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R2011-050 - 2011-04-25ATTEST: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR THE INSTALLATION OF ADAPTIVE TRAFFIC SIGNAL IMPROVEMENTS BETWEEN KIRBY DRIVE AND FM 1128. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City received sealed proposals for the installation of Adaptive Traffic Signal Improvements, and such proposals have been reviewed. Section 2. That the City Council hereby awards the bid to Siemens Industry, Inc., in the amount of $412,000. Section 3. The City Manager or his designee is hereby authorized to execute a contract for the installation of Adaptive Traffic Signal Improvements between Kirby Drive and FM 1128. PASSED, APPROVED and ADOPTED this the 25 day of April, A.D., 2011. Y NG ,s��RFING, RETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY RESOLUTION NO. R2011 -50 TOM REID MAYOR ,,,,,U ITY OP PCdRIAND Bond No. 82286032/9051919M ONE-YEAR MAINTENANCE BOND Section 00612 ONE-YEAR MAINTENANCE BOND STATE OF TEXAS § COUNTY OF BRAZORIA § KNOW ALL MEN BY THESE PRESENTS: That Siajuns Industry, Inc. of the City of . Bu.fao Grove, County of Lake , and State of Texas, as principal, and federal Insurance Canpany & authorized under the laws of the State of Texas to act as surety on bons for principals, are held and firmly bound unto City of Penrland as Obligee (Owner), in the penal sum of $, 412 ,OCO.00 for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered Into a certain written contract with the Owner, effective as oldie 5 day of Kw , 2011 , (the "Contract") to commence and complete the construction of certain improvements described as follows: Adaptive Traffic Signal Improvements FM 5I8 (Kirby Dr - Sunrise Lakes Dr) City of Pearland, Texas BID NO.t 0311-17 which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully correct all such work not in accordance with the Contract Documents discovered within the one-year period from the date of substantial completion, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and Ali liabilities on this bond shall bo determined in accordance with the provisions of said Statute to the same extent as if It were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. * Fidelity and Deposit Company of Maryland 07/2006 00612 - 1 of 2 CITY OP PEA RLAND ONE-YEAR MAINTENANCE BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 9 day of . January ,20 12. Principal: Siemens Industry, By: / a _ lr Title:. 11/4'•LLY M • lb COUNSEL Address: 1000 Deerfield Parkway , 990 Bldg. Buffalo Grove, IL 60069 Telephone: 732-476-3580 Fax: 132--590-2578 Surety: Federal Insurance Canpany Fidelit Address: 15 Maintain View Road; Warren, NJ 07059 & 1400 M rican Lane, Schaunbirg, IL 60196 Telephone: 90S-903-3493 & 847-€05-6000 Fax; 908-903-3656 NOTICE: TUE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL-FREE TELEPHONE NUMBER; 1-800-252-3439. END OF SECTION 0712006 00612.2 of 2 Chubb Surety CHUBB POWER Federal Insurance Company Attn: Surety Department OF Vigilant Insurance Company 15 Mountain View Road ATTORNEY Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Aiza Lopez, Jeannette Porrini and Stacy Rivera of Hartford, Connecticut --- --- each as their true and lawful Attorney- in- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this Sth day of October, 2011. Kenneth C. Wen.el, Assistant Secretary B. Norris, Jr., Vice President STATE OF NEW JERSEY County of Somerset </ On this Sth day of October, 2011 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the cornpanies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duty sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals mixed to the foregoing Power of Attomey are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority, and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David B. Norris, Jr., subscribed to said Power of Attorney is in the genuine handwriting of David B. Norris, Jr., and was thereto subscribed by authority of said By - Laws and in deponents presence. Notarial Seal ss. �UBUG 61WJERS / CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: 'All powers of attomey for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of die Company may be affixed by facsimile to any power of attomey or to any certificate relating thereto appointing Assistant Secretaries Of Attorneys- in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the 'Companies') do hereby certify that (i) the foregoing extract of the By- Laws of the Companies is true and correct, (u) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed in Puerto Rico and the U.S. Virgin Islands, and Federal is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this 9 day of January 2012 KATHERINE J. ADELAAR NOTARY PUBUC OF NEW JFRSF1 Nc'. 2316685 Commission Expire* July 16, 2014 Notary Public Kenneth C. Wedel, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656 e-mail: surety@chubb.com Form 15-10- 0225B- U (Ed. 5- 03) CONSENT Form 15-1 O-c313A ( ev. 3111) ,._ FEDERAL INSURANCE COMPANY STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS • Statutory Basis • DECEMBER 31, 2010 . • (in thousands of dollars) • ' • LIABILITIES • . AND ASSETSSURPLUS TO POLICYHOLDERS Cash and Short Terni Investments $ 235,579 Outstanding Losses and Loss Expenses $ 12,051,257 United States Govemment, State and Unearned Premiums 3,331,654 Municipal Bonds._ 10,931,173 Ceded Reinsurance Premiums Payable 329,476 Other Bonds • 4,110,731 Provision for Reinsurance . • 70,491 Stocks 837,803 Other Liabilities 962,493 Other Invested Assets 1,909,914 . TOTAL INVESTMENTS 18,025,200 TOTAL LIABILITIES 16,745,371 Investments in Affiliates: • Special Surplus Funds 174,400 Chubb Investment Holdings, Inc 3,002,346 Capital Stock 20,980 Pacific Indemnity Company 2,424,142 • Paid -In Surplus • 3,106,808 Chubb Insurance Investment Holdings Ltd.._ 1,275,789 Unassigned Funds• 11,015,075 Executive Risk Indemnity Inc 1,111,774 CC Canada Holdings Ltd • • 752,455 Great Northern Insurance Company 459,252 SURPLUS TO POUCYHOLDERS 14,317,263 Chubb Insurance Company of Australia Limited 313,107 . Chubb European Investment Holdings SLP... 234,636 Vigilant Insurance Company 212,646 • Other Affiliates 381,791 Premiums Receivable 1,441,826 Other Assets 1,427,670 TOTAL UABILITIES AND SURPLUS . TO POUCYHOLDERS $ 31,062,634 TOTAL ADM! I I LU ASSETS $ 31,062,634 Investments are valued in accordance with requirements.of the National Association of Insurance Commissioners. Investments with a carrying value of $452,427,638 are -deposited with government authorities as required by law. ' State, County & City of New York, - ss: . Yvonne Baker, Assistant Secretary' • of the Federal Insurance Company being duly swom, deposes and says that the foregoing Statement of Assets, Uabiliities and Surplus to Policyholders of said Federal Insurance Company on December 31, 2010 is true and correct and is a true abstract of the Annual Statement of said Company as filed with the Secretary of the Treasury of the United States for the 12 months ending December 31, 2010. Subscribed and swom to before me this • / ( / DOROTHY A4 BAKER Assistant Secretary LXa Notary Public, State of New York X4 Notary Public No. 31-4904994 . Qualified in New York County Commission Expires Sept 14, 2013 J Form 15-1 O-c313A ( ev. 3111) Policyholder Information Notice IMPORTANT NOTICE To obtain information or make a complaint: AVISO IMPORTANTE Para obtener information o para someter una queja: You may call Chubb's toll-free telephone number Usted puede llamar al numero de telefono gratis for information or to make a complaint at de Chubb's para information o para someter una queja al 1-800-36-CHUBB 1-800-36-CHUBB You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to. obtain information on companies, Seguros de Texas para obtener information acerca coverages, rights or complaints at de compaiilas, coberturas, derechos o quejas al 1-800-252-3439 You may write the Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute conceming your premium or about a claim you should contact the agent 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. Form 99-10.0299 (Rev. 1-08) 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas P.O. Box 149104 Austin, TX 78714-9104 FAX # (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concemiente a su prima o a un reclamo, debe comunicarse con el agente primero. Si no se resueve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de information y no se convierte en parte o condition del documento adjunto. Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the S • aryland, by FRANK E. MARTIN JR., Vice President, and GERALD F. HALEY, Assistant Secretary, in • , Y ity granted by Article VI, Section 2, of the By -Laws of said Companies, which are set forth e hereby certified to be in full force and effect on the date hereof, does hereby nom + 7:� • a• • • i ( RINI, Stacy RIVERA and Aiza LOPEZ, all of Hartford, Cu fir% ` • 1�f y i•ih'-. nt and Attorney -in -Fact, to make, execute, seal and deliver, for, and on i • . d t�v ' .. • . any and all bonds and undertakings, and the execution of such bonds • • •;+ .� u ry :�a•r encs, shall be as binding upon said Companies, as fully and amply, to all in - �/ • '•�;• • : es, . .' • u y executed and acknowledged by the regularly elected officers of the Company at i o e in B.• . d, eir own proper persons. This power of attorney revokes that issued on behalf of Jeannette P e : i f • ERA, dated December 29, 2009. The said Assistant . does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 9th day of November, A.D. 2011. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY ZdtOt <� By: Gerald F. Haley Assistant Secretary Frank E. Martin Jr. Vice President State of Maryland ss: City of Baltimore f On this 9th day of November, A.D. 2011, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came FRANK E. MARTIN JR., Vice President, and GERALD F. HALEY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. POA -F 142-0587A �,p rti cir c,Z a Constance A. Dunn Notary Public My Commission Expires: July 14, 2015 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the respective By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 9 day of January , 2012 Assistant Secretary FIDELITY AND DEPOSIT COMPANY OF MARYLAND 600 Red Brook Blvd., Suite 600, Owings Mills, MD 21117 Statement of Financial Condition As Of December 31, 2010 ASSETS Bonds $ 167,717,443 Stocks • 23,571,636 Cash and Short Tem Investments 250,663 Reinsurance Recoverable... 478,827 Other Accounts Receivable 44,516,527 TOTALADMIh Iry ASSETS $ 236,535,096 ' y _ LIABILITIES, SURPLUS AND OTHER FUNDS Reserve for Taxes and Expenses $ 225,295 Ceded Reinsurance Premiums Payable 39,963,782 Sectuities Lending Collateral Liability 3,077,700 TOTAL LIABILITIES $ 43,266,777 Capital Stock, Paid Up $ 5,000,000 Surplus I88,268,319 Surplus as regards Policyholders 193,268,319 TOTAL $ 236,535,096 Securities carried at $45,648,865 in the above statement are deposited as required by law. Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of December 31, 2010 market quotations for all bonds and stocks owned, the Company's total admitted assets would be $245,239,534 and surplus as regards policyholders $201,972,757. I, DENNIS F. KERRIGAN, Corporate Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing statement is a correct exhibit of tui assets and liabilities of the said Company on the 31st day of December, 2010. \ State of lllinois City of Schaumburg } SS: orporate Secretary Subscribed and sworn to, before me, a Notary Public of the State of Illinois, in the City of Schaumburg, this 3Ist day of March, 2011. OFFICIAL SEAL DARRYL JOINER Notary Public - State of Illinois My Commission Expires May 3, 2014 Notary Public .Fidelity and Deposit Company of Maryland Home Office: P.O. Box 1227, Baltimore, MD 21203-1227 IMPORTANT NOTICE To. obtain information or make a complaint: You may call the Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, and/or Zurich American Insurance Company's toll-free telephone number for information or to make a complaint at: . 1-800-654-5155 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, TX 78714-9104 FAX # (512) 475-1771 PREMPf.JM OR CLAIM DISPUTES: Should you have a dispute concerning the premium or about a claim, you should first contact Fidelity and DepositCompany of Maryland or Colonial American Casualty and Surety Company. 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. SSS43ttTx) (08/01) } SIEMENS Industry Andrea Broughton, Name Christy Peebles Traffic Engineer Department I MO TS US Management 3523 Liberty Drive, Mobility Division Pearland,TX 77581 Telephone +1.512.837.8434 Fax +1,512.837.0196 Attention: Ms.Andrea Broughton Mobile +1.817.307.9947 E-mail christy.peebles@siemens.com Our reference Bid No:0311-17 Adaptive Traffic Signal Improvements—Scope of work Date April 8,2011 Mobility Division,Traffic Solutions Dear Ms.Broughton, Siemens Industry, Inc., Mobility Division,Complete Transportation, Intelligent Traffic Solutions(hereinafter referred to as"Siemens ITS"),is pleased to submit this summary of our scope work regarding the award of Bid No:0311-17 for City of Pearland for Adaptive Traffic Signal Improvements. ii Siemens ITS will be installing our state of the art Adaptive Control Traffic Management software,ACS-Lite which we developed with the FHWA.This will be installed on 13 intersections within the City of Pearland.This will be used along the FM 518 corridor from Kirby Drive to FM 1128.This software will monitor the existing traffic conditions and make adjustments to reduce traffic congestion. Detection hardware for this corridor management will be accomplished by using existing and new Video detection cameras.Additional existing intersection hardware will be upgraded to accomplish this task.The current older model controllers will be replaced with our new state of the art rn50 controllers. Additional network hardware will be added in each cabinet to facilitate this.Communications for this system will be over a Motorola canopy system operating wireless at 5.8GHz.This radio system will communicate between each ACS- Lite location and the corresponding tower.This information will be relayed back to City of Pearland's Traffic Management Center through our wireless backhaul system.This overall configuration,in addition to the monitoring of any potential future intersections will be paired with our Central traffic control software,Tactics.Tactics is a modular, full featured traffic control software designed to grow with the City of Pearland. This and the ACS-Line software will be installed on a server which will be located at your Traffic signal shop. The cost of the overall project currently stands at$412,000.This includes install of hardware,software,configuration of the overall system to meet the existing and future demands of the City of Pearland. Siemens is very excited to work with the City of Pearland on this project and is available to answer any potential questions you may have. Siemens industry,Inc. A Siemens Industry Business, Tel.:512.837.8310 8004 Cameron Road Mobility Division Fax:512.837.0196 Austin TX 78754 www:itssiemens_com SCF DL2008.09 Page 1 of 1 { f r, • i3 SIEMENS Letter of April8,2011 to Ms.Andrea Broughton,Traffic Engineer Scope of work to the City of of Pearlend RFP • With kind- ards, Enclosures I - i Christy Peeb es General Manager SCF OL2008.O8 Page 2 of 2 3 BASE BID ITEMS: ACS-Lite/TACTICS with Video Detection Adaptive Traffic System hardware and software for all intersection locations and TACTICS Central System and ACS-Lite Servers complete in place (location TBD by City), complete in place the sum of One Hundred Forty Eight Thousand One Hundred Forty Six Dollars& 1 13 INT No Cents $11,396 $148,146 Video detection system hardware and software, complete in place, the sum of One Hundred Fifty Nine Thousand 2 9 INT Eight Hundred Eighty Five Dollars& No Cents $17,765 $159,885 Motorola Wireless ethernet communication system with access point, complete in place, the sum of Sixty Nine 3 10 INT Thousand Eight Hundred Fifty Seven Dollars& No Cents $6,985.69 $69,857 All TACTICS and ACS-Lite Training with 3 Years of Basic Priority Support* Thirty Four Thousand One Hundred Twelve Dollars& No 4 1 LS Cents $34,112 $34,112 Bidder's *refer to proposal for more details Initials: 00300-Exhibit A Bid NO 0311-17-Adaptive Tra is Improvements Project Competitive Sealed Bid Proposal Evaluation Summary Rhythm Siemens Criteria Source Scoring Procedure Score Factor Total Engineering 1 Base Proposal Proposal Offeror to submit their Competitive Sealed 45 1 45 38 45 Form Proposals on the forms included in the Project Manual.If alternates are proposed,mark-up base-bid with reduction to base bid amount for proposed alternates. Low Price=45 pts. For subsequent Offeror's,the low Offeror price shall be divided by the Subsequent Offeror's price to get a percentage(factor)that is multiplied by the score to get the total. 2 Project Proposal The Project Plan or Approach proposed: 30 1 30 18 22 Approach Information a.Quality and clarity of Offeror's workplan; b.Extent to which the goods and services meet the City's needs; c.Offeror's schedule; d.Service Resources. Responses are scored as follows: Excellent=30 pts;Very Good=20 pts;Average=15 pts; Fair=10 pts;Poor=0 pts. 3 Past References, City of Pearland Officials are asked to rate the 5 1 5 3 4 Relationship Qualification contractor. with City of Statement Responses are scored as follows: Pearland Excellent=5 pts;Very Good=4 pts; Average=2 pts;Fair=1 pts;Poor/No past relationship=0 pts. Points for multiple references are averaged. 4 Offeror Qualification Offeror will be evaluated on the following: 20 1 20 Qualification Statement a. Reputation; b. Demonstrated knowledge of local conditions; c. Assigned Project Manager. Responses are scored as follows: Reputation: Excellent=5 pts;Very Good=4 pts; 3 4 Average=2 pts;Fair=1 pts;Poor=0 pts. Demonstrated knowledge of local conditions: Excellent=10 pts;Very Good=8 pts; 6 8 Average=5 pts;Fair=2 pts;Poor=0 pts. Assigned Project Manager: Excellent=5 pts;Very Good=4 pts; 3 3 Average=2 pts;Fair=1 pts;Poor=0 pts. Total Possible Score 100 100 71 86 SIEMENS Industry Ms.Young Lorfing,TRMS Name Christy Peebles City Secretary Department I MOTS US Management City Secretary Office Mobility Division 3519 Liberty Drive Telephone +1.512.837.8484 Pearland,TX 77581 Fax +1.512.837.0196 Mobile +1.817.307.9947 E-mail christy:peebles@siemens.com Attention: Ms.Young Lorfing Our reference Bid No:0311-17 Adaptive Traffic Signal Improvements • Date March 28,2011 Mobility Division,Traffic Solutions Dear Ms. Lorfing, Siemens Industry, Inc., Mobility Division, Complete Transportation, Intelligent Traffic Solutions(hereinafter referred to as"Siemens ITS"), is pleased to submit this Proposal to the City of Pearland in response to Pearland's Adaptive Traffic Signal needs. While our proposed solution may not be in strict compliance with the requirements, it clearly meets the needs of your operation. We would be happy to discuss this in detail at your convenience. The Siemens team provides Pearland a wealth of applied research in adaptive technology and traffic management. Siemens understands the requirements of Pearland's request and believes that we have a superior solution that will address the underlying needs of the City. Siemens has deployed more adaptive traffic control systems worldwide than any other company. Our focus has always been to deliver a solution that is right for the customer-a solution that is very reliable,full-featured, and delivers performance along with safety. Over the past 40 years, Siemens has delivered over 300 fully operational traffic signal control systems in the U.S and over 120 adaptive traffic control systems worldwide. Our experience in adaptive solutions includes SCOOT,ACS-Lite, RHODES, and MOTION. Siemens is offering Pearland a complete traffic management solution. This solution includes the ACS-Lite adaptive system, and our state-of the art TACTICSTM central control system. This combination will allow the City to manage not only FM518, but provide a foundation to manage citywide traffic. We will also propose two options for advanced detection;video detection as required by the RFP, and a more cost effective and operationally superior Sensys dectection system. Finally, given the cost savings provided with the Sensys system,this optional solution will include extended onsite customer service to assist Pearland in realizing the benefits of this system. At the cost of adding an advanced detection system, our proposal provides Pearland with: • A complete Advanced Traffic Management System(ATMS) to be the foundation for citywide traffic management • The most reliable detection system possible • The confidence that comes from onsite technical support beyond commissioning and training • A proven, fielded,and supported system with future expansion capabilities • The security of a system backed by 160 years of Siemens experience Siemens Industry,Inc. A Siemens Industry Business, Tel.:512.837.8310 8004 Cameron Road Mobility Division Fax:512.837.0196 Austin TX 78754 www.itssiemens.com SCF DL2008-09 Page 1 of 2 SIEMENS Letter of March 28,2011 to Ms.Young Lorfing,City Secretary Letter in response to the City of of Pearland RFP The enclosed proposal describes Siemens'qualifications and program approach to delivering a world-class traffic adaptive control system tailored to meet the needs of Pearland. The proposal provides technical details of the solution, experience and qualifications, and pricing. Based on the City's request to provide our solution as opposed to the specific RFP, we are unable to accept the terms that require we accept and sign the Section 500 Standard Form of Agreement and that our Bond will be forfeited otherwise,we do look forward to discussing, negotiating and providing our industry accepted and tested solution to Adaptive Traffic Control. Mr. Cameron Cooper will be the Siemens ITS point of contact for this effort. He may reached by telephone at 512-496- 3611 or by email at cameron.cooper@siemens.com. With kin e ds, Enclosures Christy Peebles General Manager I , SCF DL2008-09 Page 2 of 2 CITY OF PEARLAND BID PROPOSAL Section 00300 BID PROPOSAL Date: March 25,2011 Siemens Industry, Inc., Mobility Division, Complete Bid of Transportation, Intelligent Traffic Systems , an individual Troprietorship/a corporation organized and existing under the laws of the State of Te /a partnership consisting of , for the construction of: Adaptive Traffic Signal Improvements FM 518 (Kirby Dr - Sunrise Lakes Dr City of Pearland,Texas BID NO.: 0311-17 (Submitted in Duplicate) To: The Honorable Mayor and City Council of Pearland City of Pearland 3519 Liberty Drive Pearland,Texas 77581 Pursuant to the published Invitation to Bidders, and Instructions to Bidders, the undersigned Bidder hereby proposes to do all the work and furnish all necessary superintendence, labor, machinery, equipment, tools and materials, and whatever else may be necessary to complete all the work described in or reasonably inferable from the Contract Documents for the construction of the Adaptive Traffic Signal Improvements with all related appurtenances, complete, tested, and operational, in accordance with the Plans, and Specifications prepared by the City of Pearland. It is understood that, in the event any changes are ordered on any part of the Work, the applicable unit prices bid shall apply as additions to or deductions from the total prices for the parts of the Work so changed. The Bid Security required under the Instructions to Bidders is included with this Bid Proposal. The Bidder agrees to submit to the Owner the Qualifications of Bidder, including the Financial Statement of Bidder, as required by the Instructions to Bidders if requested to do so as a condition of the Bid review. The Bidder binds himself, upon acceptance of his proposal, to execute the Standard Form of Agreement and furnish a Performance Bond and a Payment Bond, each in the amount of one hundred percent (100%) of the total Contract Price, according to. the forms included in the Contract Documents, for performing and completing the said work within the time stated and for the prices stated in Exhibit"A" of this proposal. The undersigned Bidder agrees to commence work within 10 (ten) days after the date of a written notice to commence work. It is understood that the Work is to be Substantially Complete within 60 (sixty) days after the date of the notice to commence work. Time for Substantial Completion shall begin on the date established by the notice to commence work. The Contractor will pay Bidder's Initial's: CIIP 06/2008 00300-1 of 2 ADDENDUM#1 i ffi . CITY OF PEARLAND BID PROPOSAL liquidated damages in the amount(s) specified in Document 00500—Standard Form of Agreement in the event the Work is not Substantially Complete in this time limit. It is agreed that the Contract Price may be increased or decreased to cover work added, altered, or deleted by order of the Engineer, in accordance with the provisions of the General Conditions of Agreement. The undersigned agrees that the amounts bid in this Bid Proposal will not be withdrawn or modified for sixty(60) days following date of Bid Proposal opening, or such longer period as may be agreed to in writing by the City of Pearland and Bidder. It is understood that in the event the Successful Bidder fails to enter into the Standard Form of Agreement and/or to furnish a Performance Bond and Payment Bond, each in the amount of one hundred (100) percent of the Contract Price, within ten (10) days of the Notice of Award, the Successful Bidder will forfeit the Bid Security as provided in the Instructions to Bidders. Unless otherwise expressly provided herein, all references to "day(s)" shall mean calendar day(s). The following Addenda have been received. The modifications to the Bidding Documents noted therein have been considered and all costs thereto are included in the Bid Proposal prices. Addendum No.: 1 Date: 3/15/2011 Addendum No.: 3 Date: 3/18/2011 Addendum No.: 2 Date: 3/16/2011 Addendum No.: 4 Date: 3/21/2011 Bidder hereby represents that the only person or parties interested in this offer as principals are those named above. Bidder has not directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding. Siemens Industry, Inc., Mobility Division, Complete Firm Name: Transportation, Intelligent Traffic Systems By: Christy Peebles Title: Business Unit Manager Address: 8004 Cameron Road,Austin,Texas 78754 Phone No: 512-837-8447 ATTEST: Christy Peebles (Seal,if Bidder is a Corporation) (Typed ed Name) Signature See attached Delegation of Authority Date: March 25, 2011 END OF SECTION Bidder's Initial's: 06/2008 00300- of 2 ADDENDUM#1 ACKNOWLEDGEMENT OF APPOINTED SIGNATURE AUTHORITY AND BY DELEGATION OF AUTHORITY FROM PRESIDENT OLIVER HAUCK AND VICE PRESIDENT, FINANCE AND BUSINESS ADMINSTRATION MARTIN SCHULTZ SIEMENS INDUSTRY, INC.--MOBILITY DIVISION A. We, the undersigned, Oliver Hauck, President and Martin Schultz, Vice President, Finance and Business Administration of the Mobility Division of Siemens Industry, Inc. (the "Corporation") a corporation duly organized and existing under the laws of the State of Delaware, by virtue of the authority vested by the Board of Directors of Siemens Industry, Inc. and in accordance with the By- Laws of the Corporation and the laws of said State, do hereby acknowledge that the following employees are appointed and are hereby authorized to sign or countersign and otherwise execute in the name, or on behalf of the Mobility Division of the Corporation, any bids, proposals, bonds, releases and waivers of liens, and any certificates, affidavits, or ancillary documents in connection therewith; any licensing qualification or registration filings, returns, certifications or questionnaires; any contracts, leases, agreements, guarantees and any certificates, affidavits, or ancillary documents in connection therewith, up to and including a transactional limit of$10,000,000.00; and any releases, compromises or settlements in connection with claims or disputes arising out of any such transaction; and to file, release, respond to, settle or compromise any actions or proceedings by or against the Corporation including, by not limited to signature'of any certificates, affidavits or ancillary documents in connection therewith, up to and including a transactional limit of $10,000,000.00: AUTHORIZED SIGNATORIES Name Title Juergen Wilder Vice President, Rolling Stock Christopher Halleus Vice President, Finance and Business Administration, Rolling Stock Gert Seidel Vice President, Rail Automation Marsha Smith Senior Director, Finance and Business Administration, Rail Automation Thomas Bayer Vice President, Infrastructure and Logistics Michael Dawid Senior Director, Finance and Business • Administration, Infrastructure and Logistics Terry Heath Vice President, Complete Transportation Mario Mattern Senior Director, Finance and Business Administration, Complete Transportation B. We further acknowledge that each of the persons referred to herein is authorized to delegate such person's authority hereunder to additional members of his or her management team up to the limit of such person's delegation of authority, provided that such delegation is in written form signed by the delegator; approved in writing by the applicable regional superior; and filed with the Legal Department. C. We further acknowledge that each of the signatures of the persons referred to in paragraphs A through E, inclusive, are binding upon the Corporation. • • 10-01-09 1 of2 ' 3 D. We further acknowledge that any document executed for an amount greater than any limit { designated herein shall require the signature of two of the Officers of which one shall have the requisite signature authority, to be legally binding upon the Corporation. E. We further acknowledge that the Secretary or an Assistant Secretary of the Corporation is authorized to issue certifications attesting to the incumbency, authority and status of any of the persons referred to in this resolution. IN WITNESS WHEREOF, We have hereunto subscribed our names and affixed the corporate seal of the said Corporation, on this_3rd day of January 2011. Oliver Hauck 1711 President Siemens Industry, Inc., Mobility Division Martin Schultz Vice President& Finance and Business Administration Siemens Industry, Inc., Mobility Division 10-01-09 2 of 2 DELEGATION OF SIGNATURE AUTHORITY SIEMENS INDUSTRY,INC, I,the undersigned,Terry Heath,Vice President,Complete Transportation,of the Mobility Division of Siemens Industry, Inc. (the"Corporation")a corporation duly organized and existing under the laws of the State of Delaware,by virtue of the authority vested in me.as Vice President to sign or countersign and otherwise execute in the name,or on behalf of the Corporation,.any bids,projects,contracts, agreements and any certificates,affidavits or ancillary documents in connection therewith for and on behalf of the Corporation,do hereby delegate to and acknowledge that the following person(s)may exercise such authority for and on my behalf up to $3 million. Name(s): Christy Peebles I further designate and acknowledge that the signature of the person referred to above, is binding upon the Corporation in the above identified circumstances and shall have the same force and effect as would my signature. Dated: I� \ 3 2. Signature Terry Heath Vice President,Complete Transportation Siemens Industry,Inc. • • PAGE 2 QUALIFICATION STATEMENT QUALIFICATION STATEMENT TO BE COMPLETED AND SUBMITTED WITH THE BID: Submitted to: The City of Pearland Siemens Industry, Inc.,Mobility Division,Complete Transportation, (Business Name)By: Intelligent Traffic Solutions Principal Office: Austin,Texas Address: 8004 Cameron Road,Austin,Texas 78754 Phone Number: 512-837-8310 Fax Number: 512-837-0196 The signatory of this questionnaire guarantees the truth and accuracy of all statements and of all answers to interrogatories hereinafter made. 1. How many years has your organization been in business as a general contractor under your present business name? 18 months 2. How many years experience in this type of construction work has your organization had: (a) as a general contractor? 85 years 85 years (b) as a subcontractor? 3. What projects has your organization completed? Contract Name of Brief Project When Name/Address Amount Project Description Completed Phone No. of Owner Kevin Newton,Traffic Engineer,Anne Arundel County,Maryland,44 Calvert, $135k* Riva Road Arterial in Anne Arundel, Maryland ACS-Lite Deployment December 2010 Anapolis, MD 21401 410-222-7331 Kirk Houser,Traffic Engineer, City of Tyler,Texas,423 W.Ferguson, Tyler,TX 75702,903-531-1201 $180k* South Broadway in Tyler,Texas ACS-Lite Deployment June 2008 y City of Pickerington,Ohio,Scott Seaman, Traffic Services Manager,W.E.Stilson Consulting Group, 355 E.Campus View Rd., $120k* Hill Rd. (SR 256) in Pickerington,OH ACS-Cite Deployment May 2009 _ Columbus,OH 43235 614-847-4670 *These amounts are for the ACS-Lite portion of the project and do not include additional project costs. PAGE 3 QUALIFICATION STATEMENT 4. Have you ever failed to complete any work awarded to you? No If so, where and why? 5. Have you completed any projects within a 10-mile radius of this project? No If so, when, where, what? • - 6. The work, if awarded to you,will have the personal supervision of whom? Del Nichols,Project Manager a. For Administrative Manag Del Nichols, Project Manaerement? � g b. For Construction Superintendence? Del Nichols, Project Manager • c. What experience does the designated construction superintendent have in this type of work? Project Manager Del Nichols has 30+years in project management experience. • 7. What portions of the work do you intend to sublet? List the names of potential subcontractors with which you have sublet this type of work before or intend to sublet the work to, include the Project Manager associated with the potential subcontractors. Iteris -Installation of video equipment:Nadar Ayoub, PE, Project Manager • 1 PAGE 4 QUALIFICATION STATEMENT 8. What equipment do you own that is available for the proposed work? What equipment do you lease that is available for the proposed work? (Provide leasing agent contact information) Quantity Item Description,Size Condition Service Location Capacity,Etc. Siemens ITS owns all necessary equipment needed to adequately complete this project. • • • • 9. Do you have adequate bonding capacity to provide a performance bond and a labor and material -payment bond for this project? What is your available bonding capacity? Yes, Siemens can adequately fulfill the bonding requirements for this proposal. 10. List the Construction Projects your organization has underway on this date followed by Construction Projects your organization has been awarded but construction has not yet begun. Contract Type Percent NamelAddress/Phone Number Engineer Contact/ Amount of Work Completed of Owner or Contracting Officer Phone Number • Siemens as a global enterprise has many on-going and awarded projects. We have provided the relevant project experience within this proposal. We would be happy to discuss any of our projects'on-going worldwide at your request. • • • : y THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Siemens Industry, Inc. 8004 Camerona Road,Austin, TX 78754 as Principal, hereinafter called the Principal, and Federal Insurance Company 15 Mountain View Road, Warren, NJ 07059 a corporation duly organized under the laws of the State of IN as Surety, hereinafter called the Surety, are held and firmly bound unto City of Pearland,Texas 3519 Liberty Drive, Pearland,TX 77581 as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid Dollars ($ 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors,administrators,successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the Principal has submitted a bid for Adaptive Traffic Control System. { NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with { the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void, otherwise to remain in full force and effect. Signed an led this 24th day of March , 2011 • Siemens Industry, Inc. (Principal) (Seal) NOE G. BERMUDEZ 'may (Witness) By /�� '1 l-, ATANT SECRETARYSSIS{ ,/`'/ (Title) (1 % FedeJannY Uh�� • (Seal)Jauela Davidson (Witness) Attorney-m-Fact Stacy Rivera (Title) AIA DOCUMENT A310 0 BM BOND•AIA•FEBRUARY 1970 ED.a THE AMERICAN INSTITUTE OF ARCHITECtS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006 _ :� POWER •federal Insurance Company Mn: Surety Department • • Chubb OF Vigilant Insurance Company I5 Moun�ain View Road --..may. ,• Surety ATTORNEY Pacific Indemnity Company Warren, NJ 07059 • Know.-All: by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana coporation, VIGILANT INSURANCE 1, COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation,do each hereby constitute and appoint Jeannette Parrini and Stacy Rivera of Farmington,Connecticut----- .. __ . each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate spa1c to and deliver for and on their behalf as surety' thereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(other than bail bonds)given or executed in.The course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 9th day of October,2009 enneth C.Wendel,Assistant Secretary D .NoMs,Jr.,Vice i e" t STATE OF NEW JERSEY ss: County of Somerset • • ' On this 9th day of October,2009 before me,a Votary Public of New Jersey.personally came Kenneth C.Wendel,to me -known to be A cintant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the'companiea which executed the foregoing Power of Attorney,and the said Kenneth C.Wendel,being by me duly sworn,did depose and say that he is Assistant Secretary of ttUERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY and knows The corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By-Laws of said Companies;and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority,and that he is acquainted with David B.Norris,Jr.,and knows him to be Vice President of said Companies and that the signature of David B.Norris,Jr,subscribed to said Power of Attorney is in the genuine handwriting of David B.Norris,Jr.,and was thereto subscribed by authority of said By- Laws and in deponents presence. Nola' 8: ,r`1 pTAR Y ' No. leal ' tt�� Corilrean Expltzs Grit.0,2044 Puet-1°fr; No ryPubliic 4'Y JETS. . . . CERTIFICATION - Extract from the By-Laws of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of-the Company,either by the Chairman or the President or a Vice President or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary,under their-respective designations.The { signature of such officers may be engraved,printed or lithographed.The signature of each of the follovring officers;Chairman,President any Vice President any . Assistant Vice President,any Secretary,any Assistant Secretary and the seal of the Company may Be affixed by facsimile ttt any power of attorney or to any . certificate relating thereto appointing Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory a-i the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding • upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached:* . I,Kenneth C.Wendel,.Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEM"N0Y COMPANY. (the'Companies')do hereby certify that . G7 extract of foregoing extra of the By-Laws of the Companies is true and correct," • • ' , (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and a"re ' authorized by the U.S.Treasury Department further,Federal and Vigilant are licensed in Puerto Rico and the U.S.Virgin Islands.and Federal is licensed in American Samoa,Guam,and each of the Provinces of Canada except Prince Edward Island;and (iii) the foregoing Power of Attorney is true;coral and in full force and effect. Given under my hand and seals of said Companies at Warren,NJ this March 24, 2011 ' 5° '& • -/ "--'rr. `�51ust11a"CF c 544. T - r ,s? 1, - Ilicipla' *75coltSw" 'kEW Y0t` 4,12;6?;542 v= .et e ' _ KennethC__Wendel, iantSecretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS,BOND OR NOTIFY US OF ANY OTHER. - MA I ER,PLEASE CONTACT US AT ADDRESS LIS I EU ABOVE,OR BY Telephone(908)903-3493 Fax(908)903-3655 ' • a-mail: surety©chubb.com • . . -. Form 15-1'0=0225B-U (Ed.5-03) CONSENT " . 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I. - • - • Policyholder Information Notice • IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una• queja: • You may call Chubb's toll-free telephone number Usted puede llamar al nl mero de telefono gratis for information or to make a complaint at de Chubb's para infoluiacion o para someter una quej a al 1-800-36-CHUBB 1-800-36-CH UBB You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain infonuation on companies, Seguros de Texas para obtener informacion acerca coverages, rights or complaints at de compafiias, coberturas, derechos o quejas al 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Insurance Puede escribir al Departamento de Seguros de Texas P.O. Box 149104 P.O. Box 149104 Austin, TX 78714-9104 Austin, TX 78714-9104. FAX # (512) 475-1771 FAX# (512) 475-1771 Web: http://www.tdi.state.tx.us Web: http`//www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us E-mail: ConsumerProtection@tdiatate.tx.us . PREMIUM OR CLAIM DISPUTES: , DISPUTAS SOBRE PRIMAS 0 RECLAVIOS: Should you have a dispute concerning your premium Si tiene una disputa concerniente a su prima o a u n or about a claim you should contact the agent first. reclamo, debe comunicarse con el agente primero. If the dispute is not resolved, you may contact the Si no se resueve la disputa, puede entonces Texas Department of Insurance. comunicarse con el departamento (TDI). ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: This notice is for information only and does not Este aviso es solo para proposito de informacion y become 'a part or condition of the attached no se convierte en parte o condicion del documento document. adjunto. • • Form 99-10-0299(Rev.1-08) ty 4* Adapti ' ."• ; . tcSis a ��.. Imsrove ef ts '..': . - ,.-,2,- c,,:,--101111„, Bis s . O31F1 _ , _, - - , k. , . ... _ N. .,/ rr' N.: ow -,/- /. , 0 / }W S _ • ` Submitted to The City Pearland, Texas BySiemens Industry, Inc. SIEMENS Mobility Division, Complete Transportation Traffic Solutions www.itssiemens.com City of Pearland,,TX Adaptive Traffic Signal,Improvements Table of Contents 1 Company Overview 3 - 2 Proposed Solution 9 3 Project Management 26 4 Pricing 28 5 Financial Statement 30 Exectri; ye unimar,1 City of Pearland,Tx Adaptive Traffic Signal Improvements Executive Summary Siemens is pleased to submit this proposal to the City of Pearland, Texas to deploy the ACS- Lite adaptive system with TACTICSTM advanced traffic control system for the FM518 corridor. As an innovator in adaptive control systems and the primary developer of ACS-Lite, Siemens is very interested in making this project a success for the City. Our knowledge of ACS-Lite, experience with ACS-Lite projects, and our veteran team of engineers and technicians is unmatched. Pairing ACS-Lite with our state-of-the-art TACTICS Central system not only meets your current and future adaptive requirements, but will provide the platform to allow you to monitor, configure, and control your entire city-wide signal system. TACTICS is Siemens's next-generation central system software. Built on the mature and highly successful ACTRA platform, TACTICS takes traffic management further than ever before. TACTICS brings•together a wealth of proven options that made ACTRA a success and advanced features for superior traffic control and management that make the TACTICS system the state-of-the-practice in intelligent transportation systems. Siemens'ACS-Lite has been independently evaluated in multiple field tests and simulation studies, demonstrating reductions in vehicle delay, arterial travel times, vehicle stops, and fuel consumption. An evaluation of State Highway 6 in Houston,Texas reported reductions in vehicle delay of 35%, and reductions in vehicle stops of 29% (Sabra, Wang & Associates, 2006). The existing coordinated timing was reportedly only 13 months old when ACS-Lite was installed, though this area was also adding new residential developments immediately adjacent to the arterial over that timeframe. Our proposal provides more than traffic adaptive; Siemens offers the City of Pearland a combination of an adaptive and central control that forms the foundation of an advanced traffic management system. Project Objectives Siemens'solution will assist the City in managing the FM518 corridor by installing adaptive control at the 10 intersections noted in the RFP. Vehicle detection and communication are included as part of this proposal. Siemens understands that the objectives of this project are to: o Provide a complete ATMS: The TACTICS Central Control system coupled with ACS-Lite will be the foundation of Pearland's citywide traffic management. u Provide robust traffic control: The system must leverage wireless communications, advanced vehicle detection, and new controllers to provide highly efficient traffic control. Q Enhance existing traffic control: Initially, steps will betaken to ensure that timing and synchronization is optimized for traditional and adaptive operations. i �6 aA tT 1 {1A t n v�gi Cityof'Pearland,TX Adaptive Traffic Signal Improvements n Demonstrate adaptive control benefits: Under varying traffic conditions,whether on a daily basis, or over a period of years,ACS-Lite will utilize detection data to adapt timings to effectively match these conditions. As importantly, ACS-Lite will capture, store and provide traffic data for analysis, and demonstrate operational improvements. Successful Project Delivery Siemens has delivered more successful ACS-Lite implementations than any of the original participants of the FHWA project. For this project we will replicate this success by coupling TACTICS with ACS-Lite, to provide a vastly-integrated turnkey adaptive solution. This project does not have any new tasks that we have not completed in the past. Successful implementations in Houston and Tyler, TX and Pickerington, Ohio are examples of the Siemens ACS-Lite project methodology. We have also implemented over 15 other adaptive projects in North America using SCOOT, Rhodes, and OPAC. The following sections describe Siemens interest, approach, solution, and delivery plan for the City of Pearland's exciting project. a4 ,.t .�"`.rye Ir. �x , 2 i onei • n 1:j (Jyer , e& City of Pearland,TX Adaptive Traffic Signal Improvements 1 Company Overview Siemens was formed over 160 years ago and has been heavily involved in traffic signal systems internationally since the inception of traffic signals. Siemens worldwide revenues exceed $100 billion dollars annually and we employ over 400,000 individuals globally. Siemens is a leader in the Intelligent Traffic Solutions market in the U.S. To further appeal to the market, Siemens acquired Republic ITS, a U.S. leader in traffic signal equipment installation, maintenance, and service in September 2010. Siemens-Republic ITS specializes in engineering, maintenance, testing, repair, and replacement of streetlights, traffic signals, and exterior commercial lighting. We have a national staff of hundreds that includes an array of professional engineers and qualified IMSA-certified technicians with numerous industry, manufacturer, and systems certifications. With this business acquisition, along with our extensive dealer network, Siemens ITS has the ability to solve the traffic problems not only in the City of Pearland, but throughout the nation's metropolitan areas through holistic approaches that Siemens call "Complete Transportation." Siemens ITS has a long history of providing ITS system design and integration services to government agencies throughout the U.S. Over the past 40 years, Siemens has delivered more than 300 fully operational traffic signal control systems in the U.S and over 120 adaptive traffic control systems worldwide. Ourr focus has always been to deliver a solution that is right for the customer- a solution that is reliable, full-featured, and delivers performance along with safety. The Siemens ITS business unit is headquartered in Austin, Texas where we currently employ 200+ employees. Manufacturing and engineering of Intelligent Traffic System control devices and systems, including the development of associated intellectual property (software products) are produced locally. Beyond ITS, Siemens employs more than 5,000 employees within 30+ divisions throughout the State of Texas. Figure 1 depicts an organizational chart for Siemens Industry, Inc. } ' City of t?ear)and,TX Adaptive Traffic Signal Improvements l Siemens Industry 1 3 <=, Mobility Division I , I TI Rolling Stock i Rail Automation Infrastructure (Sacramento,CA) # (New York NY) Logistics Complete Transportation (Arlington,TX) • si Intelligent Transport Traffic SystemsSolutions& Republic ITS ) (Austin, Electrification (Novato,CA) TX (Lake Oswego,OR) I .. { !, ) Figure 1: Siemens Industry, Inc. Organization Chart 1 .1 Qualifications • Siemens has installed hundreds of traffic management systems throughout,North America and the World, including many adaptive traffic control systems. Siemens-Republic ITS currently services over 10,000 signalized intersections and 400,000 streetlights under long-term maintenance agreements nationwide. We are dedicated to meeting and exceeding the challenging public safety requirements associated with the traffic management, traffic signal and streetlight maintenance industry. The following project references highlight our experience in developing and installing ACS-Lite as well as traffic signal maintenance and 0 detection installation. The completed Qualification Statement required by the RFP is included with this proposal. i ) Riva Road Arterial in Anne Arundel, Maryland ( f Ij Organization: Anne Arundel County, Maryland Contact: Kevin Newton, Traffic Engineer ( rr Phone: (410) 222-7331 i - Engagement Dates: November 2009 to December 2010 ACS-Lite was deployed along the Riva Road arterial in Anne Arundel County, Maryland, under l the jurisdiction of the Anne Arundel County. Twelve Siemens EPAC controllers (running SEPAC ECOM firmware) were replaced with Siemens M50 (running SEPAC NTCIP 4.01f firmware). NextEdit database editing software was provided for database management • - te -- . ,City of:Pearlar d,TX Adaptive Traffic Signal Improvements functionality. Video detection was reconfigured (without the need for adding detector racks) such that zones in each lane were individually/independently reporting status to the controllers. Memorial Drive in Houston, Texas Organization: Harris County, Texas Contact: Eric Nelson, Traffic Engineer Phone: (281) 831-3166 Engagement Dates: November 2006 to April 2007 = ACS-Lite was deployed with Siemens M50 controllers running SEPAC NTCIP firmware on Memorial Drive in Houston, TX, in the jurisdiction of Harris County. Six intersections were present on Memorial Drive, deployed with a field master controller. The prior field-master utilized twisted-pair communications and 1200bps modems (internal to the M40 controller). Under ACS-Lite, 9.6Kbps external modems were installed with the M50 controllers, and ACS- Lite replaced the existing field master. No additional detection upgrades were necessary. South Broadway in Tyler, Texas Organization: City of Tyler, Texas Contact: Kirk Houser, Traffic Engineer Phone: (903) 531-1201 Engagement Dates: May 2007 to June 2008 ACS-Lite was deployed along the South Broadway arterial in Tyler, TX, under the jurisdiction of the City of Tyler. Sixteen Siemens M40 controllers (running SEPAC ECOM firmware) were replaced with Siemens M50 (running SEPAC NTCIP 4.01e/4.01f firmware).. These intersections were disconnected from an ACTRA central system, and reconnected to an ACS- Lite closed-loop system, running on a Windows workstation in the traffic engineering building in downtown Tyler. The City of Tyler contracted independently with third-party firms to install Encom wireless serial communications (from signals to central) and mid-block side-fire radar (also using wireless serial communications from mid-block to signal cabinet). Some equipment was installed in the cabinet to break-out existing video detection zones on some approaches from multi-lane zones to individual lane zones. NextEdit database editing software was provided for database management functionality. Some features were added to ACS-Lite for this project, including new serial communications configuration options, and the capability to utilize exit detectors at one signal to adjust the offset at an adjacent signal. Following excessively faulty wireless communications performance, Siemens installed an Ethernet-over-copper communications system utilizing legacy twisted pair. _77rl (A isair` lt;';1r .F;t a r.x `-P`-e,C4 5 s �s 3 City of.Pearland,'TX , Adaptive Traffic Signal Improvements Hill Road (SR 256) in Pickerington, Ohio Organization: City of Pickerington, Ohio Contact: Scott Seaman, W.E. Stilson Consulting Group, Traffic Services Manager Phone: (614)847-4670 Engagement Dates: November 2008 to May 2009 ACS-Lite was deployed along the S.R. 256 arterial in Pickerington, Ohio, under the jurisdiction of the City of Pickerington. Eight Eagle M40 controllers (running SEPAC ECOM firmware) were replaced with Eagle M50 (running SEPAC NTCIP 4.01f firmware). These intersections were disconnected from a MARC field master and reconnected to an ACS-Lite closed-loop system, running on a field-hardened Windows processor stationed in the master cabinet at the corner of Refugee Road and S.R. 256. The City of Pickerington contracted with Siemens to upgrade their communications from 1200 baud serial. Siemens deployed Actelis Ethernet- over-copper modems to leverage existing twisted pair interconnect cable and achieve high speed Ethernet communications on the arterial. AT&T was asked to install a DSL drop at the master cabinet, and Siemens installed a Fire-wall appliance, which allows for secure remote access by the City, consultants, and Siemens support staff as needed. A few additional detector loops were installed or repaired along the arterial by local contractors. Video detection was reconfigured (without the need for adding detector racks) such that zones in each lane were individually/independently reporting status to the controllers. Detectors lead- ins from loops previously tied together in the cabinet were split out to report individual to the controllers. NextEdit database editing software was provided for database management functionality. Some features were added to ACS-Lite for this project, including new time- based scheduling options and detector status indicators. Cascade Road, Fulton County, Georgia Organization: Georgia DOT Contact: Ben Robinson ARCADIS 2849 Paces Ferry Road, Suite 400, Atlanta, GA 30339 Phone: (770) 431-8666 ext. 639 Engagement Dates: June 2009 to November 2009 ACS-Lite was installed as a pilot project by Siemens on a critical arterial in the Atlanta Georgia area. The project was specifically to test how ACS-Lite worked when installed on a busy arterial which had just been retimed to provide good TOD plans. Independent consultant ARCADIS was hired to retime the intersections in June of 2009. In September of 2009 an ACS-Lite system was deployed at five intersections on Cascade Road approaching 1-285 which serves as a bypass around the City of Atlanta. A Sensys Arterial Travel Time System was installed to measure before and after data for analysis. This study collected arterial travel times for both directions and the queue length at side streets to do the before-and-after study. The test was successful and provided a good evaluation of ACS-Lite compared to well timed TOD operation. The results indicated that the ACS-Lite system effectively reduced the L. - . _ - -City of.Pearland,TX Adaptive Traffic Signal Improvements travel time on the arterial while simultaneously reducing queue length at side streets, during peak periods, resulting in improved system efficiency, reduced emission and reduced fuel consumption. Improvements of 32% in travel time and 20% reduction in queue length were achieved. _ Houston and Beaumont,Texas and TxDOT-Emergency Response for Gulf Coast Organization: City of Houston Contact: Jeff Weatherford Phone: (713) 881-3044 - Contact: Doug Vanover, TxDOT District Maintenance Supervisor Phone: (713) 802-5171 Contact: Jacob Benfield, Traffic Engineer, City of Beaumont Phone: (409)880-3725 Project Dates: September 2008 Republic ITS responded within hours to the devastation caused by Hurricane.Ike in September of 2008. We made emergency repairs and restored traffic signals throughout the Cities of Houston and Beaumont in addition to the Texas Department of Transportation Houston District which includes Brazoria, Fort Bend, Harris, Montgomery, Galveston and Waller Counties. This approximate $9 Million effort included over 5,000 intersections of which some were severely damaged and needed to be reconstructed. This work consisted of the installation of conduit, ground boxes, temporary wood poles, permanent metal poles, mast arms and new signal foundations. Caltrans District 4-On-Call Detection and Loop Replacement Organization: Caltrans District 4 Contact: Gregory Klein, Deputy Reg. Mgr Phone: (415) 330-6556 In the last couple years, Republic ITS has been extremely successful at winning and completing on-call loop contracts throughout the state of California. Republic ITS currently has 2 year on-call loop installation contracts with Districts 2, 3, 4 and 11 totaling over $3,000,000. The work includes testing and identifying faulty detection systems as well as installation of loops and count stations on freeway main lines, rural highways, arterial expressways, ramps and interchanges. The projects require extensive logistical coordination to successfully pull together such tasks as notifying the public in advance of the planned work, pre and post testing of the circuitry, night time operations and the various traffic controls. of Pearland,TX City � � � ' � Adaptive Traffic Signal Improvements City of Austin,TX— LED Traffic Signal and Service Agreement Organization: Austin Energy Contact: Dennis Lilley, Contract Supervisor Phone: (512) 482-5319 The City of Austin awarded Republic ITS a contract to install approximately 20,000 LED modules and 1,000 new pedestrian signal enclosures in signalized intersections throughout the City. The bid was submitted through a RFP process advertised by The City of Austin with an Evaluation Matrix to determine the most qualified and cost-effective contractor. The Evaluation Matrix included a maximum total of 100 points in six categories. The project covered approximately 650 City-owned intersections and 150 Texas Department of Transportation owned intersections. It also included a service agreement to maintain the intersections for a two-year period. This project was completed one year ahead of schedule. • ti - `i ��" .At�" s7i`+s#0 yjije_'lF� 4�" .eT.