF PEARLAND PROJECT IDENTIFICATION SIGNS
SECTION 01580
(.111\ PROJECT IDENTIFICATION SIGNS
1.0 GENERAL
1.01 SECTION INCLUDES
A. Project identification sign description.
B. Installation.
C. Maintenance and removal.
1.02 UNIT PRICES
A. No separate payment will be made for design, fabrication, installation, and
maintenance of project identification signs under this Section.
B. If changes to project identification signs are requested by the City Engineer to keep
them current,payment will be made by change order.
C. Skid-mounted signs shall be relocated as directed by the City Engineer at no
additional cost to the City. Post-mounted signs shall be relocated once, if directed in
writing by the City Engineer, at no additional cost to the City. If a post-mounted sign
is relocated more than once at the written direction of the City Engineer,payment
will be made by change order.
1.03 SYSTEM DESCRIPTION
A. Sign Construction: Project identification signs shall be constructed of new materials
and painted new for the project. Construct post-mounted signs as shown on
Construction Sign Details.
B. Appearance: Project identification signs shall be maintained to present a clean and
neat look throughout the project duration.
C. Sign Manufacturer/Maker: Experienced as a professional sign company.
D. Sign Placement: Place signs at locations as directed by the City Engineer. The City
Engineer will provide sign placement instructions at the Preconstruction Meeting.
1. A linear project is one involving paving, overlay, sewer lines, storm drainage,
or water mains that run in the right-of-way over a distance. A linear project
requires a project identification sign at each end of the construction site.
2. Single Site or Building Projects: Provide one project identification sign.
01580-1
CITY OF PEARLAND PROJECT IDENTIFICATION SIGNS
3. Multiple Sites: Provide one project identification sign at each site.
4. Sign Relocation: As work progresses at each site, it may be necessary to
move and relocate project identification signs. Relocate signs as directed in
writing by the City Engineer.
E. Alternate Skid-mounted Sign Construction: Post-mounted signs are preferred,but
skid-mounted signs are allowed, especially for projects with noncontiguous locations
where work progresses from one location to another. The skid structure shall be
designed so that the sign will withstand a 60-mile-per-hour wind load directly to the
face or back of the sign. Use stakes, straps, or ballast. Approval of the use of skid-
mounted signs shall not release the CONTRACTOR from responsibility of
maintaining a project identification sign on the project site and shall not make the
City responsible for the security of such signs.
1.04 SUBMITTALS
A. Submit shop drawings under provisions of Section 01350 - Submittal Procedures.
B. Show content, layout, lettering style, lettering size, and colors. Make sign and
lettering to scale, clearly indicating condensed lettering, if used.
2.0(1111"1\ 2.01 SIGN MATERIALS
A. Structure and Framing: All sign materials shall be new.
1. Sign Posts: Use 4-inch by 4-inch wood posts, 8 feet long for skid mounting
and 12 feet long minimum for post hole mounting to set top of posts at 8 feet
above existing grade.
2. Skid Bracing: 2-inch by 4-inch wood framing material.
3. Skid Members: 2-inch by 6-inch wood framing material.
4. Fasteners:
a. Use galvanized steel fasteners.
b. Use 'A-inch by 5'/2-inch button head carriage bolts to attach sign to
posts and %-inch by 3'A-inch to attach sign header to sign. Secure
with nuts and flat head washers at locations shown on the detail titled
Project Sign Construction.
c. Cover button heads with white reflective film or paint to match sign
background.
01580-2
CITY OF PEARLAND PROJECT IDENTIFICATION SIGNS
B. Sign: Use marine plywood, minimum 3/4-inch thick. Use full-size 4-foot by 8-foot
r/1"\, sheets for sign and a single piece for header to minimize joints; do not piece wood to
fabricate a sign face.
C. Paint and Primers: White paint used to prime surfaces and to resist weathering shall
be an industrial grade, fast-drying, oil-based paint with gloss finish. Paint structural
and framing members white on all sides and edges to resist weathering. Paint sign
and sign header material white on all sides and edges to resist weathering. Paint all
sign surfaces with this weather-protective paint prior to adding any sign paint or
adhesive applications.
D. Colors:
1. Sign Background: Sign and sign header backgrounds shall be industrial
grade,reflective white. Use 3M Scotchlite Engineer Grade,Pressure
Sensitive Sheeting(White), or approved equal.
2. Sign Border: Add 2Y2-inch-wide red border along the four edges of the
project sign. Do not apply the border to the sign header. For border,use
industrial grade reflective red. Use 3M Scotchlite Engineer Grade, Pressure
Sensitive Sheeting(Red), or approved equal.
3. Sign Film: Make legends, symbols, lettering, and artwork from 3M Scotchcal
Pressure Sensitive Films,or approved equal. Match colors to the following
3M Scotchcal Pressure Sensitive Films.
All Lettering: Vivid Blue
E. City Seal and Other Logos: The City Engineer will provide seals and other logos to
the CONTRACTOR, as needed.
2.02 SIGN LAYOUT
A. Lettering:
1. Style, Size, and Spacing: Prepare the sign using uppercase Helvetica Regular
lettering of the height and spacing shown on the Drawings.
2. Condensed Style: Lettering for variable text may be condensed if needed to
maintain sign composition.
B. Composition:
1. Lines with Standard Text: Lines 1 through 9 and 13 through 15 provide the
names and titles for Mayor, Council Members, City Manager, and the City
Engineer. These lines will be placed exactly as shown on the Drawings with
the same size and spacing as indicated.
01580-3
CITY OF PEARLAND PROJECT IDENTIFICATION SIGNS
2. Lines with Variable Text:
a. Line 10 gives the project name and dollar amount for project
construction.
p J
The City Engineer will provide the project name and dollar amount to
the CONTRACTOR for preparation of the sign.
b. Line 12 is for the firm name of the project CONTRACTOR.
3. Logo for the City of Pearland: A space approximately 18 inches high by
18 inches wide shall be reserved for the City's logo in the upper left corner of
the sign. The City Engineer will provide the CONTRACTOR with the logo.
The logo shall be affixed to the sign by the sign maker.
3.0 EXECUTION
3.01 INSTALLATION
A. Install project identification signs within seven(7) calendar days after Date of
Commencement.
B. Erect signs where designated by the City Engineer at the Preconstruction Meeting.
Position the sign in such a manner as to be fully visible and readable to the general
public.
C. Erect sign level and plumb.
D. If mounted on posts, sink posts at least 3 feet below grade. Stabilize posts to
minimize lateral motion. Leave a minimum of 8 feet of post above existing grade for
mounting of the sign and header.
E. Erect sign so that the top edge of the sign,not the sign header, is at a nominal 8 feet
above existing grade.
3.02 MAINTENANCE AND REMOVAL
A. Keep signs and supports clean. Repair deterioration and damage.
B. Remove signs, framing, supports, and foundations to a depth of 2 feet upon
completion of Project. Restore the area to a condition equal to or better than before
construction.
END OF SECTION
01580-4
CITY OF PEARLAND MATERIAL AND EQUIPMENT
SECTION 01600
MATERIAL AND EQUIPMENT
1.0 GENERAL
1.01 SECTION INCLUDES
Requirements for transportation, delivery, handling, and storage of materials and equipment.
1.02 PRODUCTS
A. Products: Means material, equipment, or systems forming the Work. Does not
include machinery and equipment used for preparation, fabrication, conveying and
erection of the Work. Products may also include existing materials or components
designated for reuse.
B. Do not reuse materials and equipment, designated to be removed, except as specified
by the Contract Documents.