`l y - ,$ ro osedl So /066N City of Pearland,TX Adaptive Traffic Signal lmp%Ovements 2 Proposed Solution Siemens proposes an integrated solution of TACTICSTm Advanced Traffic Management System (ATMS) and ACS-Lite Adaptive system to provide the best in adaptive and traditional traffic control for the City of Pearland, Texas. This turnkey solution, which includes project management, full setup and integration of all systems and software, complete validation, training, documentation, and support, will be delivered with new m50 traffic controllers including Siemens SEPAC firmware. Together these components form a highly integrated and effective adaptive control system that is easy to use and maintain. TACTICS is a world class ATMS solution that is flexible, easy to use, and delivers improved traffic flow through second-by-second synchronization, flexible intersection grouping, and powerful traffic responsive control algorithms. This system not only meets the current needs, it will allow for future traffic management enhancements for the City of Pearland. Siemens will use the lauded Motorola Wireless Canopy system to provide wireless support for the adaptive solution. Siemens is providing two options for detection 1) The requested video detectors and 2) Sensys traffic detectors. It has been Siemens experience that the Sensys detectors provide a more accurate portrayal of current traffic conditions and at a significant cost savings both initially and over the life of the system. Figure 2 shows the system architecture for the City of Pearland's proposed adaptive solution. Pearland Adaptive System Architecture f ., 1 TwCs+., ".....4' 11 w stow.m `..... F ...,410 „aa Tactics and ACSLite - ;-.i o+04, v.,t . TMC Workstations ' . - lval Wats.. 4; / .M O ; i n...vFa.w�.Ci�li I 'uam 1..es o n.w... Tactics Laptop Figure 2: Pearland Adaptive System Architecture Siemens 20 70 A`.'riahts reserved. City of Pearland,TX Adaptive Traffic Signal Improvements 2.1 TACTICS TACTICS can use either physical servers or virtual servers, and is compatible with Windows Server 2003/2008, Microsoft SQL Server 200512008, and Windows XP or Windows 7 for workstations. The TACTICS workstation software can be installed on any number of computers at any'location. Those computers need to either be attached to the same Ethernet network as the TACTICS servers, or have periodic access to that network via a virtual private network (VPN) connection. An unlimited workstation licenses will be provided to accommodate any number of central and remote users. The City can install the workstation software on any number of computers, including laptops. Siemens will install workstation software on computers as requested, but the City can also easily do this at any time. TACTICS is a modular, full-featured traffic control system that complies with industry standards and delivers a reliable, powerful and yet easy to use traffic management system. TACTICS contains all of the features of ACTRA plus many exciting enhancements. TACTICS can easily support the initial signals required for this project, and can be expanded to virtually any number of signals. TACTICS is designed to grow with the user's needs and is scalable to anticipate future needs. Designed around making traffic management and control better than ever before, TACTICS combines the features you demand with an attractive, customizable user interface to offer unparalleled traffic management capabilities. TACTICS will communicate with the on-street controllers using SEPAC controller software via the NTCIP communication protocol. User Interface TACTICS offers a GUI that provides control and access to all system displays, reports, and dialog boxes. All user interface functions are implemented using GUI concepts conforming to Microsoft Windows standards. 2.1.1 Traffic Control Overview TACTICS offers powerful implementation of multiple modes of traffic control including: time- of-day, time-based, manual, flash, pre-emptivelpriority, and traffic responsive. The best way to illustrate how these efficiencies will be realized is to look at the different use cases. Normal Conditions Under normal conditions, TACTICS provides optimal operations through centrally-managed plan-based coordination. At the central level, TACTICS provides flexible grouping of intersections, allowing intersection grouping to change according to schedules based on time of day, day of week, holidays, or special event days. All of this is typically preprogrammed and set to run automatically. {a�tl'�'r.9.�� L ..7rt�-�°� _ - 10 { ._..�>.-�.,�. _L..._.-..a....-.�_..::d....��,..-:�....�.r-.-..._.-.a,_..�.�.�...,�..u�_ .i...,,i.u.-.'3.�._..-e..-..sr_......w�...."....a�-.._...-.-......_-....--...-.._..u3 ,-�. - - w. ...-,-..�. ..-,cam-.� City of Pearland,TX Adaptive Traffic Signal Improvements Varying Traffic Flow When traffic flow increases and decreases during rush hours or others hours of congestion, the traffic-responsive features of TACTICS allow intersection timing plans to be automatically selected based on detector data. TACTICS provides a flexible hysteresis capability where momentary spikes of congestion or relief are filtered and will not cause inefficient traffic control timing changes. The data used to drive the traffic responsive decision making can come from system detectors on any signals on the TACTICS system, not just the signals being controller, or the data can come from external sources (such as freeways) via C2C interfaces. In addition to signal timing,the plans selected by the traffic responsive algorithm can also include commands to variable messages signs andlor lane control signals. Quick Response Plans Quick Response is an event/incident management feature that provides extensive user- configurable options for handling special situations and consists of trigger inputs and response outputs. Over 70 different types of triggers can be defined allowing the system to automatically respond to events and changing conditions. Responses can be triggered automatically, by time of day, or manually by operator request. The system includes enhanced dateltime control for activation and deactivation;Java scripts to customize trigger conditions; popup QR alerts on any machine, and QR status. The flexible Quick Response features allow the system to adapt quickly to changing traffic patterns, daily congestion, incidents and events. For example, QR can trigger on a VO-system detector level causing a signal, or group of signals, to change patterns in response to an incident or event. A special function input connected to a sensor monitoring water levels can become a QR trigger special function output that causes a barrier to close and send surrounding intersections into flash. During normal operations, most TACTICS users will display the TACTICS system map. Icons representing intersections provide a ready view of intersection status. Operators will quickly become attuned to what normal and "good"conditions look like. If faults are detected, they will be displayed through a changed icon or flashing icon and will provide the operator with an alarm indicating action is warranted. The blue squares on the map indicate healthy intersections. A full library of icons is available and can be resized to provide comfortable viewing. 2.1.2 Standard TACTICS Features Status Alert Notification TACTICS has the ability to automatically notify users of both system and field device level anomalous conditions via SMS text message, email, or alphanumeric paging. A paging acknowledgement feature allows the operator to remotely call back and acknowledge the event. Callout notification lists include a hierarchy call sequence with configurable delays ' 77— 11 _,,,1 City of'Rearland-,TX Adaptive Traffic Signal Improvements i t and persons contacted. Lists can be assigned to an intersection, a group or the system. When a critical alarm occurs, the corresponding notification list is activated and paging continues until the alarm is acknowledged. A user is able to call the system from any touch tone phone. A voice response menu allows the user to use touch tones to select and k. acknowledge an alarm. The SMS text and email feature require appropriate support services ) to process these messages. The paging acknowledgement requires a dedicated dial-up ( ) phone, separate from paging phone line, to receive the paging acknowledgement. {-~9 Enhanced Traffic Engineering Tools t 1 Traffic management is a continual on-going effort to improve operation of the street ;_=} network. To perform this job effectively traffic engineers need good data to know what is 4`=` happening on the street and tools to let them work efficiently. TACTICS provides over 500 } predefined reports that can be generated automatically or on an ad hoc basis and provide yi engineers with an extensive variety of traffic data. Examples of the predefined reports (. 'j include: 0 Communication Faults O Critical Alarms O Group Pattern Changes 4" ? ® Master Alarms E Online/Offline . O System Detector Graphic f - a System Detector } a Traffic Responsive Pattern Change 0 Traffic Responsive Volume and Occupancy Percent _) Map Recording and Playback The map recording and playback feature allows recording of system operations for reviewing at a later time. This allows the engineer to: ® Analyze system operations and traffic responsive operation 5 Validate operations during transit priority i View transit signal performance Controller Database Management - 1 TACTICS provides powerful tools to assist traffic engineers in creating and managing timing plans for new and existing intersections. Most importantly, all changes to timing plans are logged in history files. +a_P This also includes support for scheduled uploads and comparisons that allows the operator to schedule one time or periodic uploads by individual intersection or groups of intersections. City of Pea rland,'TX Adaptive Traffic Signal Improvements The system can either automatically save the uploaded data or can simply compare with the centrally stored information. The system reports on the resulting status. TACTICS also allows access to the Admin menu section of the NEMA controller providing centralized management control over all related parameters including Daylight Savings Time settings, Communications, and Security. • Map Hyperlinks TACTICS hyperlink feature allows users to configure a hyperlink icon on local, multi, or system maps for quick access to related documents such as: r Timing sheets n Incident reports c Intersection drawings c Asset management database n CCTV cameras Websites from an icon symbol located on local, multi, or system maps Incidents TACTICS includes a free-form text entry dialog that can be used to enter information about traffic incidents. This information can then be linked to an icon on the map, which allows system operators to track and update local construction, lane closures, detours, planned and unplanned incidents, and events. The map icon provides a visual reminder to the operator of an incident at that location. Double clicking the incident icon opens the form used to track incident status and progress. System Map Graphics • TACTICS can directly import ESRI map data in shapefile format, retaining layers, and allows TACTICS users to turn layers on and off. Entities can be located on the geo-coded map using latitude-longitude location data. Siemens proposed solution of using ACS-LITE integrated with TACTICS using m50 controllers provides the City the most robust Adaptive ATMS solution available. Siemens approach to this project is included in Section 3, Scope of Work. s7). d JC as =g.tc,e 6 13 ' L��nW .�.a�.........,�--a��......s....a:..v�a...._....,..-,..-a...::�...-�...,�.�:......w�v._w..�..s..i.........�......w«.....-...�,v...�i..v�.........,.rv...-.a«.......'.44r•.._��-...._..a-.�.--...,,,...-�-.- ..r,-�.-�. City;of Pearland,TX Adaptive Traffic Signal Improvements ' 2.2 ACS-Lite ACS-Lite is an adaptive traffic signal control system targeted as an upgrade for closed-loop systems. The ACS-Lite software is designed to adapt the splits and offsets of signal control patternslplans in a "closed-loop" master-based traffic control system. Changes to cycle time are handled on a time-of-day schedule like traditional traffic control systems. Figure 3 portrays a typical ACS-Lite system hypothetically deployed on a 7-intersection arterial. ACS Lite NTCIP protocol Local Controllers �• $ ,� .j- S'« j .. Ijro�r.W1777- � z fS1�'. fS Fit' :qps. 3 p -Y{© _ Q�. ..ssxrs+r:.-. -., +,:...0 `°.1 f 4.1 di !Irr Figure 3: ACS-Lite System Architecture The system consists of the following components: ACS-Lite System Computer—The ACS-Lite system computer is the supervisory system managing control of several intersection signal controllers. The ACS-Lite computer can be deployed in a field cabinet, replacing the legacy field master; or ACS-Lite can be installed on a central server. ACS-Lite also features an easy-to-use web-based user interface, which facilitates easy remote access. Signal Controllers —ACS-Lite is compatible with the Siemens SEPAC NTCIP 4.01 F firmware with ACS-Lite support, which is available on either Siemens M50 series NEMA controllers or Siemens 2070 controllers. Siemens controller hardware is compatible with a wide range of cabinet types. There is no need for expensive CPU expansion modules at each intersection. Communications —ACS-Lite is designed for compatibility with low speed multi-drop serial communications (as low as 9600 baud for up to 12 intersections) as well as support the high speed UDP/IP communications required for this project. ACS-Lite was designed, as specified by FHWA, to utilize the National Transportation for Intelligent Transportation Systems Protocol (NTCIP). City.of.Pearland,TX -, Adaptive Traffic Signal Improvements Detectors —ACS-Lite utilizes vehicle detectors to monitor traffic flow, and has requirements similar to a typical fully-actuated layout. It is also relatively flexible with regard to detector location, dimensions, and technology. While the system easily accommodates the required video technology, and this approach is used in many installations especially when access to ideal detector locations is limited. But the performance of video detection can seriously degrade at night (dawn and dusk), during fog and heavy rain, and when the pavement is wet. Even on straight and level approaches without overhanging trees, bridge structures, and other sight obstructions, video detection units installed at the intersection cannot accurately report the location or number of approaching vehicles, or the length of a queue, due to closer vehicles, especially high vehicles, occluding more distant ones. While the performance of video detection has challenges, it is important to note that ACS-Lite has been successfully deployed with this technology. Off-road detectors installed away from the intersection can provide reasonably accurate detection, but are not as precise as magnetometers, especially in sensing the short gaps between vehicles during serious traffic congestion that causes very slow or stopped traffic at the detector. Given the environmental specifics of the FM518 corridor, the Sensys detection system offers a better solution for this project. The Sensys detection system brings the precision of a • magnetometer with the reliability and low-cost installation with its wireless"puck"form factor. 2.2.1 ACS-Lite Adaptive Operation The ACS-Lite software is designed to adapt the splits and offsets of signal control patterns/plans in a "closed-loop" master-based traffic control system. Changes to cycle time are handled on a time-of-day schedule like traditional traffic control systems. At each optimization step, which occurs about every 10 minutes, the system changes the splits and offsets a small amount (e.g. 2 to 5 seconds) to accommodate changes in traffic flows. • ACS-Lite does not replace or override the controller at the local intersection on a second-by- second basis. Instead, ACS-Lite downloads new splits and offsets for the currently-running pattern every five to fifteen minutes, maintaining the same cycle length as desired by the traffic engineer for that time of day. Each cycle, the local SEPAC controller software manages the duration of each split using gap-out and coordination logic as designed by the traffic engineer. If communications between ACS-Lite and the local controllers are interrupted, the local controller still maintains full operation of the intersection. ACS-Lite performs its optimizations by polling each local controller for special ACS-Lite NTCIP detector and phase status data only once per minute. This allows the system to manage. many local controllers from just one ACS-Lite master controller. Up to 32 controllers are supported on one ACS-Lite management computer when using higher communication rates City of Pearland,TX Adaptive Traffic Signal Improvements such as the ones proposed. ACS-Lite also supports IP communications with controllers, using any communications media (fiber, wireless, etc.) and it is possible to mix communication types in one system (some controllerscan be IP and some Serial). ACS-Lite takes these minute-by-minute polls and matches the occupancy measured on each detector with the red and green intervals of the phase that the detector serves. This allows ACS-Lite to assess whether or not traffic is arriving to a green light, for tuning the intersection offset, and whether or not traffic is consistently using all of a phase's green split time. After computing the split utilization for each phase, ACS-Lite runs an optimization algorithm • to reallocate split time from phases that are not using all of their split time to other phases that need more time. At the same time, ACS-Lite assesses whether an earlier or later offset value will be more effective for traffic progression on each controller on the arterial. After computing the best re-allocation of splits and offsets, ACS-Lite downloads the new values to each controller in the system. Since the changes to the split and offset values are only very small (2-5 seconds), transition from the current settings to the new settings is typically completed within one cycle. The traffic engineer is able to control the frequency of optimizations and the maximum amount of split and offset to be added or subtracted from the programmed values. ACS-Lite is easy to configure through a web-based user interface from a laptop connected to, the ACS-Lite field processor. Seventy five percent of the configuration data is uploaded directly from the local controllers, with no additional user data entry. After uploading this configuration data, the user configures links, ring sequences, and detectors and then the system is ready to use for adaptive control. As the ACS-Lite system is running, web pages are also updated each cycle to provide status of each intersection performance and track the changes that ACS-Lite makes to the splits and offsets. In addition, the software archives its performance measures and decisions to a data store (up to a month of data is stored on the field processor in compressed files) for future analysis and retrieval. 2.2.2 Details of Adaptive Operation The split tuning algorithm of ACS-Lite is designed to minimize the maximum degree of "phase utilization" (i.e. degree of saturation) on any phase in the timing plan. Figure 4 shows a visualization from the software of the split utilization on each phase of the controller at an intersection. The colors indicate how much of each phase's split is being used by traffic over the last few signal cycles. When the phase performance is shown in red, almost all or all of the phase's time is being used by traffic; that phase could use more time to serve vehicles. When the phase performance is shown in green, that phase split is not being used all of the time by vehicles and the split could probably be reduced to provide additional time to phases that are shown in red. By evaluating these performance measures every few minutes, ACS- Lite reduces the total delay at the intersection by reducing phase failures and minimizing trouble calls by addressing citizen complaints about long wait times at particular times of , City of Pearland,TX Adaptive Traffic Signal Improvements -$ day, without needing to generate special timing plans that apply for only short periods of time. In addition to this simple concept of trading time from one phase to another, the • algorithm can be configured to"protect"green time on coordinated phases to maintain progression opportunities on the main street. 02 01 rA-03 04 26 11 4-12 92 11 .-23-.92 11 ?-25.-•92 y2 —54 r,s- +27 —1 .-L+ +80 —12,-.+'i-:,+69 —14 : -y+67 -71 85.0% F 90.6% _ Si84.3% ®590.5% ) 05 06 ,;}, 11 -30-.92 26 4--62- 107 . -19 r, -- 51 —36+-G-A+ no phases45 iF. 101111111111113185.6% 111111111.111112 85.7% Figure 4: Phase Split Utilization Visualization The offset tuning algorithm of ACS-Lite is based on the simple concept of capturing the most traffic within the green band on coordinated phases. Figure 5 shows a visualization from the software for the average traffic arriving on each coordinated approach over the last few =-� signal cycles. The occupancy each second of the cycle in each lane in shown in blue (a "flow • profile") and the green time of the phase serving that traffic is shown in green above the detector flow profile. For the detector flow profile, the taller the bar-the more occupancy that is experienced on the detector at that time in the cycle. Similarly for the phase green profile, a full green bar indicates that that phase is always green at that time in the cycle and shorter green bars indicate that some of the time, the phase is returning to green "early" s; ) based on the gap-outs of other phases on the controller. By matching the blue flow profiles ) with the green band of each progression phase, it is easy to see where traffic is arriving to a red light or a green light. At each optimization interval, the algorithm considers moving the } offset earlier in the cycle, later in the cycle, or leaving it at the current setting. The setting that"captures"the most traffic in the green-band is then implemented by downloading a new offset value to the controller. The algorithm includes consideration for both the incoming traffic flows and outgoing traffic flows at each intersection at which offset tuning is enabled to coordinate the decisions to move offsets at each intersection. By driving the decision-making directly from the occupancy data of the advanced detectors, the ) optimization algorithms automatically determine if the progression pattern should be heavily directional (e.g. such as during peak-periods) or balanced for two-way progression flows. j 1 } y 1 i - i6- t :^ .a u�*� �'}• '+h', 2`. .�. + ,» - :YI '"V`.<.....r :,�k''S'a5' ?-'�'' ...*.. . yyy. .__.3. ,�.•.. - -.t...s....,�€r City of'Pearland,TX . Adaptive Traffic Signal Improvements 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 ,iitui11111111111111111111111IIIIIIllll co— —.411111111N1111111ii 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 IllIllhIIIIIIIIIlIIIlIUII11[IIIIIIIIIIIIIIIIII111 11 1111111, 111li!!®___..o_ _m® ®a o,! .m____ cdi IlQ!!l�11B!!�®�®!.� ®--kviliiil®®!e_ p Figure 5: Offset Tuning Visualization When changing from one set of timing plan parameters to another, transition on the controller is minimized in two ways. First, only small changes are made to offset values in ,3 each incremental step, so the total time that the controller reports transition when it is offset-seeking is typically only one cycle. Second, a transition manager component can be enabled within ACS-Lite that allows the software to choose the transition method that has the least possible effect on traffic conditions when moving from one parameter set to another (note that (most) changes to splits do not require a transition event). ACS-Lite is designed to be a "data driven" optimization process. No calibration of traffic ) models, estimation of turning percentages, configuration of saturation flow rates, or traffic studies on other sensitive parameters are necessary to enable ACS-Lite control. ACS-Lite starts•with the cycle, splits, offsets, and TOD schedule that are configured by the traffic engineer for the prevailing local conditions. This feature makes the ACS-Lite system very simple to set up and configure. During installation, Siemens can also provide additional suggested modifications to sequences and other parameters to improve performance, if requested. t 2.2.3 Detailed Field Assessment and Kick-off Meeting ) The first stage in deploying ACS-Lite involves a detailed field assessment. Siemens will meet with City of Pearland staff to present the stages of deployment, and then obtain existing M ; documentation for all relevant intersections and field equipment (e.g., as-built schematic ) diagrams, control databases). The team will visit all intersections of the deployment site, opening field cabinets, inspecting and documenting current on-street equipment including controllers, detectors, communications, and available cabinets. i •: `s.,.r'.v§s^.,' +, as ..-, 'r''�.` •„,af' ads-�.E,... '�.�<.a .'4' . ifin: .a.<�, ..., < ... ?;r. , r$.,,,.r.,.,.: �.,€_# �.a. �'' , : ._ :3; _. -. .Yr ' City of Pea Hand,TX Adaptive Traffic Signal Improvernent- - _ r " I .. The deployment team will convene with the local agency staff to conduct a kick-off meeting. The purpose of this meeting is to review the stages of deployment and discuss specific findings from each ;-T _ ' (_ intersection along the arterial. The team will suggest equipment :3 A upgrade options where warranted and discuss any operational i\\. ; limitations of the adaptive control system that might result from a Kick-off Meeting variety of field conditions including geometry, controller configuration, detection, traffic flow patterns, and/or communications. { `3 The deployment team will also provide a written report outlining the { ILL findings of the field assessment, and suggested equipment I ' — enhancements. Equipment pricing will be determined and the local agency will provided a list of equipment for the procurement stage. To - the extent possible, this will be conducted during the assessment site visit, though we recognize the pricing information may require Suggested Upgrades consultation with providers and contractors, and decision-making may require time for consideration. FE 2.2.4 Intersection Upgrades ACS-Lite is designed to communicate with traffic signal controllers using the NTCIP protocol, and additionally requires support for special ACS-Lite status objects (or messages). ACS-Lite support is included in the SEPAC NTCIP firmware version 4.01 F or later. This firmware can be j run on Siemens M50 series or 2070 series controllers, in a variety of cabinet configurations. As part of this proposal, Siemens will be replacing the controllers at the designated intersections with our latest M50 controllers. The deployment team will, in cooperation with local agency staff, transfer controller timing configuration data from the current t„) C ;,. firmware/database format to the SEPAC NTCIP format. Whether replacing o} legacy hardware or just upgrading firmware on existing controllers, the �A.\ quickest and safest approach to upgrade an intersection is generally to load the new NTCIP firmware on a replacement controller and switch-out Intersection Upgrades } controllers. Siemens will provide consulting and may assist but is not responsible for transfer of controller timing configuration data from the current firmware/database format to the SEPAC NTCIP format. } 4?>1.114T, Z 4. ` City of Pearland,TX Adaptive Traffic Signal Improvements It is assumed that any traffic control (i.e. police officer direction of traffic) for the = intersection during this switch-out procedure will be arranged and provided (at no cost to the deployment team) by the local agency. It is also assumed that controller upgrades will be conducted during daylight hours. If it is desired to have controllers upgrades during night- time shifts, additional upgrade costs are likely. This proposal estimates the costs for new controllers, wireless communications, and detection technology for each intersection based on a general survey and typical } configurations. In order to provide the most optimized adaptive solution, a detailed site survey will reveal if this assumption is accurate, any unplanned equipment (e.g., detector equipment, communications equipment), which may have been assigned to the deployment team in the Procurement/Upgrade Plan, may incur additional costs. ti • '. The deployment team will produce a written report documenting [ J equipment, firmware, and configuration upgrades for each intersection. Upgrade Report. i 2.2.5 ACS-Lite System Integration System integration activities include the installation/setup of the ACS-Lite system itself, and integration testing across all components of the system. } 3 The deployment team (having already specified and procured the ACS- s Lite computer system in the Equipment Procurement activity) will . k' install/setup the ACS-Lite system computer (either in the field or at the -$ central operations center, as predetermined in the deployment plan). • - This includes the following activities: } el Install the ACS-Lite software. } I* Configure communications to all intersections. {\ ' {� + is Configure links between intersections. ACSLite System Setup ® Configure detector placements and assigned functionality. a Configure time-of-day schedule. i .a a Configure time synchronization options. ',s is Configure adaptive control options. tip' '".,' 4RF#', ,'ys`" wu,�*` . ; ,c 4 - .F of R 4. `- � �� ..73 bT.luee4zrArAtaivi � � aY. ram- ' [Jl/ i; .. "" ._ N'& `� .U�u.k`3$.' .'$ifx...-,.+.3 u".,;SI,°',P r.,. ,City of Pearland,TX Adaptive Traffic Signal Improvements, Setup and installation of ACS-Lite is a partially overlapping/dependent subtask of testing and integration with all system components. That is communications to all controllers must be at least minimally functional to upload data into ACS-Lite, which is necessary to complete the configuration task. Additional system integration tasks include: a Test communications between ACS-Lite and each controller for adequate reliability. a Test of communications link to ACS-Lite from the central operations center through the wireless communications access point. a Upload controller configurations to ACS-Lite. a Resolve any pattern validation issues identified by ACS-Lite. a Test monitoring of intersections, identify and resolve any issues that surface. a Run system in normal time/scheduled operations (i.e., non-adaptive) for a few days. 11 Activate the adaptive mode and observe system operation, identify and resolve any issues that surface. The deployment team will produce a written report documenting the system configuration, integration testing, any identified issues, potential problem mitigation strategies, and a general summary of short-term } observation of adaptive control operations. Integration Report This proposal does not include any formal before-and-after field evaluation to compare the performance of the traffic control system with and without adaptive control enabled. Such studies may be undertaken at additional cost. It may be preferable to contract with an independent party for such an assessment, if desired. 2.3 Installation 2.3.1 System Installation The systems will be installed and put into operation, and all functions and features tested. Minimal configuration adjustments may be required to adapt the system to the City's operational environment; however, most of the configuration will have already occurred during the Build phase. This should minimize cutover time. The installation will occur during off peak hours to minimize operational disruption. The project proceeds with concurrent installation of the ACS-Lite system, upgrade of signals, and switch-over to the ACS-Lite system under basic time-of-day (TOD) scheduled pattern control. Then, additional detector upgrades will be finalized, the controller configurations will be revised (subject to approval of City of Pearland) to meet criteria necessary for adaptive control, and the ACS-Lite 21 - City of Pearland,TX - Adaptive Traffic Signal Improvements configuration will be finalized. Adaptive operations will be enabled and monitored for a short period for quality assurance. The City will be provided with system documentation and trained in a hands-on manner with the live system and/or simulated configurations. In the absence of any hardware upgrades, the deployment process can be as short as six weeks. However, as hardware upgrades are expected and stabilization of new communications infrastructure is an uncertain and variable length effort, a realistic expectation for the duration of the deployment project is three to six months. 2.3.2 Hardware Installation Siemens leverages Siemens Republic ITS for field installation of detection hardware and communications verification. 2.4 System Test and Acceptance After installation and configuration of the Siemens Solution, and verification of communications to the field devices the system is ready for acceptance testing. Siemens will prepare a written acceptance test that demonstrates the features of TACTICS, ACS-Lite, and related software, which will be provided to the City. As personnel from the City of Pearland are trained on the system components, the deployment team will walk personnel with the appropriate authority through an Acceptance Test for the system. This entails inspecting and verifying the proper operation of a series of system features. This checklist is referred to as the Acceptance Test Plan (ATP). Once the City has signed off on their satisfaction of the ATP, the project is considered "substantially complete". 2.5 Warranty, Maintenance, and Support Siemens provides one year of warranty from defects on the system software. The terms of the warranty are specified in detail in the Software License/Warranty agreement. Warranty of equipment (hardware) is subject to separate corresponding terms from each corresponding manufacturer. The warranty term begins on the date of system acceptance. The following describes Siemens additional warranty options available after the standard warranty expires. Level 1 — Basic Priority Support The Level 1 Service Plan provides the customer with telephone and email priority support for one year. Contract holders will be allowed unlimited email and telephone support from the Siemens ITS Technical Support Center. Telephone Support— available 24 hours per day, seven days per week. The Technical Support Desk telephone number is (877) 420-2070. 22 , , City of_Pearland,TX. Adaptive Traffic Signal Improvements ' Email Support— email support is available 24 hours per day, seven days per week. The Technical Support Center email address is STSSupport.mobility@siemens.com. Level 2 — Basic Priority Support with Software Upgrade The Level 2 service plan provides the features listed in the Level 1 service plan as well as remote access support and one year of software updates from date of purchase of support contract for the software application named in the support contract. Remote Access Support is available. A remote access is a connection from the Siemens Technical Support Center to the customer's system workstation/server through a secure virtual connection. The customer has a visible view of operator functions during the connection.-This support is provided with the acceptance that it is the customer's responsibility to provide a secure connection accessible to Siemens Technical Support Center. Software Updates — Maintenance software updates will be provided if available. This update will come as a CD only and does not include additional support for installation of the update. If update support or an on site trip to assist with the update installation is desired, then an optional On Site Trip or Hourly Support will be required. Onsite Support One month of onsite technical support will be provided to ensure the City has the ability to achieve the full benefits of the proposed total solution. 2.6 Training Siemens has defined and proven TACTICS/ACS-Lite training. We will provide an overview of the entire system and a course on ACS-Lite and TACTICS. Each course is outlined below: Overview Course • An overview of the design of the TACTICSIACS-Lite system and the hardware used ti A full description of all the hardware used and its operational features. This includes both central and field equipment Principles of the TACTICSIACS-Lite systems will be explained cn A detailed description and practice in the use of graphic displays • Operational commands will be explained in detail, defining both the format and the function of the commands • Demonstration on data input to the systemdatabase. This is to familiarize attendees with the mechanisms rather than attempt to enter all the system configuration data 'o System configuration will be discussed and will include graphics generation System maintenance philosophy will be explained in detail to cover items such as fault logs and their interpretation, hardware fault displays and their analysis, use of central and field testing, or troubleshooting tools x City of Pearland,TX Adaptive`Traffic Signal Improvements ACS-Lite Course Siemens will provide four days of ACS-Lite onsite training to users and administrators for the City of Pearland. The training will include the following: 2 System Introduction 2 Configuration & Setup „) Is Installation El Status pages i Adaptive operation TACTICS Course Introduction to the principles of TACTICS: • The TACTICS user interface E System configuration including field communications and graphics E Interaction with SCOOT e Controller data upload, edit, and download E Zones and groups of signals 2 Modes and plans and their selection methods r} E Logs and reports ,f E Controller user interface •) E Maintenance procedures and troubleshooting techniques • i Adding signals to the system ) 2.7 Documentation I` ? Siemens will provide hardware, firmware, and system documentation on software/firmware °:. operation (including troubleshooting), system configuration, and all other technical and U reference information related to the system and its operation and maintenance. .j 2.8 Hardware Analysis and Installation � _ Analysis °' Siemens will conduct a thorough analysis of all controllers, detectors, communications, and systems. The definition of the type and location of these system detectors will be documented as the first task. ' Prior to purchase or installation of equipment or software, Siemens will conduct a site survey of detectors and communications. It is imperative that this step is not skipped. The results <..° of the survey will determine if any there is adequate detection for the system to properly ; provide adaptive traffic control. It is critical to the proper functioning of the algorithms of t w• �� s5 -"^. `}1,K'r`E.� �Ab' ay ,f.+N ;t�r .,-Afi�' „.�b, ..`.". 's. City of Pearland;TX Adaptive Traffic Signal Improvements any adaptive system that enough detectors are in the correct locations. After the survey is conducted, Siemens will create a comprehensive document detailing the current state of detectors and make recommendations on new detectors to be added to the system. Siemens will perform a communications validation test of all detectors and controllers in the field to the designated central location. All communications issues need to be resolved by Siemens before installation of the adaptive system occurs. Central Hardware Siemens will provide servers and workstations for the approved configuration. Siemens will perform the following: u Upload the existing controller database to TACTICS 0 Setup and configure intersection and system-wide graphics Populate the signal timing database with existing time parameters ti Coordinate with the City to insure that all new system hardware is compatible with existing City computer network 0 Install and configure the TACTICS, ACS-Lite, and SEPAC software Traffic Signal Hardware Siemens will replace all existing controllers with NEMA compliant m50 controllers with SEPAC firmware. The installation includes setting local signal operating parameters on equipment and integrating the equipment within the system. Siemens will provide and install detection and communication equipment as needed. Siemens will provide the City at least 48 hours notice prior to installation. Installation plans for all new equipment will be provided to the City for approval. Siemens welcomes the City's technical staff to observe, in a training capacity, the installation process so that they can better understand the system and evaluate technical issues that may arise. yC Hai' oqe rverie• City<of Pearland,TX an AdaptiveTr••affic-Signal'Improvements t � 3 Project Management I `; PM@Siemens is a global program that supports the continuous and sustainable improvement of project management processes towards business excellence. Siemens ITS has a methodology by which we structure our projects and business based on our experiences and internationally accepted standards such as International Public Management Association (IPMA) and Project Management Institute (PMI©) and is mandatory for our projects. fi1' The structure of the PM@Siemens program is grounded in multiple milestones as shown in the Figure 6. The City of San Jose can rely on our professional project processes, which are tailored to the size and kind of project. PM@Siemens benefits the City of Pearland by ensuring that projects are managed professionally. Our project managers are empowered to handle the project, the right way, at the right time, and to achieve project goals. We will constantly monitor the quality of work, progress made, risks, and the customer satisfaction level, while incorporating their"ideas and suggestions. PojectezecGt'ion ` j •QG Plant and Soiutisita Pictjecas `R( wzrrn y Project. Pur44i Constc opening` jaian &ma t? dos PMO80 PM100 PM200 PM300 PM400 ." PM550 PM600 PM650 0.4670 Start of Order receipt Approval of Dispatch Mat.and resoui. Constfms1. Release for; Customer Protect ` project clarified detailed planning approval -at site `- completed costa acceptance acceptance_ closure service preparations ♦QG Service.ProjeCt' Project ri . vets Mobi gat Ram opening Traruit+ Hand plan ransform opera PMD80 PM(S)100 PM(S)200 PM(S)300 PM(5)400'-.- -PM(S)600 '% PM(S)6S0 PM(S)670(.. 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' ,:.! ''''''''''''51.,'ftllaki'''''61..0'''''''.i'''''''.41'. .4'.'4'''''/;•-...2...L...... ........,.. '',.2.s,..,...,..2...••-•,.•'-• -.:.z.•..............••.2:.1.:22i.;..-... --....sles.'............22,.........2.7,-...2.........:J.,-....2t....2.2...... . -....2,.......2.,......-.2.2. •..,.....,....i.2-.....,....--4-.... ...2-..22,...........s,..„..........,.., -...,-....•...---,' ....,.., „.....,,,.....,...--................., ,.... ,,,,,,, 3.1 Proposed Project Schedule , • 10 0 ask Name I Duratter I Start I Push L___IMay_20i i I June::',3 j 1._, .. 4,11________ _ A.,1,,st2S 41 v.-,.7•-,>•.1(-31e13 1215.2,..1.1.11 3,:f 27M2131 6 11 14.11/1=317 14 0 ,Pea rtand . 70 days, Mon 5/2I11! Fri 815111 I , C2.1 id a Aii--2 i a '-' -3 days. -1.1a-1/3711t"------1.4378/2/11 4,322 ---i'--Kal-e-15111it7S-e-s1 •--- --- - -lif Ens klat'13711 Fri VI-1M 3 i-- PrZ,7-Eatalagerrent ----- 1 -70 cayi --"v6r,test-r-----Fil wfill i , . ' 1 4 — -13 ajrni irir—-—-----------------— --70-aa-Fs-----.--Moia 512g-it-------rriff.ffif1 !i 4 , 5 Assessment and 1•Gekott 21 days', Mon 512/1-1' Mon 5/30/11 liememmitn 6 1••• PM 080•ProjiaMandonrer 0 days! Mon02111i- 1.13n-E12if 1 #fr2 7 '` - 5,,,ey arod llok-Off-Miedn0 .,..... 7 Ow Mon 518/11, I Draft;moon 3 days 'Wit!6.2Q1-1, - Fil-a27:11 ; rmal Rd 1 day, Mon 5/33111 Mon 5/30:11 , 1 1 i 13 ' 7 n/.1 100•NoJeC Kickoff,Ctarekatte aed Dr-stied SCAfidT -I- 0 eag Min Ei30111i Mon 6'32/11 0 550 • i i T pi1100-Cesign Complete 0 daysi Mon 5/30,111 Mon 5/3ill 4,3230 12 , PM 300-FlanLeao/mrin;1 ffIcChasm9 ComPletal Cti-0216,' - 0 davi! Msn f•••33/11'. - Mon 6/12/11 4 slo 13 corpmardrioamileni - -- '—2f caisr•— The 0/31i11. Tun 6/2E01 j iiii 14 ACS Lite Server ' '0 CaW 'Mon 0/13.61i M-C-ri 8/i3/1 i 0 0.,13 16 NEMA 7S2 Conirclier 0 daiil- f.lan etI3i1 1', Mii,etiliii •6113 10 ' ' Haidelire-Iniegridon 18 days - 'Nig/14/11T Thu 7/7/11 cssoomanip 17 -----Tficen-ff-3;s7r----- ----'' —3-2-4-C-------1114-0Vi4Iff.---------rnis erieli i 63 is , --Ifigrar..TISiiidiiie • "--7-ays. -"h-1.97/1 it----Mae:7.1ff 10 iii;? - 20 afAbs-i-saers -- --'-- --Taii"--- 1,1;163(1-11- ni776/11 21 ! Systern-Siti*--iria-Viiifi-catiiin -31-days'. Ta-1+14,11r-----TiliV3121•1 1 guasmassmaniiismalsacsommasmo • .... "1 ACS-Iiielnsts¢affick-cn server - '2daysl, Tun dIt4/11`i- V1.1619/11 ' IQ - • 23 ri,CliCSTriiiM - -3 C a-17••, Tue ena)fi! Thu 8/16/11 GO 24 • - Cord:gore Detedcrs cn Interseotica-----s- : 3 says; la 1 1! TiTs VT 7.)11 lia 26 Detiii8r-V1.1.-asson 5 e-sys' W46i/13/11, Iasi/12411 GiZ1 20 : --Seam AM-le on System - -6 a'3VS'— •.Vied 7/2011'.- Tee r2vit iZI 27 - '-'''''''-----'''System-turn On'ind Monitaing--- 0 --Fir-8ii- Mon tor ACS Lte cturiv Peak Tire for 1 week 6 days Wed 727f11! Tut 81111.. Onste Vildrisn for le Day ! 3 ens: Wed 3/3111-- Fri 8/0/11 o eiii; ff.si ei11f11 Fff 8V11 - - i 1 3ra31tIg and Do ,. -cumentation 5 days - Wed 707/11 -, Toe 8/2i11 • Voic ,s- -*----4.------Tillnx-'4'rip aracen 1 day Iffa7727/11',-------"-T/V1ii7i2771-1 1 1 -TansTh•-r— ----4. 3 sa-Tra---- -11i-s-7121/11, IcIaWiTti mi Doc...ig-e4, : 1 cla-i --1a113111i-- T.-113ni _ i . !I 1 tiiiem71Zesseasce 1' "Crays, 1 r'r------rxe V11 1 41 86 i T,M131:tTsiiin-e•-Atan-.55..---------------t-------Cliar•-s-------FicE1/5/1.11--------Fi11Vfi ',, •BM • Pace 1 .,,,*51etnerts,2,0113.• Allithts•ritserv-4(1, • , ....,. ., . ...., ,• . , - •,....`, -' - .' •. •„.......- ,•'' '.,.•,_, " •• • . , ,-. „, ,• W,, -''',:i . riiflj City of Pearland,TX Adaptive Traffic Signal'Improvements 4 Pricing Two copies of Exhibit A are included with this proposal. One with video detection and one with Sensys detection. City of Pearland Adaptive Traffic Signal Improvements "EXHIBIT A" ITEM BID UNIT DESCRIPTION OF ITEM AMOUNT UNIT TOTAL NO. QUAN PRICES (IN WORDS AND NUMERALS) PRICES AMOUNT BASE BID ITEMS: ACS-Lite/TACTICS with Sensys Detection Adaptive Traffic System hardware and software for all intersection locations and TACTICS Central System and ACS-Lite Servers complete in place(location TBD by City),complete in place the sum of One Hundred 1 10 INT Thirty Six Thousand Dollars &No Cents $13,663 $136,634 Sensys detection system hardware and software, complete in place,the sum of One Hundred Twelve Thousand Seven Hundred Eighty Seven Dollars &No 2 • 10 INT Cents $11,279 $112,787 Motorola Wireless ethernet communication system with access point, complete in place,the sum of Thirty Six 3 10 INT Thousand One Hundred Seventeen Dollars&No Cents $3,611.67 $36,117 All TACTICS and ACS-Lite Training with.3 Years of Basic Priority Support with Software upgrade*and 30 days onsite support Sixty Four Thousand One Hundred Twenty Two Dollars 4 1 LS &No Cents $64-,122 $64,122 * refer to proposal for more details Bidder's Initials: *as conditioned on our cover letter. 0030 Exhibit A • City of Pearland Adaptive Traffic Signal Improvements "EXHIBIT A" ITEM BID UNIT DESCRIPTION OF ITEM AMOUNT UNIT TOTAL NO. QUAN PRICES(IN WORDS AND NUMERALS) PRICES AMOUNT BASE BID ITEMS: ACS-Lite/TACTICS with Video Detection Adaptive Traffic System hardware and software for all intersection locations and TACTICS Central System and ACS-Lite Servers complete in place (location TBD • by City), complete in place the sum of One Hundred Thirty Six Thousand Dollars & 1 10 INT No Cents $13,663 $136,634 Video detection system hardware and software, complete in place,the sum of One Hundred Seventy 2 10 INT Seven Thousand Six Hundred Fifty Dollars.&No Cents $17,765 $177,650 Motorola Wireless ethernet communication system with access point,complete in place,the sum of Thirty Six 3 10 INT Thousand One Hundred Seventeen Dollars&No Gents $3,611.67 $36,117 All TACTICS and ACS-Lite Training with 3 Years of Basic Priority Support* Thirty Four Thousand One Hundred Twelve Dollars & 4 1 LS No Cents $34,112 $34,112 * refer to proposal for more details *as conditioned on our cover letter. Bidder's Initials: 00300 xhibit A City of Pearland,TX Adaptive Traffic S, ign a Improvements • 4.1 Payment Schedule Project Payment Plan' Iyl V 4 ,.. Payment ` Percentage Month • Application Description { • of Total; • Contract: Current Number •- -Value Schedule:` - - Project Deployment , 1 ° May Travel and expenses to complete a site survey and 20/o Project Kick Off Equipment Procurement 2 Materials for the project are purchased and ready to be 35/° June installed. Hardware Integration July 3 Hardware Installed, Controllers Upgraded and Database 15°/° Upgraded. System Set Up and Verification • ° 9 4 ACS Lite installed on Server, detector validation, all 20/° Au ust configuration complete Training, Documentation, Final Acceptance 5 Training Complete, Documentation Delivered, and 10% September System Accepted by Customer d � f i��'1�6 FT4 flsL�.J F.f i S Z9 1:1.) ri. anc. tal 5h) ryieni City of Pearland,TX Adaptive Traffic Signal'lmprovements .. 