C. Provide equipment and components from the fewest number of manufacturers as is
practical, in order to simplify spare parts inventory and to allow for maximum
interchangeability of components. For multiple components of the same size,type or
application, use the same make and model of component throughout the project.
(111
1.03 TRANSPORTATION
A. Make arrangements for transportation, delivery, and handling of equipment and
materials required for timely completion of the Work.
B. Transport and handle products in accordance with instructions.
C. Consign and address shipping documents to the proper party giving name of Project,
street number, and City. Shipments shall be delivered to the CONTRACTOR.
1.04 DELIVERY
A. Arrange deliveries of products to accommodate the short term site completion
schedules and in ample time to facilitate inspection prior to installation. Avoid
deliveries that cause lengthy storage or overburden of limited storage space.
B. Coordinate deliveries to avoid conflict with Work and conditions at the site and to
accommodate the following:
1. Work of other contractors or the City.
2. Limitations of storage space.
04/00 01600 - 1
CITY OF PEARLAND MATERIAL AND EQUIPMENT
3. Availability of equipment and personnel for handling products.
(.1116\1
4. City's use of premises. •
C. Have products delivered to the site in manufacturer's original, unopened, labeled
containers.
D. Immediately upon delivery, inspect shipment to assure:
1. Product complies with requirements of Contract Documents.
2. Quantities are correct.
3. Containers and packages are intact; labels are legible.
4. Products are properly protected and undamaged.
1.05 PRODUCT HANDLING
A. Coordinate the off-loading of materials and equipment delivered to the job site. If
necessary to move stored materials and equipment during construction,
CONTRACTOR shall relocate materials and equipment at no additional cost to the
City.
B. Provide equipment and personnel necessary to handle products, including those
provided by the City,by methods to prevent damage to products or packaging.
C. Provide additional protection during handling as necessary to prevent breaking
scraping,marring, or otherwise damaging products or surrounding areas.
D. Handle products by methods to prevent over bending or overstressing.
E, Lift heavy components only at designated lifting points.
F. Handle materials and equipment in accordance with Manufacturer's
recommendations.
G. Do not drop,roll, or skid products off delivery vehicles. Hand carry or use suitable
materials handling equipment.
1.06 STORAGE OF MATERIAL
A. Store and protect materials in accordance with manufacturer's recommendations and
requirements of these Specifications.
B. Make necessary provisions for safe storage of materials and equipment. Place loose
soil materials, and materials to be incorporated into the Work to prevent damage to
any part of the Work or existing facilities and to maintain free access at all times to
all parts of the Work and to utility service company installations in the vicinity of the
Work. Keep materials and equipment neatly and compactly stored in locations that
will cause a minimum of inconvenience to other contractors,public travel,adjoining
04/00 01600 -2
CITY OF PEARLAND MATERIAL AND EQUIPMENT
owners,tenants, and occupants. Arrange storage in a manner to provide easy access
for inspection.
C. Restrict storage to areas available on the construction site for storage of material and
equipment as shown on Drawings or approved by the City Engineer.
D. Provide off-site storage and protection when on-site storage is not adequate.
E. Do not use lawns, grass plots, or other private property for storage purposes without
written permission of the owner or other person in possession or control of such
premises.
F. Protect stored materials and equipment against loss or damage. •
G. Store in manufacturers' unopened containers.
H. Materials delivered and stored along the line of the Work shall be neatly, safely, and
compactly stacked along the work site in such manner as to cause the least
inconvenience and damage to property owners and the general public,and shall be
not closer than 3 feet to any fire hydrant. Public and private drives and street
crossings shall be kept open.
I. Damage to lawns, sidewalks, streets or other improvements shall be repaired or
replaced to the satisfaction of the City Engineer. The total length which materials
may be distributed along the route of construction at any one time is 1,000 lineal feet,
p\� unless otherwise approved in writing by the City Engineer.
2.0 PRODUCTS (NOT USED)
3.0 EXECUTION (NOT USED)
END OF SECTION
04/00 01600 -3
CITY OF PEARLAND PRODUCT OPTIONS AND SUBSTITUTIONS
SECTION 01630
PRODUCT OPTIONS AND SUBSTITUTIONS
1.0 GENERAL
1.01 SECTION INCLUDES
A. Options for making product or process selections.
B. Procedures for proposing equivalent construction products or processes,including
preapproved, and approved products or processes.
1.02 DEFINITIONS
A. Product: Means materials, equipment, or systems incorporated into the Project.
Product does not include machinery and equipment used for production,fabrication,
conveying, and erection of the Work. Products may also include existing materials or
components designated for re-use.
B. Process: Any proprietary system or method for installing system components
resulting in an integral, functioning part of the Work. For this Section,the word
Product includes Processes.
1.03 SELECTIONS OPTIONS
A. Preapproved Products: Construction products of certain manufacturers or suppliers
are designated in the Specifications as "preapproved." Products of other
manufacturers or suppliers will not be acceptable for this Project and will not be
considered under the submittal process for approving alternate products.
B. Approved Products: Construction products or processes of certain manufacturers or
suppliers designated in the Specifications followed by the words "or approved equal."
Approval of alternate products or processes not listed in the Specifications
may be obtained through provisions for product options and substitutions in
Document 00700 -General Conditions, and by following the submittal procedures
specified in Section 01350 - Submittals. The procedure for approval of alternate
products is not applicable to preapproved products.
C. Product Compatibility: To the maximum extent possible,provide products that are of
the same type or function from a single manufacturer, make, or source. Where more
than one choice is available as a CONTRACTOR's option, select a product that is
compatible with other products already selected, specified, or in use by the OWNER.
1.04 CONTRACTOR's RESPONSIBILITY
A. The CONTRACTOR's responsibility related to product options and substitutions is
(1.",\ defined in the General Conditions.
B. Furnish information the ENGINEER deems necessary to judge equivalency of the
alternate product.
04/00 01630 - 1
CITY OF PEARLAND PRODUCT OPTIONS AND SUBSTITUTIONS
C. Pay for laboratory testing, as well as any other review or examination costs, needed
to establish the equivalency between products in order to obtain information upon
which the ENGINEER can base a decision.
D. If the ENGINEER determines that an alternate product is not equal to that named in
the Specifications,the CONTRACTOR shall furnish one of the specified products.
1.05 ENGINEER's REVIEW
A. Alternate products or processes maybe used only if approved in writing by the
ENGINEER. The ENGINEER's determination regarding acceptance of a proposed
alternate product is final.
B. Alternate products will be accepted if the product is judged by the ENGINEER to be
equivalent to the specified product or to offer substantial benefit to the OWNER.
C. The OWNER retains the right to accept any product or process deemed advantageous
to the OWNER, and similarly,to reject any product or process deemed not beneficial
to the OWNER.
1.06 SUBSTITUTION PROCEDURE
A. Collect and assemble technical information applicable to the proposed product to aid
in determining equivalency as related to the approved product specified.
(1/111.`' B. Submit a written request for a construction product to be considered as an alternate
product.
C. Submit the product information after the effective date of the Agreement and within
the time period allowed for substitution submittals given in the General Conditions.
After the submittal period has expired,requests for alternate products will be
considered only when a specified product becomes unavailable because of conditions
beyond the CONTRACTOR's control.
D. Submit five (5) copies of each request for alternate product approval. Include the
following information:
1. Complete data substantiating compliance of proposed substitution with
Contract Documents.
2. For products:
a. Product identification, including manufacturer's name and address.
b. Manufacturer's literature with product description,performance and
test data, and reference standards.
c. Samples, as applicable.
d. Name and address of similar projects on which product was used and
date of installation. Include the name of the OWNER,
Architect/ENGINEER, and installing CONTRACTOR.
04/00 01630 -2
CITY OF PEARLAND PRODUCT OPTIONS AND SUBSTITUTIONS
3. For construction methods:
a. Detailed description of proposed method.
b. Drawings illustrating methods.
4. Itemized comparison of proposed substitution with product or method
specified.
5. Data relating to changes in construction schedule.
6. Relation to separate contracts, if any.
7. Accurate cost data on proposed substitution in comparison with product or
method specified.
8. Other information requested by the ENGINEER.
E. Approved alternate products will be subject to the same review process as the
specified product would have been for shop drawings,product data, and samples.
2.0 PRODUCTS (NOT USED)
3.0 EXECUTION (NOT USED)
END OF SECTION
04/00 01630 - 3
CITY OF PEARLAND FIELD SURVEYING
SECTION 01720
(1116.%
FIELD SURVEYING
1.0 GENERAL
1.01 QUALITY CONTROL
Conform to State of Texas laws for surveys requiring licensed surveyors. Employ a land
surveyor acceptable to ENGINEER.
1.02 SUBMITTALS
A. Submit to ENGINEER the name, address, and telephone number of Surveyor before
starting survey work.
B. Submit documentation verifying accuracy of survey work on request.
C. Submit information under provisions of Section 01350 - Submittals.
1.03 PROJECT RECORD DOCUMENTS
A. Maintain a complete and accurate log of control and survey work as it progresses.
B. Submit Record Documents under provisions of Section 01350 - Submittals.
1.04 EXAMINATION
A. Verify locations of survey control points prior to starting Work.
B. Notify ENGINEER immediately of any discrepancies discovered.
1.05 SURVEY REFERENCE POINTS
A. Control datum for survey is that established by OWNER-provided survey and
indicated on Drawings.
B. Locate and protect survey control points, including property corners,prior to starting
site work;preserve permanent reference points during construction.
C. Notify ENGINEER 48 hours in advance of need for relocation of reference points
due to changes in grades or other reasons.
D. Report promptly to ENGINEER the loss or destruction of any reference point.
E. CONTRACTOR shall reimburse OWNER for cost of reestablishment of permanent
reference points disturbed by CONTRACTOR's operations.
04/00 01720 -1
CITY OF PEARLAND FIELD SURVEYING
1.06 SURVEY REQUIREMENTS
(111.1\ A. Utilize recognized engineering survey practices.
B. Establish a minimum of two (2)permanent bench marks on site, referenced to
established control points. Record locations,with horizontal and vertical data,on
Project Record Documents.
C. Establish and record in survey notes elevations, lines and levels to provide quantities
required for measurement and payment and to provide appropriate controls for the
Work. Locate and lay out by instrumentation and similar appropriate means:
1. Site improvements including pavements; stakes for grading; fill and topsoil
placement; utility locations, slopes, and invert elevations.
2. Grid or axis for structures.
D. Verify periodically layouts by same means.
2.0 PRODUCTS (NOT USED)
3.0 EXECUTION (NOT USED)
(111"\' END OF SECTION
04/00 01720 -2
CITY OF PEARLAND CUTTING AND PATCHING
SECTION 01730
Cillb.\
CUTTING AND PATCHING
1.0 GENERAL
1.01 SECTION INCLUDES
Cutting,patching and fitting of Work to existing facilities, or to accommodate installation or
connection of Work with existing facilities, or to uncover work for access, inspection or
testing.
1.02 CUTTING AND PATCHING
A. Perform activities to avoid interference with facility operations and the Work of
others in accordance with the Document 00700 - General Conditions of the Contract.
B. Execute cutting and patching,including excavation,backfill and fitting to:
1. Remove and replace defective Work or Work not conforming to the Drawings
and Specifications.
2. Take samples of installed Work as required for testing.
C1116) 3. Remove construction required to provide for specified alteration or addition
to existing work.
4. Uncover Work to provide for inspection or reinspection of covered Work by
the ENGINEER or regulatory agencies having jurisdiction.
5. Connect any Work that was not accomplished in the proper sequence to
completed Work.
6. Remove or relocate existing utilities and pipes which obstruct Work to which
connections must be made.
7. Make connections or alterations to existing or new facilities.
8. Provide openings, channels, chases and flues,if any, and do cutting,patching
and finishing.
C. Restore existing work to a state equal to or better than that prior to cutting and
patching. Restore new Work to standards of these Specifications.
D. Support, anchor, attach,match,trim and seal materials to the Work of others. Unless
otherwise specified, furnish and install sleeves, inserts,hangers,required for the
execution of the Work.
04/00 01730- 1
CITY OF PEARLAND CUTTING AND PATCHING
E. Provide shoring,bracing and support as required to maintain structural integrity and
protect adjacent Work from damage during cutting and patching. Before cutting
beams or other structural members, anchors, lintels or other supports, request written
instructions from the ENGINEER. Follow such instructions, as applicable.
1.03 SUBMITTALS
A. Submit written notice to the ENGINEER requesting consent to proceed prior to
cutting which may affect structural integrity or design function, OWNER operations,
or work of another CONTRACTOR.
B. Include the following in submittal:
1. Identification of project.
2. Description of affected Work.
3. Necessity for cutting.
4. Effect on other work and on structural integrity.
5. Include description of proposed Work:
a. Scope of cutting and patching.
(.161 b. CONTRACTOR, subcontractor or trade to execute Work.
c. Products proposed to be used.
d. Extent of refinishing.
e. Schedule of operations.
6. Alternatives to cutting and patching,if any.
C. Should conditions of Work or schedule indicate change of materials or methods,
submit a written recommendation to the ENGINEER including:
1. Conditions indicating change.
2. Recommendations for alternative materials or methods.
3. Submittals as required for substitutions.
D. Submit written notice to the ENGINEER designating time Work will be uncovered
for observation. Do not begin cutting or patching operations until authorized by the
ENGINEER.
04/00 01730-2
CITY OF PEARLAND CUTTING AND PATCHING
1.04 CONNECTIONS TO EXISTING FACILITIES
cA. Perform construction necessary to complete connections and tie-ins to existing
facilities. Keep all existing facilities in continuous operation unless otherwise
specifically permitted in these Specifications or approved by the ENGINEER.
B. Coordinate with the ENGINEER, interruption of service requiring connection into
existing facilities. Bypassing of wastewater or sludge to waterways is not permitted.
Provide temporary pumping facilities to handle wastewater if necessary. Use
temporary bulkheads(e.g., inflatable plugs)to minimize disruption. Provide
temporary power supply and piping to facilitate construction where necessary.
C. Submit a detailed schedule of proposed connections, including shut-downs and tie-
ins. Include in the submittal the proposed time and date as well as the anticipated
duration of the Work. Submit the detailed schedule coordinated with the construction
schedule.
Provide specific time and date information to the ENGINEER 48 hours in advance of
proposed Work.
D. Procedures and Operations:
1. The CONTRACTOR may operate existing pumps,valves and gates required
for sequencing procedures only as directed by the ENGINEER. Do not
operate any valve, gate or other item of equipment without permission of the
City and the knowledge of the ENGINEER.
2. Insofar as possible, equipment shall be tested and in operating condition
before final tie-ins are made to connect equipment to the existing facility.
3. Carefully coordinate Work and schedules. Provide written notice to the
ENGINEER at least 48 hours before shut-downs or by-passes are required.
2.0 PRODUCTS (NOT USED)
3.0 EXECUTION (NOT USED)
END OF SECTION
l
04/00 01730-3
CITY OF PEARLAND STARTING SYSTEMS
SECTION 01750
C1111116'\ STARTING SYSTEMS
1.0 GENERAL
1.01 SECTION INCLUDES
A. Starting systems.
B. Demonstration and instructions.
C. Testing, adjusting, and balancing.
1.02 UNIT PRICES
No separate payment will be made for work performed under this Section. Include cost of
work performed under this Section in pay item of which this work is a component.