7 5 Financial Statement i This section contains a copy of Siemens 2010 Financial Statement. I I • • •i } Kt h is a te?' ?AJ g cai.Or,gyy 0 -fT� 30 City of Pearland Adaptive Traffic Signal Improvements BID TABULATION Rhythm Engineering Base Rhythm Siemens (Video) Engineering ALT Base (Video) Siemens ALT (Sensys) ITEM DESCRIPTION OF ITEM AMOUNT BID UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. PRICES (IN WORDS AND NUMERALS)- UNIT QUAN PRICES AMOUNT PRICE AMOU PRICES AMOUNT PRICES AMOUNT , BASE BID ITEMS: Adaptive Traffic System Hardware for all 1. intersection location, complete in place, INT 10 the sum of $32,018.03 $320,180.34 $13,663.40 $136,634.00 $13,663.00 $136,634.00 Standard camera mounting hardware for 2. all intersections, complete in place,the LS 1 sum of $468.52 $19,677.98 $177,650.00 $177,650.00 $112,787.00 $112,787.00 7"LCD Monitors, integrated USB 3. mouse/keyboard for all intersections, LS 1 complete in place,the sum of $700.00 $7,000.00 $0.00 $0.00 $0.00 $0.00 Power and cables from cameras to 4. cabinet for all intersections,complete in LS 1 place,the sum of $39,262.35 $39,262.35 $34,112.00 $34,112.00 $64,122.00 $64,122.00 Pedestrian optimization feature per 5. intersection,complete in place,the sum EA 3 of $5,000.00 $15,000.00 $0.00 $0.00 $0.00 $0.00 Wireless ethernet communication 6. system,complete in place,the sum of EA 10 $5,058.89 $50,588.94 $3,611.70 $36,117.00 $3,611.70 $36,117.00 Total $451,709.61 1$346,150.001 $384,513.00 $349,660.00 *This does not include communications or installation. Not comparable with either alternates. Project Manual for: Adaptive Traffic Signal Improvements FM 518 (Kirby Dr Sunrise Lakes Dr) Bid No.: 0311 -17 March 2011 Prepared By: City of Pearland Project Manual for: Adaptive Traffic Signal Improvements FM 518 (Kirby Dr Sunrise Lakes Dr) Bid No.: 0311 -17 March 2011 Prepared By: City of Pearland SECTION TITLE CITY OF PEARLAND BRAZORIA COUNTY, TEXAS TABLE OF CONTENTS DIVISION 0 BIDDING AND CONTRACT. DOCUMENTS NO. OF PAGES 00100 Invitation to Bid 1 00202 Instructions to Bidders 7 Exhibit A Selection Criteria, Qualification Statement 5 00300 Bid Proposal 2 Exhibit 1- Map and Intersection Locations 2 00500 Standard Form of Agreement 7 00610 Performance Bond 2 00611 Payment Bond 2 00612 One -Year Maintenance Bond 2 00615 Partial Waiver of Lien 1 00700 General Conditions of Agreement 36 Attachment No. 1 3 Attachment No. 2 4 Attachment No. 3 10 00800 Special Conditions of Agreement 9 00811 Wage Scale for Engineering Construction 4 DIVISION 1— GENERAL REQUIREMENTS 01100 Summary of Work 2 01140 Contractor's Use of Premises 4 01200 Measurement and Payment Procedures 3 01290 Change Order Procedures 4 01310 Coordination and Meetings 3 01350 Submittals 6 01380 Construction Photographs 3 01420 Referenced Standards 5 01430 Contractor's Quality Control 2 01440 Inspection Services 1 01450 Testing Laboratory Services 2 01500 Temporary Facilities and Controls 9 01550 Stabilized Construction Exit 4 01555 Traffic Control and Regulation 4 01562 Waste Material Disposal 3 01563 Tree and Plant Protection 4 01565 TPDES Requirements 3 01566 Source Controls for Erosion and Sedimentation 5 01600 Material and Equipment 3 01630 Product Options and Substitutions 3 00010 1 of 2 CITY OF PEARLAND TABLE OF CONTENTS 01720 Field Surveying 2 01750 Starting Systems 2 01760 Project Record Documents 2 01770 Contract Closeout 2 DIVISION 2 SITE WORK 02200 Site Preparation 4 02220 Site Demolition 5 02762 Temporary and Removable Reflectorized Pavement Marking 4 02770 Curb, Curb Gutter, and Headers 4 02811 Landscape Irrigation 5 02820 Wood Fences and Gates 3 02821 Chain Link Fences and Gates 4 02910 Topsoil 3 02921 Hydromukh Seeding 4 02922 Sodding 4 02931 Landscape and Tree Planting 15 02980 Pavement Repair and Resurfacing 3 02981 Blast Cleaning of Pavement 2 02990 Adaptive Traffic Control System 4 Note: All Specifications italicized are referenced and shall be considered part of the Contact Documents and can be found on the City's website in the Engineering Dept, page; http: /cityofpearland.or /index. asp ?Type =B BASIC &SEC= (80D1D73A- EOEC- 4FC2- A93A- 16004CB93E13} END OF SECTION 00010 2 of 2 CITY OF PEARLAND INVITATION TO BID NOTICE TO BIDDERS CITY OF PEARLAND, TEXAS Sealed bids will be received, in duplicate, referencing the following project in the office of the City Secretary, City of Pearland, City Hall located at 3519 Liberty Drive, Pearland, Texas 77581 until 2:00 p.m., Thursday, March 24, 2011, at which time they will be publicly opened and read aloud for the construction of: Adaptive Traffic Signal Improvements FM 518 (Kirby Dr. Sunrise Lakes Dr.) City of Pearland, Texas COP Bid Number: 0311 -17 A mandatory pre -bid conference will be held at the City of Pearland, City Hall located at 3519 Liberty Drive, Pearland, Texas 77581 at 2:00 p.m. on Tuesday, March 15, 2011. The project will entail the installation of an adaptive traffic signal control system, including communications where needed. Copies of Contract Documents and Technical Specifications and Plans are available for viewing at the City of Pearland's Purchasing Office, in City Hall located at 3519 Liberty Drive Pearland, Texas 77581, phone (281) 652 -1755; and may be downloaded from the City website: cityofpearland.com Bidders should note that this is a competitive sealed proposal, and that base bid price is one of four evaluation criteria that will be applied to select the successful bidder (see Section 00200 Exhibit A for full listing of evaluation criteria). Bid Security in the foinr of Cashier's Check, Certified Check, or Bid Bond payable to the City of Pearland in the amount of 5% of the total base bid price must accompany each proposal. The successful bidder shall be required to furnish Performance and Payment Bonds in the amount of one hundred percent (100 of the contract price. The successful bidder shall be required to provide a one year Maintenance Bond for the improvements installed as part of this work. No bid may be withdrawn or terminated for a period of sixty (60) days subsequent to the bid opening date without the consent of the City of Pearland. A bid that has been opened may not be changed for the purpose of correcting an error in the bid price. The City of Pearland reserves the right to reject any or all bids. Young Lorfing, TRMS City Secretary, City of Pearland First Publication date March 9, 2011 Second Publication date March 16, 2011 03/2011 00100 1 of 1 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS Section 00202 INSTRUCTIONS TO BIDDERS 1. Defined Teuus The tern "Bidder" means one who submits a Bid Proposal directly to Owner, as distinct from a sub bidder, who submits a bid to a Bidder. The term "Successful Bidder" means the bodder that provides the best value for the Owner, to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award. The term "Bidding Documents" includes the Invitation to Bid, Instructions to Bidders, the Bid Proposal form, and the proposed Contract Documents (including all Addenda issued prior to receipts of bids). All other definitions set out in the Contract Documents are applicable to terns used in the Bidding Documents. Unless otherwise expressly provided herein, all references to "day(s)" shall mean calendar day(s). Copies of Bidding Documents 2.1 Complete sets of Bidding Documents in the number and for the deposit sum stated in the Invitation to Bid may be obtained from the Engineer. 2.2 Complete sets of Bidding Documents must be used in preparing Bid Proposals; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. 2.3 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bid Proposals on the Work, and do not confer a license or grant for any other use. 3. Qualifications of Bidders 3.1 In determining to whom to award a contract, the City of Pearland will consider, in addition to the other selection criteria identified in Section 15 of these Instructions to Bidders, the following Minimum Qualifications of Bidder which shall be submitted with the Competitive Sealed Proposal. 1) A brief narrative of previous experience of the Bidder with projects of a similar nature and scope; 2) A list, including owner name and project location, of on -going projects and contracts for construction of projects of the Bidder which are not yet substantially complete; 3) A list of proposed subcontractors and suppliers for the project being bid; 4) A list of name, address and telephone number of references for projects completed by Bidder; and 5) A Financial Statement of Bidder, consisting of the balance sheet and annual income statement of Bidder for the Bidder's last fiscal year end preceding the submission of the Bid Proposal, which has been audited or examined by an independent certified public accountant. The Financial Statement of 122009 00202 1 of 7 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS Bidder shall be used to determine a Bidder's net working capital, which is defined as current assets less current liabilities. A Bidder's net working capital shall be considered evidence of the Bidder's ability to provide sufficient financial management of the project being bid. The Bidder's Financial Statement shall be clearly and conspicuously marked as "confidential and shall be deemed and treated as confidential and excepted from the Public Infonnation disclosure requirements of Texas Government Code Section 552.001 et seq., as such information, if released, would give advantage to a competitor or bidder, and /or would cause substantial competitive harm to Bidder. 4. Examination of Contract Documents and Site 4.1 It is the responsibility of each Bidder before submitting a Bid Proposal, to (a) examine the Bidding Documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the Work, (c) consider federal, state and local laws and regulations that may affect cost, progress, performance or furnishing of the Work, (d) study and carefully correlate Bidder's observations with the Contract Documents, and (e) notify Engineer of all conflicts, errors, omissions or discrepancies in the Contract Documents. 4.2 Any reports of explorations and tests of conditions at the site which have been utilized by the Engineer in preparation of the Contract Documents will be made available to Bidders for review, CONTRACTOR may rely upon the general accuracy of the "technical data" contained in these reports but such reports are not part of the Contract Documents. Bidder may not and should not rely upon the accuracy of the data contained in such reports, interpretations or opinions contained therein, or the completeness thereof, for the purposes of bidding or construction. 4.3 Infonnation and data reflected in the Contract Docruents with respect to underground utilities, equipment or other underground facilities at or contiguous to the site is based upon information and data furnished to Owner and Engineer by owners of such underground facilities or others, and Owner does not assurne responsibility for the accuracy or completeness thereof. 4.4 Before submitting a Bid Proposal, each Bidder will, at Bidder's own expense, make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information and data which pertain to the physical conditions (surface, subsurface and underground facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or famishing of the Work and which Bidder deems necessary to determine its Bid Proposal prices for performing and furnishing the Work in accordance with the Contract Time, Contract Price and other terms and conditions of the Contract Documents. 122009 00202 2 of 7 CITYOFPEARLAND INSTRUCTIONS TO BIDDERS 4.5 On request in advance, Owner will provide each prospective Bidder access to the site to conduct such explorations and tests as each prospective Bidder deems necessary for submission of a Bid Proposal. Prospective Bidders shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. 4.6 The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment are to be provided by Contractor. Easements for permanent structures or permanent changes in existing structures are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents. 4.7 The submission of a Bid Proposal will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid Proposal is premised upon performing and furnishing the Work required by the Contract Documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the Contract Documents, and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 5. Interpretations and Addenda 5.1 All questions about the meaning or intent of the Contract Documents are to be directed to Engineer. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than five (5) days prior to the date for opening of Bid Proposals may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 5.2 Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or Engineer. 6. Bid Security 6.1 Each Bid Proposal must be accompanied by bid security made payable to Owner in an amount of five percent (5 of the Bidder's maximum Bid Proposal price, and in the form of a certified check, cashier's check or a Bid Bond "Bid Security 6.2 The Bid Security of the Successful Bidder will be retained until such Bidder has executed the Standard Fonn of Agreement, and furnished the required [22009 00202 3 of 7 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 7. Contract Time Performance and Payment Bonds, whereupon the Bid Security will be returned. If the Successful Bidder fails to execute and deliver the Standard Form of Agreement and furnish the required performance and payment bonds within ten (10) days after the Notice of Award, Owner may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of other Bidders will be retained until after the Contract is awarded and the Standard Form of Agreement becomes effective, or all bids are rejected, whereupon Bid Security fiirnished by such Bidders will be returned. The number of days in which the Work is to be Substantially Completed, as set forth in the Bid Proposal fonn and the Standard Form of Agreement, subject to such extension of time as may be due under the tenns and conditions of the Contract Documents "Contract Time 8. Liquidated Damages and Early Completion Bonus Provisions for liquidated damages and early completion bonus, if any, are set forth in the Standard Form of Agreement. 9. Substitute or "Or- Equal" Items The Contract, if awarded, will be on the basis of the selected materials and equipment described in the Plans or specified in the Specifications without consideration of possible substitute or "or- equal" items. Whenever it is indicated in the Plans or specified in the Specifications that a substitute or "or- equal" item of material or equipment may be furnished or used by the Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Agreement becomes effective. All "or- equal" references shall be interpreted to mean "or approved equal The procedure for submission of any such application by Contractor and consideration by Engineer is set forth in the Contract Documents. 10. Bid Form 10.1 The Bid Proposal form (Section 00300 Bid Proposal) is included with the Bidding Documents; additional copies may be obtained from Engineer (or the issuing office). 10.2 All blanks on the Bid Proposal form must be completed in ink or by typewriter. The Bidder shall bid all Alternates, if any. The Bidder shall initial each page of the Bid Proposal form. 10.3 Bid Proposals by corporations must be executed in the corporate name by the president or a vice- president (or other corporate officer accompanied be evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. 122009 00202 4 of 7 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 10.4 Bid Proposals by partnerships must be executed in the partnership name and signed by a general partner, whose title must appear under the signature, and if a corporate general partner, executed as required above for corporations, and the official address of the partnership must be shown below the signature. 10.5 All names must be typed or printed below the signature. 10.6 The Bid Proposal shall contain an acknowledgment of receipt of all Addenda (the number of which must be filled in on the Bid Proposal form). 10.7 The address and telephone number for communications regarding the Bid Proposal must be shown on the Bid Proposal form. 11. Submission of Bid Proposals The place, date and /or time designated for opening Bid Proposals may be changed in accordance with applicable laws, codes and ordinances. Bid Proposals shall be submitted in duplicate at the time and place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope marked with the Project title and name and address of the Bidder and accompanied by Bid Security. If the Bid Proposal is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation 'BID ENCLOSED" on the face of it. Verbal, facsimile, or electronic bids are invalid and will not be considered. Bid Proposals submitted after the bid date and time will be returned to the Bidder unopened. 12. Modification and Withdrawal of Bid Proposals 12.1 Bid Proposals may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid Proposal must be executed) and delivered to the place where Bid Proposals are to be submitted at any time prior to the opening of Bid Proposals. A Bidder may not modify or withdraw its Bid Proposal by verbal, facsimile or electronic means. A withdrawn Bid Proposal may be resubmitted prior to the designated time for opening Bid Proposals. 12.2 If, within twenty -four (24) hours after Bid Proposals are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material mistake in the preparation of its Bid Proposal, that Bidder may request to withdraw its Bid Proposal and the bid security may be returned or forfeited at the discretion of the Owner. Thereafter, that Bidder will be disqualified from further bidding on the Project to be provided under the Contract Documents. 13. Opening of Bid Proposals 122009 00202 5 of 7 CITY OFPEARLAND INSTRUCTIONS TO BIDDERS Bid Proposals will be opened and (unless obviously non responsive) read aloud publicly. An abstract of the amounts of the base Bid Proposals and major alternates (if any) will be made available to Bidders after the opening of Bid Proposals. Bid Proposals, in their entirety, shall be open for public inspection after the contract is awarded, with the exception of any trade secrets or confidential information contained therein, provided Bidder has expressly identified any specific information contained therein as being trade secrets or confidential information. 14. Bid Proposals to Remain Subject to Acceptance All Bid Proposals will remain subject to acceptance for sixty (60) days after the day of the Bid Proposal opening, but Owner may, in its sole discretion, release any Bid Proposal and return the bid security prior to that date. 15. Award of Contract 15.1 Owner reserves the right to reject any and all Bid Proposals, to waive any and all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder. Owner may reject a bid as non responsive if: 1) Bidder fails to provide required Bid Security; 2) Bidder improperly or illegibly completes or fails to complete all information required by the Bidding Docmnents; 3) Bidder fails to sign the Bid Proposal or improperly signs the Bid Proposal; 4) Bidder qualifies its Bid Proposal; 5) Bidder tardily or otherwise improperly submits its Bid Proposal; 6) Bidder fails to submit the Qualifications of Bidder as required under section 3 of these Instructions to Bidders; or 7) Bid Proposal is otherwise non responsive. In determining the best value for the Owner, and in determining to whom to award a contract, Owner will evaluate the infonnations derived from the Bidder Qualification Statement, in addition to the information on the proposal form and other selection criteria including but not limited to the Selection Criteria in Exhibit A. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 15.2 In evaluating Bid Proposals, Owner will consider the Qualifications of the Bidders, whether or not the Bid Proposals comply with the prescribed requirements, and such altemates, unit prices and other data, as may be requested in the Bid Proposal fonn or prior to the Notice of Award. 15.3 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid Proposal and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, suppliers and other persons and organizations to perform and furnish the Worlc in accordance with the Contract Documents, to Owner's satisfaction, within the Contract Time. 122009 00202 6 of 7 CITY OF PEARLAND INSTRUCTIONS TO BIDDERS 15.4 The contract is to be awarded to the Offeror that offers the best value for the Owner based on the published selection critieria and on its ranking. 15.5 The Owner may modify the scope of work or Contract time and negotiate a price change associated with any modification 16. Contract Security When the Successful Bidder delivers the executed Standard Faun of Agreement to Owner, it must be accompanied by the Perfoiuuance, Payment, Maintenance and Surface Correction Bonds required by the Contract Documents. Bonds may be on the forms provided herein or an equal form containing no substantive changes, as determined by Owner. 17. Signing of Agreement When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Standard Form of Agreement, and the required Perfo mance and Payment Bond forms Within ten (10) days thereafter Contractor shall sign and deliver the required number of counterparts of the Standard Form of Agreement to Owner with the required Bonds. Within ten (10) days thereafter, Owner shall deliver one frilly signed counterpart to Contractor. There shall be no contract or agreement between Owner and the Successfiul Bidder until proper execution and attestation of the Standard Form of Agreement by authorized representatives of the Owner. 18. Pre -bid Conference A pre -bid conference will be held as indicated in the Invitation to Bid. Attendance at the pre -bid conference is mandatory. 19. Retainage Provisions concerning retainage are set forth in the Contract Documents. END OF SECTION 122009 00202 7 of 7 EXHIBIT "A" SELECTION CRITERIA DETERMINATION OF SUCCESSFUL RESPONDENT AND AWARD OF CONTRACT A. In determining the Selected Offeror, the Owner will evaluate the information derived from the offeror's (Contractor's) Qualification Statement required herein, the information submitted on the Proposal Form, and other selection criteria including, but not limited to the following: Criteria Source Scoring Procedure Score Factor Total Base Proposal Proposal Offeror to submit their Competitive Sealed 45 1 45 Form Proposals on the forms included in the Project Manual. If alternates are proposed, mark -up base -bid with reduction to base bid amount for proposed alternates. Low Price 45 pts. For subsequent Offeror's, the low Offeror price shall be divided by the Subsequent Offeror's price to get a percentage (factor) that is multiplied by the score to get the total. 2. Project Proposal The Project Plan or Approach proposed: 30 1 30 Approach Information a. Quality and clarity of Offeror's workplan; b. Extent to which the goods and services meet the City's needs; c. Offeror's schedule; d. Service Resources. Responses are scored as follows: Excellent 30 pts; Very Good 20 pts; Average 15 pts; Fair 10 pts; Poor 0 pts. 3. Past References City of Pearland Officials are asked to rate the 5 1 5 Relationship contractor. with City of Responses are scored as follows: Pearland Excellent 5 pts; Very Good 4 pts; Average 2 pts; Fair 1 pts; Poor/No past relationship 0 pts. Points for multiple references are averaged. 4, Offeror Qualification Offeror will be evaluated on the following: 20 1 20 Qualifications Statement a. Reputation; b. Demonstrated knowledge of local conditions; c. Assigned Project Manager. Responses are scored as follows: Reputation: Excellent 5 pts; Very Good 4 pts; Average 2 pts; Fair 1 pts; Poor 0 pts. Demonstrated knowledge of local conditions: Excellent 10 pts; Very Good 8 pts; Average 5 pts; Fair 2 pts; Poor 0 pts. Assigned Project Manager: Excellent 5 pts; Very Good 4 pts; Average 2 pts; Fair 1 pts; Poor 0 pts. Total Possible Score 100 100 00202 Exhibit A QUALIFICATION STATEMENT USE THE ATTACHED FORM FOR SUBMISSION WITH YOUR BID. (ATTACH ANY INFORMATION WHERE SPACE WAS INADEQUATE OR AS YOU DEEM NECESSARY FOR YOUR SELECTION AS THE SUCCESSFUL BIDDER TO THIS FORM) QUALIFICATION STATEMENT TO BE COMPLETED AND SUBMITTED WITH THE BID: Submitted to: The City of Pearland Siemens Industry, Inc., Mobility Division, Complete Transportation, By: Intelligent Traffic Solutions (Business Name) Principal Office: Address: Phone Number: Austin, Texas 512 837 -8310 Fax Number: 512 -837 -0196 The signatory of this questionnaire guarantees the truth and accuracy of all statements and of all answers to interrogatories hereinafter made. 1. How many years has your organization been in business as a general contractor under your present business name? 2. How many years experience in this type of construction work has your organization had: (a) as a general contractor? 85 vears (b) as a subcontractor? .3. What projects has your organization completed? Contract Name of Amount Project 8004 Cameron Road, Austin, Texas 78754 18 months 85 years Brief Project Description PAGE 2 QUALIFICATION STATEMENT When Name /Address Completed Phone No. of Owner Kevin Newton, Traffic Engineer, Anne Arundel County, Maryland, 44 Calvert, $135k* Riva Road Arterial in Anne Arundel, Maryland ACS -Lite Deployment December 2010 Anapolis, MD 21401 410 222 -7331 Kirk Houser, Traffic Engineer, City of Tyler, Texas, 423 W. Ferguson, $180k* South Broadway in Tyler, Texas ACS -Lite Deployment June 2008 Tyler, TX 75702, 903-531-1201 City of Pickerington, Ohio, Scott Seaman, Traffic Services Manager, W.E. Stilson Consulting Group, 355 E. Campus View Rd., $120k* Hill Rd. (SR 256) in Pickerington, OH ACS -Lite Deployment May 2009 Columbus OH 43235 614- 847 -4670 These amounts are for the ACS -Lite portion of the project and do not include additional project costs. 4. Have you ever failed to complete any work awarded to you? No If so, where and why? Have you completed any projects within a 10 -mile radius of this project? If so, when, where, what? 6. The work, if awarded to you, will have the personal supervision of whom? a. For Administrative Management? b, For Construction Superintendence? Del Nichols, Project Manager Del Nichols, Project Manager c, What experience does the designated construction superintendent have in this type of work? Project Manager Del Nichols has 30+ years in project management experience. 7. What portions of the work do you intend to sublet? List the names of potential subcontractors which you have sublet this type of work before or intend to sublet the work to, include the et Manager associated with the potential subcontractors.. teris Installation of video equipment Nadar Ayoub, PE, Project Manager PAGE3 QUALIFICATION STATEMENT No Del Nichols, Project Manager Quantity Item Description, Size Capacity, Etc, Condition Siemens ITS owns all necessary equipment needed to adequately complete this project. PAGE 4 QUALIFICATION STATEMENT 8. What equipment do you own that is available for the proposed work? What equipment do you lease that is available for the proposed work? (Provide leasing agent contact information) Service Location 9. Do you have adequate bantling capacity to provide a performance bond and a labor and material payment bond for this project? What is your available bonding capacity? Yes, Siemens can adequately fulfill the bonding requirements for this proposal. 10. List the Construction Projects your organization has underway on this date followed by Comtruction Projects your organization has been awarded but construction has not yet begun. Contract Type Percent Name /Address /Phone Number Engineer Contact/ Amount of Worlc Completed of Owner or Contracting Officer Phone Number Siemens as a global enterprise has many on -going and awarded projects. We have provided the relevant project experience within this proposal. We would be happy to discuss any of our projects on -going worldwide at your request. CITY OF PEARLAND ADDENDUM Section 00901 ADDENDUM NO. 1 Date: March 15, 2011 PROJECT: BID NO.: BID DATE: FROM: Adaptive Traffic Signal Improvements 0311 -17 March 24, 2011 at 2pm City of Pearland Andrea Broughton, PE Assistant City Engineer To: Prospective Bidders and Interested Parties This addendum forms a part of the bidding documents and will be incorporated into the Contract Documents, as applicable. Insofar as the original Contract Documents, Specifications, and Drawings are inconsistent, this Addendum shall govern. Please acknowledge receipt of this Addendum on both copies of the Bid Proposal form, Section 00300 submitted to the City of Pearland. FAILURE TO ACKNOWLEDGE RECEIPT OF ADDENDA ON THE BID PROPOSAL FORM MAY BE CAUSE FOR DISOUALIFICATION. CONTRACT DOCUMENTS: 1. Please replace Section 00300 pl of 2 with attached. 2. Please replace Section 00500 p1 of 7 with attached. ADDITIONAL INFORMATION: 1. Please find attached the inventory sheets for the intersections on FM 518 from SH 288 Sunrise Lakes Blvd. 07/2006 END OF ADDENDUM NO. 1 00901 1 of 1 CITY OF PEARLAND BID PROPOSAL Section 00300 BID PROPOSAL Date: Bid of an individual proprietorship a corporation organized and existing under the laws of the State of Texas a partnership consisting of for the construction of: Adaptive Traffic Signal Improvements FM 518 (Kirby Dr Sunrise Lakes Dr City of Pearlaud, Texas BID NO.: 0311 -17 (Submitted in Duplicate) To: The Honorable Mayor and City Council of Pearland City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Pursuant to the published Invitation to Bidders, and Instructions to Bidders, the undersigned Bidder hereby proposes to do all the work and furnish all necessary superintendence, labor, machinery equipment, tools and materials, and whatever else may be necessary to complete all the work described in or reasonably inferable from the Contract Documents for the construction of the Adaptive Traffic Signal Improvements with all related appurtenances, complete, tested, and operational, in accordance with the Plans, and Specifications prepared by the City of Pearland. 11 is understood that, in the event any changes are ordered on any part of the Work, the applicable unit prices bid shall apply as additions to or deductions from the total prices for the parts of the Work so changed. The Bid Security required under the Instructions to Bidders is included with this Bid Proposal. The Bidder agrees to submit to the Owner the Qualifications of Bidder, including the Financial Statement of Bidder, as required by the Instructions to Bidders if requested to do so as a condition of the Bid review. The Bidder binds himself, upon acceptance of his proposal, to execute the Standard Form of Agreement and furnish a Performance Bond and a Payment Bond, each in the amount of one hundred percent (100 of the total Contract Price, according to the forms included in the Contract Documents, for performing and completing the said work within the time stated and for the prices stated in Exhibit "A" of this proposal. The undersigned Bidder agrees to commence work within 10 (ten) days after the date of a written notice to commence work. It is understood that the Work is to be Substantially Complete within 60 (sixty) days after the date of the notice to commence work. Time for Substantial Completion shall begin on the date established by the notice to commence work. The Contractor will pay Bidder's Initial's: 06/2008 00300 1 of 2 ADDENDUM #l. CITY OF PEARLAND THIS AGREEMENT is by and between City of Pearland (hereinafter called OWNER or City) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all work as specified or indicated in or reasonably inferable from the Contract Documents (hereinafter the "Work The Work is generally described as follows: Article 2. ENGINEER Article 3. CONTRACT TIME 02/2008 STANDARD FORM OF AGREEMENT Section 00500 STANDARD FORM OF AGREEMENT Adaptive Traffic Signal Improvements FM 518 (Kirby Dr Sunrise Lakes Dr) City of Pearland, Texas BID NO.: 0311 -17 The Work has been designed by prepared by the City of Pearland who is hereinafter called ENGINEER and who is to assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 3.1 The Work will be Substantially Complete (as defined in Article 1 of the General Conditions) within sixty (60) days (including weekends and holidays) from the date when the Contract Time commences to run as provided in paragraph 5.01 of the General Conditions (as revised in the Special Conditions if applicable), and completed and ready for Final Payment within ninety (90) days from the date when the Contract Time commences to run. No work will be allowed on Sundays. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 5 of the General Conditions. OWNER and CONTRACTOR also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER eight hundred dollars ($800.00 for each day that expires after the time specified hi paragraph 3.1 for Substantial Completion until the Work is substantially complete. After 00500 1. of 7 ADDENDUM #1 Traffic Signal Inventory 5, FM 518 at SIi 288 Frontage Roads Pearland TxDOT Traffic Signal Takeover WILBUR SMITH ASSOCIATES TEAM 23 l P a g e Signal Inspection Report FM 518 SH 288 Frontage Roads Item Num /Type /Mfgr Condition /Discrepancy Comment /Resolution Controller Cabinet Shell /Cabinet EAGtET52 Good Controller EAGLE M415 Eagle M305 Good Monitor EDI MMU -165 Good Conduits n/a Good Wiring Condition n/a Excess cable Reduce amount of excess cable In cabinet Breaker Panel n/a Good Foundation n/a Good Preemption opticom 754 Good Poles Mast Arms Most Arms Grip loop good Hand Hole n/a Good Signal Height n/a Good Strain Poles None Stain Wires n/a Signal Cable n/a Signal Height n/a Signal heads LED Color Check Good Visors Ma Good Consistent colors n/a L3- Yellow,14ack Bookplates n/a Missing bookplates EST 01 (at NUR), NBT111 &2, WST 02 fat NBER) Mlssing backplates fpralisi¢nals at 5BFR Replace missing backplates uniformly Ped signals Not present Heads n/a Detection n/a Pull Boxes Primary full of water Assure proper drainage Conduit n/a Good Cable n/a Good Installation n/a Good Lids Steel /Polymer concrete Primary- steel, Secondary- concrete Replace steel lid or assure proper grounding Electrical Service Unknown Labels 0/5 Locks n/a Condition n/a Luminaire Photo cells 0/a Functional 0/a S Walipacks- all functional Detection VIVDS Autoscopecackvislon Video Detection Processor Cameras 4 cameras Programming n/a Good Performance n/a Good Loops No loops Amplifiers Continuity n/a Performance n/a Signs and Markings Left Turn signs n/a Good Ped Signs n/a n/a Cross walks atop Bar n/o Good Arrrows n/a Good Street Name Signs Good Communications Hardwire Interconnect c/a outgoing cabin to east 55 Radio 5re0ent Documentation As-eulo Plans it Not Present Timing Sheets n/a Present E lectrical wiring diagram also present Use back of form for sketches and additional notes Notes: City of Pearland TxDOT Signal Takeover 2010 City of pearland Signal Inspection Report S_FM 518 54 288 Frontage Roads.xis FM 518 at SH 288 Frontage Roads Pear land TxDOT Traffic Signal Takeover WILBUR SMITH ASSOCIATES TEAM 251Page Peariand TxDOT Traffic Signal Takeover 6. CR 59 (Airline -Fort Bend Road) at SH 288 Frontage Roads WILBUR SMITH ASSOCIATES TEAM 26 P a g e Signal Inspection Report CR 59 (Airline -Fort Bend Road SH 288 Frontage Roads Item Nu m/Type/Mfgr Condition /Discrepancy Comment /Resolution Controller Cabinet Shell /Cabinet EAGLE TS2 Good Controller EAGLE M415 Good Monitor EDI MMU-515 Good Conduits n/a Good Wiring Condition n/a Good Breaker Panel n/a Good foundation n/e Good Preemption 5/0 Poles Mast Arms Mast Arms Drip loop good Hand Hole n/o Good Signal Height n/a Good Strain Poles None Stain Wires n/e Signal Cable n/a Signal Height n/0 Signal heads LED Color Check n/a Good Visors n/a Good Consistent colors n/a 14-Black Bookplates n/a Good, Black with black bookplates Ped signals Not present Heads Era Detection 51/5 Pull Boxes Conduit n/e Good Cable n/a Good Installation n/e Good Lids Polymer Concrete Good Electrlml Service Labels n /a. Good Locks n/a Good Condition n/a Good Luminahe Photocells n/a Functional n/a 8 Wallpacks 5 functional, 3 nonfunctional repair nonfunctioning luminaires Detection 50055 Video Detection Processor TRANCON VIP /3 5.2 A4 processor missing Replace processor Cameras Good Programming n/a Good Performance n/a A4 on max recall Loops Amplifiers No Loops Continuity n/a Performance n/a Signs end Markings Left Turn signs n/a Good Ped Signs n/a n/a Cools -walks Stop Bar n /a. Good Mrrows n/a Good Street Name Signs Good Communications Hardwire interconnect n/a Not present SS Radio None Documentation As -Built Plans n/a Not Present Timing Sheets n/a Present Electrical wiring diagram also present Use back of form for sketches and additional notes Notes: City of Peal TxOOTSfgnel Takeover- 2010 City of Pearland Signal Inspection Report 6_CR 59 SH 288 Frontage Roads.xis Traffic Signal Inventory CR 59 (Airline -Fort Bend Road) at St-1288 Frontage Roads Pearland TxDOT Traffic Signal Takeover WILBUR SMITH ASSOCIATES TEAM 28 1 P a g e Pearland TxDOT Traffic Signal Takeover 7. FM 518 at CR 94 W (Smith Ranch Road) WILBUR SMITH ASSOCIATES TEAM 29 1 P a g e Signal Inspection Report FM 518 CR 94 W )Smith Ranch Road) Item Num /Type /Mfgr Condition /Discrepancy Comment /Resolution Controller Cabinet Shell/Cohlnet EAGLE T52 Ants inside Needs cleaning Controller EAGLE1441S Good Monitor EDI MMU -168 Good Conduits Oa Sealed Good Wiring Condition n/8 Good Breaker Panel n/6 Good Foundation 0/8 Good Preemption OPTICOM 754 NB and EB detection only, WBRX AIMED ER Re -aim WB recur Poles Mast Arms No Mast Arm Hand 81016 n/a Signal Height n/a Strain Poles Steel Stain Wires n/a Good SignalCable n/a Good Signal Height n/8 Good Signal heads LED Color Check Good Visors n/a Good Consistent colors we 10- Yellow Bookplates n/8 Yellow signals with black bookplates Pod signals p8- Audible pad buttons, Other phases Regular ped signals and push buttons No ped crossing for 44 Heads n/8 y8 Walk display not working Detection n/8 Good, except 48 Repair 48 pushbutton Pull Bons Conduit 0/8 Good Cable n/8 Good Installation 0/0 Good Lids Polymer Concrete All Polymer concrete lids Electrical Service tables 0 /8. Unknown Locks n/a No lock, bolted Condition n/a Good Luminaire Photo cells n/a Present Functional n/0 2 Luminaires both functional Detection VIVOS Video Detection Processor Autoscope Racks/Dion 6 Processors Camerae 6 Cameras Programming 0/8 Good Performance n/8 Good loop' No Loops Amplifiers Continuity n/a Performance n/a Sigmund Markings Left TOM signs n/a "Left turn Signal" sign missing for N0, 5B. But, movement prohibition signs present for NB, 56 Replace with appropriate RIO series signs Fed Signs 0/8 Good Crosswalks Stop Bar n/8 Good Arrrowe n/8 Good Street Name Signs n/8 ES Street name sign missing Replace with approprioto 83 1 sign communications Hardwire Interconnect 0/8 Present Troubleshoot and restore Interconnection SSRadio 0/8 Documentation As -Built Plans 0/8 None Timingsheets 0/8 Cabinet wiring layout present Use back of form' for sketches and additional notes Notes; City of Pearland ToDOT SIgoal Takeover -2010 City of Pearland Signal Inspection Report 7 FM 518 CR 94W.xls FM 518 at CR 94 W (Smith Ranch Road) Traffic Signal Inventory eARtc Pearland TxDOT Traffic Signal Takeover WILBUR SMITH ASSOCIATES TEAM 311 Page Traffic Signal Inventory Pearland TxDOT Traffic Signal Takeover 8. FM 518 at Shopping Center Entrance WILBUR SMITH ASSOCIATES TEAM 32 1 P a g e Signal Inspection Report FM 518 Shopping Cente Entrance Item NumfType /Mfgr Condition /Discrepancy Comment /Resolution Controller Cabinet Shell/Cabinet EAGLE T52 Good Controller EAGLE M4I5 Good Monitor EDI MMU 16E Good Conduits n/a Sealed. Good Wiring Condition W6 Good Breaker Panel n/a Good Foundation n/a Good Preemption CPTICOM 254 Goad Poles Most Arms No Mast Arms Hand Hole n/a Signal Height n/a Strain Poles Steel Stain Wires 0/a Goad Signal Cable n/a Goad Signal Height n/e Good Signal heads LED Colo Check Good Visors 016 Good Consistent colors 6/7 10-Yellaw, no Black Bookplates n/a 6ackplate missing•all except EDI, WEI, N81 Replace missing bookplates uniformly Pad signals No ped crossing for G4, p6. Countdown type ped signals Heads 0/6 Good Detection n/a 06 Countdown Walk Displays Not working Repair Q6 ped signal or ped detection Pull Boxes Conduit n/e Good Cable o/e Good Installation n/a Good Lids Steel Primary and Secondary pullboxes Steel Replace lids with polymer cone or assure proper grounding Electrical Service tables n/6 None Locks We No lock Condition PM 2 Bad Luminaire Photocells n/a Present Functional n/a 2 Luminaires both functional Detection RINDS Video Detection Processor Autoscope Rackviston 6 Processors Cameras 5 Cameras Programming n/a Good Performance 60/7 Good Loops No Loops Amplifiers 0/6 Continuity n/6 Performance n/5 Signs and Markings Left Turn signs n/a "Left Turn &goer' sign missing for N6,56 Replace missing R10 -21 signs Ped Signs D/6 Good Cross -walks /Stop Bar 61/5 Good /Good Arrrows n/a Goad Street Name Signs c/a All street name signs are missing Replace with appropriate RIO series signs Communications Hardwire Interconnect n/a Present Troubleshoot and restore Interconnection 55 Radio ENCOM Model 5260 Wirelessmodem present In cabinet but not powered Documentation As -Built Plans n/a Not Available Cabinet wiring layout present Timing Sheets Na Not Available Use back of form for sketches and additional notes Notes: City of Pearland TxDOT Signal Takeover 2010 City of Pearland Signal Inspection Report 8 FM 518 Q Shopping Center Entrance.xls FM 518 at Shopping Center Entrance Traffic Signal Inventory Pearland TxDOT Traffic Signal Takeover WILBUR SMITH ASSOCIATES TEAM 341Page Traffic Signal Inventory 9. FM518atCR94E Pearland TxDOT Traffic Signal Takeover WILBUR SMITH ASSOCIATES TEAM 35 P a g e Signal Inspection Report FM 518 CR 94E Item Num /Type /Mfgr Condition /Discrepancy Comment /Resolution Controller Cabinet Shell/Cabinet EAGLE T52 Fire ants Needs cleaning Controller EAGLE M415 Good Monitor EDI MMU100 Good Conduits n/a Good Wiring Condition n/a Good Breaker Panel n/a Good Foundation n/a Good Preemption OTICOM 754 Disabled in cabinet; EB/WB /SB Good, None NB Poles Mast Arms No Mast Arm Hand Hole is/a Signal Height n/a Strain Poles Steel Drip loop Good Stain Wires n/a Good Signal Cable n/a Good Signal Height n/a Good Signal heads LED Color Check n/a Good Visors n/a Good Consistent colors n/a 13- Yellow Bookplates n/a Good, Yellow with Mack backplate Ped signals Heads i/a 55 corner, $0 W and DW not working Repair $E ped Indications (W /DWI Detection n/a Pull Boxes Conduit n/o Good Cable n/o Good Installation Oa Good Lids Steet /Polymer Concrete Primary- steel, Secondary-polymer concrete Replace Steel with polymer cone or assure proper grounding Electrical Service Labels la/a Unknown Locks n/a No lock, bolted Condition la/a Goad Luminaire Photocells n/a Present Functional n/a 2 Luminaires both functional Detection VIVDS Autoscope Rackolsion Video Detection Processor Cameras 5 cameras Programming No Good Performance n/a $1, $5 inoperable Troubleshoot, repair cameras and /or processors Loops No loops Amplifiers n/a Continuity 0/a Performance n/a signs and Markings Left Turn signs n/a te, WO missing Replace with appropriate RID serler signs Ped Signs n/a Good Cross walks /Slop Bar n/a Good Arrrows n/a Good Street Name Signs 619 /50 approadies missing Replace with appropriate Dal sign Communications Hardwire Interconnect n/a Present, but not being utilized Troubleshoot and restore interconnection 55 Radio n/a None Documentation As -Built Plans n/a Not Present Timing Sheets n/a Not Present Use back of form for sketches and additional notes Notes: City of Pearland TxDOT Signal Takeover 2010 City of Pearland Signal Inspection Report 9_FM 518 CR 94E.xls FM 518 at CR 94 E Traffic Signal Inventory Pearland TxDOT Traffic Signal Takeover WILBUR SMITH ASSOCIATES TEAM 371Page Pearland TxDOT Traffic Signal Takeover 10. FM 518 at CR 93 (Miller Ranch Road) WILBUR SMITH ASSOCIATES TEAM 38 i P a g e Signal I spection Report FM 518 CR 93 (Miller Ranch Road) Item Num /Type /Mfgr Condition /Discrepancy Comment /Resolution Controller Cabinet Shell /Cabinet EAGLETS] Good Controller EAGLE M41S Good Monitor EDI MMU-150 Good Conduits n/a Good Wiring Condition n/a Goad Breaker Panel n/a Good Foundation n/a Good Preemption <PTICOM 759 EB /50 only; WB missing City to verify WO detection Poles Mast Arms No mast arms Hand Hole n/a Signal Height n/a Strain Poles Steel Stain Wires Good Signal Cable Good Signal Height Good Signal heads LED Color Check Good Visors n/a Good Consistent colors n/a 10-Yellow; inconsistent backplates 0ackpletes n/a Missing all except E01, WB1, 501 Replace missing bookplates uniformly red signals None Heads n/a Detection n/a Pull Boxes Conduit n/a Good Cable 1 1/ 0 Good Installation n/a Good Lids Steel Primary and secondary all corners Replace with polymer coot or assure proper grounding Electrical Service Labels n/a No labels Locks n/a No lock Condition n/a Good Luminaire Photo cells n/a Present Functional n/a 2LUminolreo- both functional Detection VIVDS Autoscope Rackvislon Video Delectlen Processor Good Cameras 6 cameras Programming n/a Good Performance n/a Good Loops No Loops Amplifiers Continuity 0/0 Performance n/a Signs and Markings Left Turn signs n/0 Good Ped Signs n/a Not present Crosswalks /Stop ear n/a Good Arrrows n/a Good Street Name Signs "FM 518" sign missing for NB Replace with appropriate EGG sign Communications Hardwire Interconnect n/a Present Troubleshoot and restore in on nectlon 55 Radio n/a Not present Documen[atlon As-Built Plans n/a Not present Timing Sheets n/o Present Maintenance record also present Use back of form for sketches and add' ion nl note s Notes; City of Pearland Signal Inspection Report City of Pearland TxOOT Signal Takeover -2010 10_FM 518 CR 93.xls Traffic Signal Inventory FM 518 at CR 93 (Miller Ranch Road) Pear land TxDOT Traffic Signal Takeover WILBUR SMITH ASSOCIATES TEAM 401Page Traffic Signal Inventory Pearland TxDOT Traffic Signal Takeover 11. FM 518 at CR 90 (Hooks Road) WILBUR SMITH ASSOCIATES TEAM 41 j P a g e Signal Inspection Report FM 518 CR 90 (Hooks Road) Item Num /Type /Mfgr Condition /Discrepancy Comment /Resolution Controller Cabinet Shell Cabinet EAGLE T$1 Ants inside Needs cleaning Controller EAGLE M20C Good Monitor 5015510121,6 Good Conduits n/a Good Wiring Condition n/a Good Breaker Panel n/a Good, No LED Foundation n/a Leaning flask Preemption n/a Not present Poles Most Arms Mast Arms Drip Loops Good Hand Hole Oa Good Signal Height n/a Good Strain Poles None Stain Wires n/a Signal Cable n/a signal Height n/a Signal heads LED Color Check n/a Good Vicars n/a Good Consistent colors. n/a 10-0104, no Yellow with black hackplates Backplates No Gaw Pad signals Present, not count down Hnad4 n/a Good Detection n/a Good Pull Bones Conduit n/a Good Cable n/a Good Installation n/a Good Lida Polymer Comwrete Good Electrical Servlco Labels n/e GqM Locks n/a food......_. Condition n/a Good Luminairc Photo cells n/a Present FunPtIonal n/n 2 luminaires- both tPncslonal Oetacllon VIVOS m:eaaor ITERIS NankgP.e Cdga l Gond Ge Programming 0/a Pet enanee n/a Loops Amplltiers Nn Loops Continuity On Performance n/a NEn and Markings Left Turn alpha B)a n/a bBUM'AL good; NEt L missing Good Replace with appropdgte RlC aerloe sla Red Signs CroAA.WOkA /Stop aa[ WA AA9PPd Arrraws n/a G Street Nome Signs Allgood Communications Hardwire Inter ct n/a rresoni Troubleshoot and restore Interconnection 55 Radio n/a Co! present Documentation As-gull l Plans n/➢ Mot Present Timing Shoes n/a Present Use back of form for sketches and additional notes Notes City of Pentland TxDOT Signal Takeover 2010 City of Rowland Signal Inspection Report 11 FM 518 CR 90.xis FM 518 at CR 90 (Hooks Road) Traffic Signal Inventory Pearland TxDOT Traffic Signal Takeover WILBUR SMITH ASSOCIATES TEAM 431Page Traffic Signal Inventory Pearland TxDOT Traffic Signal Takeover 12. FM 518 at Sunrise Boulevard /Smith Road WILBUR SMITH ASSOCIATES TEAM 44 P a g e Signal Inspection Report FM 518 Sunshine Boulevard /Smith Road Item Num /Type /Mfgr Condition /Discrepancy Comment /Resolution Controller Cabinet Shell /Cabloet EAGLE rS2 Ants inside Needs cleaning Controller EAGLE M415 Good Monitor EDI MMU 16E Good Conduits n/a Not sealed, good condition Wiring Condition n/a Goad Breaker Panel n/a Good Foundation n/a Good Preemption OPTICOM 754 No /Sa both pointing SS City to check proper orientation of receivers Pales Mast Arles Mast Arms All drip loops good Hand Hole n/a NC cov er missing Replace hand hole cover Signal Height n/a Good Strain Poles None stain wtrea n/a Slgoal Cable n/a Signal Height n/a Signal heads LC0 Color Check Sol arrow missing RepairSOL LEDlndleatiun Visors n/a Good Consistent colors n/a 12- Yellow w /buck backpintes nackplaros n/o Good Pt signals Present Heads n/a Goad Detection n/a Good Pull asses Conduit n/a Good Cable n/a Good Inslallatlon n/a Good 1100 Reel Good, steel primary Neplooe stn el ltd or assure proper grounding EIeotrlsal Spry' Labels n/a Unkown locks n /a— ___Presen0. Condition i/o Good Wminalrs Photo cells 0/0 Present FpnFltla n/a All folto Conn! ,Dg Inn VIVA9 Video Pe tit Frosessdr AutPacppa aackY9og Good remoras flpotl P rogramming n /a Good Performance 0/00 coed Loops Ng 400ps Ampllfler Continuity n/a Padwmnnpa n/a 46 Torn signs n/n NB /9n approach signs missing Replw:a t006 approprlato 510 Cedes £Ions Pad Signs Rand Cross /Slop am n/a one ea¢LSide /ell pod Am(gwa n/a NO arrow mlminR Street Nate Signs All good C ammunia atiorrt Ilardwlm lmeraonneci n/a P resent Trout ochoot and restore interconnection SS Radio n/a Net Present Docu mentation As-autla Plans n/a Not Present filming Shoot, n/a Not Present Molntananca record present Ilse hack of form for £kotclws and additional notes Notes; City of Pearland TxDOTSIgnal Takeover 2010 City of Pearland Signal Inspection Report 12 FM 518 Sunrise 610041s Traffic Signal Inventory FM 518 at Sunrise Boulevard/Smith Road Pear land TxDOT Traffic Signal Takeover WILBUR SMITH ASSOCIATES TEAM 46IPage CITY OF PEARLAND ADDENDUM Section 00902 ADDENDUM NO. 2 Date: March 16, 2011 PROJECT: BID NO.: BID DATE: FROM: CONTRACT DOCUMENTS: 07/2006 Adaptive Traffic Signal Improvements 0311 -17 March 24, 2011 at 2pm City of Pearland Andrea Broughton, PE Assistant City Engineer To: Prospective Bidders and Interested Parties This addendum fowls a part of the bidding documents and will be incorporated into the Contract Documents, as applicable. Insofar as the original Contract Documents, Specifications, and Drawings are inconsistent, this Addendum shall govern. Please acknowledge receipt of this Addendum on both copies of the Bid Proposal form, Section 00300 submitted to the Cityof Pearland. FAILURE TO ACKNOWLEDGE RECEIPT OF ADDENDA ON THE BID PROPOSAL FORM MAY BE CAUSE FOR DISQUALIFICATION. 1. Please include the following Sections as detailed in Table of Contents: Section 00610 Section 00611 Section 00612 Section 00615 Section 00700 Section 00800 Section 00811 END OF ADDENDUM NO. 1 00901 1 of 1 Section 00903 ADDENDUM NO. 3 Date: March 18, 2011 PROJECT: Adaptive Traffic Signal Improvements BID NO.: 0311 -17 BID DATE: March 24, 2011 at 2pm FROM: City of Pearland Andrea Broughton, PE Assistant City Engineer To: Prospective Bidders and Interested Parties This addendum forms a part of the bidding documents and will be incorporated into the Contract Documents, as applicable. Insofar as the original Contract Documents, Specifications, and Drawings are inconsistent, this Addendum shall govern. Please acknowledge receipt of this Addendum on both copies of the Bid Proposal form, Section 00300 submitted to the City of Pearland. FAILURE TO ACKNOWLEDGE RECEIPT OF ADDENDA ON THE BID PROPOSAL FORM MAY BE CAUSE FOR DISQUALIFICATION. PRE BID MEETING Q &A SUMMARY Please find included the summary of questions during Pre Bid Meeting on March 15, 2011. Any Addendums deemed necessary as a result of this meeting have been issued. END OF ADDENDUM NO. 3 11 Page Addendum No. 3 March 17, 2011 Adaptive Traffic Signal Improvements Pre -Bid Meeting March 15, 2011 Request for Clarification 1. Exhibit A Bid Item 1 What does the Adaptive Traffic Signal System Hardware for all intersection include? The hardware bid shall include all items required for a complete and functional adaptive traffic signal control system as described in section 02990 of the bid document. 2. What Adaptive Traffic Signal System software will be used? The contractor shall provide the adaptive traffic signal system software. The contractor bid shall include all hardware and associated software cost estimate required for a complete and functional adaptive traffic signal control system as described in technical specifications section 02990 of the bid document. 3. What types of controllers are currently installed at the 10 proposed Adaptive Traffic Signal Control intersections? Seven intersections along FM 518 east of SH 288 are mostly equipped with Eagle TS -2 EPAC 300 series M41 S controllers. Three intersections along FM 518 /Broadway Street west of SH 288 are equipped with Naztec TS -2 980 series controllers. The City of Pearland has posted online detailed signal inventory sheets for the seven intersections east of SH 288 as part of Addendum 1 on March 15`", 2011. 4. Section 0050 "Standard Form of Agreement" under Division 0 "Bidding and Contract Documents" has some missing pages? The City has updated the bid link on its website with the necessary information. 5. Can you specify locations for the pedestrian optimization module? Along the proposed adaptive traffic signal system corridor, there are three intersections to the west of SH 288 which have higher pedestrian activity, and five intersections east of SH 288 with low pedestrian activity. The City of Pearland has posted online detailed signal inventory sheets for seven intersections east of SH 288 as part of Addendum 1 on March 15 2011. 6. Section 9.2 Could you further explain the statement "The adaptive traffic control shall not use common cycle lengths but use principles of robotics and artificial intelligence to optimize traffic flow" The traffic volumes and patterns along the proposed adaptive signal system corridor are dynamic in nature with varying traffic volumes within the day, weekday, and weekends. The corridor also has several major residential and commercial developments located between several closely spaced intersections which attract heavy traffic volumes along FM 518 and the cross streets. The city expects the adaptive traffic control signal system to be able to handle the dynamic nature of traffic flow and operations in real -time, and maintain two -way arterial progression based on field specific conditions rather than time of day cycle lengths and switching between them. 7. Section 9.3 Could you further explain the statement "Traffic flow and anomalous traffic conditions shall be programmed into the adaptive traffic signal control system" The city expects the adaptive traffic signal system to temporarily suspend real time adaptive operations with the activation of a higher priority preempt call for emergencies and /or incident management, or pedestrian calls in the controller and then revert to full adaptive control after servicing the higher priority preempt or pedestrian call. The contractor shall check for preemption and pedestrian timings currently in the controllers and discuss any potential updates needed with the City prior to any field updates. 8. What kind of existing communications does the City currently have in the field? The three intersections west of SH 288 currently have wireless communications with the master at Town Center Drive. East of SH 288 TxDOT has a copper interconnect connecting the seven 3iPage intersections along FM 518. As described in the bid document and technical specifications section 02990, the City requires the contractor shall install a new wireless Ethernet system connecting the 10 intersections with network communications over an IP network connection allowing the city staff access to real -time field video, data, control, updates, real time and historical statistical information, and measures of effectiveness including but not limited to queue lengths, volumes, stopped time delay, and Level of Service per phase. 9. Section 9.5 Is XML format only acceptable format or would ASCII or other formats be also considered? The City requires the data configuration information in a XML format. 