2.0 PRODUCTS (NOT USED)
3.0 EXECUTION
3.01 PREPARATION
A. Coordinate schedule for start-up of various equipment and systems.
B. Notify City Engineer seven(7) days prior to startup of each item.
C. Verify that each piece of equipment or system has been checked for proper
lubrication, drive rotation,belt tension, control sequence,or other conditions which
may cause damage.
D. Verify that tests,meter readings, and specified electrical characteristics agree with
those required by the equipment or system manufacturer.
E. Verify wiring and support components for equipment are complete and tested.
F. Execute start-up under CONTRACTOR's supervision in accordance with
manufacturer's instructions.
G. When specified in individual specification sections,require manufacturer to provide
authorized representative to be present at site to inspect, check and approve
equipment or system installation prior to and during start-up,and to supervise placing
equipment or system in operation.
H. Submit a written report that equipment or system has been properly installed and is
functioning correctly.
04/00 01750 - 1
CITY OF PEARLAND STARTING SYSTEMS
3.02 DEMONSTRATION AND INSTRUCTIONS
A. Demonstrate operation and maintenance of products to City Engineer two 2 weeks
minimum prior to date of Substantial Completion.
B. Utilize operation and maintenance manuals as basis for instruction. Review contents
of manual with City Engineer in detail to explain all aspects of operation and
maintenance.
C. Demonstrate start-up, operation,control, adjustment,trouble-shooting, servicing,
maintenance, and shutdown of each item of equipment at agreed-upon times, at
equipment location.
D. Prepare and insert additional data in operations and maintenance manuals when need
for additional data becomes apparent during instruction.
3.03 TESTING,ADJUSTING,AND BALANCING
A. City Engineer will appoint, employ, and pay for services of an independent firm to
perform testing, adjusting and balancing.
B. Reports will be submitted by the independent firm to the City Engineer indicating
observations and results of tests and indicating compliance or non-compliance with
specified requirements and with the requirements of the Contract Documents.
(1111"\,
END OF SECTION
04/00 01750 -2
CITY OF PEARLAND PROJECT RECORD DOCUMENTS
SECTION 01760
PROJECT RECORD DOCUMENTS
1.0 GENERAL
1.01 SECTION INCLUDES
Maintenance and Submittal of Record Documents and Samples.
1.02 MAINTENANCE OF DOCUMENTS AND SAMPLES
A. Maintain one (1)record copy of documents at the site in accordance with
Document 00700 -General Conditions,paragraph 3.02.
B. Store Record Documents and samples in field office if a field office is required by
Contract Documents, or in a secure location. Provide files,racks, and secure storage
for Record Documents and samples.
C. Label each document"PROJECT RECORD"in neat, large,printed letters.
D. Maintain Record Documents in a clean, dry, and legible condition. Do not use
Record Documents for construction purposes.
E. Keep Record Documents and Samples available for inspection by ENGINEER.
1.03 RECORDING
A. Record information concurrently with construction progress. Do not conceal any
work until required information is recorded.
B. Contract Drawings, Change Orders, and Shop Drawings: Legibly mark each item to
record all actual construction, or"as built" conditions, including:
1. Measured horizontal locations and elevations of underground utilities and
appurtenances,referenced to permanent surface improvements.
2. Elevations of underground utilities referenced to bench mark utilized for
project.
3. Field changes of dimension and detail.
4. Changes made by modifications.
5. Details not on original contract drawings.
6. References to related shop drawings and Modifications.
C. Record information with a red pen or pencil on a set of blue line opaque drawings,
provided by ENGINEER.
04/00 01760- 1
CITY OF PEARLAND PROJECT RECORD DOCUMENTS
�` 1.04 SUBMITTALS
At contract closeout, deliver Project Record Documents to ENGINEER.
2.0 PRODUCTS (NOT USED)
3.0 EXECUTION (NOT USED)
END OF SECTION
04/00 01760 -2
CITY OF PEARLAND CONTRACT CLOSEOUT
SECTION 01770
("N.
CONTRACT CLOSEOUT
1.0 GENERAL
1.01 SECTION INCLUDES
Closeout procedures including final submittals such as operation and maintenance data,
warranties, and spare parts and maintenance materials.
1.02 CLOSEOUT PROCEDURES
A. Comply with Document 00700 - General Conditions regarding Final Completion and
Final Payment when Work is complete and ready for ENGINEER's final inspection.
B. Provide Project Record Documents in accordance with Section 01350 - Submittals.
C. Complete or correct items on punch list,with no new items added. Any new items
will be addressed during warranty period.
D. The OWNER will occupy portions of the Work as specified in other Sections.
E. CONTRACTOR shall request Final Inspection at least two(2)weeks prior to Final
(1/8 Acceptance.
1.03 FINAL CLEANING
A. Execute final cleaning prior to final inspection.
B. Clean debris from drainage systems.
C. Clean site; sweep paved areas,rake clean landscaped surfaces.
D. Remove waste and surplus materials,rubbish, and temporary construction facilities
from the site following the final test of utilities and completion of the work.
1.04 OPERATION AND MAINTENANCE DATA
Submit operations and maintenance data as noted in Section 01350 - Submittals.
1.05 WARRANTIES
A. Provide one original of each warranty from Subcontractors, suppliers, and
manufacturers.
B. Provide Table of Contents and assemble warranties in 3-ring/D binder with durable
l plastic cover.
04/00 01770- 1
CITY OF PEARLAND CONTRACT CLOSEOUT
C. Submit warranties prior to final Application for Payment.
rib.';
D. Warranties shall commence in accordance with the requirements in
Document 00700 -General Conditions,paragraph 9.10, Substantial Completion.
2.0 PRODUCTS (NOT USED)
3.0 EXECUTION (NOT USED)
END OF SECTION
riwA''
04i00 01770 -2
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
SECTION 02586
ABANDONMENT OF EXISTING WELL
1.0 GENERAL
1.01 SECTION INCLUDES
A. Saw cut,remove, and dispose of the existing concrete slab offsite.
B. Excavate, cut, seal/plug, and cap existing water well as specified by Texas Commission
on Environmental Quality (TCEQ) and herein.
C. Back fill to match existing surrounding conditions.
D. Submit the well report to TCEQ and provide a copy of the report to the City.
1.02 UNIT PRICES
A. Payment for work in this Section is included in the lump sum bid price of Bid Item for
Abandonment of Existing Well.
B. The lump sum bid price will include all cutting, welding, and demolishing required to
remove the concrete slab, cut-off the surface casing, fill the blank/screened production and
surface casing, install a concrete plug, cap the surface casing and back fill excavation to
match the existing conditions.
1.03 QUALITY ASSURANCE
A. Character of Workmen: The Contractor shall employ only competent workmen, skilled in
the performance of the type of work required under the contract, to do the work. Through
the entire course of the work on the well, a driller or foreman in charge and on the job in
the field at the well for at least one tour per day shall have had experience in charge of
similar work on at least five previous water wells of equal or greater size constructed in
the Texas Gulf Coast area.
B. Service Rig: To perform plugging operations, the Contractor shall provide the rig with a
minimum of 2-ton capacity, single drum, workover rig, capable of handling the necessary
tubing and incidentals required to seal/plug a 4-inch well at the total depth. The mud
pump furnished with the rig shall be capable of pumping the mud at the specified viscosity
to the bottom of the well. The City shall have the right to approve or reject the rig and
equipment used,but approval by the City will not remove the Contractor's responsibility
to furnish equipment that will efficiently complete the work as specified.
C. Mud Control and Testing: The Contractor shall follow the guidelines for maintaining the
mud fluid as outlined in Section 4.3 of AWWA A100-97 unless the Contractor gives
notice to the City and obtains approval of exceptions taken to those guidelines. Types and
amounts of drilling mud or mud additives added, mud weight, viscosity, water loss, and
Project No.052511256.0004 02586—Page 1 of 4 ABANDONMENT OF EXISTING WELL
July 30,2003
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
pH shall be recorded. Measurement of pH using color matching paper and sticks shall be
acceptable. Water use for mud shall be potable water.
1.04 SUBMITTALS
A. Workmen: The Contract shall furnish to the City the name and the license number of the
driller or foreman commencing the work.
B. Mud Composition: The Contractor shall submit for approval the proposed drilling mud,
mud additives, and the mixed composition with percentage of each product.
C. Contractor's Report: The Contractor shall submit the report of the abandoned well to
TCEQ as required and provide the City the copy of the report.
1.05 PRODUCT DELIVERY,STORAGE,AND HANDLING
Sack Cement and Drilling Mud:
1. Store in weather-tight enclosures and protect against dampness and contamination.
2. Store off ground and in a building, if necessary.
2.0 PRODUCTS
2.01 CEMENT
A. Cement slurry mix shall be Portland, API Class A, with 8 percent or less gel additive. Gel
additive shall be cement-grade bentonite and meet API Standard 10A.
B. Class A neat cement slurry shall weigh 15.6 pounds per gallon, Class A cement slurry
with 4 percent gel additive shall weigh 14.1 pounds per gallon, and Class A cement slurry
with 8 percent gel additive shall weigh 13.1 pounds per gallon.
C. Contractor is allowed to use special cement slurry mix consisting of 60 percent Class A
Portland cement ASTM Class 150 Type I and 40 percent Pozzolan (fly-ash) with
8 percent gel (bentonite),5 percent sodium chloride (rock salt), and 11.23 gallons of
potable water per sack of cement and pozzolan mix. No separate payment will be made
for special well-cement grout.
2.02 MUD
Acceptable manufacturer for drilling mud shall be Baroid, Dresser Magcobar or approved
by the City.
rib.\
Project No.052511256.0004 02586—Page 2 of 4 ABANDONMENT OF EXISTING WELL
July 30,2003
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
3.0 EXECUTION
3.01 SEAL/PLUG WATER WELL
A. The well shall be measured for the depth before it is sealed to ensure freedom from
obstructions that may interface with effective sealing operations.
B. The blank and screened production casing and the surface casing shall be filled with
heavy drilling mud placed downhole, through drill pipe or tubing, suspended from the
service rig traveling block. Drilling mud shall be placed from the bottom up, utilizing a
mud pump.
C. The heavy drilling mud used shall consist of bentonite mud with a marsh funnel viscosity
of not less than 50 seconds. Such heavy drilling mud shall be new and freshly mixed on
site or freshly mixed offsite and hauled to the site.
D. Heavy drilling mud shall be of the minimum viscosity, as described above, and mixed
with potable water and contain no caustics or toxic additives detrimental for use in potable
water wells. Drilling mud with cuttings (from other drilling operations)is not acceptable
for use as a sealing/plugging material. The heavy drilling mud shall extend to not less
than 14 feet below natural ground surface.
E. Portland Type II Cement with 8 percent gel can be used in place of heavy drilling mud
when directed by the Engineer.
F. Prior to excavation at the well hole, the existing concrete slab adjacent to the well shall be
saw cut(minimum 11/inch deep)along the edge of excavated area to provide the clean
break of concrete.
G. The surface casing shall be cut off no less than 4 feet below natural ground surface and
filled with a minimum of 10 feet in length concrete plug placed on top of the heavy
drilling fluid. When Portland Type II Cement is authorized for use, as the well fill
material, the 10-foot plug is not required.
H. A 1/2-inch-thick steel plate cover shall be immediately placed on the fresh concrete at the
top end of the surface casing. The steel place cover shall be full fillet or butt-welded, all
around the surface casing circumference, after the concrete has set.
I. The well and any associated excavation shall be guarded and protected from any
contamination or potential contaminant intrusion of any form, or in any manner during the
complete plugging operation.
J. The remaining hole and excavation shall be backfilled with granular loam to an elevation
slightly higher than abutting finished grade. All such backfill shall be compacted in
6-inch lifts to the same density as the surrounding soil.
Project No.052511256.0004 02586—Page 3 of 4 ABANDONMENT OF EXISTING WELL
July 30,2003
Corrigan Subdivision Drainage Improvements Contract No. 1
CITY OF PEARLAND Corrigan Ditch By-Pass Channel
(01",.
K. The Contractor shall remove from the well site locatio
n all concrete rubble from the
cut-off segment of the surface casing for disposal on property other than the City's.
END OF SECTION
C."*".
Project No.052511256.0004 02586—Page 4 of 4 ABANDONMENT OF EXISTING WELL
July 30,2003
CITY OF PEARLAND TRAFFIC PAINT (WATER BASED)
rail\ SECTION 02763
TRAFFIC PAINT (WATER BASED)
1.0 GENERAL
1.01 SECTION INCLUDES
A. Traffic paint(water based)
1.02 UNIT PRICES
A. Measurement for traffic paint(water based)pavement markings is on a linear
foot basis, measured in place.
B. Refer to Section 01200 -Measurement and Payment for unit price procedures.
1.03 SUBMITTALS
A. Submittals shall conform to requirements of Section 01350 - Submittals.
B. Coatings shall conform on a weight basis, to the composition requirements of
the standard formula. The fmished coatings shall conform with all requirements
stipulated for each standard formula and in addition shall equal a Wet Standard
in characteristics such as color,drying,flow,settling,brush ability,can stability,
hiding, etc.
C. Film characteristic shall conform with gloss, hardness, light permanency,
adhesion,etc.When testing for such conformity,the coating shall be applied and
tested under parallel conditions with the Wet Standard.
D. The fmished product shall be free of skins and foreign materials. All products
required to meet these specifications shall be inspected and tested. Testing shall
be done in accordance with the Texas State Department of Public
Transportation, "Manual on Testing Procedures".
1.04 DELIVERY AND STORAGE
A. Shipment shall be made in suitable, strong, well sealed containers that meet
specifications and federal requirements. Shipment shall also sufficiently sturdy
to withstand normal handling to which shipments are subjected in transit.
Finished coating containers and cases shall be plainly marked and securely
labeled with the name and designation of the coating,order number,requisition
number, batch number, date of manufacture, gross weight and manufacturer's
name. Labeling shall be on the sides of containers and cases. Labels must be
10/02 02763-1
CITY OF PEARLAND TRAFFIC PAINT (WATER BASED)
(11 sufficiently moisture resistant to withstand outdoor storage for a minimum of
one year. When the finished product is palletized for shipment,the labels shall
be on the outside for easy identification.
B. Raw materials and finished coatings,when stored,shall be in an orderly fashion
that will permit proper and correct inventory of these materials at all times.
C. Containers shall be filled by weight based on the actual gallon weight of the
paint at 77° F.
2.0 PRODUCTS
2.01 RAW MATERIALS
A. The exact brands and types of raw materials used in the Wet Standard are listed
for the purpose of facilitating the selection. The selection of parallel material
equal not only in quality and composition but also in physical and chemical
behavior after being used in the finished product.
B. Materials shall conform with the latest edition of Federal&ASTM
Specifications.
C. Pigments:
1. White
a. Titanium Dioxide shall meet ASTM Specification D476, Type I or
II.
b. Lead Free Zinc Oxide shall meet ASTM Specification D79, either
American process or French process.