41 Page CITY OF PEARLAND ADDENDUM Section 00904 ADDENDUM NO. 4 Date: March 21, 2011 PROJECT: BID NO.: BID DATE: FROM: Adaptive Traffic Signal Improvements 0311 -17 March 24, 2011 at 2pm City of Pearland Andrea Broughton, PE Assistant City Engineer To: Prospective Bidders and Interested Parties This addendum foams a part of the bidding documents and will be incorporated into the Contract Documents, as applicable. Insofar as the original Contract Documents, Specifications, and Drawings are inconsistent, this Addendum shall govern. Please acknowledge receipt of this Addendum on both copies of the Bid Proposal form, Section 00300 submitted to the City of Pearland. FAILURE TO ACKNOWLEDGE RECEIPT OF ADDENDA ON THE BID PROPOSAL FORM MAY BE CAUSE FOR DISQUALIFICATION. CONTRACT DOCUMENTS: 1. Please replace Section 00100 with attached Section 0100. a. The Bid Due Date has been revised to Monday, March 28, 2011 at 11:00 am. ADDITIONAL INFORMATION: To reiterate the City's intention; The Technical Specification is a performance specification for the project. Bidders are encouraged to submit Competitive Sealed Bid Proposals that meet the intent of the specifications and may have an alternative means to the same end. END OF ADDENDUM NO. 4 07/2006 00904 1 of 1 CITY OF PEARLAND INVITATION TO BID NOTICE TO BIDDERS CITY OF PEARLAND, TEXAS Sealed bids will be received, in duplicate, referencing the following project in the office of the City Secretary, City of Pearland, City Hall located at 3519 Liberty Drive, Pearland, Texas 77581 until 11:00 a.m., Monday, March 28, 2011, at which time they will be publicly opened and read aloud for the construction of: Adaptive Traffic Signal Improvements FM 518 (Kirby Dr. Sunrise Lakes Dr.) City of Pearland, Texas COP Bid Number: 0311 -17 A mandatory pre -bid conference will be held at the City of Pearland, City Hall located at 3519 Liberty Drive, Pearland, Texas 77581 at 2:00 p.rn. on Tuesday, March 15, 2011. The project will entail the installation of an adaptive traffic signal control system, including communications where needed. Copies of Contract Documents and Technical Specifications and Plans are available for viewing at the City of Pearlapd's Purchasing Office, in City Hall located at 3519 Liberty Drive Pearland, Texas 77581, phone (281) 652 -1755; and may be downloaded from the City website: cityofpearland.com Bidders should note that this is a competitive sealed proposal, and that base bid price is one of four evaluation criteria that will be applied to select the successful bidder (see Section 00200 Exhibit A for full listing of evaluation criteria). Bid Security in the foiur of Cashier's Check, Certified Check, or Bid Bond payable to the City of Pearland in the amount of 5% of the total base bid price must accompany each proposal. The successful bidder shall be required to furnish Performance and Payment Bonds in the amount of one hundred percent (100 of the contract price. The successful bidder may be required to provide a one year Maintenance Bond for the improvements installed as part of this work. No bid may be withdrawn or terminated for a period of sixty (60) days subsequent to the bid opening date without the consent of the City of Pearland. A bid that has been opened may not be changed for the purpose of correcting an error in the bid price. The City of Pearland reserves the right to reject any or all bids. Young Lorfing, TAMS City Secretary, City of Pearland First Publication date March 9, 2011 Second Publication date March 16, 2011 03/2011 00100 1 of 1 CITY OF PEARLAND BID PROPOSAL Section 00300 BID PROPOSAL Date: March 25, 2011 Siemens Industry, Inc., Mobility Division, Complete Bid of Transportation, Intelligent Traffic Systems an individual roprietorship a corporation organized and existing under the laws of the State of Textas�/ a partnership consisting of for the construction of: Adaptive Traffic Signal Improvements FM 518 (Kirby Dr Sunrise Lakes Dr City of Pearland, Texas BID NO.: 0311 -17 (Submitted in Duplicate) To: The Honorable Mayor and City Council of Pearland City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Pursuant to the published Invitation to Bidders, and Instructions to Bidders, the undersigned Bidder hereby proposes to do all the work and furnish all necessary superintendence, labor, machinery, equipment, tooth and materials; and whatever else may be necessary to complete -all the work described in or reasonably inferable from the Contract Documents for the construction of the Adaptive Traffic Signal Improvements with all related appurtenances, complete, tested, and operational, in accordance with the Plans, and Specifications prepared by the City of Pearland. It is understood that, in the event any changes are ordered on any part of the Work, the applicable unit prices bid shall apply as additions to or deductions from the total prices for the parts of the Work so changed. The Bid Security required under the Instructions to Bidders is included with this Bid Proposal. The Bidder agrees to submit to the Owner the Qualifications of Bidder, including the Financial Statement of Bidder, as required by the Instructions to Bidders if requested to do so as a condition of the Bid review. The Bidder hinds himself, upon acceptance of his proposal, to execute the Standard Form of Agreement and furnish a Performance Bond and a Payment Bond, each in the amount of one hundred percent (100 of the total Contract Price, according to the forms included in the Contract Documents, for performing and completing the said work within the time stated and for the prices stated in Exhibit "A" of this proposal. The undersigned Bidder agrees to commence work within 10 (ten) days after the date of a written notice to commence work. It is understood that the Work is to be Substantially Complete within 60 (sixty) days after the date of the notice to commence work. Time for Substantial Completion shall begin on the date established by the notice to commence work. The Contractor will pay Bidder's Initial's: 06/2008 00300 1 of 2 ADDENDUM #1. CITY OF PEARLAND BID PROPOSAL liquidated damages in the amount(s) specified in Document 00500 Standard Form of Agreement in the event the Work is not Substantially Complete in this time limit. It is agreed that the Contract Price may be increased or decreased to cover work added, altered, or deleted by order of the Engineer, in accordance with the provisions of the General Conditions of Agreement. The undersigned agrees that the amounts bid in this Bid Proposal will not be withdrawn or modified for sixty (60) days following date of Bid Proposal opening, or such longer period as may be agreed to in writing by the City of Pearland and Bidder. It is understood that in the event the Successful Bidder fails to enter into the Standard Form of Agreement and/or to furnish a Performance Bond and Payment Bond, each in the amount of one hundred (100) percent of the Contract Price, within ten (10) days of the Notice of Award, the Successful Bidder will forfeit the Bid Security as provided in the Instructions to Bidders. Unless otherwise expressly provided herein, all references to "day(s)" shall mean calendar day(s). The following Addenda have been received. The modifications to the Bidding Documents noted therein have been considered and all costs thereto are included in the Bid Proposal prices. Addendum No.: 1 Addendum No.: 2 Date: 3/15/2011 Date: 3/16/2011 Addendum No.: 3 Date: 3/18/2011 Addendum No.: 4 Date 3/21/2011 Bidder hereby represents that the only person or parties interested in this offer as principals are those named above. Bidder has not directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding. Siemens Industry, Inc., Mobility Division, Complete Firm Name: Transportation, Intelligent Traffic Systems ATTEST: Christy Peebles By: Christy Peebles Title: Business Unit Manager Address: 8004 Cameron Road, Austin, Texas 78754 Phone No: 512 837 -8447 (Typed t: ed Name) Signature Date: March 25, 2011 06/2008 ADDENDUM #1 END OF SECTION (Seal, if Bidder is a Corporation) See attached Delegation of Authority Bidder's Initial's: 00300 of 2 SIEMENS Andrea Broughton, Traffic Engineer 3523 Liberty Drive, Pearland, TX 77581 Attention: Ms. Andrea Broughton Mobility Division, Traffic Solutions Dear Ms. Broughton, Siemens Industry, Inc. 8004 Cameron Road Austin TX 78754 Industry Name Department Telephone Fax Mobile E -mail Our reference Date A Siemens Industry Business, Mobility Division Christy Peebles I MOTS US Management Mobility Division +1.512.837.8484 +1.512.837.0196 +1.817.307.9947 christy.peebles @siemens.com SCF DL2008 -09 Page 1 of 1 Bid No: 0311 -17 Adaptive Traffic Signal Improvements Scope of work April 8, 2011 Siemens Industry, Inc., Mobility Division, Complete Transportation, Intelligent Traffic Solutions (hereinafter referred to as "Siemens ITS is pleased to submit this summary of our scope work regarding the award of Bid No: 0311 -17 for City of Pearland for Adaptive Traffic Signal Improvements. Siemens ITS will be installing our state of the art Adaptive Control Traffic Management software, ACS -Lite which we developed with the FHWA. This will be installed on 13 intersections within the City of Pearland. This will be used along the FM 518 corridor from Kirby Drive to FM 1128. This software will monitor the existing traffic conditions and make adjustments to reduce traffic congestion. Detection hardware for this corridor management will be accomplished by using existing and new Video detection cameras. Additional existing intersection hardware will be upgraded to accomplish this task. The current older model controllers will be replaced with our new state of the art m50 controllers. Additional network hardware will be added in each cabinet to facilitate this. Communications for this system will be over a Motorola canopy system operating wireless at 5.8GHz. This radio system will communicate between each ACS Lite location and the corresponding tower. This information will be relayed back to City of Pearland's Traffic Management Center through our wireless backhaul system. This overall configuration, in addition to the monitoring of any potential future intersections will be paired with our Central traffic control software, Tactics. Tactics is a modular, full featured traffic control software designed to grow with the City of Pearland. This and the ACS -Cite software will be installed on a server which will be located at your Traffic signal shop. The cost of the overall project currently stands at $412,000. This includes install of hardware, software, configuration of the overall system to meet the existing and future demands of the City of Pearland. Siemens is very excited to work with the City of Pearland on this project and is available to answer any potential questions you may have. Tel.: 512.837.8310 Fax: 512.837.0196 www.itssiemens.com SIEMENS With kind, •ards, Enclosures Christy Peeb es General Manager SCF DL2008 -09 Letter of April 8. 2011 to Ms. Andrea Broughton, Traffic Engineer Scope of work to the City of of Pearland RFP Page 2 of 2 $148,146 S88`6Sl$ LS8`69$ Z1-1.17e$ S9L'Ll$ 69'986`9$ Z 4 l `17 Adaptive Traffic System hardware and software for all intersection locations and TACTICS Central System and ACS -Lite Servers complete in place (location TBD by City), complete in place the sum of One Hundred Forty Eight Thousand One Hundred Forty Six Dollars No Cents Video detection system hardware and software, complete in place, the sum of One Hundred Fifty Nine Thousand Eight Hundred Eighty_Five Dollars No Cents Motorola Wireless ethernet communication system with access point, complete in place, the sum of Sixty Nine Thousand Eight Hundred Fifty Seven Dollars No Cents All TACTICS and ACS -Lite Training with 3 Years of Basic Priority Support" Thirty Four Thousand One Hundred Twelve Dollars No Cents 1 z 1NI 1NI S-1 M N.-- 0) 04 r N CO x W 0 0< refer to proposal for more details ACS-Lite/TACT1CS with Video Detection BASE BID ITEMS: AUTHORIZED SIGNATORIES Name Title Juergen Wilder Vice President, Rolling Stock Christopher Halleus Vice President, Finance and Business Administration, Rolling Stock Gert Seidel Vice President, Rail Automation Marsha Smith Senior Director, Finance and Business Administration, Rail Automation Thomas Bayer Vice President, Infrastructure and Logistics Michael Dawid Senior Director, Finance and Business Administration, Infrastructure and Logistics Terry Heath Vice President, Complete Transportation Mario Mattern Senior Director, Finance and Business Administration, Complete Transportation ACKNOWLEDGEMENT OF APPOINTED SIGNATURE AUTHORITY AND BY DELEGATION OF AUTHORITY FROM PRESIDENT OLIVER HAUCK AND VICE PRESIDENT, FINANCE AND BUSINESS ADMINSTRATION MARTIN SCHULTZ SIEMENS INDUSTRY, INC. MOBILITY DIVISION •A. We, the undersigned, Oliver Hauck, President and Martin Schultz, Vice President, Finance and Business Administration of the Mobility Division of Siemens Industry, Inc. (the "Corporation a corporation duly organized and existing under the laws of the State of Delaware, by virtue of the authority vested by the Board of Directors of Siemens Industry, Inc. and in accordance with the By- Laws of the Corporation and the laws of said State, do hereby acknowledge that the following employees are appointed and are hereby authorized to sign or countersign and otherwise execute in the name, or on behalf of the Mobility Division of the Corporation, any bids, proposals, bonds, releases and waivers of liens, and any certificates, affidavits, or ancillary documents in connection therewith; any licensing qualification or registration filings, returns, certifications or questionnaires; any contracts, leases, agreements, guarantees and any certificates, affidavits, or ancillary documents in connection therewith, up to and including a transactional limit of $10,000,000.00; and any releases, compromises or settlements in connection with claims or disputes arising out of any such transaction; and to file, release, respond to, settle or compromise any actions or proceedings by or against the Corporation including, by not limited to signature of any certificates, affidavits or ancillary documents in connection therewith, up to and including a transactional limit of $10,000,000.00: B. We further acknowledge that each of the persons referred to herein is authorized to delegate such person's authority hereunder to additional members of his or her management team up to the limit of such person's delegation of authority, provided that such delegation is in written form signed by the delegator; approved in writing by the applicable regional superior; and filed with the Legal Department. C. We further acknowledge that each of the signatures of the persons referred to in paragraphs A through E, inclusive, are binding upon the Corporation. 10 -01 -09 1 oft D. We further acknowledge that any document executed for an amount greater than any limit designated herein shall require the signature of two of the Officers of which one shall have the requisite signature authority, to be legally binding upon the Corporation. E. We further acknowledge that the Secretary or an Assistant Secretary of the Corporation is authorized to issue certifications attesting to the incumbency, authority and status of any of the persons referred to in this resolution. IN WITNESS WHEREOF, We have hereunto subscribed our names and affixed the corporate seal of the said Corporation, on this _3rd_ day of January 2011. 10 -01 -09 Oliver Hauck President Siemens Industry, Inc., Mobility Division Martin Schultz Vice President Finance and Business Administration Siemens Industry, Inc., Mobility Division 2 of 2 DELEGATION OF SIGNATURE AUTHORITY SIEMENS INDUSTRY, INC. I, the undersigned, Terry Heath, Vice President, Complete Transportation, of the Mobility Division of Siemens Industry, Inc. (the "Corporation a corporation duly organized and existing under the laws of the State of Delaware, by virtue of the authority vested in me. as Vice President to sign or countersign and otherwise execute In the name, or on behalf of the Corporation, any bids, projects, contracts, agreements and any certificates, affidavits or ancillary documents in connection therewith for and on behalf of the Corporation, do hereby delegate to and acknowledge that the following person(s) may exercise such authority for and on my behalf up to $3 million, Name(s): Christy Peebles I further designate and acknowledge that the signature of the person referred to above, is binding upon the Corporation in the above identified circumstances and shall have the same force and effect as would my signature. Dated: 3 l et 1 I/ Sig nature Terry Heath Vice President, Complete Transportation Siemens Industry, Inc. 1 %;:f;rX;,. 40.y.s. 4 -0 4 ni 1 ty UN 882 H.■ t t I P-1,I3Z I bc,..,r,„ St EA AvE) NC■11331.i3d P... mid NO00 ,I4‘ 0 AllSONIN crd AaNavi-, I A:44e r nonve leeel e t 1 OCIY JA3S Nne 1. BROADWAY AT KIRBY DRIVE 2. BROADWAY AT TOWN CENTER DRIVE 3. BROADWAY AT BUSINESS CENTER DRIVE 4. BROADWAY(FM 518) AT SH 288 5. BROADWAY(FM 518) AT SMITH RANCH RD 6. BROADWAY(FM 518) AT WAL -MART DRIVEWAY 7. BROADWAY(FM 518) AT CR 94 8. BROADWAY(FM 518) AT MILLER RANCH RD 9. BROADWAY(FM 518) AT SILVERLAKE PKWY (CR 90) 10. BROADWAY(FM 518) AT SUNRISE BLVD 11. BROADWAY(FM 518) AT CULLEN PKWY (FM 865) 12. BROADWAY(FM 518) AT OLD CHOCOLATE BAYOU RD. 13. BROADWAY(FM 518) AT FM 1128 INTERSECTION LOCATIONS 00300 Exhibit 2 CITY OF PEARLAND STANDARD FORM OF AGREEMENT Section 00500 STANDARD FORM OF AGREEMENT THIS AGREEMENT is by and between City of Pearland (hereinafter called OWNER or City) and Siemens Industry, Inc. Mobility Division (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK CONTRACTOR shall complete all work as specified or indicated in or reasonably inferable from the Contract Documents (hereinafter the "Work The Work is generally described as follows: Article 2. ENGINEER Adaptive Traffic Signals Improvements FM 518, Kirby to FM 1128 City of Pearland, Texas COP PN: TR1102 BID NO.: 0311 -17 The Work is to be designed by the CONTRACTOR'S DESIGN PROFESSIONALS who is hereinafter called ENGINEER and who is to assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME 3.1 The Work will be Substantially Complete (as defined in Article 1 of the General Conditions) within Sixty (60) days (including weekends and holidays) from the date when the Contract Time commences to run as provided in paragraph 5.01 of the General Conditions (or as revised in the Special Conditions if applicable), and completed and ready for Final Payment within Ninety (90) days from the date when the Contract Time commences to run. No work will be allowed on Sundays. 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 5 of the General Conditions. OWNER and CONTRACTOR also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Eight Hundred dollars $800.00 for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After 02/2008 00500 1 of 7 CITYOFPEARLAND STANDARD FORM OF AGREEMENT Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time set out in the Certificate of Substantial Completion or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Eight Hundred dollars $800.00 for each day that expires after the time specified in the Certificate of Substantial Completion for completion and readiness for Final Payment. 3.3 Inspection Time. Working hours for the Pearland Inspection personnel are from 7:30 a.m. to 4:30 p.m., Monday through Friday, excluding City approved holidays. The Contractor shall notify the OWNER of any required inspection overtime work at least 48 hours in advance and shall pay the overtime wages for the required City inspections. Article 4. CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR the Contract Price for completion of the Work in strict accordance with the Contract Documents in current funds Four hundred twelve thousand dollars $412,000.00 (the "Contract Price as more fully described and detailed in Exhibit A, Document 00300 Bid Proposal Article 5. PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Section 6.0 "Measurement and Payment" of the General Conditions. Application for Payment will be processed as provided in the General Conditions. 5.1 Progress Payments. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as provided below. All progress payments will be on the basis of the progress of the Work and actual quantity of Work completed, in accordance with Article 6 "Measurement and Payment" of the General Conditions. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage or actual quantity of Work complete, but, in each case, less the aggregate of payments previously made and less such amounts as the OWNER shall determine, or may withhold, in accordance with the General Conditions. The OWNER shall make payment within 30 days of receipt of application for payment by the CONTRACTOR. 5.1.2 Each progress payment shall be less retainage as specified in Paragraph 6.06 of the General Conditions, and further less all previous payments and all further sums that may be retained by the OWNER under the terms of this Agreement. It is understood, however, that in case the whole work be near to completion and some unexpected and unusual delay occurs due to no fault or neglect on the part of the CONTRACTOR, the OWNER may 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 02/2008 00500 2 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT Article 6. INTEREST CONTRACTOR shall receive payment of the balance due him under the contract subject only to the conditions stated under "Final Payment." 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 6.08 of the General Conditions, OWNER shall pay the remainder of the Contract Price as provided in said paragraph 6.08. Interest on any overdue payment from OWNER to CONTRACTOR shall be paid in accordance with the provisions of Chapter 2251 of the Texas Government Code, as amended. Article 7. CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. 7.2 CONTRACTOR has studied carefully all available surveys, assessments, reports of explorations, investigations, and tests of subsurface conditions and drawings of physical conditions of the site. Such technical reports and drawings are not Contract Documents, and Owner makes no representations or warranties as to the accuracy of such documents or information, or to whether or not they are complete, comprehensive, or all- inclusive. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports, and studies (in addition to or to supplement those referred to in paragraphs 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the Work ,and CONTRACTOR assumes the risk of such subsurface and physical conditions, and shall furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents; and no additional examinations, investigations, explorations, tests, reports, and studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to 02/2008 00500 3 of 7 CITYOFPEARLAND STANDARD FORM OF AGREEMENT perform and finish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given written notice of all conflicts, errors or discrepancies in the Contract Documents of which Contractor knew or should have known, and CONTRACTOR shall perform the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including any written resolution of any such conflict, error or discrepancy. Article 8. CONTRACT DOCUMENTS The Contract Documents, which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work, consist of the following, each of which are incorporated herein by reference: 8.1 Standard Form of Agreement (Section 00500). 8.2 Performance, Payment, and /or Maintenance Bonds (Sections 00610, 00611, and 00612). 8.3 General Conditions of Agreement (Section 00700), including Attachment No. 1 Workers' Compensation Insurance Coverage, Attachment No. 2 Agreement for Final Payment and Contractor's Sworn Release, and Attachment No. 3 Owner's Insurance Requirements of Contractor. 8.4 Special Conditions of Agreement (Section 00800). 8.5 Plans, drawings, specifications and descriptions of work and other documents as were contained in the original Request for Proposal. 8.6 Instructions to Bidders and CONTRACTOR's Bid Proposal, including any Addenda referenced therein. 8.7 Technical Specifications for the Work. 8.8 The following, which may be delivered or issued after this Agreement becomes effective: Any Change Orders, Supplemental Conditions, Special Conditions or other agreed documents amending, modifying, or supplementing the Contract Documents in accordance with the General Conditions. There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in the General Conditions. Article 9. MISCELLANEOUS 02/2008 00500 4 of 7 CITYOFPEARLAND STANDARD FORM OF AGREEMENT 9.1 Terms used in this Agreement which are defined in Section 1, "Definitions and Interpretations" of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representative to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. 9.4 CONTRACTOR agrees to warranty the Work for a period of one (1) year from the date of FINAL ACCEPTANCE by the OWNER against defects in materials and workmanship. CONTRACTOR agrees to repair or replace any defective work within this warranty period in an expeditious manner at no additional cost to OWNER. Such One Year Warranty shall exist on all parts, materials, equipment and software and shall run concurrently with any supplemental Maintenance and Support commitments provided by the CONTRACTOR. 9.5 The Work will be completed according to the Contract Documents and in accordance with codes, ordinances, and construction standards of the City of Pearland, and all applicable laws, codes and regulations of governmental authorities. 9.6 In the event any notice period required under the Contract Documents is found to be shorter than any minimum period prescribed by applicable law, the notice period required shall be construed to be the minimum period prescribed by applicable law. 9.7 This Contract and the Contract Documents, insofar as they relate in any part or in any way to the Work undertaken therein, constitute the entire agreement between the parties hereto, and it is expressly understood and agreed that there are no agreements or promises by and between said parties, except as aforesaid, and that any additions thereto or changes shall be in writing. 9.8 The provisions of this Contract shall be applied and interpreted in a manner consistent with each other so as to carry out the purposes and the intent of the parties, but if for any reason any provision is unenforceable or invalid, such provisions shall be deemed severed from this Contract and the remaining provisions shall be carried out with the same force and effect as if the severed provision had not been part of this Contract. 02/2008 00500 5 of 7 CITY OF PEARLAND STANDARD FORM OF AGREEMENT 9.9 The headings of the paragraphs are included solely for the convenience of reference and if there is any conflict between the headings and the text of this Contract, the Contract text shall control. 9.10 The waiver of any breach hereof shall not constitute a waiver of any subsequent breach of the same or any other provision hereof. Failure by the OWNER in any instance to insist upon observance or performance by CONTRACTOR shall not be deemed a waiver by CONTRACTOR of any such observance or performance. No waiver will be binding upon OWNER unless in writing and then will be for the particular instance only. Payment of any sum by OWNER to CONTRACTOR with knowledge of any breach or default will not be deemed a waiver of such breach or default or any other breach or default. 9.1.1 The CONTRACTOR acknowledges that the OWNER (through its employee handbook) considers the following to be misconduct that is grounds for termination of an employee of the OWNER: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and /or collecting reimbursement of expenses made for the benefit of the OWNER. The CONTRACTOR agrees that it will not, directly or indirectly; cause an employee of the OWNER to engage in such misconduct. 02/2008 00500 6 of 7 CITY OF PEARLAND This Agreement will be effective upon execution and attestation by authorized representatives of the City of Pearland and upon the following date: 20_. OWNER: CITY OF PEA By: Title: Date: IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and one to CONTRACTOR. •••••A� �LST O END OF SECTION STANDARD FORM OF AGREEMENT CONTRACTOR Siemens Industry, Tit c am, 7i� '�1� j r Date: °_e_ (Corporate Seal) ATTEST Address for giving notices Phone: Fax: Agent for service of process: 02/2008 00500 7 of 7 AUTHORIZED SIGNATORIES Name Title Juergen Wilder Vice President, Rolling Stock Christopher Halleus Vice President, Finance and Business Administration, Rolling Stock Gert Seidel Vice President, Rail Automation Marsha Smith Senior Director, Finance and Business Administration, Rail Automation Thomas Bayer Vice President, Infrastructure and Logistics Michael Dawid Senior Director, Finance and Business Administration, Infrastructure and Logistics Terry Heath Vice President, Complete Transportation Mario Mattern Senior Director, Finance and Business Administration, Complete Transportation A. We, the undersigned, Oliver Hauck, President and Martin Schultz, Vice President, Finance and Business Administration of the Mobility Division of Siemens Industry, Inc. (the "Corporation a corporation duly organized and existing under the laws of the State of Delaware, by virtue of the authority vested by the Board of Directors of Siemens Industry, Inc. and in accordance with the By- Laws of the Corporation and the laws of said State, do hereby acknowledge that the following employees are appointed and are hereby authorized to sign or countersign and otherwise execute in the name, or on behalf of the Mobility Division of the Corporation, any bids, proposals, bonds, releases and waivers of liens, and any certificates, affidavits, or ancillary documents in connection therewith; any licensing qualification or registration filings, returns, certifications or questionnaires; any contracts, leases, agreements, guarantees and any certificates, affidavits, or ancillary documents in connection therewith, up to and including a transactional limit of $10,000,000.00; and any releases, compromises or settlements in connection with claims or disputes arising out of any such transaction; and to file, release, respond to, settle or compromise any actions or proceedings by or against the Corporation including, by not limited to signature of any certificates, affidavits or ancillary documents in connection therewith, up to and including a transactional limit of $10,000,000.00: B. We further acknowledge that each of the persons referred to herein is authorized to delegate such person's authority hereunder to additional members of his or her management team up to the limit of such person's delegation of authority, provided that such delegation is in written form signed by the delegator; approved in writing by the applicable regional superior; and filed with the Legal Department. C. We further acknowledge that each of the signatures of the persons referred to in paragraphs A through E, inclusive, are binding upon the Corporation. 10 -01 -09 ACKNOWLEDGEMENT OF APPOINTED SIGNATURE AUTHORITY AND BY DELEGATION OF AUTHORITY FROM PRESIDENT OLIVER HAUCK AND VICE PRESIDENT, FINANCE AND BUSINESS ADMINSTRATION MARTIN SCHULTZ SIEMENS INDUSTRY, INC. MOBILITY DIVISION 1 of 2 D. We further acknowledge that any document executed for an amount greater than any limit designated herein shall require the signature of two of the Officers of which one shall have the requisite signature authority, to be legally binding upon the Corporation. E. We further acknowledge that the Secretary or an Assistant Secretary of the Corporation is authorized to issue certifications attesting to the incumbency, authority and status of any of the persons referred to in this resolution. IN WITNESS WHEREOF, We have hereunto subscribed our names and affixed the corporate seal of the said Corporation, on this 3rd of January 2011. 10 -01 -09 Oliver Hauck President Siemens Industry, Inc., Mobility Division :Martin Schultz Vice President Finance and Business Administration Siemens Industry, Inc., Mobility Division 2 of 2 DELEGATION OF SIGNATURE AUTHORITY SIEMENS INDUSTRY, INC. I, the undersigned, Terry Heath, Vice President, Complete Transportation, of the Mobility Division of Siemens Industry, Inc. (the "Corporation a corporation duly organized and existing under the laws of the State of Delaware, by virtue of the authority vested in me as Vice President to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, any bids, projects, contracts, agreements and any certificates, affidavits or ancillary documents in connection therewith for and on behalf of the Corporation, do hereby delegate to and acknowledge that the following person(s) may exercise such authority for and on my behalf up to $3 million. Name(s): Christy Peebles I further designate and acknowledge that the signature of the person referred to above, is binding upon the Corporation in the above identified circumstances and shall have the same force and effect as would my signature, Dated: Signature Terry Heath Vice President, Complete Transportation Siemens Industry, Inc. CRY OF PEARLAND PERFORMANCE BOND STATE OF TEXAS COUNTY OF BRAZORIA 12/2007 Section 00610 PERFORMANCE BOND Bond No. 82286032/9051919 KNOW ALL MEN BY THESE PRESENTS: That Siemens Industry, Inc. of Buffalo Grove of the a Federal Insurance C m pany/ id el and �X and the laws s of the State as principal and it Y a uthorized under the laws of the State of twill JO act as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee (Owner), in the penal sum of$ 412,000.00 for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of the 5th day of tt3v 20 11, (the "Contract to commence and complete the construction of certain improvements described as follows: Adaptive Traffic Sigurd Improvements FM 518 (Kirby Dr Sunrise Lakes Dr) City of Pearland, Texas BID NO.: 0311 -17 which Contract, including the Contract Documents as defined therein, is hereby referred to and made a part hereof as filly and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract Work and shall in all respects duly and faithfully observe and perform all and singular the covenants, conditions, and agreements in and by said Contract agreed and covenanted by the Principal to be observed and performed, and according to the true intent and meaning of said Contract and Contract Documents, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the Work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the tenors of the Contract, or to the Work to be performed thereunder. *Illinois 4 HeDepasit Canpany of Maryland ?HHUN/M0 00610.1of2 Address: 1000 Deerfield Parkway 990 Bldg Buffalo Grove, IL 60089 Telephone: 732 -476 -3580 Fax: 732 -590 -2578 Fax: 212 NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL -FREE TELEPHONE NUMBER; I- 800 -252 -3439. 12/2007 CITY OF PEARLAND PERFORMANCE BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 6th day of May 20 11. Principal: Siemens Industry, Inc. END OF SECTION By Title: Address: 15 Mountain View Road, Warren, NJ 07059 1400 Anp_rican Lane, Schaumburg, 11 60196 Telephone: 866 -4W -8396 00610 -2of2 CITY OF PEARLAND 07/2006 STATE OF TEXAS COUNTY OF BRAZORIA Section 00611 PAYMENT BOND PAYMENT BOND Bond No. 82286032/9051919 KNOW ALL MEN BY THESE PRESENTS: That Steams Industry, Inc. of the City of Buffalo Grove County of Lake and State of WIC as principal and Federal TnslTrance Cnmnanv /Fidpt; tv and authorized under the laws of the State of bi "�to as surety on bonds for principals, are held and firmly bound unto City of Pearland as Obligee (Owner), in the penal sum oil 412,000.00 for the a Principal and Surety bind themselves, and their heirs, administrators, execut rs,vsucccesso s, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of the 5 th day of May 20 1, (the "Contract to commence and complete the construction of certain improvements described as follows: Adaptive Traffic Signal Improvements FM 518 (Kirby Dr Sunrise Lakes Dr) City of Pearland, Texas BID NO, 0311 -17 which Contract, including the Contract Documents as defined therein, is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor or material to him or a subcontractor in the prosecution of the Work provided for in said Contract, then, this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein, Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the Work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. *Illinois **Deposit Company of Maryland 00611 -1of2 iSHINTAT Principal: Surety: Siemens Industry, Inc. Deposit y: 'r oyt/ By: Title. Title: Address: 1000 Deerfield Parkway 990 Bldg Buffalo Grove, IL 60089 07/2006 CITY OF PEARLAND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 6th day of May 20 11 END OF SECTION Telephone: 732 476 -3580 Telephone: 866-/- Fax: 732- 590 -2578 F ax: 212- 519 -5443 PAYMENT BOND Address: 15 Mountain View Road, Warren, NJ 07059 14W American Lane, Schaumburg, IL 60196 NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL -FREE TELEPHONE MBER; 1- 800 -252 -3439. 00611 2 of 2 c►aluee Surety Surety f /Oi /I: ennoth C. Wendel, Assistant Secretary STATE OF NEW JERSEY County of Somerset 85. Form 15-10- 0225B- U (Ed. 5- 03) CONSENT POWER OF ATTORNEY STEPHEN O. BRADT Notary Pia Mile Ntw.MNy N0.2321t1Y7 Conmilesi n Es�USs Oct. 25.2014 Federal Insurance Company Vigilant Insurance Company Pacific Indemnity Company May 5, 2011 Attn: Surety Department 15 Mountain View Road Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and ?point Jeannette Porrini and Stacy Rivera of Farmington, Connecticut each as their true and lawful Attorney- In- Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any Instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 9th day of October, 2009 On this 9th day of October, 2009 before me, a Notary Public of New Jersey, personally came Kenneth C. Wendel, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Kenneth C. Wendel, being by me duly sworn, did depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that he signed said Power of Attorney as Assistant Secretary of said Companies by like authority, and that he is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of Davld B. Norris, Jr., subscribed to said Power of Attorney is in the genuine handwriting of David B. Nonis, Jr., and was thereto subscribed by authority of said By- Laws and in deponent's presence. Nola CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: "AII powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- In- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." I, Kenneth C. Wendel, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the Companies do hereby certify that (i) the foregoing extract of the By- Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and are authorized by the U.S. Treasury Department; further, Federal and Vigilant are licensed In Puerto Rico and the U.S. Virgin Islands, and Federal Is licensed in American Samoa, Guam, and each of the Provinces of Canada except Prince Edward Island; and (ill) the foregoing Power of Attorney is true, correct and in full force and effect. Given under my hand and seals of said Companies at Warren, NJ this Kenneth C. ender, ssistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE, OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656, e -mail: surety(O,chubb.com 1 FEDERAL INSURANCE COMPANY STATEMENT OF ASSETS, LIABILITIES AND SURPLUS TO POLICYHOLDERS Statutory Basis DECEMBER 31, 2010 On thousands of dollars) ASSETS Cash and Short Term Investments United States Government, State and Municipal Bonds Other Bonds Stocks Other Invested Assets TOTAL INVESTMENTS Investments in Affiliates: Chubb Investment Holdings, Inc 3,002,346 Pacific Indemnity Company 2,424,142 Chubb Insurance Investment Holdings Ltd 1,275,789 Executive Risk Indemnity Inc 1,111,774 CC Canada Holdings Ltd 752,455 Great Northern Insurance Company 459,252 Chubb Insurance Company of Australia Limited 313,107 Chubb European Investment Holdings SLP • 234,636 Vigilant Insurance Company Other Affiliates Premiums Receivable Other Assets 212,646 381,791 1,441,826 1,427,670 TOTAL ADMITTED ASSETS 31,062,634 State, County City of New York, ss: Form 15- 10 -0313A (Rev. 3/11) ono sue_ Notary Public LIABILITIES AND SURPLUS TO POLICYHOLDERS 235,579 Outstanding Losses and Loss Expenses 12,051,257 Unearned Premiums 3,331,654 10,931,173 Ceded Reinsurance Premiums Payable 329,476 4,110,731 Provision for Reinsurance 70,491 837,803 Other Liabilities 962,493 1,909,914 18,025,200 TOTAL LIABILITIES 16,745,371 Special Surplus Funds 174,400 Capital Stock 20,980 Paid -In Surplus 3,106,808 Unassigned Funds 11,015,075 SURPLUS TO POLICYHOLDERS 14,317,263 TOTAL LIABILITIES AND SURPLUS TO POLICYHOLDERS Investments are valued in accordance with requirements of the National Association of Insurance Commissioners. Investments with a carrying value of $452,427,638 are deposited with government authorities as required by law. Yvonne Baker, Assistant Secretary of the Federal Insurance Company being duly sworn, deposes and says that the foregoing Statement of Assets, Liabilities and Surplus to Policyholders of said Federal Insurance Company on December 31, 2010 is true and correct and is a true abstract of the Annual Statement of said Company as filed with the Secretary of the Treasury of the United States for the 12 months ending December 31, 2010, Subscribed and sworn to before me this DOROTHY M. BAKER Notary Public, State of New York No. 31- 4904994 Qualified in New York County Commission Expires Sept. 14, 2013 31,062,634 S I/A1V14-9— ssistant Secretary IMPORTANT NOTICE To obtain infoiination or make a complaint: You may call. Chubb's toll -free telephone number for information or to make a complaint at 1- 800 -36 -CHUBB You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1- 800 252 -3439 `'ou may write the Texas Department of Insurance P.O. Box 149104 Austin, TX 78714 -9104 FAX (512) 475 -1771 Web: http: /www.tdi.state tx us E -mail: ConsumerProtection @tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent 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. Port 99 -10 -0299 (Rev, 1 -08) Policyholder Information Notice AVISO IMPORTANTE Para obtener information o para someter una queja: Usted puede llamar al mimero de telefono gratis de Chubb's para information o para someter una queja al 1- 800- 36 -CHUBB Puede comunicarse con el Departamento de Seguros de Texas para obtener information acerca de companfas, coberturas, derechos o quejas al 1- 800 252 -3439 Puede escribir al Departamento de Seguros de Texas P.O. Box 149104 Austin, TX 78714 -9104 FAX (512) 475 -1771 Web: http: /www.tdi.state.tx.us E -mail: ConsumerProtection @tdi.state.tx.us D/SPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concemiente a su prima o a un reclamo, debe comunicarse con el agente primero. Si no se resueve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POL/ZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condition del documento adjunto. Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY corporations of the S 'tics 4 aryland, by WILLIAM r anted by Article VI, 'eby certified to he in INI and Stacy it Fact, to make, execute, seal nds and undertakings, and the shall be as binding upon said Companies, as hilly it y executed and acknowledged by the regularly elected officers Company a 1 o e dh t thh eir own proper persons. This power of attorney revokes that issued on behalf of Jeannette P z a ERA, dated August 6 2004. The said Assistant Srefary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 29th day of December, A.D. 2009. J MILLS, Vice President, and GERALD F. HALEY, Assistant Secretary, in puns in Section 2, of the By -Laws of said Companies, which are set forth on l full force and effect on the date hereof, does hereby nolnins RIVERA, both of Hartford, Connecticut, EAh! and deliver, for, and on its behalf as sur execution of such bonds or and amply, to all in 1 p es a of the C t 'ti B tI b sit Q li d 1 e 1 11 ATTEST: POA -F 142 -0587A FIDELITY AND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY By Gerald F. Haley Assistant Secretary William J. Mills Vice President State of Maryland City of Baltimore ss. On this 29th day of December, A.D. 2009, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and GERALD F. HALEY, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to the personally known to he the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. i .R'>O CC ✓_ni ,ja i.... Constance A. Dunn Notary Public My Commission Expires: July 14, 2011 EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice- President, or any of the Senior Vice Presidents or Vice Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice Presidents, Assistant Vice Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." EXTRACT FROM BY LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VT, Section 2. The Chairman of the Board, or the President, or any Executive Vice President, or any of the Senior Vice Presidents or Vice Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice Presidents, Assistant Vice Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of, judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice President who executed the said Power of Attorney was one of the additional Vice Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2, of the respective By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facshnile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall he valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 6th day of May 2011 X.u. i, Assistant Secretory FIDELITY AND DEPOSIT COMPANY OF MARYLAND 600 Red Brook Blvd., Suite 600, Owings Mills, MD 21117 Statement of Financial Condition .As Of December 31, 2010 Bonds ASSETS Stocks 167,717,443 23,571,636 Cash and Short Tenn Investments 250,663 Reinsurance Recoverable 478,827 Other Accounts Receivable 44,516,527 TOTAL ADMITTED ASSETS 236,535,096 LIABILITIES, SURPLUS AND OTHER FUNDS Reserve for Taxes and Expenses 225,295 Ceded Reinsurance Premiums Payable 39,963,782 Secmities Lending Collateral Liability 3,077,700 TOTAL LIABILITIES 43,266,777 Capital Stock, Paid Up 5,000,000 Surplus I88,268,319 Surplus as regards Policyholders 193,268,319 TOTAL Securities carried at $45,648,865 in the above statement are deposited as required by law. Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of December 31, 2010 market quotations for all bonds and stocks owned, the Company's total admitted assets would be $245,239,534 and surplus as regards policyholders $201,972,757. I, DENNIS F. ICERRIGAN, Corporate Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing statement is a correct exhibit of assets and liabilities of the said Company on the 3Ist day of December, 2010. State of Illinois City of Schaumburg SS: Subscribed and sworn to, before me, allotary public of the State of Illinois, in the City of Schaumburg, this 3lst day of March, 2011. OFRGAt SEAR bl la et MY CNotary ommi Public Slate et Wino! n Expires May 3, 2014 236,535,096 orpo ate Secretary Notary Public Stet Fidelity and Deposit Company of Maryland To obtain information or make a complaint: Home Office: P.O. Box 1227, Baltimore, MD 21203 -1227 IMPORTANT NOTICE You may call the Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, and/or Zurich American Insurance Company's toll -free telephone number for information or to make a complaint at: S8543f(TX) (08/01) 1- 800 654 -5155 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, TX 78714 -9104 FAX (512) 475 -1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning the premium or about a claim, you should first contact Fidelity and Deposit Company of Maryland or Colonial American Casualty and Surety Company. 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. CITY OF PEARLAND ONE -YEAR MAINTENANCE BOND Section 00612 ONE -YEAR MAINTENANCE BOND STATE OF TEXAS COUNTY OF BRAZORIA KNOW ALL MEN BY THESE PRESENTS: That of the City of County of and State of Texas, as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and finely bound unto City of Pearland as Obligee (Owner), in the penal sum of for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, effective as of the day of 20 (the "Contract to commence and complete the construction of certain improvements described as follows: Adaptive Traffic Signal Improvements FM 518 (Kirby Dr Sunrise Lakes Dr) City of Pearland, Texas BID NO.: 0311 -17 which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully correct all such work not in accordance with the Contract Documents discovered within the one -year period from the date of substantial completion, then this obligation shall be void; otherwise to remain in frill force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Govenunent Code as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Statute to the same extent as if it were copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. 07/2006 00612 1 of 2 CITY OF PEARLAND ONE -YEAR MAINTENANCE BOND IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of 20 Principal: Surety: By: By: Title: Title: Address: Address: Telephone: Telephone: Fax: Fax: NOTICE: THE ADDRESS OF THE SURETY COMPANY TO WHICH ANY NOTICE OF CLAIM SHOULD BE SENT MAY BE OBTAINED FROM THE TEXAS DEPARTMENT OF INSURANCE BY CALLING ITS TOLL -FREE TELEPHONE NUMBER; 1- 800 252 -3439. END OF SECTION 07/2006 00612 2 of 2 THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR PE OF INSURANCE ADOL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM /DDIYYYY) POLICY EXP (MM /DD/YYYY) LIMITS INSURER(S) AFFORDING COVERAGE A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY 1 X I OCCUR Liberty Mutual Fire Ins Co INSURER B: y 23035 GLD11101 02 10/01/2010 10/01/2011 EACH OCCURRENCE 5 1,000,000 X DAMAGE TO RENTED PREMISES (Ea occurrence) 5 1,000,000 CLAIMS -MADE MED EXP (Any one person) 5 100,000 PERSONAL ADV INJURY 1,000,000 GENERAL AGGREGATE 5 2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: LOC PRODUCTS COMP/OP AGG 5 1,000,000 POLICY X M AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS AS2 631 004334 210 10/01/2010 10/01/2011 COMBINED SINGLE LIMIT (Ea accident) 2,000,000 BODILY INJURY (Per person) N/A X BODILY INJURY (Per accident) N/A PROPERTY DAMAGE (Per accident) N/A X X A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE CUDI1102.02 10/01/2010 10/01/2011 EACH OCCURRENCE 7,000,000 AGGREGATE 7,000,000 DEDUCTIBLE RETENTION 0 0 U WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER/MEMBER NER EXCLUDED? (MandE R IME/ME M B H) If yes, describe under DESCRIPTION OF OPERATIONS Y N N N /A WA7 63D 004334 010(AOS) WC7- 631 004334- 020(ORWI) EW7 6314 004334 040 OH "'$500K LIMIT $500K SIR 10/01/2010 10/01/2010 10/01/2010 10/01/2011 10/01/2011 10/01/2011 X WCSTATU OTH- TORY LIMITS ER EL. EACH ACCIDENT 1,000,000 E.L. DISEASE EA EMPLOYEE 1,000,000 below E.L. DISEASE- POLICY LIMIT 1 ,000,000 DESCRIPTION OF OPERATIONS LOCATIONS VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) RE: ACS LITE SEE ATTACHED A O R L? CERTIFICATE OF LIABILITY INSURANCE D ATE /2011 IYYYY) 95/86/26„ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES ITELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER MARSH USA, INC. 445 SOUTH STREET MORRISTOWN, NJ 07960 6454 100129- MOBI -PPA -10/11 MOBI Harper 1185 NOC90 CONTACT NAME: (AIC. No. Extl: INC. No): E MAIL ADDRESS: PRODUCER CUSTOMER IP Y' INSURER(S) AFFORDING COVERAGE NAIC# INSURED SIEMENS INDUSTRY INC. INCLUDING: MOBILITY DIVISION 170 WOOD AVENUE SOUTH ISELIN, NJ 08830 INSURER A; HD -GBf 09 America Insurance Company 41343 Liberty Mutual Fire Ins Co INSURER B: y 23035 INSURER c: Liberty Insurance Corporation 42404 INSURER D INSURER E INSURER F: COVERAGES CERTIFICATE HOLDER ACORD 25 (2009109) CERTIFICATE NUMBER: NYC 01 CANCELLATION REVISION NUMBER: CITY OF PEARLAND ATTN: ANDREA BROUGHTON OR SKIPPER JAMES 3523 LIBERTY DRIVE :PEARLAND, TX 77581 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Donna Ciampitt 1988.2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ADDITIONAL INFORMATION NYC 005335796 -01 PRODUCER MARSH USA, INC. 445 SOUTH STREET MORRISTOWN, NJ 07960 -6454 100129-MOBI-PPA -10/11 MOBI Harper 1185 NOC90 INSURED SIEMENS INDUSTRY INC. INCLUDING: MOBILITY DIVISION 170 WOOD AVENUE SOUTH ISELIN, NJ 08830 INSURERS AFFORDING COVERAGE INSURER G: INSURER H: INSURER I: INSURER J: DATE (MM /DD /YY) 05/06/2011 NAIC TEXT RE: ACS LITE CITY OF PEARLAND IS HEREBY ADDITIONAL INSURED AS OBLIGATED UNDER CONTRACT, SUCH INSURANCE AS IS AFFORDED BY THE ADDITIONAL INSURED ENDORSEMENT SHALL APPLY AS PRIMARY INSURANCE OTHER INSURANCE MAINTAINED BY THE CERTIFICATE HOLDER SHALL BE EXCESS ONLY NOT CONTRIBUTING WITH INSURANCE PROVIDED UNDER THIS POLICY, WAIVER OF SUBROGATION IS EFFECTUAL. PER PROJECT AGGREGATE APPLIES. $1,000,000 PROFESSIONAL LIABILITY IS INCLUDED UNDER THE GENERAL LIABILITY POLICY. GENERAL LIABILITY, AUTO LIABILITY AND WORKERS COMPENSATION DEDUCTIBLE: $1,000,000.00 CONTRACTUAL LIABILITY IS INCLUDED UNDER THE GENERAL LIABILITY COVERAGE. THE INSURANCE AFFORDED BY THIS POLICY SHALL APPLY SEPARATELY TO EACH INSURED WHO IS SEEKING COVERAGE OR AGAINST WHOM A CLAIM IS MADE OR A SUIT IS BROUGHT, EXCEPT WITH RESPECT TO THE COMPANY'S LIMIT OF LIABILITY. IF THESE POLICIES ARE CANCELLED FOR ANY REASON OTHER THAN NON- PAYMENT OF PREMIUM, THE INSURER WILL DELIVER NOTICE OF CANCELLATION TO THE CERTIFICATE HOLDER UP TO 90 DAYS PRIOR TO THE CANCELLATION OR AS REQUIRED BY WRITTEN CONTRACT, WHICHEVER IS LESS. CERTIFICATE HOLDER CITY OF PEARLAND ATTN: ANDREA BROUGHTON OR SKIPPER JAMES 3523 LIBERTY DRIVE PEARLAND, TX 77581 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Donna ClampiII Page 2 CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM Policy No: VS2- 631- o04334 -210 Effective Date: 10/01/2010 Expiration Date: 10/01/2011 Sales Office: Roseland NJ 0324 DESIGNATED INSURED This endorsement modified insurance provided under the following: With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement: This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided In the Coverage Form. SCHEDULE Name of Persons) or See Attached Schedule Organlzation(s): .SNY PERSON OR ORGANIZATION REQUIRED BY Vial'1'I'EN CONTRAc :T Each person or organization shown in the Schedule is an 'Insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section 11 of the Coverage Form. Issued By: Liberty Mutual Fire Insurance Company Endt Serial No: TBD Copyright, Insurance Services Office, Inc., 1998 Page 1 POLICY NUMBER: GLD11101 02 COMMERCIAL GENERAL LIABILITY CG 20 10 11 85 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 10 11 85 ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: ANY PERSON OR ORGANIZATION REQUIRED BY WRITTEN CONTRACT 11 is agreed that this insurance maintained pursuant to the written contract agreements shall be primary to, and not contribute with any insurance or self- insurance maintained by the above, but only with respect to work per- formed by or on behalf of the Named Insured. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your work" for that insured by or for you. Copyright, Insurance Services Office, Inc., 1984 Page 1 at 1 POLICY NUMBER: GLD11101 -02 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): PROJECTS, AS ON FILE WITH THE COMPANY. THE TOTAL NUMBER OF DESIGNATED CONSTRUCTION PROJECTS IS LIMITED TO 100 AND NOT MORE THAN 75 AT A TIME. THERE WILL. BE AN ADDITIONAL CHARGE OF $1,500 PER PROJECT. A LIST OF PROJECTS WILL BE MAILED TO THE COMPANY ON A QUARTERLY BASIS. THE ADDITIONAL PREMIUM WILL BE BILLED ANNUALLY. THE MAXIMUM DESIGNATED PROJECT LIMIT IS $5,000,000 PER PROJECT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under Section 1— Coverage A, and for all medical expenses caused by accidents under Section I Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each des- ignated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A, ex- cept damages because of "bodily injury" or "property damage" included in the "products completed operations hazard and for medi- cal expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Designated Con- struction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Ag- gregate Limit shown in the Declarations nor shall they reduce any other Designated Con- struction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Decla- rations, such limits will be subject to the appli- cable Designated Construction Project Gen- eral Aggregate Limit. CG 25 03 05 09 4 Insurance Services Office, inc., 2008 Page 1 of 2 B. For all sums which the Insured becomes legally obligated to pay as damages caused by "occur- rences" under Section 1— Coverage A, and for all medical expenses caused by accidents under Section 1— Coverage C, which cannot be attrib- uted only to ongoing operations at a single des- ignated construction project shown in the Sched- ule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Construction Project General Aggre- gate Limit. Page 2 of 2 C. When coverage for liability arising out of the "products- completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included In the "products- completed operations hazard" will reduce the Products completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction protect has been abandoned, delayed, or abandoned and then restarted, or if the authorized contract- ing parties deviate from plans, blueprints, de- signs, specifications or timetables, the project will still be deemed to be the same construction pro- ject. E. The provisions of Section 111 Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Insurance Services Office, Inc., 2008 CG 25 03 05 09 Premium: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM Name of Person or Organization Policy No: A52- 631 004334 -210 Effective Date: 10/01/2010 Expiration Date: 10/01/2011 Sales Office: Roseland NJ 0324 SCHEDULE Any person or organization for whom you perform work under a written contract if the contract requires you to obtain this agreement from us, but only if the contract is executed prior to the injury or damage occuring. The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US condition is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out or your operations of a covered auto done under contract with that person or organization. This waiver applies only to the person or organization shown in the Schedule above. Issued By: Liberty Mutual Fire Insurance Company Endt Serial No: TBD AX 12 10 02 05 Page 1 of 1 POLICY NUMBER: GLD11101 02 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to Paragraph 8. Transfer 01 Rights Of Recovery Against Others To Us of Section IV Conditions: We waive any right of recovery we may have against the person or organization shown in lhe Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work" done under a contract with that person or organization and included in the "products completed operations hazard This waiver applies only to lhe person or organization shown in lhe Schedule above. CG 24 04 05 09 SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION TO THE EXTENT REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 0 Insurance Services Office, Inc., 2008 Page 1 al 1 SIEMENS To whom it may concern: Siemens Corporation including Siemens Energy and Automation, utilizes various risk retention levels prior to initiating risk transfer in the insurance market. For the risks of General Product Liability, Workers' Compensation, and Auto Liability, the retention of risk is structured under what is commonly called a "Large Deductible" insurance program. What this means is that while our insurance policy may reflect a $1 Million policy limit, it may also, for example, have a $1 Million deductible. Our deductible obligations to the insurance company are secured by bank Letters of Credit. These deductible obligations include but are not limited to payments of losses, claims administration and defense expenses as well as related investigations. I trust this is responsive to your request for a letter of guarantee for deductibles. Carlos Blackwood Manager, Risk Control North American Risk Management State of County of Subscribed and sworn to, before me, this My Commission Expires: Section 00615 PARTIAL WAIVER OF LIEN AND PAYMENT AFFIDAVIT The undersigned contracted with City of Pearland to furnish connection with certain improvements to real property located in the City of Pearland, TX and owned by the City of Pearland which improvements are described as follows: day of 20 in In consideration of Pay Estimate No. in the amount of the undersigned, on oath, states that all persons and firms who supplied labor and materials to the undersigned in connection with said Project have been frilly paid by the undersigned for such work through In consideration of the payment herewith made, the undersigned does fully and finally release and hold harmless the City of Pearland and its surety, if any, through the above date from any and all claims, liens, or right to claim or lien, arising out of this Project under any applicable bond, law or statue. It is understood that this affidavit is submitted to induce payment of the above sum and for use by the City of Pearland in assuring the Owner and others that all liens and claims relating to the said Project furnished by the undersigned are paid. Signature Printed Name Title Company Name Notary Public Revised 12/31/07 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Section 00700 GENERAL CONDITIONS OF AGREEMENT TABLE OF CONTENTS Page No. 1.0 DEFINITIONS AND INTERPRETATIONS 1 1.01 Owner, Contractor and Engineer 1 1.02 Contract Documents 1 1,03 Subcontractor 2 1.04 Written Notice 2 1.05 Work 2 1.06 Extra Work 2 1.07 Work Day 1.07 -1 Rain Day 1.07 -2 Weather Day 1.08 Calendar Day 2 1.09 Substantially Completed 3 1.10 Interpretation of Words and Phrases 3 1.11 Referenced Standards 1.12 Contract Time 3 2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER 3 2.01 Adequacy of Design 3 2.02 Right of Entry 4 2.03 Ownership of Drawings 4 2.04 Changes and Alterations 4 2.05 Damages 4 05/2007 00700 i CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 5 3.01 Owner Engineer Relationship 3.02 Keeping of Plans and Specifications Accessible 3.03 Preliminary Approval 3.04 Inspection by Engineer 3.05 Determination of Questions and Disputes 3.06 Recommendation of Payment 4.0 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 4.01 Independent Contractor 4.02 Contractor's Understanding 4.03 Laws and Ordinances 4.09 Contractor's Duty and Superintendence 4.10 Character of Workers 4.11 Labor, Equipment, Materials, Construction Plant and Buildings 4.12 Sanitation 4.13 Cleaning and Maintenance 5 5 5 6 6 6 7 7 7 7 4.04 Assignment and Subletting 8 4.05 Performance and Payment Bonds 8 4.06 Insurance 8 4.07 Permits and Fees 8 4.08 Texas State Sales Tax 9 9 9 9 1 0 1 0 4.14 Performance of Work 10 4,15 Right of Owner to Accelerate the Work 10 4.16 Layout of Work 10 4.17 Shop Drawings 10 05/2007 00700 ii CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.18 Engineer Contractor Relationship; Observations 11 4.19 Observation and Testing 11 4.20 Defects and Their Remedies 12 4.21 Liability for Proper Performance 12 4.22 Protection Against Accident To Employees and the Public 13 4.23 Protection of Adjoining Property 14 4.24 Protection against Claims of Subcontractors, Laborers, Materialmen, and Furnishers of Machinery and Supplies 14 4.25 Protection Against Royalties or Patented Invention 15 4.26 Indemnification 15 4.27 Losses From Natural Causes 16 4.28 Guarantee 16 5.0 PROSECUTION AND PROGRESS 17 5.01 Time and Order of Completion 17 5.02 Extension of Time 17 5.03 Hindrances and Delays 18 5.04 Suspension of Work 18 5.05 Liquidated Damages for Delay 5.06 Change of Contract Time 5.07 Delays Beyond Owner's and Contractor's Control 18 6.0 MEASUREMENT AND PAYMENT 19 6.01 Discrepancies and Omissions 19 6.02 Quantities and Measurements 19 6.03 Estimated Quantities 19 6.04 Price of Work 19 05/2007 00700 iii CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6.05 Payments 6.06 Partial Payments 6.07 Use of Completed Portions Punchlist 6.08 Final Payment 6.09 Correction of Work Before Final Payment 6.10 Correction of Work After Final Payment 6.11 Payments Withheld 6.12 Delayed Payments 7.0 EXTRA WORK AND CLAIMS 7.01 Change Orders 7.02 Minor Changes 7.03 Extra Work 7.04 Time of Filing Claims 8.0 DEFAULT 8.01 Default by Contractor 8.02 Supplementation of Contractor Forces 8.05 Insolvency 8.06 Contingent Assignment 8.07 Waiver of Consequential Damages 8.08 Termination for Convenience 8.09 Default by Owner 9.0 DISPUTE RESOLUTION 20 20 21 23 23 23 24 24 24 25 25 26 27 27 29 8.03 Cumulative Remedies Specific Performance 29 8.04 Cross Default 29 29 30 30 30 31 31 ATTACHMENT NO. 1: WORKERS' COMPENSATION INSURANCE COVERAGE Al 05/2007 00700 iv CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO. 2: AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S SWORN RELEASE B1 ATTACHMENT NO. 3: OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR C1 05/2007 00700 v CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Section 00700 GENERAL CONDITIONS OF AGREEMENT 1.0 DEFINITIONS AND INTERPRETATIONS 1.01 OWNER, CONTRACTOR AND ENGINEER. The OWNER, the CONTRACTOR and the ENGINEER are those persons or organizations identified as such in the Agreement. The tern ENGINEER as used in these General Conditions shall refer to the Engineer or Architect identified in the Agreement, as applicable; and means a person authorized to act as a representative of the entity designated by the OWNER to provide professional services required in connection with the preparation and performance of this Contract. The Owner's representative on the project site shall be the Construction Manager or Engineer as designated. 1.02 CONTRACT DOCUMENTS. The Contract Documents shall consist of all of the documents identified in Article 8 of the Standard Form of Agreement, which documents, excluding the Plans and such documents as may be delivered or issued after the Effective Date of the Agreement, as referenced in Article 8, shall be bound together in a Project Manual for the Work. All references to the "Contract" or the "Agreement" in these General Conditions of Agreement shall include the Contract Documents. The Contract Documents are complementary, and what is required by one shall be binding as if required by all. In the event of any conflict among the Contract Documents, the Contract Documents shall govern in the following order: (1) Modifications in writing and signed by both parties, including any Change Orders; (2) Standard Form of Agreement; (3) Special Conditions of Agreement; (4) General Conditions of Agreement, including Attachment No. 1 Workers' Compensation Insurance Coverage, Attachment No. 2 Agreement for Final Payment and CONTRACTOR'S Sworn Release, and Attachment No. 3 Owner's Insurance Requirements of Contractor; Addenda, if any; Plans and Specifications referenced or included in the Project Manual; Instructions to Bidders; Bid Proposal; and Exhibits: The following Exhibits, attached hereto, are incorporated herein, and are a part of this Contract: 05/2008 00700 1 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT In the event a conflict or inconsistency remains between or within the Plans and Specifications or other Contract Doctunents, or the Contract Documents and applicable standards, codes and ordinances, CONTRACTOR shall provide the greater quantity or better quality, or CONTRACTOR shall comply with the more stringent requirements, as determined by ENGINEER Terms or phrases used in the Contract Documents with a well -known technical or construction industry meaning shall have such recognized meanings. References to standards, specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, shall mean the latest in effect on the effective date of the Contract, unless otherwise stated in the Contract Doctunents. 1 .03 SUBCONTRACTOR. The teen "subcontractor as employed herein, includes those entities having a contract with the CONTRACTOR or a subcontractor for performance of work on the Project with a value meeting or exceeding 10% of the Contractor's TOTAL BASE BID for the work contemplated by these Contract Documents. OWNER shall have no responsibility to any subcontractor for performance of work on the Project contemplated by these Contract Documents, and any such subcontractor shall look exclusively to CONTRACTOR for any payments due subcontractor. 1.04 WRITTEN NOTICE. Written Notice shall be deemed to have been duly served if delivered in person to the individual or to a partner of the partnership or joint venture, or to an officer of the corporation or company for whom it is intended, or if delivered at or sent by Certified Mail, Retum Receipt Requested, to the last known business address or registered office of such individual, partnership, joint venture or corporation or company, or to the address for giving notices listed in the Standard Form of Agreement. 1.05 WORK. Unless otherwise stipulated, the CONTRACTOR shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, services, insurance, and all water, light, power, fuel, transportation and all other facilities or services of any nature whatsoever necessary for the execution and completion of the Work described in the Standard Fonn of Agreement. Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of good quality. The CONTRACTOR shall, if required by the ENGINEER as representative of the OWNER, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words which so applied have well- known, technical or trade meaning shall be held to refer to such recognized standards. All work shall be done and all materials shall be furnished in strict conformity with the Contract Documents. 1.06 EXTRA WORK. The term "Extra Work as used in this Contract, shall be understood to mean and include all work that may be required by the ENGINEER as representative of the OWNER, to be done by the CONTRACTOR to accomplish any change, alteration or addition to the work shown upon the plans. Extra work shall be authorized in writing by the ENGINEER prior to commencement. 05/2008 00700 2 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 1.07 WORK DAY: As used herein, a "Work Day" is defined as any Monday through Friday, not a legal holiday, and any Saturday or Sunday specifically approved by the OWNER, in which the CONTRACTOR can perform six or more hours of work per the current construction schedule. CONTRACTOR agrees to request specific approval from the Construction Manager, in advance, to perform work on Saturdays or Sundays and in so doing agrees to pay all charges and costs for Inspection and or Construction Management services required during the performance of any such approved work. 1.07 -1 RAIN DAY: As used herein, is defined as any WORK DAY during which weather related conditions prevent the CONTRACTOR from performing four (4) or more consecutive hours of work on critical path items as identified in the current construction schedule. CONTRACTOR shall record Rain Days on the Pay Application each month for the review and possible approval by the OWNER. The approved Rain Day is then added to the Contract Time. (See 1.12 Contract Time below) 1.07 -2 IMPACT DAY: As used herein, is a day that is added to the CONTRACT TIME by the OWNER by Change Order to extend the Contract Time by one full Work Day. (See 1.12 Contract Time below) Impact Days, once approved by the OWNER, shall extend the Contract Time on a one -to -one basis to replace a Work Day lost to conditions that prevented the CONTRACTOR from performing four 4 or more consecutive hours of work on critical path items. Impact Days are added to the Contract Time by Change Order only at the end of the work and then only if, in the opinion of the OWNER, a time extension is warranted due to delays beyond the control of the Contractor and required to complete the work within the Contract Time. 1.08 CALENDAR DAY. A "calendar day" is any day of the week, month, or year no days being excepted. Unless otherwise expressly provided, all references to "day(s)" shall mean calendar day(s). 1 .09 SUBSTANTIALLY COMPLETED: The terns "Substantially Completed or "Substantially Complete" or "Substantial Completion" as used in this Contract, shall mean that all major process components of the facility or work have been made suitable for use or occupancy, including appropriate documentation from the equipment suppliers that all of the individual components have been installed in accordance with the specifications and manufacturer's reconunendations, the installations have been approved by the ENGINEER and the items have met the start-up and testing requirements of the contract documents or is deemed to be in a condition to serve its intended purpose or requires only minor miscellaneous work and adjustment to achieve Final Completion and Acceptance as determined by the ENGINEER. Upon compliance with the above referenced criteria, ENGINEER shall issue a Certificate of Substantial Completion. PARTIAL SUBSTANTIAL COMPLETION: designation will be given on components of the Work that must be placed into service prior to the completion of the entire Worlc. The contractor's One Year Warranty period for these items shall begin on the date of Partial Substantial Completion as designated by the ENGINEER. The ENGINEER shall determine and make all such designations. 05/2008 00700 3 of 36 CITY OFPEARLAND GENERAL CONDITIONS OF AGREEMENT 1.10 INTERPRETATION OF WORDS AND PHRASES. Whenever the words directed "permitted "designated "required "ordered "considered necessary "prescribed" or words of like import are used, it shall be,understood that the direction, requirement, permission, order, opinion designation or prescription of the ENGINEER as the OWNER's representative is intended. Similarly, the words "approved "acceptable "satisfactory" or words of like import shall mean that no exception is taken by ENGINEER, but does not relieve CONTRACTOR of responsibility for compliance with the Contract Documents. Whenever in the Specifications or Drawings of the Contract Documents, the terms of description of various qualities relative to finish, workmanship or other qualities of similar kind which cannot, from their nature, be specifically and clearly described and specified, but are necessarily described in general terms, the fulfillment of which must depend on individual judgment, then, in all such cases, any question of the fulfillment of said Specifications shall be decided by the ENGINEER as the OWNER's representative, and said work shall be done in accordance with his interpretations of the meaning of the words, terns 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 CONTRACT TIME The ten' Contract Time as used herein, refers to the number of Calendar days provided to complete the work or the date, stated in the Agreement: (i) to achieve Substantial Completion, and (ii) to complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final payment in accordance with Paragraph 6.09 and as modified as a result of any authorized Extensions. The established Contract Time includes 40 Rain Days per year, based on the average number of rain days per year for the period of June 1898 to December 1996 as recorded by the Alvin Weather Center Record, The Contract Time shall only be extended by (a) the addition of Rain Days equal to the number of actual Rain Days in excess of 40 days per year and (b) the number of Impact Days granted for delays, in the opinion of the Owner, beyond the control of the Contractor. The extension of the Contract Time shall be the CONTRACTOR's sole and exclusive remedy for delays. 05/2008 00700 4 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 2.0 RIGHTS AND RESPONSIBILITIES OF THE OWNER 2.01 NO WARRANTY OF DESIGN. It is understood that the OWNER MAKES NO WARRANTY OF THE ADEQUACY, ACCURACY OR SUFFICIENCY OF THE PLANS AND SPECIFICATIONS OR ANY OTHER DESIGN DOCUMENTS, AND OWNER HEREBY EXPRESSLY DISCLAIMS ANY SUCH WARRANTY, EXPRESSED OR IMPLIED. Prior to commencing each portion of the Work, CONTRACTOR shall carefully study and compare the relevant Contract Documents, shall observe conditions at the site affecting the Work, and shall take field measurements of existing conditions related to the Work. Any errors, omissions or inconsistencies in the Contract Documents noted by the CONTRACTOR, and /or any variance between the Contract Documents and applicable codes, standards or ordinances, shall be promptly reported by CONTRACTOR to ENGINEER in writing as a Request for Information. CONTRACTOR 'shall not proceed with the affected portion of the Work until it receives ENGINEER's written response to such Request for Information, and then only in accordance with ENGINEER's response. If CONTRACTOR fails to perform its obligations under this paragraph, CONTRACTOR shall pay such costs and damages to OWNER as would have been avoided if CONTRACTOR had reported any errors, omissions, inconsistencies or variances in the Contract Documents noted by CONTRACTOR or which should have been noted by a careful study of the Contract Documents. CONTRACTOR shall comply with the Contract Documents, all approved modifications thereof and additions and alterations thereto approved in writing by the OWNER. The burden of proof of such compliance shall be upon the CONTRACTOR to show that he has complied with the requirements of the Contract Documents and approved modifications thereof and all approved additions and alterations, thereto, as the same shall have been interpreted by the 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 perfonned, constructed or installed, for itself or such agent or agents as it may select, for the purpose of inspecting the work, or for the purpose of performing, constricting or installing such collateral work as the OWNER may desire. The OWNER shall have the right to make inspections at all reasonable times, and the CONTRACTOR hereby waives any claims for extension of time and /or compensation for any loss or damage if his work shall be delayed by reason of such inspection, performance, construction or installation of collateral Work. 2.03 OWNERSHIP OF DRAWINGS. All drawings, specifications and copies thereof furnished by. the OWNER shall not be reused on other work and, with the exception of the sets forming the part of the signed Contract Documents, are to be returned to the OWNER on request at the completion of the Work. All drawings and models are the property of the OWNER. 2.04 CHANGES AND ALTERATIONS. The CONTRACTOR further agrees that the Owner may make such changes and alterations, additions and deletions as the OWNER may see fit, in the Worlc, including but not limited to changes in line, grade, form, dimensions, plans or specifications for the Work herein contemplated, or any part thereof, either before or after the beginning of construction, without affecting the validity of this Contract and the corresponding Performance and Payment Bonds. 05/2008 00700 5 of 36 CITY OFPEARLAND GENERAL CONDITIONS OF AGREEMENT If such changes or alterations or deletions diminish the quantity or the value of the Work to be done, they shall not constitute the basis for a claim for compensation or damages, including lost or anticipated profits on the Work that may be affected. If the amount of Work is increased and the work can fairly be classified under the specifications, such increase shall be paid for according to the quantity actually done and at the unit price, if any, established for such work under this Contract, otherwise, such additional work shall be paid for as provided under Article 7 hereof for Extra Work. In case the OWNER shall make such changes or alterations as shall make useless any Work already done or material already famished or used in said Work, then the OWNER shall compensate the CONTRACTOR for any material or labor so used and for any actual loss occasioned by such change due to actual expenses incurred in preparation for the Work as originally planned. 2.05 DAMAGES. In the event the OWNER is damaged in the course of the work by the act, negligence, omission, mistake or default of the CONTRACTOR, or should the CONTRACTOR unreasonably delay the progress of the work being done by others on the job so as to cause loss for which the OWNER becomes liable, then the CONTRACTOR shall reimburse the OWNER for such loss. 3.0 RIGHTS AND RESPONSIBILITIES OF THE ENGINEER 3.01 OWNER. ENGINEER RELATIONSHIP. The ENGINEER shall serve as the OWNER'S representative during construction. The duties, responsibilities and limitations on the authority of the ENGINEER as the OWNER's representative during constntction are set forth in the Contract Documents; and the ENGINEER shall not have authority to extend the OWNER's liability or to bind the OWNER for any additional liability of any nature whatsoever without the written consent of the OWNER. Any communications by the OWNER to the CONTRACTOR regarding the Work shall be issued through the ENGINEER. It is the intent of this Agreement that there shall be no delay in the execution of the Work; therefore, written decisions or directions rendered by the ENGINEER as the OWNER's representative shall be promptly carried out, and any claim arising therefrom shall be resolved as provided in Article 7. Unless otherwise specified, it is mutually agreed between the parties to this Agreement that the ENGINEER shall have the authority to issue written stop work orders whenever such stoppage may be necessary to insure the performance of the Work in accordance with the Contract Documents. 3.02 KEEPING OF PLANS AND SPECIFICATIONS ACCESSIBLE. The ENGINEER shall furnish the CONTRACTOR with four (4) copies of all Plans and Specifications without expense to the CONTRACTOR, and the CONTRACTOR shall keep one full size copy of the same constantly accessible on the job site, with the latest revisions noted thereon. The CONTRACTOR shall be responsible for preserving the Plans and Specifications, timely and accurately updated, for reference and review by the OWNER or the ENGINEER and submittal of redlines during closeout. 05/2008 00700 6 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 3.03 PRELIMINARY APPROVAL. The ENGINEER shall not have the power to waive the obligations imposed under this Contract for the furnishing by the CONTRACTOR of new material of good quality, and for good and workmanlike perfonnance of the Work as herein described, and in full accordance with the Contract Documents, without alteration, deletion or change. No failure or omission of' the ENGINEER to discover, object to or condemn any non- conforming or defective work or material, or to stop work, shall release the CONTRACTOR from the obligation to hilly and properly perform the Contract, including without limitation, the obligation to at once tear out, remove and properly replace any defective work or material at any time prior to final acceptance, upon discovery of such non conforming or defective work or material. Any questioned Work may be ordered taken up or removed for inspection by the ENGINEER prior to final acceptance, and if found not to be in accordance with the Contract Documents, all expense of removing, inspection and repair or replacement shall be borne by the CONTRACTOR; otherwise the expense thus incurred shall be allowed as Extra Work and shall be paid for by the OWNER, provided that where inspection or approval is specifically required by the Specifications prior to performance of certain work, should the CONTRACTOR proceed with such work without requesting prior inspection or approval, he shall bear all expense of taking up, removing and replacing this work if so directed by the ENGINEER. 3.04 INSPECTION BY ENGINEER. The ENGINEER shall make periodic visits to the site to observe the progress and quality of the executed Work and to detewiine if such Work generally meets the essential performance and design features and the technical, functional mid /or engineering requirements of the Contract Documents, and is in all other respects being performed in compliance with the Contract Documents. However, the ENGINEER shall not be responsible for making any detailed, exhaustive, comprehensive or continuous on -site inspections to check the quality and /or quantity of the work, nor shall the ENGINEER be in any way responsible, directly or indirectly, for the constriction means, methods, techniques, sequences, quality, procedures, programs, safety precautions or lack of same incident to the Work being performed or any part thereof. The ENGINEER shall use reasonable care to prevent deviation from the intent and substance of the Contract Documents by the CONTRACTOR in the performance of the Work and any part thereof and, on the basis of such on -site observations, will keep the OWNER infonned 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 Worlc. 05/2008 00700 7 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 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 quantities and qualities 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 terns and conditions of the Contract Documents, or any other dispute or question, the ENGINEER shall, within a reasonable time, provide a written interpretation of the Contract Documents or a written decision on all questions arising relative to the execution of the Work, copies of.which shall be delivered to all parties to the Contract. If the CONTRACTOR or OWNER desires to take exception to any directions, order, interpretation or instructions of the ENGINEER, CONTRACTOR or OWNER shall present any such claim to the ENGINEER in accordance with the provisions of Section 7.04. 3.06 RECOMMENDATION OF PAYMENT. The ENGINEER shall review the CONTRACTOR's application for payment and supporting documents, shall determine the amount owed to the CONTRACTOR and shall provide written recommendation to the OWNER for payment to the CONTRACTOR in such amount. Such recommendation of payment to CONTRACTOR shall constitute a representation to the OWNER of the ENGINEER's judgment that the work has progressed to the point indicated, to the best of his knowledge, information and belief; however, such recommendation of an application for payment to CONTRACTOR shall not be deemed an acceptance of any defective or non- conforming Work. Any recommendation of payment by the ENGINEER shall be subject to OWNER's rights to withhold payment under Section 6.11 and as otherwise provided in the Contract. 4.0 RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR 4.01 INDEPENDENT CONTRACTOR. CONTRACTOR is, and shall remain, an independent contractor, solely responsible for the manner and method of completing the Work under this Contract, with fu11 and exclusive power and authority to direct, supervise and control his own employees and to determine the means, method and manner of perfonning such Work, so long as such methods comply with the requirements of the Contract Documents, and do not adversely affect the completed improvements or any other property abutting or adjoining the Work area, the OWNER and ENGINEER being interested only in the result obtained and conformity of such completed improvements to the Plans, Specifications and Contract Documents. The fact that the OWNER or ENGINEER as the Owner's representative shall have the right to observe CONTRACTOR's work during his performance and to carry out the other prerogatives which are expressly reserved to and vested in the OWNER and the ENGINEER hereunder, is not intended to and shall not at any time change or affect the status of the CONTRACTOR as an independent contractor with respect to either the OWNER or the ENGINEER as the OWNER's representative or to the CONTRACTOR's own employees or to any other person, finn or corporation. 05/2008 00700 8 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.02 CONTRACTOR'S UNDERSTANDING. It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the Work, the confonnation 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 Worlc, the general and local conditions, including but not limited to weather, access, lay down and storage areas, and all other matters which in any way affect the Work under this Contract. It is further understood that the CONTRACTOR has satisfied himself as to the terms, meaning, intent and requirements of all of the Contract Docurnents, and applicable laws, codes, regulations and ordinances. CONTRACTOR hereby warrants and represents that it has taken into consideration all of the foregoing factors, and CONTRACTOR shall perform the Work for the Contract Price and within the Contract Time. No verbal agreement or conversation with any officer, agent or employee of the OWNER or the ENGINEER, either before or after the execution of this Contract, shall affect or modify any of the terns or obligations herein contained. 4.03 LAWS AND ORDINANCES. The CONTRACTOR shall at all times observe and comply with all federal, state or local laws, codes, ordinances, permits and regulations, regardless of whether the same are adopted before or after the execution of this Contract, which in any manner affect the Contract or the work, and shall indemnify, save and hold harmless the OWNER and the ENGINEER against any claim arising out of the violation of any such laws, ordinances and regulations, whether by the CONTRACTOR or his agents, employees, subcontractors or vendors. If the CONTRACTOR observes that the Plans and Specifications are at variance with federal or state laws or codes or the ordinances or regulations of the City, he shall promptly notify the ENGINEER in writing, and any necessary changes shall be made as provided in the Contract for changes in the work. If the CONTRACTOR performs any work lcnowing it to be contrary to such laws, codes, ordinances, rules or regulations, or if CONTRACTOR reasonably should have known of any such violation, and without such notice to the ENGINEER, CONTRACTOR shall bear all costs arising therefrom. The OWNER is a Political Subdivision of the State of Texas, and the law from which it derives its powers, insofar as the same regulates the objects for which, or the manner in which, or the conditions under which the OWNER may enter into contracts, shall be controlling and shall be considered as part of this Contract to the same effect as though embodied herein. Neither the act of OWNER entering into this Contract, nor OWNER's performance hereunder, shall constitute a waiver of any immunity from suit enjoyed by OWNER under applicable law, all such rights and defenses being hereby expressly reserved, notwithstanding any tern or provision herein to the contrary. The Code of Ordinances and other applicable regulations of the OWNER shall be deemed to be embodied in this Contract. The prevailing wage rates applicable to this Project shall be either Document 00811 Wage Scale for Engineering Construction, or Document 00813 Wage Scale for Building Construction, or both, as set out in the Project Manual. 05/2008 00700 9 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.04 ASSIGNMENT AND SUBLETTING. The CONTRACTOR further agrees that he 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, or any rights, duties or obligations arising thereunder, in whole or in part, without the prior written consent of the OWNER, and that no part or feature of the Work will be sublet to anyone objectionable to the ENGINEER or the OWNER. In addition, the OWNER reserves the right to disapprove the subletting of this Contract or any portion hereof on any basis whatsoever. The CONTRACTOR further agrees that the subletting of any portion or feature of the Work or materials required in the perfonnance of this Contract shall not relieve the CONTRACTOR from his obligations to the OWNER, as provided for by this Agreement. 4.05 PERFORMANCE, PAYMENT AND MAINTENANCE BONDS. In the event the Contract Price shall be in excess of $25,000.00, the CONTRACTOR shall execute separate Performance, Payment and Maintenance Bonds, each in the sum of one hundred percent (100 of the Contract Price, and each in accordance with the provisions of Chapter 2253 of the Texas Govenunent Code. If the Contract Price does not exceed $25,000.00, the statutory bonds will not be required. All required Bonds shall be payable to OWNER and on forms approved by the OWNER, and shall be executed by a corporate surety in accordance with Article 7.19 -1 of the Texas Insurance Code. It is agreed that the Contract shall not be in effect until such original Performance, Payment and Maintenance Bonds are delivered to and approved by the OWNER. The cost of the premium for the Performance, Payment and Maintenance Bonds shall be included in the CONTRACTOR's Bid Proposal. 4.06 INSURANCE. The CONTRACTOR, at his own expense, shall procure, maintain and keep in force throughout the duration of the Work, and throughout the Guarantee Period, insurance as specified in Attachment No. 1 hereto with regard to Workers' Compensation Insurance, and as specified in Attachment No. 3 hereto with regard to all other Insurance. Such insurance shall be carried with an insurance company licensed to transact business in the State of Texas and shall cover all operations in connection with this Contract, whether performed by the CONTRACTOR or a subcontractor, or others for whom CONTRACTOR is responsible. 4.07 PERMITS AND FEES. Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for all permits, licenses, and inspections necessary for proper execution and completion of the Work, and which are legally required at the time bids are received. Permits required by the City of Pearland will be issued as a NO FEE permit. 4.08 TEXAS STATE SALES TAX. Materials incorporated into this project are exempt from State Sales according to provisions of the Texas Tax Code, Chapter 151, Subsection H. The Contractor must obtain a limited sales, excise and use tax permit or exemption certificate which shall enable him to buy the materials to be incorporated into the Worlc without paying tax at due time of purchase. 05/2008 00700 10 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.09 CONTRACTOR'S DUTY AND SUPERINTENDENCE. The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of this Contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to the ENGINEER as the OWNER'S representative. The superintendent shall represent the CONTRACTOR in his absence and shall act as the agent of the CONTRACTOR, and all directions given to him shall be binding as if given to the CONTRACTOR. Adequate supervision by competent and reasonable representatives of the CONTRACTOR is essential to the proper performance of the Work, and lack of such supervision shall be an act of default, and grounds for suspending operations of the CONTRACTOR. The Work, from its commencement to completion, shall be under the exclusive charge and control of the CONTRACTOR, and all risk in connection therewith shall be borne by the CONTRACTOR. Neither the OWNER nor the ENGINEER as the OWNER's representative will be responsible for the acts or omissions of the CONTRACTOR, its subcontractors or any of its agents or employees, or any other persons performing any of the Work. 4.10 CHARACTER OF WORKERS. The CONTRACTOR agrees to employ only orderly and competent workers, skillful in the perfonnance of the type of work required under this Contract, to do the Work, and agrees that whenever the ENGINEER shall inform him in writing that any worker or workers on the Work are, in his opinion, incompetent, unfaithful or disorderly, or in the ENGINEER's opinion, are not using their best efforts for the progress of the Work, such worker or workers shall be discharged from the Work and shall not again be employed on the Work without the ENGINEER's written consent. OWNER reserves the right to object to any proposed subcontractor. 4.11 LABOR, EQUIPMENT, MATERIALS, CONSTRUCTION PLANT, AND BUILDINGS. The CONTRACTOR shall provide all labor, services, tools, equipment, machinery, supplies, facilities, utilities and materials necessary in the prosecution and completion of this Contract where it is not otherwise specifically provided that the OWNER shall fixrnish 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 Worlc, whether the CONTRACTOR has been paid, partially paid or not paid for such Work, until the entire Work is completed and accepted. The building or placement of strictures for housing workers or offices, or the erection of tents or other forms of protection, will be permitted only with the ENGINEER's written permission, and at such places as the ENGINEER shalt direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the ENGINEER. Any structures of any nature constructed, placed or erected by the CONTRACTOR for the purposes herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper erection, placement or construction thereof; and the CONTRACTOR agrees to indemnify and hold the ENGINEER or OWNER harmless from any claims of any nature whatsoever brought against either of them for damages allegedly sustained by anyone by reason of the erection, placement, construction or maintenance of CONTRACTOR's buildings or structures. 05/2008 00700 11 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.12 SANITATION. Necessary sanitary conveniences for the use of laborers and others on the Work site, properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by the ENGINEER, and their use shall be strictly enforced. Any structures of any nature constricted or erected by the CONTRACTOR for the purposes herein set out, shall be the sole responsibility of the CONTRACTOR as to the proper erection or construction thereof, and the CONTRACTOR agrees to indemnify and hold the ENGINEER and OWNER harmless from any claims of any nature whatsoever brought against either of them for damages allegedly sustained by anyone by reason of the erection, construction or maintenance of CONTRACTOR's buildings. 4.13 CLEANING AND MAINTENANCE. The CONTRACTOR shall at all times keep and maintain the premises free from accumulation of debris, trash and waste, and at the completion of the Work, he shall remove all such debris, trash and waste, and also his tools, scaffolding and surplus materials, and shall leave the Work broom -clean or its equivalent. The Work shall be left in good order and condition. In case of dispute, the OWNER may remove the debris, trash, waste and surplus materials, and charge the cost to the CONTRACTOR. 4.14 PERFORMANCE OF WORK. It is further agreed that it is the intent of this Contract that all Work must be done and all material must be furnished in accordance with the generally accepted practice for such materials furnished or work completed, unless otherwise provided in the Contract Documents. 4.15 RIGHT OF OWNER TO ACCELERATE THE WORK. If at any time the methods or equipment used by the CONTRACTOR, or the work force supplied are found to be inadequate to achieve the progress required to Substantially Complete the Work within the Contract Time, the OWNER or the ENGINEER as the OWNER's representative, may order the CONTRACTOR in writing to supplement its forces and /or equipment, or work shifts or overtime, or otherwise improve its efficiency and rate of progress to achieve Substantial Completion of the Work within the Contract Time, and the CONTRACTOR shall comply with such order, at its own cost and expense. 4.16 LAYOUT OF WORK. Except as specifically provided herein, the CONTRACTOR shall be responsible for laying out work and shall accomplish this work in a manner acceptable to the ENGINEER and in conformance with the Contract Documents. 4.17 SHOP DRAWINGS. The CONTRACTOR shall submit to the ENGINEER, with such promptness as to cause no delay in his own Work or in that of any other contractor, six (6) checked copies, unless otherwise specified, of all shop and /or setting drawings and schedules required for the work of the various trades. Contractor will check and approve shop drawings for compliance with requirements of Contract Documents and will so certify by stamp on each drawing prior to submittal to ENGINEER. Any drawings submitted without Contractor's stamp of approval will not be considered and will be returned to him for proper submission. The ENGINEER shall pass upon them with reasonable promptness, indicating desired corrections. 05/2008 00700 12 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT The CONTRACTOR shall make any corrections required by the ENGINEER, file with him two (2) corrected copies and famish such other copies as may be needed. The ENGINEER's approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from the Contract Documents, unless he has, in writing, called the ENGINEER's attention to such deviations at the time of the submission, and the ENGINEER has acknowledged and accepted such deviations in writing, 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 perfonn the required Contract Work in accordance with the Plans and Specifications and Contract Documents, and within the Contract Time. Such review by the ENGINEER shall be for the sole purpose of determining the apparent sufficiency of said drawings or schedules to result in finished improvements in conformity with the Plans and Specifications and Contract Documents, and shall not relieve the CONTRACTOR of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the ENGINEER does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during CONTRACTOR's performance hereunder, and any action taken by the ENGINEER shall not relieve the CONTRACTOR of his responsibility and liability to comply with the Contract Documents. 4.18 ENGINEER CONTRACTOR RELATIONSHIP; OBSERVATIONS. It is agreed by the CONTRACTOR that the ENGINEER, as the OWNER's representative, shall be and is hereby authorized to appoint such subordinate engineers, representatives or observers as the said ENGINEER may from time to time deem proper to observe the materials furnished and the Work done under this Agreement. The CONTRACTOR shall furnish all reasonable aid and assistance required by the subordinate engineers, representatives or observers for the proper observation and examination of the work. The CONTRACTOR shall regard and obey the directions and instructions of any subordinate engineers, representatives or observers so appointed, when such directions and instructions are consistent with the obligations of this Agreement and the Plans and Specifications and Contract Documents, provided, however, should the CONTRACTOR object to any orders by any subordinate engineer, representative or observer, the CONTRACTOR may, within three (3) days, make written appeal to the ENGINEER for his decision. 4.19 OBSERVATION AND TESTING. The OWNER or the ENGINEER as the OWNER's representative shall have the right at all reasonable times to observe, inspect and test the Work. The CONTRACTOR shall make all necessary arrangements and provide proper facilities and access for such observation, inspection and testing at any location wherever Work is in preparation or progress. The CONTRACTOR shall ascertain the scope of any observation, inspection or testing which may be contemplated by the OWNER or the ENGINEER and shall give ample notice as to the time each part of the Work will be ready for such observation, inspection or testing. The OWNER or the ENGINEER may reject any Work found to be defective or not in accordance with the Contract Documents, regardless of the stage of its completion or the time or place of discovery of such deficiencies, and regardless of whether the ENGINEER has previously accepted the Work through oversight or otherwise. If any Work is covered without approval or consent of the OWNER, it must, if requested by the OWNER or the ENGINEER, be uncovered for examination, at the sole expense of the CONTRACTOR. In the event that any part of the Work is being fabricated or manufactured at a location where it is not convenient for the OWNER or the ENGINEER to make observations of such Work or require testing of said Work, 05/2008 00700 13 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT then in such event, the OWNER or the ENGINEER may require the CONTRACTOR to furnish the OWNER or the ENGINEER with certificates of inspection, testing or approval made by independent persons competent to perfonn such tasks at the location where that part of the work is being manufactured or fabricated. All such tests will be in accordance with the methods prescribed by the American Society for Testing and Materials or such other applicable organization as may be required by law or the Contract Documents. If any Work, which is required to be inspected, tested or approved, is covered up without written approval or consent of the OWNER or the ENGINEER, it must, if requested by the OWNER or the ENGINEER, be uncovered for observation and testing, at the sole expense of the CONTRACTOR. The cost of all such inspections, tests and approvals shall be borne by the CONTRACTOR unless otherwise provided herein. Any Work which fails to meet the requirements of such tests, inspections or approval, and any Work which meets the requirements of any such tests or approval but does not meet the requirements of the Contract Documents shall be considered defective. Such defective Work and any other work affected thereby shall be corrected at the CONTRACTOR'S expense. Neither observations by the OWNER or by the ENGINEER, nor inspections, certifications, tests or approvals made by the OWNER, the ENGINEER or other persons authorized under this Agreement to make such inspections, tests or approvals, shall relieve the CONTRACTOR from his obligation to perform the Work in accordance with the requirements of the Contract Docurnents. 4.20 DEFECTS AND THEIR REMEDIES. It is farther agreed that if the Work or any part thereof or any material brought on the site of the Work for use in the Work or selected for the same, shall be deemed by the ENGINEER as unsuitable or not in conformity with the Plans and Specifications or Contract Documents, the CONTRACTOR shall, after receipt of written notice thereof from the ENGINEER, forthwith remove such material and rebuild or otherwise remedy such Work so that it shall be in full accordance with this Contract, It is further agreed that any such remedial action contemplated herein shall be at CONTRACTOR's expense. 4.21 LIABILITY FOR PROPER PERFORMANCE. Engineering construction drawings and specifications, as well as any additional instructions and information concerning the Work to be performed, passing from or through the ENGINEER, shall not be interpreted as requiring or allowing the CONTRACTOR to deviate from the Plans and Specifications or the Contract Documents, the intent of such drawings, specifications and any other such instructions being to define with particularity the agreement of the parties as to Work the CONTRACTOR is to perfouu. 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 constriction, and work performed either directly or incident to construction, and for all loss, damage or injury incident thereto, either to person or property, whether such damage be suffered by the ENGINEER, the OWNER or any other person not a party to this Contract. 05/2008 00700 14 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Any review of Work in progress or any visit or observation during construction, or any clarification of Plans and Specifications or Contract Documents by the ENGINEER or OWNER, or any agent, employee or representative of either of them, whether through personal observation on the Project site or by means of approval of shop drawings for constriction or construction processes, or by other means or methods, is agreed by the CONTRACTOR to be for the purpose of observing the extent and nature of Work completed or being performed, as measured against the Plans and Specifications and Contract Documents, or for the purpose of enabling the CONTRACTOR to more fully understand the Plans and Specifications and Contract Documents so that the completed construction Work will conform thereto, and shall in no way relieve the CONTRACTOR from full and complete responsibility for proper performance of his Work on the Project, including, without limitation, the propriety of means and methods of the CONTRACTOR in performing said Contract, and the adequacy of any designs, plans or other facilities for accomplishing such performance. Any action by the ENGINEER or the OWNER in visiting or observing during construction, or any clarification of Plans and Specifications or Contract Documents shall not constitute a waiver of CONTRACTOR'S liability for damages as herein set out. Deviation by the CONTRACTOR from Plans and Specifications or Contract Documents, whether called to the CONTRACTOR's attention or not, shall in no way relieve CONTRACTOR from his responsibility to complete all work in accordance with said Plans and Specifications and Contract Documents, and further shall not relieve CONTRACTOR of his liability for loss, damage or injury as herein set out. 4.22 PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC. The CONTRACTOR shall be solely responsible for the safety of himself, his employees and all other persons, as well as for the protection of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. The CONTRACTOR shall take out and procure a policy or policies of Workers' Compensation Insurance with an insurance company licensed to transact business in the State of Texas, which policy shall comply with the Workers' Compensation laws of the State of Texas. The CONTRACTOR shall at all times exercise reasonable precautions for the safety of employees and others on or near the Work and shall comply with all applicable provisions of federal, state and municipal laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded, as a minimum, in accordance with the "Manual of Accident Prevention in Constriction" of the Associated General Contractors of America, except where incompatible with federal, state or municipal laws or regulations. The CONTRACTOR shall provide all necessary machinery guards, safe walkways, ladders, bridges, gangplanks, barricades, fences, traffic control, warning signs and other safety devices. No alcoholic beverages, non- prescription drugs, or unsafe practices will be allowed on the Work site. CONTRACTOR shall dismiss anyone participating in any of the above from the Work site for the duration of the Project. Only prescription drug uses with a doctor's authorization to perform construction activities will be allowed on the Work site. Violation of this provision is a default under the Contract. The use, possession, sale, transfer, purchase or being under the influence of alcohol, drugs or any other illegal or unlawful substance by CONTRACTOR or CONTRACTOR's employees, or CONTRACTOR's subcontractors and employees at any time at the Work site or while on company business is prohibited. CONTRACTOR shall institute and enforce appropriate drug testing guidelines and program. 05/2008 00700 15 of 36 CITYOFPEARLAND GENERAL CONDITIONS OF AGREEMENT All accidents or injuries to CONTRACTOR's employees working on the job site must be reported verbally and in writing to the ENGINEER immediately, and within no more than eight (8) hours. The safety precautions actually taken and their adequacy shall be the sole responsibility of the CONTRACTOR, in his sole discretion as an independent contractor. Inclusion of this paragraph in the Agreement, as well as any notice which may be given by the OWNER or the ENGINEER as the OWNER's representative concerning omissions under thus paragraph as the Work progresses, are intended as reminders to the CONTRACTOR of his duty and shall not be construed as any assumption of duty to supervise safety precautions by either the CONTRACTOR or any of his subcontractors. 4.23 PROTECTION OF ADJOINING PROPERTY. The CONTRACTOR shall employ proper means to protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjacent or adjoining property. THE CONTRACTOR AGREES TO INDEMNIFY, DEFEND, SAVE AND HOLD HARMLESS THE OWNER AND ENGINEER AGAINST ANY CLAIM OR CLAIMS FOR DAMAGES, LOSS, COSTS OR EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES, DUE TO ANY INJURY TO ANY ADJACENT OR ADJOINING PROPERTY, ARISING OR GROWING OUT OF THE PERFORMANCE OF THE CONTRACT, REGARDLESS OF WHETHER OR NOT SUCH DAMAGE, LOSS, COST OR EXPENSE IS CAUSED IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE OR STRICT LIABILITY OF OWNER AND /OR ENGINEER. 4.24 PROTECTION AGAINST CLAIMS OF SUBCONTRACTORS, LABORERS, MATERIALMEN AND FURNISHERS OF MACHINERY, EQUIPMENT AND SUPPLIES. THE CONTRACTOR AGREES THAT HE WILL PROMPTLY PAY WHEN DUE, AND WILL INDEMNIFY, SAVE AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ALL CLAIMS GROWING OUT OF THE DEMANDS OF SUBCONTRACTORS, LABORERS, WORKERS, MECHANICS, MATERIALMEN AND FURNISHERS OF MACHINERY AND PARTS THEREOF, EQUIPMENT, POWER TOOLS AND ALL SUPPLIES, INCLUDING COMMISSARY, INCURRED IN THE FURTHERANCE OF THE PERFORMANCE OF THIS CONTRACT. When so desired by the OWNER, the CONTRACTOR shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged or waived. If the CONTRACTOR fails to do so, then the OWNER may, at the option of the OWNER, either pay directly any unpaid bills of which the OWNER has written notice, or withhold from the CONTRACTOR's unpaid compensation a sum of money deemed reasonably sufficient to liquidate any and all such claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payments to the CONTRACTOR shall be resumed in full, in accordance with the terms of this Contract. Any and all communications between any parties under this paragraph shall be in writing. Nothing contained in this paragraph or this Agreement shall create, establish or impose any relationship, contractual or otherwise, between OWNER and any subcontractor, laborer or supplier of CONTRACTOR, nor shall it create, establish or impose any duty upon OWNER to pay or to see to the payment of any subcontractor, laborer or supplier of CONTRACTOR. 05/2008 00700 16 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.25 PROTECTION AGAINST ROYALTIES OR PATENTED INVENTION. The CONTRACTOR shall pay all royalties and license fees and shall provide for the use of any design, device, material or process covered by letters patent or copyright, by suitable legal agreement with the patentee or owner thereof THE CONTRACTOR SHALL DEFEND ALL SUITS OR CLAIMS FOR INFRINGEMENT OF ANY PATENT OR COPYRIGHT AND SHALL INDEMNIFY, SAVE AND HOLD THE OWNER AND THE ENGINEER HARMLESS FROM ANY LOSS OR LIABILITY ON ACCOUNT THEREOF, EXCEPT SUCH SUITS AND CLAIMS ARISING OUT OF A PARTICULAR DESIGN, DEVICE, MATERIAL OR PROCESS OR THE PRODUCT OF A PARTICULAR MANUFACTURER OR MANUFACTURERS SPECIFIED OR REQUIRED BY THE OWNER; PROVIDED, HOWEVER, IF CHOICE OF ALTERNATE DESIGN, DEVICE, MATERIAL OR PROCESS IS ALLOWED TO THE CONTRACTOR, OR IF CONTRACTOR KNEW OR SHOULD HAVE KNOWN OF THE PATENT OR COPYRIGHT AND FAILED TO PROMPTLY NOTIFY OWNER IN WRITING, THEN THE CONTRACTOR SHALL INDEMNIFY, DEFEND, SAVE AND HOLD THE OWNER HARMLESS FROM ANY LOSS OR LIABILITY ON ACCOUNT THEREOF. 