2. Colored: Titanium Dioxide, Rutile, non-chalking:
Specific Gravity 4.05 to 4.15
Oil Absorption 16 to 20%
Moisture 0.5%Max.
Pigment Retained 0.1%Max.
On No. 325 Sieve
Ti02 Content 95%Min.
Fe203 Content 2.0 to 3.0%
pH 6.5 to 7.0
Ignition Loss 0.35%Max.
Y(luminosity) 42.5 to 45.5
D. Medium Chrome Yellow
1. Color and Characteristics. The luminance factor of the pigment shall be
10/02 02763-2
CITY OF PEARLAND TRAFFIC PAINT (WATER BASED)
rk‘' within the limits listed below when tested before and after exposure.
Min. Max.
Initial 53 59
Final 45 --
In addition,the allowable change between the initial and final luminance
factors shall be no more than 9 units. The initial and final CIE
Chromaticity Color coordinates of the pigment shall be within the
rectangle defined by the sets of coordinates (0.490, 0.455), (0.511,
0.433), (0.514, 0.480), and(0.535, 0.488).
2. Method of Test. The pigment shall be tested in accordance with Test
Method Tex-810-B,two coats. The formulation for the test enamel
using the pigment to be tested is as follows:
a.) Material Parts by Weight
Medium Chrome Yellow 600
75%Traffic Alkyd Resin(1) 298
4% Calcium Drier 5
6% Cobalt Drier 2
6%Zirconium Drier 2
Anti-Skinning Agent 2
Mineral Spirits 172 (2)
b.) Traffic Alkyd Resin Solution shall meet the requirements of
the part of this section titled "Resins" below.
c.) The amount of Mineral Spirits may be varied slightly to
produce the desired grinding consistency.
d.) Extenders
1. Calcium Carbonate
CaCo3 97.0% Min.
H2O 0.4%Max.
Density 2.6302 to 2.7299
Weight Retained
on No. 325 Sieve 0.75%Max.
Color: Equal to material listed in Standard Formula.
Substitution in a Standard Formula shall not result in a
viscosity variation greater than 5 KV.
2. Talc-ASTM D605
10/02 02763-3
CITY OF PEARLAND TRAFFIC PAINT (WATER BASED)
3. Silica
Si02 99.5%Min.
H2O 0.05%Max.
Density 2.5810 to 2.7011
Oil Absorption 25 lb/100 lb Max.
ASTM D281 Weight
Retained on No. 325 Sieve 1.0%Max.
E. Resins
1. Acrylic Traffic Resin shall be similar and equal to the standard
sample approved by the State Department of Transportation.
Solid Contents, Percent 60.0 - 62.0
Viscosity, #3 Spindle 840 - 860
60 RPM, cps
pH 8.8 - 9.0
Density, 25°C C 1.066 to 1.078
2. In addition to the above requirements,the infrared spectrum and
gel permeation chromatogram shall match the standard spectrum
and chromatogram on file with the State Department of Public
Transportation.
F. Miscellaneous Materials
1. Water,Potable
2. Methyl Alcohol,ASTM D1152 with Refractive Index 1, 3320
Max.
3. Diethylene Glycol Monobutyl Ether, Glycol Ether DB
Boiling Range, C° 228 to 234
Flash Point, C°,COC 115 Min.
Density, 25, C° 0.948 to 0.953
Refractive Index,
20°C 1.4314 to 1.418
Color Water, White
Appearance Clear, Sediment Free
Refractive Index 1.4290 Min.
4. Anti-Skinning Agent
5. Dispersant-Byk 156, Byk Chemie
6. Surfacant-Triton CF-10,Union Carbide
7. Defoamer
(111.6*\ 8. Hydroxy Ethyl Cellulose-Natrasol 250 LR, Aqualon
9. Attapulgate Clay-Attagel 50,Eulehard
10. Preservative
10/02 02763-4
CITY OF PEARLAND TRAFFIC PAINT (WATER BASED)
G. FORMULA
1. WPT-10, WHITE WATER BASED TRAFFIC PAINT
POUNDS
Acrylic Emulsion, 60% Solids,Rhom&Haas, TP-257 460
Coalescent, Glycol Ether DB 20
Coalescent, Exxon,Exxate 800 10
Titanium Dioxide, Rutile Type II 150
Silica 125
Calcium Carbonate, JM Huber, Hubercarb M-4 400
Attapulgate Clay, Engelhard,Attagel 50 4
Hydroxy Ethyl Cellulose, Aqualon,Natrosol, 250 LR 2
Defoamer 4
Dispersant, Byk Chemie, Byk 156 6
Surfactant, Union Carbide, Triton CF-10 2
Methyl Alcohol 20
Preservative 3-7
Water, Potable 90
TOTAL 1300
Density: ±0.05 Kg of theorectical density
Grind: 4 Min Particles: 8 Max(Test Method Tex-806-B)
Viscosity: 80-100 KV
Skinning: No skinning within 48 hours (Test Method Tex-811-B)
2. YPT-10, YELLOW WATER BASED TRAFFIC PAINT
POUNDS
Acrylic Emulsion, 60% Solids,Rhom&Haas, TP-257 460
Coalescent, Glycol Ether DB 20
Coalescent, Exxon, Exxate 800 10
Medium Chrome Yellow, Cookson Y-969-L 125
Titanium Dioxide, Rutile Special 25
Silica 125
Calcium Carbonate, JM Huber, Hubercarb M-4 430
Attapulgate Clay,Eugelhard,Attagel 50 4
Hydroxy Ethyl Cellulose,Aqualon,Natrosol, 250 LR 2
Defoamer 4
Dispersant, Byk Chemie,Byk 156 6
Surfactant, Union Carbide, Triton CF-10 2
Methyl Alcohol 20
Preservative 5
Water, Potable 90
TOTAL 1328
Gallon Weight: ±0.10 lb. of theoretical gallon weight
Grind: 4 Min Particles: 8 Max(Test Method Tex-806-B)
10/02 02763-5
CITY OF PEARLAND TRAFFIC PAINT (WATER BASED)
Viscosity: 80-100 KV
Skinning: No skinning within 48 hours (Test Method Tex-811-B)
3.0 EXECUTION
3.01 CONSTRUCTION METHOD
All traffic paint applications shall meet the following requirements:
A. Traffic paint shall be applied with a minimum thickness of 10 mils,
measured in dry condition,prior to adding any glass reflective spheres.
B. No thinning of the paint is allowed after paint is received from the
manufacturer. Paint striping shall be applied when the air temperature is
45°F., and rising.
C. Paint marking shall be applied and measured to±1/4" of the specified
widths. Paint thinner can only be used to flush the pumps. The flushing
liquid is not to go through the spray nozzles and onto the roadway.
D. All traffic paint marking not meeting these requirement shall be "touched-
up" and/or completely remarked to these standards and in accordance
rb\, with the drawings at Contractor's cost.
E. Where traffic buttons exist,the paint shall be applied to the pavement
adjacent to, but not on the buttons or markers, unless another method is
specified.
3.02 TESTING
A. When required,the Contractor shall pay for and provide a testing report to
the City performed by a local testing laboratory designated by the
Engineer. The report shall verify that the raw and finished materials,to be
supplied under this contract,meet the requirements of this specification.
These tests shall be paid for by the Contractor.
3.03 REJECTION
A. Materials and finished products which fail to meet any or all requirements
of these specifications shall be subject to rejection. All materials and
finished products rejected by the Engineer,whether in containers or
applied to the roadway surface, shall be removed from the job site and
replaced with materials meeting specifications and requirements and all
costs of such removal and replacement shall be borne by the Contractor.
END OF SECTION
10/02 02763-6
CITY OF PEARLAND WIRE FENCING
SECTION 02822
WIRE FENCING
1.0 GENERAL
1.01 SECTION INCLUDES
Constructing one line of fence supported on metal or wood posts in accordance with the
details and at the locations shown on the plans. The fence shall consist of barbed wire or a
combination of woven fence fabric and barbed wire as specified on the plans.
1.02 MEASUREMENT AND PAYMENT
A. Payment for fencing shall be on a linear foot basis for height noted.
B. Payment for gates shall be each.
C. Refer to Section 01200—Measurement and Payment for Unit Price Procedures.
D. Fencing will be measured by the linear foot of wire fence,measured at the bottom of
the fabric along the centerline of the fence from center to center of end posts,
excluding gates. Gates will be measured as each gate, complete in place.
E. The work performed and materials furnished in accordance with this Item and
measured as provided under"Measurement"will be paid for at the unit bid price for
"Wire Fence" of the type shown on the plans. This price shall be full compensation
for furnishing and installing all fencing materials (except gates); for all preparation,
hauling and installing of same; and for all labor,tools, equipment, and incidentals
necessary to complete the work, including excavation, backfilling, and disposal of
surplus material.
Gates measured as provided under"Measurement"will be paid for at the unit price
bid for"Gate" of the type,height, and opening shown on the plans. This price shall
be full compensation for furnishing all materials;for fabricating; for all preparation,
hauling, and erection; for all labor,tools,equipment, and incidentals necessary for a
complete in place gate installation.
1.03 SYSTEM DESCRIPTION
A. Fence height shall be as indicated on Drawings or as noted to match height of
existing.
B. Extension arms for barbed wire shall match existing.
C. Line Post Spacing shall not exceed 10 feet, or as shown on Drawings.
rvb
02822-1
06/03
CITY OF PEARLAND WIRE FENCING
rib\ 1.04 SUBMITTALS
A. Submit under provisions of Section 01350—Submittals
B. Shop Drawings: Indicate plan layout, spacing of components,post foundation
dimensions,hardware anchorage, and schedule of components.
C. Product Data: Provide data on fabric,posts, accessories, fittings, and hardware that
indicates that items match or exceed the quality of existing.
1.05 QUALIFICATIONS
Manufacturer: Company specializing in manufacturing the products specified in this Section
with minimum 3 years experience.
1.06 FIELD MEASUREMENTS
Verify that field measurements are as indicated on shop drawings.
2.0 PRODUCTS
2.01 MATERIALS
A. Metal Posts and Braces
Steel pipe used for posts and braces shall conform to the specifications of
ASTM A120. Steel sections used for posts and braces shall be a good commercial
quality weldable steel. All material shall be new and not used, rerolled or open seam
material will be acceptable. All posts and braces shall meet the weight and length
requirements shown on the plans. Galvanized steel sections shall conform to
ASTM A123. All posts and braces, except galvanized products, shall be painted with
an approved anti-corrosive paint and after installation all areas where the paint coat
has been damaged shall be spot-coated with paint of the same color as the shop coat.
No other painting will be required. All fittings required for posts and braces shall be
pressed or rolled steel, forged steel,malleable iron or wrought iron of good
commercial quality and shall conform to the details shown on the plans.
1. Metal Line Posts,Pull Posts, and Braces for Pull Posts
Metal posts and braces shall be "H"column,tubular, or any other approved
shape and shall be properly adapted to provide means for attaching the
fencing to the posts in a manner that will not damage the posts nor fencing
material. Metal line posts,pull posts and braces for pull posts shall each be of
the weight and dimensions shown on the plans. Line posts shall be provided
with tapered anchor plates securely attached thereto. The anchor plates shall
be of the area, size, and weight shown on the plans. The anchor plate may be
omitted provided the post is set in a concrete footing as shown on the plans.
02822-2
06/03
CITY OF PEARLAND WIRE FENCING
2. Metal Corner,End and Gate Posts
Metal corner, end and gate posts, and braces shall be any of the shapes
specified for line posts. Metal posts shall each be of the weight and
dimensions shown on the plans.
B. Untreated Wood Posts and Braces
Untreated wood posts and braces shall be cedar or mesquite of the length and size
shown on the plans and shall be cut from sound timber. Posts shall have a minimum
diameter as indicated on the plans and shall be approximately round, shall be trimmed
of all knots and knobs and shall be straight and relatively smooth. The posts shall be
free from defects such as injurious ring shakes,unsound or loose knots,splits or other
defects that might impair their strength and durability. Sound knots will be permitted
provided they are not in clusters and do not exceed one-third of the small diameter or
least dimensions of the posts. A line drawn from the center of each end of the post
shall not fall outside the center of the post at any point more than 2 inches. Braces
shall be similar to the regular posts and shall be notched in place. Other types of
braces, equal in strength and durability,may be used when approved by the
ENGINEER.
C. Treated Wood Posts and Braces
Treated wood posts and braces shall be pine or fir timber of the size and dimensions
shown on the plans. The timber shall be sound and free from all decay, shakes, splits,
or any other defects which would weaken the posts or braces or otherwise make them
structurally unsuitable for the purposes intended. The posts and braces shall be
round, square, or sawed rectangular shape. The slope of grain in sawed, square, or
rectangular posts for the full length shall not exceed one in ten and knots shall be
sound,tight,well spaced, and shall not exceed one-third of the small diameter or least
dimension of the post. A line drawn from the center of each end of the post shall not
fall outside the center of the post at any point more than 2 inches. All posts and
braces shall have a creosote,pentachlorophenol,ACA, or CCA treatment. Posts shall
be inspected at time of treatment. Round posts and braces shall be peeled to remove
all outer bark and inner cambium bark,except that occasional strips of bark may
remain if not over %2 inch wide or over 3 inches long. All knots shall be trimmed
flush with the sides, spurs, and splinters removed and the ends cut square. The
allowable taper from end to end of round posts and braces shall not exceed
1%2 inches.
D. Gates and Gate Posts
Gates and gate posts shall be of the materials and to the dimensions detailed on the
plans.
02822-3
06/03
CITY OF PEARLAND WIRE FENCING
(116
E. Barbed Wire
Barbed wire shall conform to ASTM A121, Class 1. The barbed wire shall consist of
two strands of 12Y2 gauge wire,twisted with two-point 14 gauge barbs spaced not
more than 5 inches apart, or may be as specified on the plans for high tensile wire.
F. Wire Mesh
Wire mesh fabric shall conform to ASTM A116, Class 1. The wire mesh shall be of
the height and design shown on the plans. The top and bottom wires shall be
10 gauge minimum and the intermediate wires and vertical stays shall be 12%2 gauge
minimum.
2.02 MISCELLANEOUS
Galvanized bolts, nuts, and washers for attaching braces and straps to metal posts and
suitable galvanized devices for holding barbed wire and wire mesh firmly in position shall be
of good commercial quality and design. Staples used to secure barbed wire and wire mesh
fabric to wood posts shall be not less than 1%2 inches long and the wire from which they are
made shall be galvanized.
A. Fence posts shall be spaced at the intervals and set in a vertical position to the depth
shown on the plans. Corner and pull posts shall be braced in two directions.
B. End and gate posts shall be braced in one direction. Where alignment changes
30 degrees or more, a corner posts shall be installed. At alignment angles varying
between 15 and 30 degrees,the angle post shall be braced to adjacent line posts by
diagonal tension wires.
C. Where steel posts are specified, a pull post assembly shall be installed at
approximately 500-foot intervals and where wood posts are specified the spacing of
pull post assembly shall be approximately 1,000 feet,unless otherwise shown on the
plans.