4.26 INDEMNIFICATION. THE CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND HOLD THE ENGINEER AND THE OWNER HARMLESS FROM ANY CLAIMS OR DEMANDS OF ANY NATURE WHATSOEVER MADE BY ANY EMPLOYEE, EMPLOYEES, AGENTS OR SUBCONTRACTORS OF CONTRACTOR, OR BY ANY UNION, TRADE ASSOCIATION, WORKER'S ASSOCIATION OR OTHER GROUPS, ASSOCIATIONS OR INDIVIDUALS, ALLEGEDLY REPRESENTING EMPLOYEES OF THE 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, COMPENSATION, BENEFITS, WORKING CONDITIONS OR ANY OTHER SIMILAR COMPLAINT OR CLAIM WHICH MAY BE MADE. THE CONTRACTOR, HIS SURETIES AND INSURANCE CARRIERS SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE OWNER AND THE ENGINEER AND THEIR RESPECTIVE OFFICERS, REPRESENTATIVES, AGENTS AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, CLAIMS, LOSSES, DEMANDS, SUITS, LIABILITIES, JUDGMENTS AND COSTS OF ANY CHARACTER WHATSOEVER, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES, AND SHALL BE REQUIRED TO PAY ANY JUDGMENT THEREFOR, WITH COSTS, WHICH MAY BE OBTAINED AGAINST THE OWNER AND /OR THE ENGINEER OR ANY OF THEIR OFFICERS, REPRESENTATIVES, AGENTS OR EMPLOYEES, ARISING OUT OF OR RESULTING FROM OR ALLEGEDLY ARISING OUT OF OR RESULTING FROM THE PERFORMANCE OF THE WORK, PROVIDED THAT ANY SUCH DAMAGES, CLAIM, LOSS, DEMAND, SUIT, LIABILITY, JUDGMENT, COST OR EXPENSE: (A) ARISES OUT OF OR RESULTS FROM IN WHOLE OR IN PART, OR ALLEGEDLY ARISES OUT OF OR RESULTS FROM IN WHOLE OR IN PART, ANY BREACH OF THIS AGREEMENT OR BREACH OF WARRANTY BY CONTRACTOR; OR 05/2008 00700 17 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (B) IS ATTRIBUTABLE TO BODILY INJURY, SICKNESS, DISEASE OR DEATH OR INJURY TO OR DESTRUCTION OF TANGIBLE PROPERTY, INCLUDING THE LOSS OF USE RESULTING THEREFROM; AND IS CAUSED IN WHOLE OR IN PART OR IS ALLEGEDLY CAUSED 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 OR ALLEGEDLY CAUSED IN PART BY THE NEGLIGENCE, GROSS NEGLIGENCE OR STRICT LIABILITY OF OWNER, ENGINEER AND /OR A PARTY INDEMNIFIED HEREUNDER. Notwithstanding the foregoing or anything in the Agreement to the contrary, in accordance with the provisions of Section 130.002 of the Texas Civil Practice and Remedies Code, CONTRACTOR shall not be obligated to indemnify or hold harmless the ENGINEER, his agents, servants or employees, from liability for darnage that is caused by or results from defects in plans, designs or specifications prepared, approved or used by the ENGINEER, or negligence of the ENGINEER in the rendition or conduct of professional duties called for or arising out of any construction contract and the plans, designs or specifications that are a part of the construction contract, and arises from personal injury or death, property injury, or any other expense that arises from personal injury, death, or property injury. This indemnity agreement is a continuing obligation, and shall survive notwithstanding completion of the Work, Final Payment, expiration of the warranty period, termination of the Contract, and abandonment or takeover of the Work. CONTRACTOR's indemnification obligations hereunder shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or a subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts, and shall not be limited by any limitation on amounts or coverage of insurance provided or to be provided under this Contract. 4.27 LOSSES FROM NATURAL CAUSES. All loss, cost, expense or damage to the CONTRACTOR arising out of the nature of the Work to be done or from any unforeseen circumstances in the prosecution of the same, or from the action of the elements, or from unusual obstructions or difficulties which may be encountered in the prosecution of the Work, shall be sustained and borne by the CONTRACTOR at his own cost and expense. 4.28 GUARANTEE. The CONTRACTOR hereby guarantees all the Work under the Contract to be free from defects or deficiencies in material in every particular and free from defects or deficiencies in worlcmanship; and against unusual damage from proper and usual use; and agrees to replace or to re- execute without cost to the OWNER such Work as may be found to be defective, deficient or otherwise not in conformance with the Contract Documents, and to make good all damages caused to other work or material, due to such defective Work or due to its required replacement or re- execution. This guarantee shall cover a period of one year from the date of Substantial Completion or Partial Substantial Completion of Work under the Contract, as evidenced by the Certificate of Substantial Completion. Neither the Certificate of Substantial 05/2008 00700 18 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Completion, Final Payment, nor any provision in the Contract Documents shall relieve the CONTRACTOR of the responsibility for defective, deficient or non conforming material or workmanship during the period covered by the guarantee. The one -year period of guarantee will not limit the OWNER'S other rights under common law with respect to any defects, deficiencies or non conforming Work discovered after one year. If this one -year guarantee conflicts with other warranties or guarantees, the longer period of warranty or guarantee will govern. 5.0 PROSECUTION AND PROGRESS 5.01 TIME AND ORDER OF COMPLETION. It is the meaning and intent of this Contract, unless otherwise herein specifically provided, that the CONTRACTOR shall be allowed to prosecute his Work at such times and seasons, in such order of precedence, and in such manner as shall be most conducive to economy of constriction; provided, however, that the order and the time of prosecution shall be such that the Work shall be Substantially Completed as a whole and in part, in accordance with this Contract and the Contract Time; provided, also, that when the OWNER is having other work done, either by contract or by his own forces, the ENGINEER may direct the tirne and manner of constructing the Work done under this Contract, so that conflict will be avoided and the construction of the various works being done for the OWNER shall be harmonized, and the CONTRACTOR shall fully cooperate and coordinate its Work with OWNER or such other contractors. The CONTRACTOR shall submit, at such times as may reasonably be requested by the ENGINEER, schedules which shall show the order in which the CONTRACTOR proposes to cany on the Work, with dates on which the CONTRACTOR will start the several parts of the work, and estimated dates of completion of the several parts. Such schedules shall show completion of the Work within the Contract Time, and/or shall show such recovery efforts as CONTRACTOR intends to undertake in the event Substantial Completion of the Work is delayed. 5.02 EXTENSION OF TIME. The CONTRACTOR agrees that he has submitted his Bid Proposal in full recognition of the time required for the completion of this Project, taking into consideration the average climatic range and industrial conditions prevailing in this locality, and has considered the liquidated damage provisions as hereinafter set forth, and that he shall not be entitled to, nor will he request, an extension of time on this Contract, except when Substantial Completion of the Work has been delayed solely by any act or neglect of the OWNER, the ENGINEER, or any employee of either, by other contractors employed by the OWNER, by any approved change in the Work, by strikes, lockouts, fires, Acts of God, or by any other cause which the ENGINEER shall decide justifies the delay. The CONTRACTOR shall give the ENGINEER prompt notice, in writing and within three (3) days of the start of any such delay, of the cause of any such delay, and its estimated effect on the Work and the schedule for completion of the Work. Upon receipt of a written request for an extension of the Contract Time from the CONTRACTOR, supported by relevant and all requested documentation, the ENGINEER shall submit such written request, together with his written recommendation, to the OWNER for consideration. If the delay is not attributable in whole or in part to any act or omission of CONTRACTOR, its subcontractors or suppliers, and if the OWNER determines that CONTRACTOR is entitled to an extension of time under the terns of the Contract, the OWNER shall grant an extension of time for Substantial Completion of the Work, sufficient to compensate for the delay, and such extension of time shall be CONTRACTOR's sole and exclusive remedy, except as may be otherwise provided herein. No extensions of Contract Time shall be made for delays occurring prior to the Contractor's mobilization as defined in Section 01505 MOBILIZATION. 05/2008 00700 19 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT The Contract Time as defined in the Bid Proposal and other sections herein contains 40 Rain Days. The CONTRACTOR is required to keep record of all weather related delays and to submit the monthly count on each Pay Application. The Owner's Representative shall review and sign off on this record as a part of the Pay Application approval process every month. If, during preparation of the Balancing Change Order, the status of the work progress requires an extension of the Contract Time, Impact Days shall be added to the Completion Date equal to the total number of Weather or Impact Days approved less the original 40 days resident in the original Contract Time. The Addition of Weather or Impact Days will only alter the Contract Time when added by Change Order. If the Work is completed prior to the Completion Date, No Days will be added. The addition of Weather or Impact Days shall be the CONTRACTOR's sole remedy for delays to the completion of the Work and their addition to the Contract Time shall not affect the Contract Price through any "per deim" adjustment to the General Conditions costs, Temporary Facilities costs or any other costs associated with the extension of the Contract Time. 5.03 HINDRANCES AND DELAYS. In executing the Contract, the CONTRACTOR agrees that in undertaking to complete the Work within the time herein fixed, he has taken into consideration and made allowances for all interference, disruption, hindrances and delays incident to such Work, whether growing out of delays in securing material, workmen or otherwise. No claim shall be made by the CONTRACTOR for damages, loss, costs or expense resulting from interference, disruption, hindrances or delays from any cause during the progress of any portion of the Work embraced in this Contract, except where the Work is stopped or suspended by order of the OWNER, or the ENGINEER as the OWNER's representative, and such stoppage or suspension is not attributable to any act or omission of CONTRACTOR. 5.04 SUSPENSION OF WORK. OWNER may, without cause, order the CONTRACTOR in writing to suspend the Work, in whole or in part, for such period of time as OWNER may request. The Contract Price and /or Contract Time shall be adjusted for any increase in the cost of or the time required for performance of the Work caused by such suspension. No adjustment shall be made to the extent perfornance was or would have been suspended by a cause for which CONTRACTOR is responsible, or to the extent an adjustment is made or denied under another provision of the Contract Documents. 5.05 LIQUIDATED DAMAGES FOR DELAY: It is understood and agreed that time is of the essence, and that the CONTRACTOR will commence the Work on the date specified herein or in any Notice to Proceed, and will Substantially Complete the Work within the Contract Time. It is expressly understood and agreed, by and between the CONTRACTOR and the OWNER, that the time for the Substantial Completion of the Work described herein is reasonable time for the completion of the same, taking into consideration the average climatic range and conditions and usual industrial conditions prevailing in this locality. The 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 Contract Time, the CONTRACTOR shall pay, as liquidated damages and as a reasonable estimate of OWNER's damages, and not as a penalty, the amount set out in the Standard Form of Agreement. 05/2008 00700 20 of 36 CITY OFPEARLAND GENERAL CONDITIONS OF AGREEMENT However, the foregoing agreement as to liquidated damages constitutes only an agreement by the OWNER and the CONTRACTOR as to the amount of damages which the OWNER will sustain by reason of the CONTRACTOR'S failure to complete the work within the Contract Time. Should the OWNER suffer damage by reason of any other breach by CONTRACTOR, the OWNER may recover such actual damages in addition to any liquidated damages due. The OWNER shall have the right to deduct and withhold the amount of any and all such damages whether it be the minimum amount stipulated above or otherwise, from any monies owing by it to said CONTRACTOR, .or the OWNER may recover such amount from the CONTRACTOR and the sureties of his bond; all of such remedies shall be cumulative and the OWNER shall not be required to elect any one nor be deemed to have made an election by proceeding to enforce any one remedy. 5.06 CHANGE OF CONTRACT TIME: The Contract Time may only be changed by a Change Order. Any claim for an adjustment of Contract Time shall be based on written notice delivered by the party making such claim to the other party and to the ENGINEER promptly, but in no event later than ten (10) days after the event giving rise to the claim. Notice of the extent of the claim, along with supporting data, shall be delivered within thirty (30) days of the occurrence and shall be accompanied by the claimant's written representation that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in Contract Time shall be determined by the ENGINEER in accordance with the requirements of this paragraph. Contractor shall submit, as a minimum, the following data: A. Information showing that the time requested is not included in the existing Contract and in addition to the Contract. B. Information documenting that the number of days requested is accurate for the event. C. Revised, current construction schedule showing that the time requested affects the project's critical path. 5.07 DELAYS BEYOND OWNER'S AND CONTRACTOR'S CONTROL: Where CONTRACTOR is prevented from completing any part of the Work within the Contract Time due to delays beyond the control of the OWNER and the CONTRACTOR, including, but not limited to, interference by utility owners or other contractors performing other work, Contractor shall be entitled to an extension of the Contract Time in an amount equal to the time lost. CONTRACTOR shall not be entitled to any increase in Contract Price as a result of such delays. IN NO EVENT SHALL OWNER BE LIABLE TO CONTRACTOR FOR DAMAGES ARISING OUT OF OR RESULTING FROM (i) Delays caused by, or within the control of, the CONTRACTOR, or (ii) Delays beyond the control of both parties including, but not limited to, interference by utility owners or other contractors performing other work, fires, floods, epidemics, abnormal weather conditions, acts of God, even if such delays are due in part to the negligence, other fault, breach of contract or warranty, violation of the Texas Deceptive Trade Act, or strict liability without regard to fault of OWNER. An extension of Contract time shall be CONTRACTOR's sole and exclusive remedy for any such delays. Delays attributed to, and within the control of, a Subcontractor or Supplier shall be deemed to be delays within the control of the CONTRACTOR. 05/2008 00700 21 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6.0 MEASUREMENT AND PAYMENT 6.01 DISCREPANCIES AND OMISSIONS. If the CONTRACTOR knows or reasonably should have known of any discrepancies or omissions in the Plans, Specifications or Contract Documents, he shall notify the ENGINEER and obtain a clarification by Addendum before the bids are received, and if no such request is received by the ENGINEER prior to the opening of bids, then it shall be considered that the CONTRACTOR fully understands the Worlc to be performed and has provided sufficient sums in his Bid Proposal to complete the Work in accordance with the Plans and Specifications and Contract Docurnents. It is further understood that any request for clarification must be submitted no later than five (5) days prior to the opening of bids. 6.02 QUANTITIES AND MEASUREMENTS. No extra or customary measurements of any kind will be allowed, but the actual measured and /or computed length, area, volume, number and weight only shall be considered, unless otherwise specifically provided. 6.03 ESTIMATED QUANTITIES. This Agreement, including the Specifications, Plans and Contract Documents, and including any estimates contained therein, is intended to convey all Work to be done and material to be furnished hereunder. Where the estimated quantities are shown for the various classes of Work to be done and material to be furnished under this Contract, they are approximate and are to be used only as a basis for estimating the probable cost of the Work and for comparing the Bid Proposals offered for the Work. It is understood and agreed that the actual amount of Work to be done and the materials to be furnished under this Contract may differ from the estimates and that the items listed or estimated quantities stated, and/or any difference between estimated and actual Work, shall not give rise to a claim by the CONTRACTOR against the OWNER for loss, cost, expense, damages, unit price adjustment, quantity differences, unrecovered overhead or lost or anticipated profits, or other compensation. 6.04 PRICE OF WORK. It is agreed that it is the intent of this Contract that all Work described in the Bid Proposal, the Plans and Specifications and other Contract Documents, is to be done for the prices bid by the CONTRACTOR and that such prices shall include all appurtenances necessary to complete the Work in accordance with the intent of these Contract Documents as interpreted by the ENGINEER, and all costs, expenses, bond and insurance premiums, taxes, overhead, and profit. In consideration of the furnishing of all the necessary labor, equipment and material and the completion of all Work by the CONTRACTOR, and upon the completion of all Work and the delivery of all materials embraced in this Contract in full confonnity with the Contract Documents, the OWNER agrees to pay to the CONTRACTOR the prices set forth in the Standard Form of Agreement, for the material actually used and services actually performed; however, the OWNER does not assume any obligation to pay for any services or material not actually authorized and used. The 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 hill performance of the Work and the whole thereof in the manner and according to this Agreement, the Plans and Specifications and Contract Documents, and the requirements of the ENGINEER. 05/2008 00700 22 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6.05 PAYMENTS. No payments made or approvals or certificates given shall be considered as conclusive evidence of the performance of the Contract, either in whole or in part, nor shall any certificate, approval or payment be considered as acceptance of defective, deficient or non conforming Work. CONTRACTOR shall, at any time requested during the progress of the Work, famish the OWNER or the ENGINEER with an affidavit showing the CONTRACTOR's total outstanding indebtedness in connection with the Work. Before Final Payment is made, the CONTRACTOR shall satisfy the OWNER, by affidavit or otherwise, that there are no unpaid claims due subcontractors, suppliers or laborers by reason of any Work under the Contract. Acceptance by CONTRACTOR of Final Payment shall constitute a waiver of any and all claims of whatsoever nature against OWNER, arising out of or related to the Contract, or the Work, or any acts or omissions of OWNER or ENGINEER, which have not theretofore been timely filed as provided in this Contract. 6.06 PARTIAL PAYMENTS. When the Contract Price is a lump sum amount, prior to the first Application for Payment, CONTRACTOR shall submit to ENGINEER for review and approval a Schedule of Values, which shall fairly allocate the entire Contract Price among the various portions of the Work and shall be prepared in such form and supported by such data to substantiate its accuracy as the ENGINEER may reasonably require. The Schedule of Values shall follow the trade divisions of the Specifications so far as practicable. Upon approval, this Schedule of Values shall be used by ENGINEER as the basis for reviewing the Contractor's Application for Payment. Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. On or before the tenth day of each month, the CONTRACTOR shall prepare and submit to the ENGINEER, for approval or correction, an application for partial payment, being a statement showing as completely as practicable, the total value of the Work clone by the CONTRACTOR up to and including the twenty -fifth day of the preceding month; said statement shall also include the value of all conforming materials to be fabricated into the Work and stored in accordance with manufacturer's recommendation at the Work site only. No payment will be made for materials stored until Owner has approved in writing storage at the Work site. The ENGINEER shall then review such statement and application for partial payment and the progress of the Work made by the CONTRACTOR and, within ten days after the date ENGINEER receives CONTRACTOR's application for payment, if the application is found to be accurate and correct and confonning to the requirements of the Contract Documents, the ENGINEER shall prepare a preliminary certificate for partial payment and shall deliver his preliminary certification for payment to the OWNER and the CONTRACTOR; or, if the ENGINEER finds that CONTRACTOR's application for payment contains an error or is otherwise disputed, he shall notify CONTRACTOR of such error or dispute, and shall prepare a preliminary certificate for partial payment for the undisputed amount of the application for payment due CONTRACTOR, and deliver it to the OWNER and CONTRACTOR. ENGINEER'S notice to CONTRACTOR that a bona fide dispute for payment exists shall include a list of the specific reasons for nonpayment The OWNER shall then pay the CONTRACTOR, within thirty (30) days of the date of ENGINEER's receipt of the application for payment, the undisputed balance due, less applicable retainage, and further less all previous payments and all further sums that may be retained or withheld by the OWNER under the terms of this Agreement. CONTRACTOR may submit a corrected application for payment after its receipt of the ENGINEER's notice of error or dispute, and such corrected application for payment shall be reviewed by the ENGINEER and disputed or paid under the same procedure and within the same time limits set out above. 05/2008 00700 23 of 36 CITYOFPEARLAND GENERAL CONDITIONS OF AGREEMENT As a condition of any progress payment under this Agreement, CONTRACTOR shall execute and deliver to ENGINEER and OWNER a full release of all claims, direct or indirect, at law or in equity, arising out of or related to the Work to date, excluding retainage or any claims previously submitted as required under the teens of the Contract, and specifically identified and excluded by CONTRACTOR in the release. OWNER shall be entitled to retain from each progress payment five percent (5 of the amount thereof. Such retainage shall be retained until Final Completion and satisfaction of all conditions for Final Payment. It is understood, however, that in case the whole Work be near to completion, as certified by the ENGINEER, and some unexpected or unusual delay occurs, through no neglect or fault on the part of the CONTRACTOR, the OWNER may, upon written recommendation of the ENGINEER, pay a reasonable and equitable portion of the retained percentage to the CONTRACTOR, or the CONTRACTOR, at the OWNER'S option, may be relieved of the obligation to fully complete the Work, and thereupon, the CONTRACTOR shall receive, at the OWNER'S option, payment of the balance due him under the Contract for Work completed in accordance with the Contract Documents, subject to OWNER's rights to otherwise withhold or retain payments, and subject to the conditions set forth under "6.08 FINAL PAYMENT." The Owner at its option and in compliance with Texas law may reduce retainage to less than the above stated percentages. 6.07 USE OF COMPLETED PORTIONS PUNCHLIST. The OWNER shall have the right to take possession of and use any completed or partially completed portions of the Work, notwithstanding that the time for completing the entire work or such portions may not have expired; but such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the Work, the CONTRACTOR shall promptly and within three (3) days of OWNER's taking possession, give OWNER written notice of same, and CONTRACTOR may be entitled to such extra compensation or extension of time, or both, as may be determined in accordance with the provisions of this Agreement. 6.08 SUBSTANTIAL COMPLETION. The CONTRACTOR shall notify the OWNER AND ENGINEER, by letter executed by a duly qualified officer of CONTRACTOR, that in CONTRACTOR's opinion, the Work of the Contract, or an agreed portion thereof, is "Substantially Complete Upon receipt, and within a reasonable time thereafter, of such notice, the. ENGINEER and the CONTRACTOR shall jointly perfo u a walk through and inspection of the Work to determine the status of all or the identified portion of the work, and shall prepare a detailed list of unfinished, incomplete, defective and /or non conforming Work "Punchlist If the ENGINEER detennines that the Work is Substantially Complete in accordance with the Contract Documents, the ENGINEER shall issue to the OWNER and the CONTRACTOR a Certificate of Substantial Completion. OWNER shall have seven (7) days after receipt of Certificate to make written objection to the ENGINEER as to any provision of the Certificate or the attached list of non conforming work. If ENGINEER concludes that the Work is not Substantially Complete, ENGINEER will, within fourteen (14) days, notify CONTRACTOR of the reason he believes the Work is not Substantially Complete. 05/2008 00700 24 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Upon Substantial Completion of the Work, ENGINEER will deliver to OWNER and CONTRACTOR a written recommendation as to division of responsibilities, pending final payment and acceptance, with respect to security, maintenance, utilities and damage to the Work, except as otherwise provided in the Certificate of Substantial Completion. NEITHER THE SUBSTANTIAL COMPLETION OF THE WORK, NOR THE OMISSION OF AN ITEM FROM THE PUNCHLIST, SHALL EXCUSE THE CONTRACTOR FROM PERFORMING ALL OF THE WORK UNDERTAKEN, WHETHER OF A MINOR OR MAJOR NATURE, AND THEREBY COMPLETING THE WORK IN ACCORDANCE WITH THE CONTRACT DOCUMENTS. The Certificate of Substantial Completion shall establish the time period within which CONTRACTOR shall complete the Work for Final Acceptance by the Owner and ENGINEER. 6.08 -1 OWNER shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion, for security requitement reasons. OWNER may establish an access procedure to facilitate CONTRACTOR's uninterrupted access to the Work for the purposes of completing and correcting all items on the Punchlist in an expeditious manner 6.09 FINAL PAYMENT. Final payment of the Retainage withheld from the Contract Price shall be made by the OWNER to the CONTRACTOR at such time as: (a) the Work, including all Change Orders and including all Punchlist work, has been fully completed in strict accordance with the Contract Documents; (b) the Contract has been fully performed except for the CONTRACTOR's responsibility to correct nonconfonning Work during the warranty period set forth in the Contract Documents, and to satisfy other requirements, if any, which necessarily survive final payment; (e) (e) (g) CONTRACTOR delivers to OWNER a certificate evidencing that insurance required by the Contract Documents to remain in force after final payment is currently in effect and will not be cancelled or allowed to expire until at least 30 days prior written notice has been given to OWNER; (d) CONTRACTOR delivers to OWNER a Consent of Surety, if any, to final payment; CONTRACTOR delivers to OWNER a complete set of As -Built Drawings, reflecting all deviations from the Plans, Specifications and approved shop drawings in the Work actually constructed, and delivers all maintenance and operating manuals and /or instructions; (0 CONTRACTOR delivers to OWNER alt building certificates required prior to occupancy and all other required inspections approvals acceptances by city, county, state governmental entities or other authorities having jurisdiction; CONTRACTOR delivers to OWNER assignments of all guarantees and warranties from subcontractors, vendors, suppliers or manufacturers, as well as naives, addresses and telephone numbers of contacts for each subcontractor, vendor, supplier or manufacturer; 05/2008 00700 25 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT (h) CONTRACTOR removes all equipment, tools, temporary facilities, surplus materials and rubbish from the site, and final cleans the site to OWNER's satisfaction; (i) CONTRACTOR delivers to OWNER a Full and Final Release and Affidavit of Bills Paid in the form attached hereto as Attachment No. 2, executed by CONTRACTOR; (j) CONTRACTOR delivers to OWNER all other documentation required to be submitted to OWNER pursuant to the Contract Documents, including but not limited to any special guarantees or warranties, operation and maintenance manuals, etc'. in each case in a form satisfactory to OWNER as determined in OWNER's sole discretion; and (k) the Final Application for Payment has been approved by the ENGINEER and OWNER. Acceptance of Final Payment by the CONTRACTOR shall constitute a waiver of all claims by CONTRACTOR against OWNER other than any claims previously made in writing by CONTRACTOR against OWNER, and still unsettled, and except for claims arising out of third party actions, cross claims and counterclaims. No interest shall be due or payable by OWNER to CONTRACTOR on any sums retained or withheld by OWNER pursuant to the terms or provisions of the Contract Documents, except as otherwise provided by applicable law. Neither the Certificate of Substantial Completion nor the Final Payment nor possession or acceptance of the Work shall relieve the CONTRACTOR of its obligation for correction of defective or non- conforming Work, or for fulfillment of any warranty, which may be required by law or by the Contract Documents. 6.10 CORRECTION OF WORK BEFORE FINAL PAYMENT. The CONTRACTOR shall promptly remove from OWNER's premises all materials, equipment or Work which is defective or otherwise not in conformance with the Contract Documents, whether actually incorporated in the Work or not, and CONTRACTOR shall, at his own expense, promptly replace such materials, equipment or Work with other materials conforming to the requirements of the Contract. The CONTRACTOR shall also bear the expense of restoring all work of CONTRACTOR or other contractors damaged by any such removal or replacement. If CONTRACTOR does not remove and replace any such unsuitable Work within a reasonable time after receipt of a written notice from the OWNER or the ENGINEER, the OWNER may remove, replace and remedy such work at CONTRACTOR's expense. 6.11 CORRECTION OF WORK AFTER FINAL PAYMENT. If within one (1) year from the date of Substantial Completion or such longer period of time as may be prescribed by law or by the terns of any applicable special warranty required by the Contract Docurents, any of the Work is found to be defective or not in accordance with the Contract Documents, CONTRACTOR shall, at its sole cost; correct it and any other work affected thereby promptly after receipt of a written notice from OWNER to do so. In addition, CONTRACTOR shall be responsible for any damage to building contents, when such damage results from the CONTRACTOR's use of faulty materials or defective worlcmanship, to the extent such damage is not covered by OWNER's insurance. This warranty period shall renew and recommence for each corrected item of Work upon completion of the remedial work. This time period for correction by CONTRACTOR is in 05/2008 00700 26 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT addition to, and not in lieu of, all warranties or remedies, which exist at common law or by statute. These warranty obligations shall survive the termination of this Contract, and shall be enforceable by a decree of specific performance, in addition to such other rights and remedies available to OWNER at law or in equity. 6.12 PAYMENTS WITHHELD. The OWNER may withhold, or on account of subsequently discovered evidence nullify and demand immediate repayment of, the whole or part of any certificate for payment or payment, to such extent as may be necessary to protect OWNER from loss on account of: (a) Defective or non conforming Work not remedied; (b) Claims filed or reasonable evidence indicating probable filing of claims; (e) Failure of the CONTRACTOR to make payments promptly to subcontractors or for material or labor; (d) Damage to another contractor, OWNER, existing improvements on the site, or to adjacent or adjoining property; (e) (f) (g) Reasonable doubt that the Work can be completed for the unpaid balance of the Contract amount; Reasonable indication that the Work will not be completed within the Contract Time; Failure on the part of the CONTRACTOR to execute any and all documents, releases or other documents presented to the CONTRACTOR for execution, as provided for herein or otherwise; (h) Liquidated or other damages due to late completion; and /or (i) Any breach by CONTRACTOR of this Contract or any other agreement between OWNER and CONTRACTOR. When the above grounds are removed to OWNER's satisfaction, the withheld payment shall. be made promptly. If the said causes are not so remedied, OWNER may remedy the same for CONTRACTOR's account, charge the entire cost thereof to CONTRACTOR and deduct such cost from the Contract Sum or from any payments due or to become due under any other agreement between OWNER and CONTRACTOR. 05/2008 00700 27 of 36 CITY OFPEARLAND GENERAL CONDITIONS OF AGREEMENT 6.13 DELAYED PAYMENTS. Should the OWNER fail to make payment to the CONTRACTOR when payment is due in accordance with the terns of the Contract Documents, any interest due CONTRACTOR for late payments shall accrue and be paid in accordance with the provisions of Chapter 2251 of the Texas Government Code, as amended, and payment of such interest shall fully liquidate and compensate any injury to the CONTRACTOR growing out of such delay in payment. Should OWNER fail to pay CONTRACTOR an undisputed amount due within the time limits provided in the Contract or applicable law, CONTRACTOR shall give the notice required and comply with the provisions of Section 2251.051 of the Texas Government Code, and shall thereupon be entitled to the rights and remedies provided therein. 7.0 EXTRA WORK AND CLAIMS 7.01 CHANGE ORDERS. Without invalidating this Agreement, the OWNER may, at any time or from time to time, order additions, deletions or revisions to the Work; such changes will be authorized by Change Order to be prepared by the ENGINEER for execution by the OWNER and the CONTRACTOR. The Change Order shall set forth the basis for any change in Contract Price, as hereinafter set forth for Extra Work, and any change in Contract Time, which may result from the change. 7.02 In accordance with paragraph 1.07 CONTRACTOR'S request to work weekends, the Owner's Construction Manager shall, upon receipt of written notice by the CONTRACTOR of the need to conduct work on otherwise non -Work Days, prepare a cost estimate for providing Construction Management and Inspection services during the requested period and submit this to both OWNER and CONTRACTOR. If approved by both parties the Constriction Manager shall prepare a Deductive Change Order in the amount stated in the estimate for the signature of the CONTRACTOR and the OWNER for inclusion in the next Pay Application. The Deductive Change Order must be signed and executed by both the OWNER and CONTRACTOR prior to start of work on any non -Work Day. 7.03 MINOR CHANGES. The ENGINEER may authorize minor changes in the Work not inconsistent with the overall intent of the Contract Documents and not involving an increase in Contract Price or time. If the CONTRACTOR believes that any minor changes authorized by the ENGINEER involves Extra Work or entitles him to an increase in the Contract Price or the Contract Time, the CONTRACTOR shall give notice of same by written request to the ENGINEER for a written Work Order, with a copy to OWNER. Any such notice and request by the CONTRACTOR shall be given prior to beginning the changed work. CONTRACTOR's commencement of any minor change in the Work prior to such written notice and request shall constitute a waiver of any and all claims for an increase in the Contract Price or the Contract Time arising out of or related to such changed work. 7.04 EXTRA WORK. It is agreed that the CONTRACTOR shall perfonn all work under the direction of the ENGINEER when presented with a written Change Order, Work Change Directive or Work Order signed by the ENGINEER, subject, however, to the right of the CONTRACTOR to require written confirmation of such Change Order, Work Change Directive or Work Order by the OWNER. It is agreed that the basis of compensation or adjustment to the CONTRACTOR for work either altered, added or deleted by a Change Order or Work Change 05/2008 00700 28 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT Directive, or for which a claim for Extra Work is made, shall be determined by one or more of the following methods: Method (A) -By Contract unit prices applicable to the work, if any; or Method (B) -By agreed unit prices or agreed stipulated lump sum price; or Method (C) -If neither Method (A) nor Method (B) be agreed upon before the Extra Work is commenced, then the CONTRACTOR shall be paid the "Actual Field Cost" of the work, plus five percent (5 as full and final compensation for the Extra Work and all costs and expenses, direct or indirect, arising out of or related thereto. In the event said Extra Work or Change Order or Work Change Directive work is performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "Actual Field Cost" is hereby defined as the cost to the CONTRACTOR of all workers, such as foremen, timekeepers, mechanics and laborers, and materials, supplies, trucks, rentals of machinery and equipment, for the time actually employed or used on such alleged Extra Work or Change Order or Work Change Directive work, plus actual transportation charges necessarily incurred together with all power, fuel, lubricants, water and similar operating expenses, plus all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security, Old Age Benefits and other payroll taxes, and a rateable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Workers' Compensation, and all other insurance as may be required by law or ordinance, or the Contract Documents, plus all payments to subcontractors for such work. The ENGINEER may direct the form in which accounts of the "Actual Field Cost" shall be kept and the records of these accounts shall be made available to the ENGINEER. The ENGINEER or OWNER may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the CONTRACTOR. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using one hundred percent (100 unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America where practicable. The five percent (5 of the "Actual Field Cost" to be paid to the CONTRACTOR, shall cover and compensate him for his profit, overhead, and all other elements of cost and expense not embraced within the "Actual Field Cost" as herein defined, save that where the CONTRACTOR's field office must be maintained solely on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "Actual Field Cost." No claim for Extra Work of any kind will be allowed unless ordered by the ENGINEER in a written Work Order. In case any orders or instructions, either oral or written, appear to the CONTRACTOR to involve Extra Work for which he should receive compensation or an adjustment in the Contract Time, he shall make written request to the ENGINEER for a written Work Order authorizing such Extra Work within ten (10) days of ENGINEER's orders or instructions, otherwise the orders or instructions will be considered minor changes. The issuance 05/2008 00700 29 of 36 CITY OF PEARL/AND GENERAL CONDITIONS OF AGREEMENT of a Work Order by the ENGINEER shall not constitute or be construed as an agreement or acknowledgement by the ENGINEER that the work which is the subject of the Work Order is Extra Work outside the scope of the Contract Work, but shall merely constitute a direction to the CONTRACTOR to perform the work, and the CONTRACTOR shall proceed with the work, and shall keep an accurate account of the "Actual Field Cost" thereof, as provided under Method (C). Upon completion of the alleged Extra Work, the CONTRACTOR shall promptly and within ten (10) days submit his claim to the ENGINEER by proper certification and attestation, on forms provided by the ENGINEER. The ENGINEER shall render a written decision on CONTRACTOR's claim within ten (10) days. It is mutually agreed between the parties that the ENGINEER's decision on all claims or questions in relation to the Work, CONTRACTOR's performance of the Work, any changes in the Work or Extra Work, the Contract Price and /or the Contract Time, shall be final and conclusive and binding upon the parties. If the ENGINEER shall fail to respond in writing to CONTRACTOR's claim within thirty (30) days of the date of submission, or if CONTRACTOR shall dispute or object to ENGINEER's decision on any claim, and CONTRACTOR fails to file a Request for Mediation of such claim in accordance with the provisions of Article 9.0, within sixty (60) days after the date of submission to the OWNER, or such longer period as the parties may agree to in writing, the CONTRACTOR shall lose and forfeit his right to make such claim for Extra Work at any later date, and all such claims held by the CONTRACTOR shall be deemed waived, forfeited and forever barred. CONTRACTOR shall continue to diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. 7.05 TIME OF FILING CLAIMS. Except as otherwise provided herein, all questions of dispute or adjustment shall be in writing and filed with the ENGINEER within three (3) days after the ENGINEER has given any directions, order or instruction to which the CONTRACTOR desires to take exception. The ENGINEER shall reply within thirty (30) days to such written exceptions, and render his final decision in writing. It is mutually agreed between the parties that the ENGINEER's decision on all claims or questions in relation to the Work, CONTRACTOR's performance of the Work, any changes in the Work or Extra Work, the Contract Price and /or the Contract Time, shall be final and conclusive and binding upon the parties. 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 CONTRACTOR's request, or such longer period as may be agreed to by the parties in writing. If the CONTRACTOR shall still be aggrieved after a meeting with the OWNER and /or his representative, the CONTRACTOR shall have sixty (60) days after the date of the meeting, or such longer period as the parties may agree to in writing, to file a Request for Mediation of such claim in accordance with the provisions of Article 9.0. In the event the CONTRACTOR shall fail, for any reason, to timely file a Request for Mediation, the OWNER shall be released of any and all liability, and the CONTRACTOR's failure to timely file a Request for Mediation shall constitute a waiver, forfeit and final bar of alt such claims held by the CONTRACTOR against the OWNER. CONTRACTOR shall continue to diligently prosecute the Worlc notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. 05/2008 00700 30 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 8.0 DEFAULT 8.01 DEFAULT BY CONTRACTOR. In case the CONTRACTOR should abandon and fail or refuse to resume Work within five (5) days after written notification from the OWNER or the ENGINEER, or if the CONTRACTOR fails to comply with the orders of the ENGINEER when such orders are consistent with the Contract Documents, or if the CONTRACTOR otherwise defaults on its obligations under the Contract, OWNER shall have the right, if it so elects and without prejudice to any other rights it may have, after giving five (5) days written notice of default to CONTRACTOR and any surety, to terminate the Contract or any part thereof and /or to take over or cause others to take over the Work or any part thereof, and to complete such Work for the account of CONTRACTOR. Where Performance and Payment Bonds exist, the sureties on these bonds shall be directed to complete the Work in conjunction with the notice of default, and a copy of said notice shall be delivered to the CONTRACTOR. After receiving said notice of default, the CONTRACTOR shall promptly and within no more than three (3) days, remove from the Work any machinery, equipment, or tools then on the job, not intended for incorporation into the Work. Should CONTRACTOR fail to promptly remove such machinery, equipment or tools, OWNER may remove such machinery, equipment or tools and store same at CONTRACTOR's expense; return such machinery, equipment or tools to their purported owner; or otherwise dispose of such machinery, equipment or tools as OWNER sees fit. Any materials, supplies and /or equipment delivered for use in the Work, may be used in the completion of the Work by the OWNER or the surety on the Performance Bond, or another contractor in completion of the Work; it being understood that the use of such equipment, supplies and materials will ultimately reduce the cost to complete the Work and be reflected in the final settlement. Where there is no Performance Bond or in case the surety should fail to commence compliance with the notice for completion hereinabove provided for within ten (10) days after the service of such notice, then the OWNER may provide for completion of the Work in either of the following elective manners: (a) The OWNER may thereupon employ such force of workers and use such machinery, equipment, tools, materials and supplies as the OWNER may deem necessary to expeditiously complete the Work, and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the OWNER out of such monies as may be due or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement or any other agreement between OWNER and CONTRACTOR. In case such expense is less than the sum which would have been payable under this Contract if the same had been completed by the CONTRACTOR, then said CONTRACTOR shall be credited with the difference. In case such expense is greater than the sum which would have been payable under this Contract if the same had been completed by such CONTRACTOR, then the CONTRACTOR and /or his surety shall promptly pay the amount of such excess to the OWNER upon demand; or 05/2008 00700 31 of 36 CITY OF PEARL/AND GENERAL CONDITIONS OF AGREEMENT (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 tens and conditions which are provided in this Contract. In case of any increase in cost to the OWNER under the completion contract, as compared to what would have been the cost under this Contract, such increase shall be charged to the CONTRACTOR, and the amount of such increase may be deducted by the OWNER out of such monies as may be due or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement or any other agreement between OWNER and CONTRACTOR, or the CONTRACTOR and /or his surety shall promptly pay the amount of such increase to the OWNER upon demand. However, should the cost to complete any such completion contract prove to be less than what would have been the cost to complete under this Contract, the CONTRACTOR and /or his surety shall be credited therewith. In the event of a default by CONTRACTOR, no further payments shall be made to CONTRACTOR under the Contract until the Work is Finally Completed. When the Work shall have been Finally Completed, the CONTRACTOR and his surety shall be so notified. A complete itemized statement of the Contract accounts, certified by the ENGINEER as being correct, shall then be prepared and delivered to the CONTRACTOR and his surety, whereupon the CONTRACTOR and /or his surety shall pay the balance due as reflected by said statement. The OWNER, prior to incurring an obligation to make payment hereunder, shah have such statement of completion attested to by the CONTRACTOR and the surety as accurate, and in exchange for payment of the sum stated therein, the OWNER shall be entitled to a full and final release of any claims or demands by the CONTRACTOR or the surety. In the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the OWNER had the work been completed by the CONTRACTOR under the terms of this Contract, or when the CONTRACTOR and /or his surety shall pay the balance shown to be due by them to the OWNER, then all machinery, equipment, tools or supplies left on the site of the Work shall be turned over to the CONTRACTOR and /or his surety. Should the cost to complete the Work exceed the Contract Price, and the CONTRACTOR and /or his surety fail to pay the amount due the OWNER within the tirne designated above, and there remains any machinery, equipment, tools, materials or supplies which are the property of CONTRACTOR on the site of the Work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the CONTRACTOR and his surety at the respective addresses designated in the Contract, provided, however, that actual written notice given in any manner will satisfy this condition. After mailing or other giving of such notice, such property shall be held at the risk of the CONTRACTOR and his surety, subject only to the duty of the OWNER to exercise ordinary care to protect such property. After fifteen (15) days from the date of such notice, the OWNER may sell such property, equipment, tools, materials or supplies, and apply the net sum derived from such sale to the credit of the CONTRACTOR and his surety. Such sale may be made at either public or private sate, with or without notice, as the OWNER may elect. The OWNER shall release any machinery, equipment, tools, materials or supplies, which remain on the Work, and belong to persons other than the CONTRACTOR or his surety, to their reputed owners. 05/2008 00700 32 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 8.02 SUPPLEMENTATION OF CONTRACTOR FORCES. If CONTRACTOR at any time shall, in OWNER'S sole opinion, fail to furnish skilled workers, suitable materials, supplies or adequate equipment sufficient for the prompt, timely and diligent prosecution of the Work in accordance with OWNER's direction, OWNER shall have the right, without prejudice to the exercise of other remedies for the same default and without fiully taking over the Work, to supplement CONTRACTOR's forces and to expedite delivery of and to procure and furnish such workers, materials, tools, supplies or equipment for CONTRACTOR's account by employing other contractors and suppliers engaged in the same class of work and charge the entire cost thereof to CONTRACTOR, said cost to be deducted from sums due or to become due to CONTRACTOR under the Contract or any other agreement with OWNER or any parent, subsidiary or affiliate of OWNER. 8.03 CUMULATIVE REMEDIES SPECIFIC PERFORMANCE. All rights and remedies of OWNER, under the teens of the Contract and /or available at law or in equity, are cumulative. In the event CONTRACTOR or any of its subcontractors, vendors or suppliers fails or refuses for any reason to provide timely manufacture, fabrication, delivery, installation, erection, construction or completion of any supplies, materials, expendables, equipment, machinery, accessories or appurtenances to be furnished hereunder, CONTRACTOR acicnowledges and agrees that such items are required, necessary, essentially unique to the Project and the Work and will cause irreparable harm to OWNER and the Project if not fiunished in accordance with the Contract, and OWNER shall have the right to obtain a decree of specific performance and mandatory injunctive relief from any Court of competent jurisdiction to ensure the timely furnishing of such items. 8.04 CROSS DEFAULT. If, for any reason, CONTRACTOR is declared in default and /or terminated by OWNER under any other agreement with OWNER, whether related to the Project or not related to the Project, OWNER shall have the right to offset and apply any amounts which might be owed to OWNER by CONTRACTOR under any other such agreements against any earned but unpaid amounts owing to CONTRACTOR by OWNER under the Contract, any retainage earned by CONTRACTOR under the Contract or any unearned, unpaid amount under the Contract. 8.05 INSOLVENCY. It is recognized that if CONTRACTOR becomes a debtor in voluntary or involuntary bankruptcy proceedings, makes a general assignment for the benefit of creditors, or if a receiver is appointed on account of his insolvency, such events could seriously impair or frustrate CONTRACTOR's performance of the Work. Accordingly, it is agreed that should CONTRACTOR become a debtor in bankruptcy, either voluntary or involuntary, CONTRACTOR shall notify OWNER in writing within twenty -four (24) hours of the filing with the bankruptcy court. Further, it is agreed that upon occurrence of any one or more such events, OWNER shall be entitled to request of CONTRACTOR or its successors, trustees or receivers, adequate assurances of future performance. In the event such adequate assurances are not given to the reasonable satisfaction of OWNER within seventy -two (72) hours of such request, OWNER shall have the right to immediately invoke the remedies of this Section 8 or as provided by law. Pending receipt of such adequate assurances of such future performance, OWNER may proceed with the Work on a temporary basis and deduct the costs, plus reasonable overhead and profit, from any amounts due or which may become due to CONTRACTOR under the Contract or any other agreement with OWNER. In this regard, OWNER and CONTRACTOR agree that delays in performance could result in more damages to CONTRACTOR than would be sustained if OWNER failed to exercise such remedies. 05/2008 00700 33 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 8.06 CONTINGENT ASSIGNMENT. CONTRACTOR hereby assigns to OWNER, all of CONTRACTOR's rights under and interest in any and all subcontracts and /or purchase orders entered into by CONTRACTOR pursuant to this Agreement, such assignment to become effective upon CONTRACTOR's default under this Agreement or OWNER's termination of this Contract, and OWNER's acceptance of such assignment. Upon CONTRACTOR's default or OWNER's termination of this Contract, OWNER may, in the event there is no performance bond for the Contract, or in the event the performance bond surety fails to complete the Contract, or if OWNER otherwise so elects in its sole discretion, accept such assignment by written notice of such acceptance to CONTRACTOR and subcontractor, and may require subcontractors to perform all of the then unperfonned duties and obligations under the subcontract, for the direct benefit of OWNER. In the event OWNER requires such performance by a subcontractor, then OWNER shall be obligated to pay such subcontractor any amounts due and owing under the teens of the subcontract /purchase order, at the subcontract prices and rates, and subject to any rights of withholding or offset and other terns and conditions of the subcontract, for all work properly performed by such subcontractor, to the date of OWNER's acceptance and thereafter. OWNER's liability in this connection, however, shall not exceed the amount obtained by subtracting all payments made by CONTRACTOR to subcontractor from the Subcontract Price at the time of CONTRACTOR's default or OWNER's termination of CONTRACTOR. CONTRACTOR shall include a provision in its subcontracts that allows such assignment and allows OWNER to take these actions, and further provides that in the event of CONTRACTOR's termination for default, the subcontractor agrees to give the OWNER or its agent the right to inspect all books and records of subcontractor relating to the Work. 8.07 WAIVER OF CONSEQUENTIAL DAMAGES. CONTRACTOR expressly waives any and all claims for consequential damages against OWNER arising out of or related to this Contract, or any other agreements between CONTRACTOR and OWNER, including, but not limited to, claims for damages incurred by CONTRACTOR for principal office expenses, including the compensation of personnel stationed there, losses of financing, bonding capacity, business and reputation, and claims for lost profit, whether on this Contract or otherwise. 