D. Metal line posts may be driven in place providing such driving does not damage the
posts. Metal corner, end,pull posts, and braces shall be set in portland cement
concrete footings crowned at the top to shed water.
E. All posts shall be placed the minimum depth below ground as shown on plans or as
directed by the ENGINEER. Posts shall be set plumb and firm to the line and grade
shown on the plans.
F. Backfilling shall be thoroughly tamped in 4-inch layers.
G. The timber post braces shall be notched as shown on the plans.
H. The corner, end, or angle post assembly shall be installed before stretching the wire
1 between line posts.
02822-4
06/03
CITY OF PEARLAND WIRE FENCING
rk\,
I. At all grade depressions where stresses tend to pull the posts out of the ground,the
fencing shall be snubbed or guyed at the critical point by means of a double 9 gauge
galvanized wire connected to each horizontal line of barbed wire or to the top and
bottom wire or wire mesh fabric, and to a deadman weighing not less than
100 pounds, buried in the ground as shown on plans.
J. The fencing shall be stretched before being snubbed and guyed.
K. Existing cross-fences shall be connected to the new fences and corner posts with
braces which shall be placed at junctions with existing fences.
L. The barbed wire and wire fabric shall be drawn taut and fastened to posts with
galvanized ties or staples as shown on the plans.
3.0 EXECUTION
3.01 INSTALLATION
A. Install chain link fence in accordance with the directions of the manufacturer and
these Specifications.
B. Install line fence posts at not more than 10-foot centers and concreted at least
36 inches by 12 inches diameter into the ground in a Class B concrete base. Allow
1111111. concrete to cure for at least 7 days before erecting remainder of fence. Fasten fabric
to line posts with wire ties spaced about 14 inches apart and to top rail spaced about
24 inches apart.
C. Use standard chain link fence stretching equipment to stretch the fabric before tying it
to the rails and posts. Repeat the stretching and tying operations about every
100 feet.
D. Erect gates so they swing or slide in the appropriate direction. Provide gate stops as
required. Secure hardware, adjust, and leave in perfect working order. Adjust hinges
and diagonal bracing so that gates will hang level. Adjust rollers and guides of
sliding gates so that gates are level.
E. At small natural or drainage ditches where it is not practical for the fence to conform
to the contour of the ground, span the opening below the fence with wire fastened to
stakes of required length. The finished fence shall be plumb,taut, and true to line and
ground contour. When directed, stake down the chain link fence at several points
between posts.
F. Where new fences join an existing fence, set a corner post and brace post at the
junction and brace as directed. If the connection is made at other than the corner of
the new fence the last span of the old fence shall contain a brace.
END OF SECTION
02822-5
06/03
CITY OF PEARLAND WOOD FENCING
SECTION 02823
WOOD FENCING
1.0 GENERAL
1.01 SECTION INCLUDES
Furnish and install solid picket fence with gates, as shown on PLANS.
1.02 MEASUREMENT AND PAYMENT
A. Payment for fencing shall be on a linear feet basis for height noted.
B. Payment for gates shall be per unit of each.
C. Refer to Section 01200—Measurement and Payment for Unit Price Procedures.
2.0 PRODUCTS
2.01 MATERIALS
A. Wood: Western Red Cedar.All members to be straight, sound, with tight knots.
r°1' B. Hardware
1. Gate hinges, drop rods (one in each gate section) and other gate hardware to
be hot-dip galvanized 2.0 ounces minimum per square foot of surface. All
gate hardware to be heavy type.
2. Nails for fence pickets to be aluminum alloy, screw type. All other nails to
be galvanized.
3. Bolts, nuts, and washers to be galvanized.
4. Barbed wire to be zinc coated(galvanized) steel,ASTM 121-77 No. 121/2
W&M gage wires,4-point barbs of 14-gage wire at 5-inch maximum spacing.
Zinc coating to Class 2 requirements (0.5 ounce minimum per square foot of
wire surface).
C. Pickets: To be 1-inch by 8-inches or 1-inch by 10-inches.
D. Posts:To be 4-inches by 6-inches, S4S, with 8-pound penta treatment. Bottom 3
feet of posts to be set in Class A concrete, with minimum cover of wood to be 4
inches. Top of posts to extend above top of pickets as required for bolted attachment
of 2-inches by 4-inches, 45-degree guard arms (extending out). Concrete to be
crowned at top to shed water. Spacing of posts to be 5 feet on centers maximum.
E. Guard Arms:To be 2-inches by 4-inches, S4S, at 45 degrees, extending out, proper
length for 3-barbed wire guard, top wire approximately 12 inches above top and 12
06/03 02823-1
CITY OF PEARLAND WOOD FENCING
inches outside of pickets. Arms to be bolted to top of posts with 2-3/8-inch
galvanized carriage bolts.
F. Gates: To be double swing, 14-foot clear opening, all bolted construction.Frames to
be 2-inches by 6-inches minimum, S4S, well braced,with metal straps and hardware
as required for sturdy construction. Each gate section to have a drop rod with
receptacle in concrete (at ground level). Gate to have heavy, bolted on,hinged hasp
and staple for lock. Lock to be furnished by Owner.
G. Horizontal Rails: Furnish 3 horizontal rails, 2-inches by 4-inches, S4S, with 2-inch
by 4-inch by 6-inch support cleats at each end.
3.0 EXECUTION
3.01 INSTALLATION
Install post,fence, gates and accessories to grade and limits as shown on PLANS.
END OF SECTION
06/03 02823-2
CITY OF PEARLAND FENCING REMOVAL
SECTION 02824
FENCING REMOVAL
1.0 GENERAL
1.01 SECTION INCLUDES
A. Removal of existing fencing and gates.
B. Disposal or reinstallation of existing fencing and gates at a difference location.
1.02 MEASUREMENT AND PAYMENTS
A. Measurement for fencing shall be made by the lump sum, including gates.
B. Payment shall be made at the contract unit price bid per lump sum.Payment shall include all
labor,equipment,and new materials necessary for removal and disposal and/or reinstallation,
and/or salvage including new gates necessary to complete the work.
C. Refer to Section 01200—Measurement and Payment for Unit Price Procedures.
1.03 SUBMITTALS
Submittals shall conform to requirements of Section 01350—Submittals.
2.0 PRODUCTS
2.01 MATERIALS (NOT USED)
3.0 EXECUTION
3.01 CONSTRUCTION METHODS
A. Fencing which is not be reinstalled shall be removed from the site and disposed of by the
Contractor. All holes left as a result of post removal,if in an area not to receive roadway
construction, excavation or fill, shall be filled and tamped with dirt to the elevation of
natural ground. The Contractor shall provide the dirt.
B. When a chain link fence is to be reinstalled it shall be installed in accordance with the
Section, "Chain Link Fences and Gates".When barbed wire fence is to be reinstalled, it
shall be reinstalled in accordance with the Section, "Wire Fencing".When wood fencing
is to be reinstalled, it shall be reinstalled in accordance with the Section, "Wood Fencing".
C. When an existing fence is to be reinstalled, it shall be reinstalled with the same post
spacing as the original, or as otherwise directed by the Engineer.
D. If a wood fence is to be reinstalled, it shall be with new galvanized nails.
09/03 02824-1
CITY OF PEARLAND FENCING REMOVAL
E. If a barbed wire fence is to be reinstalled, it shall be with galvanized staples.
rul'' F. If a chain link fence is to be reinstalled, it shall be with new galvanized pig rings or wire
clips.
G. All new gates shall be as shown on the plans, or as directed by the Engineer
END OF SECTION
rill*
09/03 02824-2