8.08 TERMINATION FOR CONVENIENCE. OWNER may at its sole discretion, upon five (5) days written notice to CONTRACTOR, terminate this Contract, in whole or in part, if and when OWNER determines that it is in the best interest of OWNER to do so. Upon receipt of such written notice from OWNER, CONTRACTOR shall cease all terminated Work and take reasonable precautions to protect and preserve such work, and shall take all reasonable measures after consultation with OWNER to terminate or assign to OWNER all subcontracts, purchase orders or other commitments related to the Work or the Project on tenns and conditions acceptable to OWNER. CONTRACTOR will be paid for all Work performed in strict accordance with the Contract Documents, based upon the Contract Price and the percentage of completion on the date of termination, and less amounts previously paid, subject to any reasonable backcharges attributable to CONTRACTOR's failure to comply with any of the provisions of this Contract and further subject to the other teens of this Contract regarding payment. In no event will CONTRACTOR receive or be entitled to any payment or compensation whatsoever for interruption of business or loss of business opportunities, any other items of consequential damages, for overhead or loss of profits on the unperformed Work and /or services and unfurnished materials or for any intangible, impact or similarly described cost, damages or expense, and under no circumstances shall the total sum paid to or received by CONTRACTOR under this Contract 05/2008 00700 34 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT exceed the Contract Price. The compensation provided herein shall be CONTRACTOR's sole and exclusive remedy arising out of a termination for convenience. 8.09 DEFAULT BY OWNER. In case the OWNER shall default on its material obligations under this Contract, other than OWNER's failure to pay CONTRACTOR an undisputed amount due within the time limits provided in the Contract or applicable law, as addressed by Section 6.13 of this Agreement, and shall fail or refuse to cure, or to commence and diligently pursue cure of such default within fifteen (15) days after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the Work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of the Work that have not been included in payments to the CONTRACTOR and have not been incorporated into the Work. And thereupon, the ENGINEER shall make an estimate of the total amount earned by the CONTRACTOR, which estimate shall include the value of all Work actually completed by said CONTRACTOR (at the Contract Prices), the value of all partially competed Work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the teens of this Contract, and a reasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole Work to completion and which cannot be utilized. The ENGINEER shall then make a final statement of the balance due the CONTRACTOR by deducting from the above estimate all previous payments by the OWNER and all other sums that may be retained by the OWNER under the terms of this Agreement, and shall present the same to the OWNER; and OWNER's payment of said sum to the CONTRACTOR, on or before thirty (30) days after OWNER's receipt of such statement, shall satisfy any and all rights, claims or causes of action of CONTRACTOR arising out of or related to such default by OWNER, and shall be CONTRACTOR's sole and exclusive remedy for such default. A disputed or unilateral claim by the Contractor cannot by itself constitute a default hereunder. 9.0 DISPUTE RESOLUTION Any dispute or pending claim or dispute resolution process between OWNER and CONTRACTOR shall not excuse or relieve CONTRACTOR of its obligations under the Contract, and CONTRACTOR shall diligently prosecute the Work notwithstanding any pending claim, dispute, or dispute resolution process between OWNER and CONTRACTOR. All claims, disputes and other matters in question arising out of or relating to, the Contract, or the breach thereof, shall be subject to mediation as a condition precedent to any other dispute resolution process as may be selected by OWNER. Unless mutually agreed otherwise the mediation shall be conducted by a third party who will be selected by agreement between OWNER and CONTRACTOR, and Request for Mediation shall be filed with the other party. The parties shall share the mediator's fee and any filing fees equally. If a claim, dispute or other matter in question between OWNER and CONTRACTOR involves the work of a subcontractor or supplier, OWNER or CONTRACTOR may join such subcontractor or supplier as a party to any mediation proceeding between OWNER and CONTRACTOR hereunder. CONTRACTOR shall include in all subcontracts and /or purchase orders related to the Work a specific provision whereby the subcontractor or supplier consents to being joined in mediation between OWNER and CONTRACTOR involving the work of such subcontractor or supplier. 05/2008 00700 35 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT This Contract shall be governed by the laws of the State of Texas and shall be considered performable in Brazoria County, Texas, for venue purposes. Further, the OWNER and CONTRACTOR stipulate that venue for any dispute resolution proceeding involving or touching upon the Contract other than the conduct of an arbitration hearing shall be in Brazoria County, Texas, or, if such choice of venue is prohibited or unenforceable by law, shall be held in the county where the Project is located. CONTRACTOR agrees to pay OWNER all reasonable attorneys' fees incurred by OWNER in the event OWNER seeks to enforce any provision of this Contract whether by arbitration or other dispute resolution process. Further, in the event OWNER defends any claim instituted by CONTRACTOR against OWNER, whether in arbitration or other dispute resolution process, CONTRACTOR agrees to pay OWNER all reasonable attorneys' fees incurred by OWNER in defending such claim provided OWNER is the prevailing party, in whole or in part, in such proceeding. 05/2008 00700 36 of 36 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO. 1 TO GENERAL CONDITIONS WORKERS' COMPENSATION INSURANCE COVERAGE A. DEFINITIONS: Certificate of coverage "certificate A copy of a certificate of insurance, a certificate of authority to self insure issued by the commission, or a coverage agreement (TWCC81, TWCC -82, TWCC -83 or TWCC -84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project for the duration of the Project. Duration of the Project .includes the time from the beginning of the Work on the Project until the contractor's /person's work on the Project has been completed and the Project warranty period has expired. Persons providing services on the project includes persons or entities perfonning all or part of the services the contractor has undertaken to perfonn on the project, regardless of whether that person contracted directly with due contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, motor carriers and owner- operators, (as defined at Section 406.121 of the Texas Labor Code), leasing companies, and employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The CONTRACTOR shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Tide 5 Workers' Compensation, Subtitle A Texas Workers' Compensation Act, for employees of the contractor providing services on the project, for the duration of the project. C. The CONTRACTOR must provide a certificate of coverage to the OWNER prior to being awarded the Contract. D. If the coverage period shown on the CONTRACTOR's current certificate of coverage ends during the duration of the project, the CONTRACTOR must, prior to the end of the coverage period, file a new certificate of coverage with the OWNER showing that coverage has been extended. E. The CONTRACTOR shall obtain from each subcontractor or other person providing services on a project, and provide to the OWNER: a certificate of coverage, prior to that person beginning work on the Project, so the OWNER will have on file certificates of coverage showing coverage for all persons providing services on the Project; and 05/2007 00700 Al (I) CITY OFPEARLAND GENERAL CONDITIONS OF AGREEMENT (2) no later than seven days after receipt by the CONTRACTOR and prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. F. The CONTRACTOR shall retain all required certificates of coverage for the duration of the Project and for one year thereafter. G. The CONTRACTOR shall notify the OWNER in writing by certified mail or personal delivery, within 10 days after the CONTRACTOR knew or should have known, of any changes that materially affect the provision of coverage of any person providing services on the Project. H. The CONTRACTOR shall post on each Project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Conunission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. NOTICE REQUIRED WORKERS' COMPENSATION COVERAGE "The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." "Call the Texas Workers' Compensation Commission at (512) 440- 3789 to receive information on the legal requirements for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." I. The CONTRACTOR shall contractually require each person with whom it contracts to provide services on a project, too: (1) provide coverage, based on proper reporting of classification codes and payroll amounts and tiling of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Title 5 Workers' Compensation, Subtitle A Texas Workers' Compensation Act, for all of its employees providing services on the Project, for the duration of the Project; (2) provide to the CONTRACTOR, prior to that person beginning work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the Project: 05/2007 00700 A2 CITY OFPEARLAND GENERAL CONDITIONS OF AGREEMENT (4) obtain from each other person with whom it contracts, and provide to the CONTRACTOR: (5) 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; (a) a certificate of coverage, prior to the other person beginning work on the Project; and (b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project; retain all required certificates of coverage on file for the duration of the Project and for one year thereafter; (6) notify the OWNER in writing by certified mail or personal delivery, within 10 clays after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the Project; and contractually require each person with whom it contracts, to perform as required by paragraphs (1) (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this Contract or providing or causing to be provided a certificate of coverage, the CONTRACTOR is representing to the OWNER 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 conunission's Division of Self Insurance Regulation. Providing false or misleading information may subject the CONTRACTOR to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The CONTRACTOR's failure to comply with any of these provisions is a breach of contract by the CONTRACTOR, which entitles the OWNER to pursue all rights and remedies available to it under the Contract, at law or in equity, if the CONTRACTOR does not remedy the breach within ten days after receipt of notice of breach from the OWNER. 05/2007 00700 A3 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO. 2 TO GENERAL CONDITIONS AGREEMENT FOR FINAL PAYMENT AND CONTRACTOR'S SWORN RELEASE In consideration of the Final Payment under that certain contract between [Contractor's Company Name] (hereafter "CONTRACTOR and the City of Pearland (hereafter "OWNER for the Project known as Adaptive Traffic Signal Improvements (the "Contract the CONTRACTOR makes the following representations to OWNER, either individually if a proprietorship, or jointly and severally by all general partners if a partnership, or if a corporation, by action of the president and secretary of said corporation, as duly authorized by appropriate action of the stockholders and /or board of directors of said corporation, their signatures hereon constituting a representation under oath by said individuals that they have the authority to execute this Agreement for and on behalf of the said corporation: 1. The undersigned CONTRACTOR represents to OWNER that the Application for Payment for the Final Payment under the Contract, and the final Change Order issued under the Contract if any, whether or not modified, corrected or changed in some way by the ENGINEER, the CONTRACTOR. or the OWNER, a copy of which are attached hereto and marked Exhibit "A are true; correct and accurate, and that CONTRACTOR has received payment in full for all other Applications for Payment submitted under the Contract, and that CONTRACTOR has been fully compensated for all labor, materials, equipment and /or services furnished in connection with the Contract, except for the Final Payment. 2. It is agreed and stipulated by the undersigned CONTRACTOR that upon the receipt of Final Payment in the amount as set out on the attached Application for Payment, the CONTRACTOR, by execution of this instrument of release, does, therefore, RELEASE and FOREVER DISCHARGE OWNER of and from all manner of debts, claims, demands, obligations, suits, liabilities and causes of action of any nature whatsoever, at law or in equity, in contract or in tort, now existing or which may hereafter accrue, arising out of or related to the Contract, any Change Orders or Work Orders, the Work, or any labor, materials, equipment or services furnished by CONTRACTOR to OWNER. 3. The CONTRACTOR, acting by and through the person or persons whose names are subscribed hereto, does solemnly swear and affirm that all bills and claims have been paid to all materialmen, suppliers, laborers, subcontractors, or other entities performing services or supplying materials or equipment, and that OWNER shall not be subject to any bills, claims, demands, litigation or suits in connection therewith. 4. It is further specifically understood and agreed that this Agreement for Final Payment and Contractor's Sworn Release shall constitute a part of the Contract, and it is also specifically understood and agreed that this Agreement shall not act as a modification, waiver or renunciation by OWNER of any of its rights or remedies as set out in the Contract itself, but this Agreement for Final Payment and Contractor's Sworn Release shall constitute a supplement thereto for the additional protection of OWNER. 05/2007 00700 B1 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTEST: SIGNED and EXECUTED this, the day of 20 CONTRACTOR: By: Signature Print Name: Title: [If CONTRACTOR is a proprietorship, owner must sign; if a partnership, each general partner must sign; if a corporation, the following language should be used.] SIGNED and EXECUTED this, the day of 20 by a Texas corporation, under authority granted to the undersigned by said corporation as contained in the Charter, By -Laws or Minutes of a meeting of said corporation regularly called and held. CONTRACTOR: By: President Corporate Secretary (Corporate Seal) [This form is for use by either a proprietorship or a partnership. In the event CONTRACTOR is a partnership or a joint proprietorship, additional signature lines should be added for each individual.] 05/2007 00700 B2 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT STATE OF TEXAS COUNTY OF AFFIDAVIT BEFORE ME, the undersigned authority, on this day personally appeared the person or persons whose name(s) are subscribed to the above and foregoing Agreement for Final Payment and Contractor's Sworn Release, who each, after being by me duly sworn, on their oaths deposed and said: I (We) am (are) the person(s) who signed and executed the above and foregoing Agreement for Final Payment and Contractor's Sworn Release, and I (we) have read the facts and statements as therein set out and the representations as made therein, and I (we) state that the above and foregoing are true and correct. CONTRACTOR Affiant SWORN TO AND SUBSCRIBED TO before me, the day of 20 Notary Public, State of Texas My Commission Expires: [This fonn is for use in the event CONTRACTOR is a corporation.] 07/2006 00700 133 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT STATE OF TEXAS COUNTY OF AFFIDAVIT BEFORE ME, the undersigned authority, on this day personally appeared the persons who signed and executed the above and foregoing Agreement for Final Payment mid Contractor's Sworn Release, whose names are set out above, who each, after being by me duly sworn, on their oaths deposed and said: We each are the persons whose names are subscribed above, and hold respectively the offices in the corporation as set out above, and each state under oath that we have the authority to execute this Agreement for Final Payment and Contractor's Sworn Release for and on behalf of said corporation, pursuant to authority granted to us in the Charter of said corporation, the By -Laws of said corporation and /or the Minutes of said corporation; and the facts, statements and representations as set out in the instrument to which this Affidavit is attached, are true and correct. SWORN TO AND SUBSCRIBED TO before me this, the day of 20 Notary Public, State of Texas My Commission Expires: 07/2006 00700 B4 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT ATTACHMENT NO. 3 TO GENERAL CONDITIONS OWNER'S INSURANCE REQUIREMENTS OF CONTRACTOR 1. Definitions. For purposes of this Agreement: 1.1 Owner Parties. "Owner Parties" means (a) the City of Pearland, its successors and assigns, and the Engineer, (b) any officers, employees, or agents of such persons or entities, and (c) others as required by the Contract Documents, if any. 1.2 Contractor. "Contractor" shall mean the vendor providing the service or work to be perfonned under this Agreement. 1.3 Subcontractor. "Subcontractor" shall include subcontractors of any tier. 1.4 ISO. "ISO" means Insurance Services Office. 2. Contractor Insurance Representations to Owner Parties 2.1 It is expressly understood and agreed that the insurance coverages required herein: 2.1.1 represent Owner Parties' minimum requirements and are not to be construed to void or limit the Contractor's indemnity obligations as contained in this Agreement nor represent in any manner a determination of the insurance coverages the Contractor should or should not maintain for its own protection; and 2.1.2 are being, or have been, obtained by the Contractor in support of the Contractor's liability and indemnity obligations under this Agreement. Neither the requirements as to insurance to be carried as provided for herein, the insolvency, bankruptcy or failure of any insurance company carrying insurance of the Contractor, nor the failure of any insurance company to pay claims accruing, shall be held to affect, negate or waive any of the provisions of this Agreement. 2.2 Failure to obtain and maintain the required insurance shall constitute a material breach of and default under, this Agreement. If the Contractor shall fail to remedy such breach within five (5) business days after notice by the Owner, the Contractor will be liable for any and all costs, liabilities, damages and penalties resulting to the Owner Parties from such breach, unless a written waiver of the specific insurance requirement(s) is provided to the Contractor by the Owner. In the event of any failure by the Contractor to comply with the provisions of this Agreement, the Owner may, without in any way compromising or waiving any right or remedy at law or in equity, on notice to the Contractor, purchase such insurance, at the Contractor's expense, provided that the Owner shall have no obligation to do so and if the Owner shall do so, the Contractor shall not be relieved of or excused from the obligation to obtain and maintain such insurance amounts and coverages. 05/2007 00700 C1 CITY OFPEARLAND GENERAL CONDITIONS OF AGREEMENT 3. Conditions Affecting All Insurance Required Herein 3.1 Cost of Insurance. All insurance coverage shall be provided at the Contractor's sole expense. 3.2 Status and Rating of Insurance Company. All insurance coverage shall be written through insurance companies authorized to do business in the state in which the work is to be performed and rated no less than A VII in the most current edition of A. M. Best's Key Rating Guide. 3.3 Restrictive, Limiting, or Exclusionary Endorsements. All insurance coverage shall be provided to the Owner Parties in compliance with the requirements herein and shall contain no endorsements that restrict, limit, or exclude coverage required herein in any manner without the prior express written approval of the Owner. 3.4 Limits of Liability. The limits of liability may be provided by a single policy of insurance or by a combination of primary and umbrella policies, but in no event shall the total limits of liability available for any one occun or accident be less than the amount required herein. 3.5 Notice of Cancellation, Nonrenewal, or Material Reduction in Coverage. All insurance coverage shall contain the following express provision: In the event of cancellation, non renewal, or material reduction in coverage affecting the certificate holder, thirty (30) clays prior written notice shall be given to the certificate holder by certified mail or registered mail, return receipt requested. 3.6 Waiver of Subrogation. The Contractor hereby agrees to waive its rights of recovery from the Owner Parties with regard to all causes of property and /or liability loss and shall cause a waiver of subrogation endorsement to be provided in favor of the Owner Parties on all insurance coverage carried by the Contractor, whether required herein or not. 3.7 Deductible /Retention. Except as otherwise specified herein, no insurance required herein shall contain a deductible or self insured retention in excess of $25,000 without prior written approval of the Owner. All deductibles and /or retentions shall be paid by, assumed by, for the account of, and at the Contractor's sole risk. The Contractor shall not be reimbursed for same. 4. Maintenance of Insurance. The following insurance shall be maintained in effect with limits not less than those set forth below at all times during the term of this Agreement and thereafter as required: 05/2007 00700 C2 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.1 Commercial General Liability Insurance 4.1.1 Coverage. Such insurance shall cover liability arising out of all locations and operations of the Contractor, including but not limited to liability assumed under this contract (including the tort liability of another assumed in a business contract). Defense shall be provided as an additional benefit and not included within the limit of liability. 4.1.2 Form. Commercial General Liability Occurrence form (at least as broad as an umnodified ISO CG 0001 0798 or its equivalent). 4.1.3 Amount of Insurance. Coverage shall be provided with limits of not less than: Each Occurrence Limit $1,000,000 General Aggregate Limit $2,000,000 Product Completed Operations Aggregate Limit $2,000,000 Personal and Advertising Injury Limit $1,000,000 4.1.4 Required Endorsements a. Additional Insured. Additional insured status shall be provided in favor of the Owner Parties on any of the following: i. ISO form CG 20 10 11 85; or ii. ISO form CG 20 26 11 85; or iii. a combination of ISO forms CG 20 33 10 01 and CG 20 37 10 01; or iv. any form providing equivalent protection to Owner. b. Designated Construction Project(s) Aggregate Limit. The aggregate limit shall apply separately to this Agreement through use of an ISO CG 25 03 03 97 endorsement or its equivalent. c. Notice of Cancellation, Nonrenewal or Material Reduction in Coverage, as required in 3.5, above. d. Personal Injury Liability. The personal injury contractual liability exclusion shall be deleted. e. Primary and Non Contributing Liability. It is the intent of the parties to this Agreement that all insurance required herein shall be primary to all insurance available to the Owner Parties. The obligations of the Contractor's insurance shall not be affected by any other insurance available to the Owner Parties and shall seek no contribution from the Owner Parties' insurance, whether primary, excess contingent, or on any other basis. The Contractor's insurance coverage shall be endorsed to provide such primary and non- contributing liability. f. Waiver of Subrogation, as required in 3.6, above. 05/2007 00700 C3 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.1.5 Continuing Commercial General Liability Insurance. The Contractor shall maintain such insurance in identical coverage, fonn and amount, including required endorsements, for at least one (1) year following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to Owner stating Work completion date. 4.2 Auto Liability Insurance 4.2.1 Coverage. Such insurance shall cover liability arising out of any auto (including owned, hired, and non owned). 4.2.2 Form. Business Auto form (at least as broad as an unmodified ISO CA 0001 or its equivalent). 4.2.3 Amount of Insurance. Coverage shall be provided with a limit of not less than $1,000,000. 4.2.4 Required Endorsements a. Notice of Cancellation, Nonrenewal or Material Reduction in Coverage, as required in 3.5, above. b. Waiver of Subrogation, as required in 3.6, above. 4.3 Employer's Liability Insurance 4.3.1 Coverage. Employer's Liability Insurance shall be provided as follows: 4.3.2 Amount of Insurance. Coverage shall be provided with a limit of not less than: a. Notice of Cancellation, Nonrenewal or Material Reduction in Coverage, as required in 3.5, above. b. Waiver of Subrogation, as required in 3.6, above. Employer's Liability: $1,000,000 each accident and each disease. 4.3.3 Required Endorsements 4.4 Umbrella Liability Insurance 4.4.1 Coverage. Such insurance shall be excess over and be no less broad than all coverages described above and shall include a drop -down provision for exhaustion of underlying limits. 4.4.2 Form. This policy shall have the same inception and expiration dates as the commercial general liability insurance required above. 05/2007 00700 C4 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.4.3 Amount of Insurance. Coverage shall be provided with a limit of not less than $5,000,000. 4.4.4 Continuing Umbrella Liability Insurance. The Contractor shall maintain such insurance in identical coverage, form and amount, including required endorsements, for at least one (1) year following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to the Owner stating Work completion date. 4.5 Professional Liability Insurance 4.5.1 Coverage. The Contractor shall provide professional liability insurance for claims arising from the negligent performance of professional services of any type, including but not limited to design or design/build services as part of the Work to be performed. 4.5.2 Form. This insurance shall include prior acts coverage sufficient to cover all services rendered by the Contractor and by its consultants under this Agreement. It is recognized that this coverage may be provided on a Claims -Made basis. 4.5.3 Amount of Insurance. Coverage shall be provided with a limit of not less than $1,000,000. 4.5.4 Continuing Professional Liability Insurance. The Contractor shall maintain such insurance in identical coverage, form and amount for at least one (1) year following Date of Substantial Completion of the Work to be performed under this Agreement. The Contractor shall provide written representation to the Owner stating Work completion date. 4.6 Builder's Risk 4.6.1 Insureds. Insureds shall include: a. Owner, General Contactor and all Loss Payees and Mortgagees as Named Insureds; and b. subcontractors of all tiers in the Work as Additional Insureds. 05/2007 00700 C5 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 05/2007 4.6.2 Covered Property. Such insurance shall cover: Fonn a. all structure(s) under construction, including retaining walls, paved surfaces and roadways, bridges, glass, foundation(s), footings, underground pipes and wiring, excavations, grading, backfilling or filling; b. all temporary structures (e.g., fencing, scaffolding, cribbing, false work, forms, site lighting, temporary utilities and buildings) located at the site; c. all property including materials and supplies on site for installation; d. all property including materials and supplies at other locations but intended for use at the site; e. all property including materials and supplies in transit to the site for installation by all means of transportation other than ocean transit; and f. other Work at the site identified in the Agreement to which this Exhibit is attached. a. Coverage shall be at least as broad as an unmodified ISO Special fora, shall be provided on a completed -value basis, and shall be primary to any other coverage insurance available to the insured parties, with that other insurance being excess, secondary and non- contributing. b. No protective safeguard warranty shall be permitted. c. Required coverage shall further include: i. Additional expenses due to delay in completion of project (where applicable) ii. Agreed value iii. Damage arising from error, omission or deficiency in construction methods, design, specifications, workmanship or materials, including collapse iv. Debris removal additional limit v. Earthquake (where applicable) vi. Earthquake sprinkler leakage (where applicable) vii. Expediting expenses viii. Flood (where applicable) ix. Freezing x. Mechanical breakdown, including hot cold testing (where applicable) xi. Notice of cancellation, non renewal or material reduction 60 days prior written notice to each insured TBD Included without sublimit Included without sublimit 25% of direct damage loss TBD TBD TBD TBD Included without sublimit Included without sublimit Included 00700 C6 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT xii. Occupancy clause, as required in F, Included below xiii. Ordinance or law xiv. Pollutant clean -up and removal xv. Preservation of property xvi. Replacement cost xvii. Theft xviii. Waiver of subrogation as required in G, below. 4.6.3 Amount of Insurance. Coverage shall be provided in an amount equal at all times to the full replacement value and cost of debris removal for any single occurrence. 4.6.4 Deductibles. Deductibles shall not exceed the following: a. All Risks of Direct Damage, Per Occurrence, except b. Delayed Opening Waiting Period c. Flood, Per Occurrence d. Earthquake and Earthquake Sprinkler Leakage,– Per Occurrence Included without sublimit TBD Included without sublimit Included Included without sublimit Included $5,000 5 Days $25,000 or excess of NFIP if in Flood Zone A, BorV $25,000 4.6.5 Termination of Coverage. The termination of coverage provision shall be endorsed to permit occupancy of the covered property being constructed so long as such occupancy does not exceed 20% of the usable area of the property. This insurance shall be maintained in effect, unless otherwise provided for in the Contract Documents, until the earliest of the following dates: a. the date on which all persons and organizations who are insureds under the policy agree that it shall be terminated; b. the date on which final payment, as provided for in the Agreement to which this Exhibit is attached, has been made; or c. the date on which the insurable interests in the Covered Property of all insureds other than Contractor have ceased. 05/2007 00700 C7 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 4.6.6 Waiver of Subrogation. The waiver of subrogation provision shall be endorsed as follows: a. A waiver of subrogation shall be provided in favor of all insureds. b. The waiver of subrogation provisions shall be endorsed as follows: 5. Intentionally left blank. 6. Evidence of Insurance 6.2 Form Should a covered loss be subrogated, either in whole or in part, your rights to any recovery will come first, and we will be entitled to a recovery only after you have been fully compensated for the loss. 6.1 Provision of Evidence. Evidence of the insurance coverage required to be maintained by the Contractor, represented by certificates of insurance, evidence of insurance, and endorsements issued by the insurance company or its legal agent, and must be furnished to the Owner prior to commencement of Work and not later than fifteen (15) days after receipt of this Agreement. New certificates of insurance, evidence of insurance, and endorsements shall be provided to the Owner prior to the termination date of the current certificates of insurance, evidence of insurance, and endorsements. 6.2.1 All property insurance required herein shall 28, "Evidence of Property Insurance 6.2.2 All liability insurance required herein shall 25, "Certificate of Insurance 6.3 Specifications. Such certificates of insurance, endorsements shall specify: be evidenced by ACORD fore be evidenced by ACORD form evidence of insurance, and 6.3.1 The Owner as a certificate holder with correct mailing address. 6.3.2 Insured's name, which must match that on this Agreement. 6.3.3 Insurance companies affording each coverage, policy number of each coverage, policy dates of each coverage, all coverages and limits described herein, and signature of authorized representative of insurance company. 6.3.4 Producer of the certificate with correct address and phone number listed. 6.3.5 Additional insured status required herein. 6.3.6 Amount of any deductibles and /or retentions. 6.3.7 Cancellation, non renewal and material reduction in coverage notification as required by this Agreement. Additionally, the words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind upon Company, it agents or representatives" shall be deleted from the cancellation provision of the ACORD 25 certificate of insurance form. 6.3.8 Designated Construction Project Aggregate Limits required herein. 6.3.9 Personal Injury contractual liability required herein. 05/2007 00700 C8 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 6.3.10 Primary and non contributing status required herein. 6.3.11 Waivers of subrogation required herein. 6.4 Required Endorsements. A copy of each of the required endorsements shall also be provided. 6.5 Failure to Obtain. Failure of any Owner Party to demand such certificate or other evidence of full compliance with these insurance requirements or failure of any Owner Party to identify a deficiency from evidence that is provided shall not be construed as a waiver of the Contractor's obligation to maintain such insurance. 6.6 Certified Copies. Upon request of any Owner Party, the Contractor shall provide to the Owner a certified copy of all insurance policies required herein within ten (10) days of any such request. Renewal policies, if necessary, shall be delivered to the Owner prior to the expiration of the previous policy. 6.7 Commencement of Work. Commencement of Work without provision of the required certificate of insurance, evidence of insurance and /or required endorsements, or without compliance with any other provision of this Agreement, shall not constitute a waiver by any Owner Party of any rights. The Owner shall have the right, but not the obligation, of prohibiting the Contractor or any subcontractor from performing any Work until such certificate of insurance, evidence of insurance and /or required endorsements are received. and approved by the Owner. 7. Insurance Requirements of Contractor's Subcontractors 7.1 Insurance similar to that required of the Contractor shall be provided by all subcontractors (or provided by the Contractor on behalf of subcontractors) to cover operations performed under any subcontract agreement. The Contractor shall be held responsible for any modification in these insurance requirements as they apply to subcontractors. The Contractor shall maintain certificates of insurance from all subcontractors containing provisions similar to those listed herein (modified to recognize that the certificate is from subcontractor) enumerating, among other things, the waivers of subrogation, additional insured status, and primary liability as required herein, and make them available to the Owner upon request. 7.2 The Contractor is fully responsible for loss and damage to its property on the site, including tools and equipment, and shall take necessary precautions to prevent damage to or vandalism, theft, burglary, pilferage and unexplained disappearance of property. Any insurance covering the Contractor's or its subcontractor's property shall be the Contractor's and its subcontractor's sole and complete means or recovery for any such loss. To the extent any loss is not covered by said insurance or subject to any deductible or co- insurance, the Contractor shall not be reimbursed for same. Should the Contractor or its subcontractors choose to self insure this risk, it is expressly agreed that the Contractor hereby waives, and shall cause its subcontractors to waive, any claim for damage or loss to said property in favor of the Owner Parties. 05/2007 00700 C9 CITY OF PEARLAND GENERAL CONDITIONS OF AGREEMENT 8. Use of the Owner's Equipment. The Contractor, its agents, employees, subcontractors or suppliers shall use the Owner's equipment only with express written permission of the Owner's designated representative and in accordance with the Owner's terms and condition for such use. If the Contractor or any of its agents, employees, subcontractors or suppliers utilize any of the Owner's equipment for any purpose, including machinery, tools, scaffolding, hoists, lifts or similar items owned, leased or under the control of the Owner, the Contractor shall defend, indemnify and be liable to the Owner Parties for any and all loss or damage which may arise from such use. 9. Release and Waiver. The Contractor hereby releases, and shall cause its subcontractors to release, the Owner Parties from any and all claims or causes of action whatsoever which the Contractor and /or its subcontractors might otherwise now or hereafter possess resulting in or from or in any way connected with any loss covered by insurance, whether required herein or not, or which should have been covered by insurance required herein, including the deductible and /or uninsured portion thereof, maintained and /or required to be maintained by the Contractor and /or its subcontractors pursuant to this Agreement. 05/2007 00700 C10 CITYOFPEARLAND SPECIAL CONDITIONS OF AGREEMENT Section 00800 SPECIAL CONDITIONS OF AGREEMENT The following Special Conditions modify the General Conditions, Document 00700. Where a portion of the General Conditions is modified or deleted by these Special Conditions, the unaltered portions of the General Conditions shall remain in effect. The following documents are considered part of the Contract document and will be required and enforced throughout the Project. 1. BUY AMERICA CERTIFICATION 2. Anti- Lobbying Form 3. Execution of Bid, Noncollusion Affidavit and Debarment Certification Federal funds will be used to pay for the services and/or materials included in this bid notice. Therefore, any successful bidder must provide applicable Federal certifications, including, but not limited to, an affidavit that the company has not been debarred from Federal contracts, anti lobbying and Buy American certifications, and must meet, document, and certify wage rates pursuant to all required provisions of the Davis -Bacon Act. INSURANCE REQUIREMENTS The OWNER hereby waves the requirement that the CONTRACTOR provide "Builder's Risk" insurance, as required by ATTACHMENT NO 3 the THE GENERAL CONDITIONS. Section 4.6 and "Pollutant clean up and removal" insurance as referenced by section 4.6.3 All other insurance requirements remain in force. The OWNER will accept a signed and sealed Corporate Letter of Guarantee, in lieu of the limits on deductibles as specified in ATTACHMENT NO3 of THE GENERAL CONDITIONS, Section 3.7 The CONTRACTOR will provide to the City a signed sealed and fully executed ONE YEAR MAINTENANCE BOND upon completion and acceptance of the work using the City's standard Maintenance Bond documentation. END OF SECTION 09/2007 00800 1 of 1 Section 1605 of the American Recovery and Reinvestment Act states that: "None of the funds appropriated or otherwise made available by this Act may be used for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States." To meet this requirement, the undersigned hereby certifies that all of the material, equipment and accessories which are to be incorporated into the Adaptive Traffic Signal Improvement, Bid No. 0311 -317, to be wholly or partially funded by monies from the American Recovery and Reinvestment Act, has been manufactured from domestic construction material as defined by 40 CFR 35.936 -13 (D). Siemens Industry, Inc., Mobility Division, Complete Transportation, intelligent Traffic Solutions April 6, 2011 Nasne..f Contractor Date Signature of Authoriz d Official Business Unit Manager Title Refer to the Delegation of Authority document included. BUY AMERICAN CERTIFICATION Anti Lobbying Form CERTIFICATION OF RESTRICTIONS ON LOBBYING I Christy Peebles, Business Unit Manager hereby certify on (name and title of bidder's official) Siemens Industry, Inc., Mobility Division, behalf ofrnmptete Transportation. intelligent Traffic Solutions that (name of bidder) (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit- standard Form LLL, "Disclosure Form to Report Lobbying, in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance is placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Exe By�G this 6th day of April t DA s 1 -0 5 (signature of auth rized official) Business Unit Manager (title of authorized official) Refer to the Delegation of Authority document included. 2011 State of Texas EXECUTION OF BID, NONCOLLUSION AFFIDAVIT. AND DEBARMENT CERTIFICATION The person executing the bid, on behalf of the Bidder, being duly sworn, solemnly swears (or affirms) that neither he, nor any official, agent or employee of the bidder has entered into any agreement, participated in any collusion, or otherwise taken any action which is in restraint of free competitive bidding in connection with this bid, and that the Bidder intends to do the work with its own bonafide employees or subcontractors and is not bidding for the benefit of another contractor. In addition, execution of this bid in the proper manner also constitutes the Bidder's certification of "Status" under penalty of perjury under the laws of the United States in accordance with the Debarment Certification included elsewhere in the proposal form, provided that the Debarment Certification also includes any required statements concerning exceptions that are applicable. Siemens Industry, Inc., Mobility Division, Complete Transportation, Intelligent Traffic Solutions Attest By (Secretary) (Assistant Secretary) Delete inappropriate title Print Signer's Name NOTE AFFIDAVIT MUST BE NOTARIZED Subscrib d and sworn to efo e me this the 6t Z Ap gnature of No iry Public) f Travis County. My Commission Expires: 11/10/2014 Signature Sheet 1 (Bid) Corporation 20 11 SIGNATURE OF CONTRACTOR (If a corporation uses this sheet) (Print full name of corporation) 8004 Cameron Road Austin, TX 78754 Refer to the Delegation of Authority included. 12/21/99 (Presi tot) _V_iceRt=ictent} (Asst- VieeePresident) Designated Signator Delete inappropriate title Christy Peebles NOTARY SEAL. Print Signer's Name CORPORATE SEAL 1q Pd'•• F' S TARLAPENINGER I MYCOMMISSION EXPIRES %f November 10,2014 f,4 AUTHORIZED SIGNATORIES Name Title Juergen Wilder Vice President, Rolling Stock Christopher Halleus Vice President, Finance and Business Administration, Rolling Stock Gert Seidel Vice President, Rail Automation Marsha Smith Senior Director, Finance and Business Administration, Rail Automation Thomas Bayer Vice President, Infrastructure and Logistics Michael Dawid Senior Director, Finance and Business Administration, Infrastructure and Logistics Terry Heath Vice President, Complete Transportation Mario Mattern Senior Director, Finance and Business Administration, Complete Transportation ACKNOWLEDGEMENT OF APPOINTED SIGNATURE AUTHORITY AND BY DELEGATION OF AUTHORITY FROM PRESIDENT OLIVER HAUCK AND VICE PRESIDENT, FINANCE AND BUSINESS ADMINSTRATION MARTIN SCHULTZ SIEMENS INDUSTRY, INC. MOBILITY DIVISION A. We, the undersigned, Oliver Hauck, President and Martin Schultz, Vice President, Finance and Business Administration of the Mobility Division of Siemens Industry, Inc. (the "Corporation a corporation duly organized and existing under the laws of the State of Delaware, by virtue of the authority vested by the Board of Directors of Siemens Industry, Inc. and in accordance with the By- Laws of the Corporation and the laws of said State, do hereby acknowledge that the following employees are appointed and are hereby authorized to sign or countersign and otherwise execute in the name, or on behalf of the Mobility Division of the Corporation, any bids, proposals, bonds, releases and waivers of liens, and any certificates, affidavits, or ancillary documents in connection therewith; any licensing qualification or registration filings, returns, certifications or questionnaires; any contracts, leases, agreements, guarantees and any certificates, affidavits, or ancillary documents in connection therewith, up to and including a transactional limit of $10,000,000.00; and any releases, compromises or settlements in connection with claims or disputes arising out of any such transaction; and to file, release, respond to, settle or compromise any actions or proceedings by or against the Corporation including, by not limited to signature of any certificates, affidavits or ancillary documents in connection therewith, up to and including a transactional limit of $10,000,000.00: B. We further acknowledge that each of the persons referred to herein is authorized to delegate such person's authority hereunder to additional members of his or her management team up to the limit of such person's delegation of authority, provided that such delegation is in written form signed by the delegator; approved in writing by the applicable regional superior; and filed with the Legal Department. C. We further acknowledge that each of the signatures of the persons referred to in paragraphs A through E, inclusive, are binding upon the Corporation. 10 -01 -09 1 of 2 D. We further acknowledge that any document executed for an amount greater than any limit designated herein shall require the signature of two of the Officers of which one shall have the requisite signature authority, to be legally binding upon the Corporation. E. We further acknowledge that the Secretary or an Assistant Secretary of the Corporation is authorized to issue certifications attesting to the incumbency, authority and status of any of the persons referred to in this resolution. IN WITNESS WHEREOF, We have hereunto subscribed our names and affixed the corporate seal of the said Corporation, on this _3rd_ day of January 2011. 10 -01 -09 s Oliver Hauck President Siemens Industry, Inc., Mobility Division .Martin Schultz Vice President Finance and Business Administration Siemens Industry, Inc., Mobility Division 2 of 2 DELEGATION OF SIGNATURE AUTHORITY SIEMENS INDUSTRY, INC, 1, the undersigned, Terry Heath, Vice President, Complete Transportation, of the Mobility Division of Siemens Industry, Inc. (the "Corporation a corporation duly organized and existing under the laws of the State of Delaware, by virtue of the authority vested in me. as Vice President to sign or countersign and otherwise execute in the name, or on behalf of the Corporation, any bids, projects, contracts, agreements and any certificates, affidavits or ancillary documents in connection therewith for and on behalf of the Corporation, do hereby delegate to and acknowledge that the following person(s) may exercise such authority for and on my behalf up to $3 million. Name(s): Christy Peebles I further designate and acknowledge that the signature of the person referred to above, is binding upon the Corporation in the above identified circumstances and shall have the same force and effect as would my signature. Dated: Signature Terry Heath Vice President, Complete Transportation Siemens Industry, Inc, CITY OF PEARLAND WAGE SCALE FOR ENGINEERING CONSTRUCTION Section 00811 WAGE SCALE FOR ENGINEERING CONSTRUCTION 1.01 In accordance with the Prevailing Wage law on Public Works (Article 2258 of the Texas Government Code), the public body awarding the contract does hereby provide specific guidance as to the prevailing wage rates as shown in Table 00811 -A, based on the locality in which the work is being performed. Unless updated wage rate determinations have been issued, the wage rates shown in Table 00811 -A shall be applicable. 1.02 Notwithstanding standards applicable to federally- assisted construction projects supported with American Reinvestment and Recovery Act funds, this prevailing wage rate does not prohibit the payment of more than the rates stated. 1.03 The wage scale for engineering construction is to be applied to all site work greater than five (5) feet from an exterior wall of new building under construction or from an exterior wall of an existing building. Certification of payroll documents shall occur in accordance with payroll standards and be submitted to the public body awarding the contract, consistent with the provisions issued by the Secretary of Labor. 1.04 Requirements of the Secretary of Labor issued in accordance with the provisions of Contract Work Hours and Safety Standards Act [40 U.S.C. 327 -330] as supplemented by Department of Labor regulations, the Copeland "Anti- Kickback" Act [18 U.S.C. 874], the Davis -Bacon Act [40 U.S.C. 276(a) to (a -7)], and all other applicable federal, state and local laws and regulations pertaining to labor standards, shall be applicable to the performance of the contract as appropriate. (Attach the current wage rates. Number the pages 00811 -2, 00811 -3, etc) 07/2006 00811 1 of 1 GENERAL DECISION: TX20100046 03/12/2010 TX46 Date: March 12, 2010 xneral Decision Number: TX20100046 03/12/2010 Superseded General Decision Number: TX20080046 State: Texas Construction Types: Highway Counties: Brazoria, Chambers, Fort Bend, Galveston, Hardin, Harris, Jefferson, Liberty, Montgomery, Orange and Waller Counties in Texas. HIGHWAY CONSTRUCTION PROJECTS (excluding tunnels, building structures in rest area projects, and railroad construction; bascule, suspension spandrel arch bridges; bridges designed for commercial navigation; bridges involving marine construction; other major bridges). Modification Number Publication Date 0 03/12/2010 5UTX2005 -005 11/09/2004 l dale uuo 11 Rates Fringes Asphalt Distributor Operator $ 10.94 0.00 Asphalt paving machine operator$ 12.01 0.00 Asphalt Raker $..11.13 0.00 Asphalt Shoveler 9.14 0.00 Broom or Sweeper Operator 11.19 0.00 Bulldozer operator 11.81 0.00 Carpenter, Rough 12.49 0.00 Concrete Finisher, Paving 11.38 0.00 Concrete Finisher, Structures. 10.80 0.00 Concrete Paving Curbing Machine Operator 10.00 0.00 Concrete Paving Finishing Machine Operator 13.07 0.00 Concrete Paving Joint Sealer Operator 11.00 0.00 Concrete Paving Saw Operator $ 12.75 0.00 Concrete Paving Spreader Operator 10.44 0.00 Concrete Rubber 9.00 0.00 Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel Operator 12.71 0.00 Crusher and Screed Plant Operator 11.29 0.00 Electrician 21.79 0.00 Flagger 9.42 0.00 Form Builder /Setter, Structures$ 10.50 0.00 Form Liner, Paving Curb 11.75 0.00 Form Setter, Paving Curb 10.51 0.00 Foundation Drill Operator, Crawler Mounted 15.00 0.00 Foundation Drill Operator, Truck Mounted 12.73 0.00 00811- l axle WO11 Li Front End Loader Operator 10.65 0.00 Laborer, common 9.15 0.00 Laborer, Utility 9.81 0.00 Manhole Builder 9.00 0.00 Mechanic 13.72 0.00 Milling Machine Operator, Fine Grade 13.17 0.00 Mixer operator 10.33 0.00 Motor Grader Operator, Rough $ 13.13 0.00 Motor Grader Operator 11.67 0.00 Oiler 12.12 0.00 Painter, Structures 15.54 0.00 Pavement Marking Machine Operator 8.18 0.00 Piledriverman 12.22 0.00 Pipelayer 9.49 0.00 Reinforcing Steel Setter, Paving 15.14 0.00 Reinforcing Steel Setter, Structure 13.87 0.00 Roller Operator, Pneumatic, Self-Propelled 9.91 0.00 Roller Operator, Steel Wheel, Flat Wheel/Tamping 10.43 0.00 Roller Operator, Steel Wheel, Plant Mix Pavement 11.07 0.00 Scraper Operator 9.92 0.00 Servicer 10.96 0.00 Sign Installer (PGM) 8.54 0.00 Slip Form Machine Operator 11.07 0.00 Spreader Box operator 11.12 0.00 ,Structural Steel Worker_....._ $..12.13 0.00 Tractor operator, Crawler Type $ 13.00 0.00 Tractor operator, Pneumatic $ 10.07 0.00 Traveling Mixer Operator 11.00 0.00 Truck driver, lowboy -Float 13.16 0.00 Truck driver, Single Axle, Heavy 10.65 0.00 Truck driver, Single Axle, Light 10.07 0.00 Truck Driver, Tandem Axle, Semi-Trailer 10.25 0.00 Work Zone Barricade Servicer $ 9.94 0.00 WELDERS Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively rgained wage and fringe benefit rates. Other designations -ndicate unions whose rates have been determined to be prevailing. 00811- WAGE DETERMINATION APPEALS PROCESS 1al1G UVO11'h Has there been an initial decision in the matter? This can an existing published wage determination a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 If the answer to the question in 1.) is yes, then an ±erested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3,) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OE' GENERAL DECISION 00811- CITY OF PEARLAND TECHNICAL SPECIFICATIONS DIVISION 1 04/2008 TECHNICAL SPECIFICATIONS DIVISION 1 GENERAL REQUIREMENTS CITY OF PEARLAND SUMMARY OF WORK 05/2008 01100 1 of 2 Section 01100 SUMMARY OF WORK 1.0 GENERAL 1.01 SECTION INCLUDES A A summary of the Work to be performed under this Contract, work by Owner, Owner furnished products, Work sequence, future Work, Contractor's use of Premises, and Owner occupancy. 1.02 WORK COVERED BY CONTRACT DOCUMENTS A Work of the Contract is for the construction of adaptive traffic signal improvements including the verification and any upgrades needed to the communication system required adaptive traffic system to function. The system shall be wireless ethernet based. B The location of the proposed improvements are shown in Exhibit 1 in Section 00300 Bid Proposal. 1.03 WORK BY OWNER A Not applicable to this Project 1.04 OWNER FURNISHED PRODUCTS A Not applicable to this Project. 1.05 WORK SEQUENCE A The communication system shall be verified and any communication improvements required for the proposed traffic shall be installed and tested. B Then the traffic system shall be installed including any upgrades to cameras, controllers, detection, etc. C Contractor to submit project schedule to Engineer Owner for approval as specified in Section 01300 Submittals. D Contractor shall coordinate the Work with the Engineer and Owner as specified in Section 01040 Coordination and Meetings. 1.06 FUTURE WORK A Not applicable to this Project 1.07 CONTRACTOR'S USE OF PREMISES CITY OF PEARLAND 05/2008 SUMMARY OF WORK 01100 -1of2 CITY OF PEARLAND SUMMARY OF WORK 05/2008 01100 2 of 2 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 Contractor shall be responsible for all utilities required for construction. 1.08 OWNER OCCUPANCY 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. 2M PRODUCTS NotUsed 3M EXECUTION- NotUsed END OF SECTION CITY OFPEARLAND SUMMARY OF WORK 05/2008 01100 2 of 2 CITY OF PEARLAND 1.0 GENERAL 1.01 SECTION INCLUDES CONTRACTOR'S USE OF PREMISES Section 01140 CONTRACTOR'S USE OF PREMISES A General use of the Project Site including properties inside and outside of the limits of construction, work affecting roads, ramps, streets and driveways and notification to adjacent occupants. B References to Technical Specifications: 1 Section 01350 Submittals 2 Section 01730 Cutting Patching 3 Section 01555 Traffic Control Regulation 4 Section 01562 Waste Material Disposal 5 Section 01720 Field Surveying 6 Section 02980 Pavement Repair 7 Section 02770 Curbs, Curb Gutter, Headers 8 Section 02255 Bedding, Backfill, Embankment Materials 9 Section 02922 Sodding 10 Section 02921 Hydromulch Seeding 1.02 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 Submittals. 1.03 LIMITS OF CONSTRUCTION A Confine access, operations, and storage areas to limits of construction as shown on the Plans provided by Owner as stipulated in Section 00700 General Conditions of Agreement; trespassing on abutting lands or other lands in the area is not allowed. B Contractor may make arrangements, at Contractor's cost, for temporary use of private properties, in which case Contractor and Contractor's surety shall indemnify and hold harmless the Owner against claims or demands arising from such use of properties outside of the limits of construction. 1. Improvements to private properties made for the Contractor's use must be removed upon completion of the Work. a. No fill material may be placed in temporary work areas or on adjacent private properties without the written pennission of the Engineer or the issuance of a Fill Pennit by the City of Pearland or other governing entity. C Restrict total length which materials may be distributed along the route of the construction at any one time to 1,000 linear feet unless otherwise approved by Engineer. 02/2008 01140 1 of4 CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES 1.04 PROPERTIES OUTSIDE OF LIMITS OF CONSTRUCTION A Altering the condition of properties adjacent to and along the limits of construction will not be permitted unless authorized by the Engineer and property owner(s). B Means, methods, techniques, sequences, or procedures which will result in damage to properties or improvements in the vicinity outside of the limits of construction will not be permitted. C Any damage to properties outside of the limits of construction shall be repaired or replaced to the satisfaction of the Engineer and at no cost to the Owner. D Contractor shall protect or replace all property corners, monuments or other demarcations disturbed, damaged or lost as a result of his activities. The replacement of these devices shall be properly documented to the satisfaction of the City by a Registered Public Land Surveyor with copies delivered to the Owner or private property owner. 1.05 USE OF SITE A Obtain approvals of governing authorities prior to impeding or closing public roads or streets. Do not close consecutive intersections simultaneously B Notify Engineer 48 hours prior to closing a street or a street crossing. Permits for street closures are required in advance and are the responsibility of the Contractor. C Maintain access for emergency vehicles including access to fire hydrants. D Avoid obstructing drainage ditches or inlets; when obstruction is unavoidable due to requirements of the Worlc, provide grading and temporary drainage structures to maintain unimpeded flow. E Locate and protect private lawn sprinkler systems which may exist on rights -of -ways within the Project Site. Repair or replace damaged systems to condition equal to or better than that existing at start of the Work. F When required by the Work, cutting, patching, and fitting of Work to existing facilities, accommodating installation or connection of Worlc with existing facilities, or uncovering Work for access, inspection, or testing shall be performed in accordance with Section 01730 Cutting Patching. G Fires are not permitted on the Project Site. 1.06 NOTIFICATION TO ADJACENT OCCUPANTS A Notify individual occupants in areas to be affected by the Work of the proposed construction and time schedule. Notification shall be 24 hours, 72 hours and 2 weeks prior to work being performed within 200 feet of the homes or businesses. 02/2008 01140 2 of 4 CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES B Include in notification names and telephone numbers of two representatives for resident contact, who will be available on 24 -hour call. Include precautions which will be taken to protect private property and identify potential access or utility inconvenience or disruption. C Submit proposed notification to Engineer for approval. Consideration shall be given to the ethnicity of the neighborhood where English is not the dominant language. Notice shall be in an understandable language. 1.07 EXCAVATION IN STREETS AND DRIVEWAYS A Avoid hindering or needlessly inconveniencing public travel on a street or any intersecting alley or street for more than two blocks at any one time, except by permission of the Engineer. B Obtain the Engineer's approval when the nature of the Work requires closing of an entire street. Permits required for street closure are the Contractor's responsibility. Avoid unnecessary inconvenience to abutting property owners. C Remove surplus materials and debris and open 1000 feet or less for public use as work in that block is complete. D Acceptance of any portion of the Work will not be based on return of street to public use. E Avoid obstructing driveways or entrances to 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 01555 Traffic Control Regulation. 1.08 CLEAN UP A Maintain Project Site in a neat and orderly manner. B Perform daily clean -up in and around construction zone of dirt, debris, scrap materials, other disposable items. C Leave streets, driveways, and sidewalks broom -clean or its equivalent at the end of each work day. D Promptly remove barriers, signs, and components of other control systems that are no longer being utilized. E Dispose of waste and excess materials in accordance with requirements of Section 01562 Waste Material Disposal. 02/2008 01140 3 of 4 CITY OF PEARLAND• CONTRACTOR'S USE OF PREMISES 1.09 RESTORATION A Restore damaged permanent facilities to pre construction conditions unless replacement or abandonment of facilities is indicated on the Plans. B Repair /Replace removed or damaged pavement in accordance with Section 02980 Pavement Repair and removed or damaged curbs, gutters, and headers in accordance with Section 02770 Curbs, Curb Gutter, Headers. Repair /Replace with like materials to match existing style, lines, grades, etc., unless otherwise directed by Engineer. C Repair turf areas which become damaged by Contractor's operations at no additional cost to Owner. Level with bank sand or topsoil, conforming to Section 02255 Bedding, Backfill, Embankment Materials, as approved by the Engineer. Provide sodding in areas of residential land use over the surface of ground disturbed during construction and not paved, or not designated to be paved, in accordance with Section 02922 Sodding. Use only block sodding; do not use spot sodding or sprigging Provide hydromulch seeding in areas of commercial, industrial or undeveloped land use over the surface of ground disturbed during construction and not paved, or not designated to be paved, in accordance with Section 02921 Hydromulch Seeding. Water and level newly sodded areas with adjoining turf using steel wheel rollers appropriate for sodding. 2M PRODUCTS NotUsed 3M EXECUTION NotUsed END OF SECTION 02/2008 01140-4 of 4 CITY OF PEARLAND 1.0 GENERAL 1.01 SECTION INCLUDES A General use of the Project Site including properties inside and outside of the limits of constriction, work affecting roads, ramps, streets and driveways and notification to adjacent occupants. B References to Technical Specifications: 1 Section 01350 Submittals 2 Section 01730 Cutting Patching 3 Section 01555 Traffic Control Regulation 4 Section 01562 Waste Material Disposal 5 Section 01720 Field Surveying 6 Section 02980 Pavement Repair 7 Section 02770 Curbs, Curb Gutter, Headers 8 Section 02255 Bedding, Backfill, Embankment Materials 9 Section 02922 Sodding 10 Section 02921 Hydromulch Seeding 1.02 SUBMITTALS CONTRACTOR'S USE OF PREMISES Section 01140 CONTRACTOR'S USE OF PREMISES A Malce Submittals required by this Section under the provisions of Section 01350 Submittals. 1.03 LIMITS OF CONSTRUCTION A Confine access, operations, and storage areas to limits of construction as shown on the Plans provided by Owner as stipulated in Section 00700 General Conditions of Agreement; trespassing on abutting lands or other lands in the area is not allowed. B Contractor may make arrangements, at Contractor's cost, for temporary use of private properties, in which case Contractor and Contractor's surety shall indemnify and hold harmless the Owner against claims or demands arising from such use of properties outside of the limits of constriction. 1. Improvements to private properties made for the Contractor's use must be removed upon completion of the Work. a. No fill material may be placed in temporary work areas or on adjacent private properties without the written permission of the Engineer or the issuance of a Fill Permit by the City of Pearland or other governing entity. C Restrict total length which materials may be distributed along the route of the construction at any one time to 1,000 linear feet unless otherwise approved by Engineer. 02/2008 01140 1 of 4 CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES 1.04 PROPERTIES OUTSIDE OF LIMITS OF CONSTRUCTION A Altering the condition of properties adjacent to and along the limits of constriction will not be permitted unless authorized by the Engineer and property owner(s). B Means, methods, techniques, sequences, or procedures which will result in damage to properties or improvements in the vicinity outside of the limits of constriction will not be permitted. C Any damage to properties outside of the limits of construction shall be repaired or replaced to the satisfaction of the Engineer and at no cost to the Owner. D Contractor shall protect or replace all property comers, monuments or other demarcations disturbed, damaged or lost as a result of his activities. The replacement of these devices shall be properly documented to the satisfaction of the City by a Registered Public Land Surveyor with copies delivered to the Owner or private property owner. 1.05 USE OF SITE A Obtain approvals of governing authorities prior to impeding or closing public roads or streets. Do not close consecutive intersections simultaneously B Notify Engineer 48 hours prior to closing a street or a street crossing. Pennits for street closures are required in advance and are the responsibility of the Contractor. C Maintain access for emergency vehicles including access to fire hydrants. D Avoid obstructing drainage ditches or inlets; when obstruction is unavoidable due to requirements of the Work, provide grading and temporary drainage structures to maintain unimpeded flow. E Locate and protect private lawn sprinkler systems which may exist on rights -of -ways within the Project Site. Repair or replace damaged systems to condition equal to or better than that existing at start of the Work. F When required by the Work, cutting, patching, and fitting of Work to existing facilities, accommodating installation or connection of Work with existing facilities, or uncovering Work for access, inspection, or testing shall be performed in accordance with Section 01730 Cutting Patching. G Fires are not permitted on the Project Site. 1.06 NOTIFICATION TO ADJACENT OCCUPANTS A Notify individual occupants in areas to be affected by the Work of the proposed construction and time schedule. Notification shall be 24 hours, 72 hours and 2 weeks prior to work being performed within 200 feet of the homes or businesses. 02/2008 01140 2 of 4 CITY OF PEARLAND CONTRACTOR'S USE OF PREMISES B Include in notification names and telephone numbers of two representatives for resident contact, who will be available on 24 -hour call. Include precautions which will be taken to protect private property and identify potential access or utility inconvenience or disruption. C Submit proposed notification to Engineer for approval. Consideration shall be given to the ethnicity of the neighborhood where English is not the dominant language. Notice shall be in an understandable language. 1.07 EXCAVATION IN STREETS AND DRIVEWAYS A Avoid hindering or needlessly inconveniencing public travel on a street or any intersecting alley or street for more than two blocks at any one time, except by permission of the Engineer. B Obtain the Engineer's approval when the nature of the Work requires closing of an entire street. Pennits required for street closure are the Contractor's responsibility. Avoid unnecessary inconvenience to abutting property owners. C Remove surplus materials and debris and open 1000 feet or less for public use as work in that block is complete. D Acceptance of any portion of the Work will not be based on return of street to public use. E Avoid obstructing driveways or entrances to 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 01555 Traffic Control Regulation. 1.08 CLEAN -UP A Maintain Project Site in a neat and orderly manner. B Perform daily clean -up in and around construction zone of dirt, debris, scrap materials, other disposable items. C Leave streets, driveways, and sidewalks broom -clean or its equivalent at the end of each work day. D Promptly remove barriers, signs, and components of other control systems that are no longer being utilized. E Dispose of waste and excess materials in accordance with requirements of Section 01562 Waste Material Disposal. 02/2008 01140 3 of 4 CITY OFPEARLAND CONTRACTOR'S USE OF PREMISES 1.09 RESTORATION A Restore damaged permanent facilities to pre construction conditions unless replacement or abandonment of facilities is indicated on the Plans. B Repair /Replace removed or damaged pavement in accordance with Section 02980 Pavement Repair and removed or damaged curbs, gutters, and headers in accordance with Section 02770 Curbs, Curb Gutter, Headers. Repair /Replace with like materials to match existing style, lines, grades, etc., unless otherwise directed by Engineer. C Repair turf areas which become damaged by Contractor's operations at no additional cost to Owner. Level with bank sand or topsoil, conforming to Section 02255 Bedding, Backfill, Embankment Materials; as approved by the Engineer. Provide sodding in areas of residential land use over the surface of ground disturbed during construction and not paved, or not designated to be paved, in accordance with Section 02922 Sodding. Use only block sodding; do not use spot sodding or sprigging Provide hydromulch seeding in areas of commercial, industrial or undeveloped land use over the surface of ground disturbed during construction and not paved, or not designated to be paved, in accordance with Section 02921 Hydromulch Seeding. Water and level newly sodded areas with adjoining turf using steel wheel rollers appropriate for sodding. 2.0 PRODUCTS Not Used 3.0 EXECUTION NotUsed END OF SECTION 02/2008 01140 4 of 4 CITY OF PEARLAND MEASUREMENT AND PAYMENT PROCEDURES Section 01200 MEASUREMENT AND PAYMENT PROCEDURES LO GENERAL 1.01 SECTION INCLUDES A Procedures for measurement and payment of Work. B Conditions for nonconformance assessment and nonpayment for rejected products. C References to Technical Specifications: See Bid Proposal Sheet D Reference Standards: 1. Concrete Reinforcing Steel Institute (CRSI) 2. American Institute of Steel Construction (AISC) 1.02 AUTHORITY A Units and methods delineated in this Section are intended to complement the criteria of the Technical Specifications and Section 00300 Bid Proposal. B In the event of conflict, the unit specified for Bid Items in Section 00300 Bid Proposal shall govern. C Measurements and quantities submitted by the Contractor will be verified by the Engineer. D Contractor shall provide necessary equipment, workers, and survey personnel as required by Engineer to verify quantities. 1.03 UNIT QUANTITIES SPECIFIED A Quantity and measurement estimates stated in Section 00300 Bid Proposal are for contract purposes only. Quantities and measurements supplied or placed in the Work, authorized and verified by Engineer shall determine payment as stated in Section 00700 General Conditions of Agreement. B If the actual Work requires greater or lesser quantities than those quantities indicated in Section 00300 Bid Proposal, provide the required quantities at the unit prices contracted except as otherwise stated in Section 00700 General Conditions of Agreement or in executed Change Order. 1.04 MEASUREMENT OF QUANTITIES A Measurement by Weight: Reinforcing steel, rolled or fonned 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. 05/2007 01200 1 of 3 CITY OF PEARLAND MEASUREMENT AND PAYMENT PROCEDURES B Measurement by Volume: 1. Stockpiles: Measured by cubic dimension using mean length, width, and height or thickness. 2. Excavation and Embankment Materials: Measured by cubic dimension using the average end area method. C Measurement by Area: Measured by square dimension using mean length and width or radius. D Linear Measurement: Measured by linear dimension, at the item centerline or mean chord. E Stipulated Price Measurement: By unit designated in the agreement. F Other: Items measured by weight, volume, area, or lineal means or combination, as appropriate, as a completed item or unit of the Work. 1.05 PAYMENT A Payment includes full compensation for all required supervision, labor, products, tools, equipment, plant, transportation, services, and incidentals; and erection, application or installation of an item of the Work; and Contractor's overhead and profit. The price bid shall include the total cost for required Work. Claims for payment as Unit Price Work not specifically covered in Section 00300 Bid Proposal will not be accepted. B Progress Payments for Unit Price Work will be based on the Engineer's observations and evaluations of quantities incorporated in the Work multiplied by the unit price. C Progress Payments for Lump Sum Work will be based on the Engineer's observations and evaluations of the percentage of quantities included in the schedule of values incorporated in the Work. D Final Payment for Work governed by unit prices will be made on the basis of the actual measurements and quantities determined by Engineer multiplied by the unit price for Work which is incorporated in or made necessary by the Work. 1.06 NONCONFORMANCE ASSESSMENT A Remove and replace the Work, or portions of the Work, not conforming to the Contract Documents. B If, in the opinion of the Engineer, it is not practical to remove and replace the Work, the Engineer will direct one of the following remedies: 1. The nonconforming Work will remain as is, but the unit price will be adjusted to a lower price at the discretion of the Engineer. 2. The nonconforming Work will be modified as authorized by the Engineer, and the unit price will be adjusted to a lower price at the discretion of the Engineer, if the modified Work is deemed to be less suitable than originally specified. 05/2007 01200 2 of 3 CITY OF PEARLAND MEASUREMENT AND PAYMENT PROCEDURES C Individual Technical Specifications may modify these options or may identify a specific formula or percentage price reduction. D The authority of the Engineer to assess the nonconforming Work and identify payment adjustment is final. 1.07 NONPAYMENT FOR REJECTED PRODUCTS A Payment will not be made for any of the following: 1. Products wasted or disposed of in a manner that is not acceptable to Engineer. 2. Products determined as nonconforming before or after placement. 3. Products not completely unloaded from transporting vehicle. 4. Products placed beyond the lines and levels of the required Work. 5. Products remaining on hand after completion of the Work, unless specified otherwise. 6. Loading, hauling, and disposing of rejected products. 2M PRODUCTS NotUsed 3.0 EXECUTION- NotUsed END OF SECTION 05/2007 01200 3 of 3 CITY OFPEARLAND CHANGE ORDER PROCEDURES Section 01290 CHANGE ORDER PROCEDURES 1.0 GENERAL 1.01 SECTION INCLUDES A Procedures for processing Change Orders, including: 1. Assigmnent of a responsible individual for approval and communication of changes in the Work; 2, Documentation of change in Contract Price and Contract Time; 3. Change procedures, using proposals and construction contract modifications, Work Change Directive, Stipulated Price Change Order, Unit Price Change Order, Time and Materials Change Order; 4. Execution of Change Orders; 5. Correlation of Contractor Submittals. B References to Technical Specifications: 1. Section 01350 Submittals 2. Section 01760 Project Record Documents C Other References: 1. Rental Rate Blue Book for Construction Equipment (Data Quest Blue 'Book). Rental Rate is defined as the full unadjusted base rental rate for the appropriate item of construction equipment. 1.02 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 Submittals. 1.03 RESPONSIBLE INDIVIDUAL A Contractor shall provide a letter indicating the name and address of the individual authorized to execute change documents, and who shall also be responsible for informing others in Contractor's employ and Subcontractors of changes to the Work. The information shall be provided at the Preconstruction Conference. 1.04 DOCUMENTATION OF CHANGE IN CONTRACT PRICE AND CONTRACT TIME A Provide full information required for identification and evaluation of proposed changes, and to substantiate costs of proposed changes in the Work. B Contractor shall document each Proposal for Change in cost or time with sufficient data to allow for its evaluation. 02/2008 01290 1 of 4 CITY OF PEARLAND CHANGE ORDER PROCEDURES C Proposal for Change shall include, as a minimum, the following information as applicable: 1. Original Quantities of items in Section 00300 Bid Proposal with additions, reductions, deletions, and substitutions. 2. When Work items were not included in Section 00300 Bid Proposal, Contractor shall provide unit prices for the new items, with supporting information as required by the Engineer. 3. Justification for any change in Contract Time. 4. Additional data upon request. D For changes in the Work performed on a time and material basis, the following additional information may be required: 1. Quantities and description of products and equipment. 2. Taxes, insurance and bonds. 3. Overhead and profit as noted in Section 00700 General Conditions of Agreement, 7.03 "Extra Work 4. Dates and times work was performed, and by whom. 5. Time records and certified copies of applicable payrolls. 6. Invoices and receipts for products, rented equipment, and subcontracts, similarly documented. E Rented equipment will be paid to the Contractor by actual invoice cost for the duration of time required to complete the extra work. If the extra work comprises only a portion of the rental invoice where the equipment would otherwise be on the site, the Contractor shall compute the hourly equipment rate by dividing the actual monthly invoice by 176. (One day equals 8 hours and one week equals 40 hours.) Operating costs shall not exceed the estimated operating costs given for the item of equipment in the Blue Book. F For changes in the work performed on a time and materials basis using Contractor owned equipment, compute rates with the Blue Book as follows: 1. Multiply the appropriate Rental Rate by an adjustment factor of 70 percent plus the full rate shown for operating costs. The Rental Rate utilized shall be the lowest cost combination of hourly, daily, weekly or monthly rates. Use 150 percent of the Rental Rate for double shifts (one extra shift per day) and 200 percent of the Rental Rate for more than two shifts per day. No other rate adjustments shall apply. 2. Standby rates shall be 50 percent of the appropriate Rental Rate shown in the Blue Book. Operating costs will not be allowed. 1.05 CHANGE PROCEDURES A Changes to Contract Price or Contract Time can only be made by issuance ofa Change Order. Issuance ofa Work Change Directive or written acceptance by the Engineer of changes will be formalized into Change Orders. All such changes will be in accordance with the requirements of Section 00700 General Conditions of Agreement, 7.01 "Change Orders 02/2008 01290 2 of 4 CITY OF PEARLAND CHANGE ORDER PROCEDURES B The Engineer will advise Contractor of Minor Changes in the Work not involving an adjustment to Contract Price or Contract Time as authorized by Section 00700 General Conditions of Agreement, 7.02 "Minor Changes by issuing supplemental instructions. C Contractor may request clarification of Plans, Technical Specifications or Contract Documents or other infonnation. Response by the Engineer to a Request for Information does not authorize the Contractor to perform tasks outside the scope of the Work. All changes must be authorized as described in this Section. 1.06 PROPOSALS FOR CHANGE AND CONTRACT MODIFICATION A The Engineer may issue a Request for Proposal, which includes a detailed description of a proposed change with supplementary or revised Plans and Technical Specifications. The Engineer may also request a proposal in the response to a Request for Information. Contractor will prepare and submit its Proposal for Change within 7 days or as specified in the request. B The Contractor may propose an unsolicited change by submitting a Proposal for Change to the Engineer describing the proposed change and its full effect on the Work, with a statement describing the reason for the change and the effect on the Contract Price and Contract Time including frill documentation. 1.07 WORK CHANGE DIRECTIVE A Engineer may issue a signed Work Change Directive instructing the Contractor to proceed with a change in the Work, for subsequent inclusion in a Change Order. B The document will describe changes in the Work and will designate a method of determining any change in Contract Price or Contract Time. C Contractor shall proceed promptly to execute the changes in the Work in accordance with the Work Change Directive. 1.08 STIPULATED PRICE CHANGE ORDER A A Stipulated Price Change Order will be based on an accepted Proposal for Change including the Contractor's lump sum price quotation. 1.09 UNIT PRICE CHANGE ORDER A Where Unit Prices for the affected items of the Work are included in Section 00300 Bid Proposal the Unit Price Change Order will be based on unit prices as originally bid, subject to provisions of Section 00700 General Conditions of Agreement. B Where unit prices of the Work are not pre- detennined in Section 00300 Bid Proposal, Work Change Directive or accepted Proposal for Change will specify the unit prices to be used. 02/2008 01290 3 of 4 CITY OF PEARLAND CHANGE ORDER PROCEDURES 1.10 TIME AND MATERIAL CHANGE ORDER A Contractor shall provide an itetnized account and supporting data after completion of change, within time limits indicated for claims in Section 00700 General Conditions of Agreement. B Engineer will determine the change allowable in Contract Price and Contract Time as provided in Section 00700 General Conditions of Agreement. C Contractor shall maintain detailed records of work done on time and material basis as specified in this Section, 1.04 "Documentation of Change in Contract Price and Contract Time D Contractor shall provide full information required for evaluation of changes, and shall substantiate costs for changes in the Work. 1.11 EXECUTION OF CHANGE DOCUMENTATION A Engineer will issue Change Orders, Work Change Directives, or accepted Proposals for Change for signatures of parties named in Section 00500 Standard Form of Agreement. 1.12 CORRELATION OF CONTRACTOR SUBMITTALS A For Stipulated Price Contracts, Contractor shall promptly revise Schedule of Values and Application for Payment forms to record each authorized Change Order as a separate line item and adjust the Contract Price. B For Unit Price Contracts, the next monthly Application for Payment of the Work after acceptance of a Change Order will be revised to include any new items not previously included and the appropriate unit rates. C Contractor shall promptly revise progress schedules to reflect any change in Contract Time, and shall revise schedules to adjust time for other items of work affected by the change, and resubmit for review. D Contractor shall promptly enter changes to the on -site and record copies of the Plans, Technical Specifications or Contract Documents as required in Section 01760 Project Record Documents. 2.0 PRODUCTS NotUsed 3.0 EXECUTION NotUsed END OF SECTION 02/2008 01290 4 of 4 CITY OF PEARLAND COORDINATION AND MEETINGS Section 01310 COORDINATION AND MEETINGS 1.0 GENERAL 1.01 SECTION INCLUDES A Section includes general coordination including Preconstruction Conference, Site Mobilization Conference, and Progress Meetings. B References to Technical Specifications: 1. Section 01100 Summary of Work 1.02 RELATED DOCUMENTS A Coordination is required throughout the documents. Refer to all of the Contract Documents and coordinate as necessary. 1.03 ENGINEER AND REPRESENTATIVES A The Engineer may act directly or through designated representatives as defined in Section 00700 General Conditions of Agreement, 1.01 "Owner, Contractor, and Engineer and as identified by name at the Preconstruction Conference. 1.04 CONTRACTOR COORDINATION A Coordinate scheduling, submittals, and work of the various Technical Specifications to assure efficient and orderly sequence of installation of interdependent construction elements. B Coordinate completion and clean up of the Work for Substantial Completion and for portions of the Worlc designated for Owner's partial occupancy. C Coordinate access to Project Site for correction of nonconforming work to minimize disruption of Owner's activities where Owner is in partial occupancy. 1.05 PRECONSTRUCTION CONFERENCE A Engineer will schedule a Preconstruction Conference. B Attendance Required: Engineer's representatives, Consultants, Contractor, and major Subcontractors. C Agenda: 1. Distribution of Contract Documents. 2. Designation of personnel representing the parties to the Contract, and the Consultant. 3. Review of insurance. 02/2008 01310 1 of 3 CITY OF PEARLAND COORDINATION AND MEETINGS 4. Discussion of formats proposed by the Contractor for Schedule of Values, and Construction Schedule. 5. Discussion of required Submittals, including, but not limited to, Work Plans, Traffic Control Plans, Safety Programs, Construction Photographs. 6. Procedures and processing of Shop Drawings and other submittals, substitutions, Applications for Payment, Requests for Information, Request for Proposal, Change Orders, and Contract Closeout. 7. Scheduling of the Work and coordination with other contractors. 8. Review of Subcontractors. 9. Appropriate agenda items listed in this Section, 1.06 "Site Mobilization Conference when Preconstruction Conference and Site Mobilization Conference are combined. 10. Procedures for testing. 11. Procedures for maintaining Project Record Documents. 12. Designation of the individual authorized to execute change documents and their responsibilities. 13. Discussion of requirements of a Trench Safety Program. 1.06 SITE MOBILIZATION CONFERENCE A When required by Section 01100 Summary of Work, Engineer will schedule a Site Mobilization Conference at the Project Site prior to Contractor occupancy. B Attendance Required: Engineer representatives, Consultants, Contractor's Superintendent, and major Subcontractors. Agenda: L Use of premises by Owner and Contractor 2. Safety and first aid procedures 3. Construction controls provided by Owner 4. Temporary utilities 5. Survey and layout 6. Security and housekeeping procedures 1.07 PROGRESS MEETINGS A Progress Meetings shall be held at Project Site or other location as designated by the Engineer. Meeting shall be held at monthly intervals, or more frequent intervals if directed by Engineer. B Attendance Required: Job superintendent, major Subcontractors and suppliers, Engineer representatives, and Consultants as appropriate to agenda topics for each meeting. C Engineer or City's representative will make arrangements for meetings, and recording minutes. D Engineer or City's representative will prepare the agenda and preside at meetings. 02/2008 013 10 2 of 3 CITY OF PEARLAND COORDINATION AND MEETINGS E Contractor shall provide required information and be prepared to discuss each agenda item. F Agenda: 1. Review minutes of previous meeting. 2. Review of Construction Schedule, Applications for Payment, payroll and compliance submittals. 3. Field observations, problems, and decisions. 4. Identification of problems which impede planned progress. 5. Review of Submittal Schedule and status of submittals. 6. Review status of Requests for Infouuation, Requests for Proposal. 7. Review status of Change Orders. 8. Review of off -site fabrication and delivery schedules. 9. Maintenance of updates to Construction Schedule. 10. Corrective measures to regain projected schedules. 11. Planned progress during succeeding work period. 12. Coordination of projected progress. 13. Maintenance of quality and work standards. 14. Effect of proposed changes on Construction Schedule and coordination. 15. Other items relating to the Work. 2.0 PRODUCTS NotUsed 3.0 EXECUTION NotUsed END OF SECTION 02/2008 01310 3 of 3 CITY OF PEARLAND SUBMITTALS 1.0 GENERAL 1.01 SECTION INCLUDES Section 01350 SUBMITTALS This Section contains general lists of Submittals and Technical Specifications that may be required for the Work. When Submittals are required elsewhere in these Technical Specifications, refer to this Section for Submittal requirements and procedures. A Submittal procedures for: 1. Schedule of Values 2. Construction Schedules 3. Shop Drawings, Product Data, and Samples 4. Operations and Maintenance Data 5. Manufacturer's Certificates 6. Construction Photographs 7. Project Record Documents 8. Design Mixes B References to the following Technical Specifications: 1. Section 01310 Coordination Meetings 2. Section 01630 Producct Options Substitutions 3. Section 01100— Summary of Work 4. Section 01380 Construction Photographs 5. Section 01760 Project Record Documents 6. Section 02530 Gravity Sanitary Sewers 1.02 SUBMITTAL PROCEDURES A Scheduling and Handling 1. Schedule Submittals well in advance of the need for material or equipment for construction. Allow time to make delivery of material or equipment after Submittal is approved. 2. Develop a Submittal Schedule that allows sufficient time for initial review, correction, resubmission and final review of all submittals. The Engineer will review and retum submittals to the Contractor as expeditiously as possible but the amount of time required for review will vary depending on the complexity and quantity of data submitted. In no case will a Submittal Schedule be acceptable which allows less than 30 days for initial review by the Engineer. This time for review shall in no way be justification for delays or additional compensation to the Contractor. 3. The Engineer's review of submittals covers confonnity to the Plans, Technical Specifications, and dimensions which affect the layout. The Contractor is responsible for quantity determination. The Contractor is responsible for any errors, omissions or deviations from the Contract requirements; review of 01/2008 01350 1 of 6 CITY OF PEARLAND SUBMITTALS submittals in no way relieves the Contractor from his obligation to furnish required items according to the Plans and Technical Specifications. 4. Submit 5 copies of documents unless otherwise specified in this Section or by individual Technical Specifications. 5. Revise and resubmit submittals as required. Identify all changes made since previous submittal. 6. The Contractor shall assume the risk for material or equipment which is fabricated or delivered prior to approval. No material or equipment shall be incorporated into the Work or included in Applications for Payment until approval has been obtained in the specified manner. B Transmittal Form and Numbering 1. Transmit each submittal to the Engineer with a transmittal form. 2. Sequentially number each transmittal form beginning with the number 1. Re- Submittals shall use the original number with an alphabetic suffix (i.e., 2A for first Re- Submittal of Submittal 2 or 15C for third Re- Submittal of Submittal 15). Each submittal shall only contain one type of work, material, or equipment. Mixed submittals will not be accepted. 3. Identify variations from requirements of Contract Documents and identify product or system limitations. 4. For submittal numbering of video tapes, see this Section, 1.10 "Video Contractor's Certification 1. Each submittal shall contain a statement or stamp signed by the Contractor, certifying that the items have been reviewed in detail and are correct and in accordance with Contract Documents, except as noted by any requested variance. 1.03 SCHEDULE OF VALUES A Submit a Schedule of Values at least 10 days prior to the first Application for Payment. A Schedule of Values shall be provided for each of the items indicated as Lump Sum (LS) in Section 00300 Bid Proposal for which the Contractor requests to receive Progress Payments. B Schedule of Values shall be typewritten on 8 -1/2" x 11", plain bond, white paper. Use the Table of Contents of this Project Manual as a format for listing costs of Worlc by S ection. 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 Ltunp Sum in Section 00300 Bid Proposal. D For Unit Price Contracts, items should include a proportional share of Contractor's overhead and profit, such that the total of all items listed in the Schedule of Values equals the Contract amount. For Stipulated Price Contracts, Mobilization, Bonds, and Insurance may be listed as separate items in the Schedule of Values. 01/2008 01350 2 of 6 CITY OF PEARLAND SUBMITTALS E For Lump Sum equipment items, where Submittals for Testing, Adjusting, and Balancing Reports in conjunction with Operation and Maintenance Data are required, include a separate item for equipment Operation and Maintenance Data Submittals and a separate item for Submittals of equipment Testing, Adjusting, and Balancing Reports, each valued at five (5) percent of the Lump Sum. F Revise the Schedule of Values and resubmit for items affected by contract modifications, Change Orders, and Work Change Directives. Submit revised Schedule of Values 10 days prior to the first Application for Payment after the changes are approved by the Engineer. 1.04 CONSTRUCTION SCHEDULES A Submit Constriction Schedules for the Work in accordance with the requirements of this Section. The Constriction Schedule Submittal shall be, at aminimum, abar chart, (computer generated or prepared manually) and a narrative report. B During the Preconstruction Meeting, as noted in Section 01310 Coordination and Meetings, the Contractor shall provide a sample of the format to be used for the Construction Schedule Submittal. The format is subject to approval by the Engineer. Review of the Submittal will be provided within 7 days of the Submittal of the sample. C Within 7 days of the receipt of approval of the Contractor's format, or 14 days of the Notice to Proceed, whichever is later, the Contractor shall submit a proposed Construction Schedule for review. The Construction Schedule Submittal shall meet the following requirements: 1. The Construction Schedule shall usually include a total of at least 20 but not more than 50 activities. Fewer activities may be accepted, if approved by the Engineer. 2. For Projects with work at different physical locations, each location should be indicated separately within the Construction Schedule. 3. For projects with multiple crafts or significant subcontractor components, these elements should be indicated separately within the Construction Schedule. 4. For Projects with multiple types of tasks within the scope, these types of work should be indicated separately within the Construction Schedule. 5. For Projects with significant major equipment items or materials worth over 25 percent of the Total Contract Price,. the Construction Schedule shall indicate dates when these items are to be purchased, when they are to be delivered, and when installed. 6. For Projects where operating plants are involved, each period of work which will require the shut down of any process or operation shall be identified in the Construction Schedule and must be agreed to by the Engineer prior to starting work in the area. 7. A Billing Schedule (tabulation of the estimated monthly billings) for the Work shall be prepared and submitted by the Contractor with the first Construction Schedule. This info mation is not required in the monthly updates, unless significant changes in Work require re- submittal of the Construction Schedule for review. The total for each month and a cumulative total will be indicated. 01/2008 01350 3 of 6 CITY OF PEARLAND SUBMITTALS These monthly forecasts are only for planning purposes of the Engineer. Monthly payments for actual work completed will be made by the Engineer in accordance with Section 00700 General Conditions of Agreement. D The Contractor must receive approval of the Engineer for the Construction Schedule and Billing Schedule prior to the first monthly Application for Payment. No payment will be made until these are accepted. E Upon written request from the Engineer, the Contractor shall revise and submit for approval all or any part of the Construction Schedule to reflect changed conditions in the Work or deviations made from the original plan and schedule. F The Contractor's Construction Schedule shall thereafter be updated with the Actual Start and Actual Finish Dates, Percent Complete, and Remaining Duration of each Activity and submitted monthly. The date to be used in updating the monthly Construction Schedule shall be the same Date as is used in the monthly Application for Payment. This monthly update of the Construction Schedule shall be required before the monthly Application for Payment will be processed for payment. G The narrative Construction Schedule Report shall include a description of changes made to the Constriction Schedule; Activities Added to the Construction Schedule; Activities Deleted from the Construction Schedule; any other changes made to the Construction Schedule other than the addition of Actual Start Dates and Actual Finish Dates and Remaining Durations. 1.05 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES A Shop Drawings 1. Submit Shop Drawings for review as required by the Technical Specifications. 2. Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures" shall be placed on each Shop Drawing. 3. The Shop Drawing shall accurately and distinctly present the following: a. Field and erection dimensions clearly identified as such. b. Arrangement and section views. c. Relation to adjacent materials or structure including complete information for making connections between work under this Contract and work under other contracts. d. Kinds of materials and finishes. e. Parts list and descriptions. f. Assembly Shop Drawings of equipment components and accessories showing their respective positions and relationships to the complete equipment package. g. Where necessary for clarity, identify details by reference to sheet numbers and detail numbers, schedule or room numbers as shown on the Plans. 4. Shop Drawing Drawings shall be to scale, and shall be a true representation of the specific equipment or item to be furnished. 01/2008 01350 4 of 6 CITY OF PEARLAND SUBMITTALS B Product Data 1. Submit Product Data for review when required in individual Technical Specifications. 2. Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures" shall be placed on each data item submitted. 3. Mark each copy to identify applicable products, models, options to be used in this Project. Supplement manufacturers' standard data to provide information unique to this Project, where required by the Technical Specification. 4. For products specified only by reference standard, submit manufacturer, trade name, model or catalog designation, and applicable reference standard. 5. For Approved Products, those designated in the Technical Specifications followed by the words "or approved equal submit manufacturer, trade name, model or catalog designation, and applicable reference standard. 6. For products proposed as alternates to Approved Products, refer to Section 01630 Product Options and Substitutions, 1.04 "Selection Options" and 1.07 "Substitution Procedures 7. For products that are neither Pre Approved, Approved, specified only by reference standard, nor proposed as alternates, submit product description, trade name, manufacturer, and supplier. Contractor shall provide additional information upon written request by Engineer or Owner. C Samples 1. Submit samples for review as required by the Technical Specification. 2. Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures shall be placed on each sample or a finally attached sheet of paper. 3. Submit the number of samples specified in the Technical Specification; one of which will be retained by the Engineer. 4. Reviewed samples which may be used in the Work are identified in the Technical Specifications. 1.06 OPERATIONS AND MAINTENANCE DATA A When specified in Technical Specification, submit manufacturers' printed instructions for delivery, storage, assembly, installation, start-up, operation, adjusting, finishing, and maintenance. B Contractor's Certification, as described in this Section. 1.02 "Submittal Procedures shall be placed on front page of each document. C Identify conflicts between manufacturers' instructions and Contract Documents, 1.07 MANUFACTURER'S CERTIFICATES A When specified in Technical Specification, submit manufacturers' certificate of compliance for review by Engineer. B Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures shall be placed on front page of the certificate. 01/2008 01350 5 of 6 CITY OF PEARLAND SUBMITTALS C Submit supporting reference data, affidavits, and certifications as appropriate. D Manufacturer's Certificates may be recent or previous test results on material or product, but must be acceptable to Engineer. 1.08 CONSTRUCTION PHOTOGRAPHS 1.09 PROJECT RECORD DOCUMENTS A Submit Project Record Documents in accordance with Section 01760 Project Record Documents. 1.10 VIDEO 01/2008 A Submit photographs in accordance with Section 01380 Construction Photographs. 1. Prints: Prepare 2 prints of each view and submit 1 print directy to the City's Representative within 7 days of taking photographs. One print shall be retained by the Contractor and made available at all times for reference on the job site. B PRECONSTRUCTIONPHOTOGRAPHS: 1. Prior to the commencement of any construction, take digital color photographs on the entire route of the project 2. Photographs: Two prints, color, matte finish; 3 x 5 inch size, mounted on 8 x 11 -inch soft card stock, with left edge binding margin for three hole punch, or in plastic pockets in three -ring notebook. 3. Th photographs shall show: a. Date photographs were taken b. Location of the photograph, house number and street name. (This information may be shown on a chalk board in the photograph of by a label on the mountings.) 4. Photographs should show the confition of the following a. Eslpanades and boulevards b. Yards (near, side and far side of street) c. Housewallc, sidewalk and driveway; curb d. Area between walk and curb 1) Particular features(yard lights, shrubs, fences, trees, etc.) 2) Landscaping and decorative features. POST CONSTRUCTION PHOTOGRAPHS 1. On completion of construction, provide photographs of any public or private property which has been repaired or restored and any damage which is or may be the subject of complaints. A Submit television video in DVD format as required in individual Technical Specifications. B Transmittal forms for video disks shall be numbered sequentially beginning with TO1, T02, T03, etc. 01350 6 of 6 CITY OF PEARL/AND SUBMITTALS 1.11 DESIGN MIXES A When specified, submit design mixes for review. B Contractor's Certification, as described in this Section, 1.02 "Submittal Procedures shall be placed on front page of each design mix. C Mark each design mix to identify proportions, gradations, and additives for each class and type of design mix submitted. Include applicable test results on samples for each mix. D Maintain a copy of approved design mixes at mixing plant. 2.0 PRODUCTS NotUsed 3.0 EXECUTION NotUsed END OF SECTION 01/2008 01350 7 of 6 CITY OF PEARLAND CONSTRUCTION PHOTOGRPAHS Section 01380 CONSTRUCTION PHOTOGRAPHS 1.0 GENERAL 1.01 SECTION INCLUDES A Requirements for construction photographs and submittals. B References Technical Specifications: 1. Section 01100 Summary of Work 2. Section 01350 Submittals 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Construction Photographs under this Section. Include cost in Bid Items for installed Work. 1.03 SUBMITTALS A When required by Section 01100 Summary of Work, submit photographs in accordance applicable provisions of this Section. B Make Submittals required by this and related Sections under the provisions of Section 01350 Submittals. C Prepare three (3) prints of each view and submit two (2) prints directly to the Project Manager within seven (7) days of taking photographs. One (1) print shall be retained by the Contractor in the field office at the Project Site and available at all times for reference. D When requested by the Project Manager, the Contractor shalt submit extra prints of photographs, for distribution directly to designated parties who will pay the costs for the extra prints directly to the photographer. E When required by individual Sections, submit photographs taken prior to start of the Work to show original Project Site conditions. F When required by Contract Documents, submit photographs with Application for Payment. G When required by individual Sections, submit photographs taken following completion of the Work to show the condition in which the Project Site will be left. H With each submittal, include photographic negatives in protective envelopes, identified by Project Name, Contractor, and date photographs were taken. 01/2008 01380 1 of 3 CITY OF PEARLAND CONSTRUCTION PHOTOGRPAHS 1.04 QUALITY ASSURANCE A Contractor shall be responsible for the timely execution of the photographs, their vantage point, direction of shot, and quality. 2.0 PRODUCTS 2.01 PHOTOGRAPHS A Photographs shall be digital quality and shall be submitted on a CD. B The photographs shall show on a non elective chalkboard or white board, readable in the photograph: 1. Job number. 2. Date and time photographs were taken. 3. Location of the photograph house number and street, along with the project number. C Indicate the condition of the following: 1. Esplanades and boulevards. 2. Yards (near side and far side of street). 3. House -walk and sidewalk. 4. Curb. 5. Area between walk and curb. 6. Particular features (yard lights, shrubs, fence, trees, etc.). 7. Date shall be on negative. 8. Provide notation of vantage point marked for location and direction of shot on a key plan of the Project Site. D Sufficient number of photographs shall be taken to show the existence or non- existence of cracked concrete and the condition of trees, shrubs and grass. E Identify each photograph with an applied label or rubber stamp on the back with the following information: 1. Name of the Project. 2. Name and address of the photographer (if a professional photographer is us'ed). 3. Name of the Contractor. 4. Date the photograph was taken. 5. Photographs to be in plastic pockets and bound in three -ring notebook for easy access and viewing. 3.0 EXECUTION 3.01 PRECONSTRUCTION PHOTOGRAPHS A Prior to the commencement of the Work, take photographs of the entire route of the Project Site. 01/2008 01380 2 of 3 CITY OFPEARLAND CONSTRUCTION PHOTOGRAAHS 3.02 POST CONSTRUCTION PHOTOGRAPHS A Following the completion of the Worlc, take photographs from corresponding vantage points and direction of shots. 3.03 PROGESS PHOTOGRAPHS A Take photographs at intervals, coinciding with the cutoff date associated with each Application for Payment and submit on CD with monthly Application for Payment. B Select the vantage points for each shot each month to best show the status of constriction and progress since the last photographs were taken. Take not less than two (2) shots from the same vantage point creating a time Lapsed sequence. C Follow direction when given by the Project Manager in selecting vantage points. END OF SECTION 01/2008 01380 3 of 3 CITY OF PEARLAND REFERENCED STANDARDS Section 01420 REFERENCED STANDARDS 1.0 GENERAL 1.01 SECTION INCLUDES A General quality assurance as related to Reference Standards and a list of references. B References to Technical Specifications: None 1.02 QUALITY ASSURANCE A For Products or workmanship specified by association, trade, or Federal Standards comply with requirements of the standard, except when more rigid requirements are specified or are required by applicable codes. B Conform to reference standard by date of issue current on the date as stated in Section 00700 General Conditions of Agreement. C Request clarification from Engineer before proceeding should specified reference standards conflict with Contract Documents. 1.03 SCHEDULE OF REFERENCES AASHTO American Association of State Highway and Transportation Officials 444 North Capitol Street, N.W. Washington, DC 20001 ACI AGC Al AITC American Concrete Institute P.O. Box 19150 Reford Station Detroit, MI 48219 -0150 Associated General Contractors of America 1957 E Street, N.W. Washington, DC 20006 Asphalt Institute Asphalt Institute Building College Park, MD 20740 American Institute of Timber Construction 333 W. Ilampden Avenue Englewood, CO 80110 02/2008 01420 1 of 5 CITY OFPEARLAND REFERENCED STANDARDS AISC AISI ASME American Society of Mechanical Engineers 345 East 47th Street New Yorlc, NY 10017 ANSI APA API ASTM AWS American Institute of Steel Construction 400 North Michigan Avenue, Eighth Floor Chicago, IL 60611 American Iron and Steel Instihrte 1000 16th Street, N.W. Washington, DC 20036 American National Standards Institute 1430 Broadway New York, NY 10018 American Plywood Association Box 11700 Tacoma, WA 98411 American Petroleum Institute 1220 L Street, N.W. Washington, DC 20005 AREA American Railway Engineering Association 50 F Street, N.W. Washington, DC 20001 American Society for Testing and Materials 1916 Race Street Philadelphia, PA 19103 AWPA American Wood Preservers' Associati 7735 Old Georgetown Road. Bethesda, MD 20014 American Welding Society P.O. Box 35104 Miami, FL 33135 AWWA American Water Works Association 6666 West Quincy Avenue Denver, CO 80235 02/2008 01420 2 of 5 CITYOFPEARLAND REFERENCED STANDARDS CLFMI Chain Link Fence Manufacturers Institute 1101 Connecticut Avenue, N.W. Washington, DC 20036 CRD U.S.A. Corps of Engineers CRSI Code of Ordinances City of Pearland 3519 Liberty Drive Pearland, TX 77581 Concrete Reinforcing Steel Institute 933 Plum Grove Road Schaumburg, IL 60173 -4758 EJMA Expansion Joint Manufacturers Association 707 Westchester Avenue White Plains, NY 10604 FDA U.S. Food and Drug Administration 5600 Fisher Lane Rockville, MD 20857 -0001 FS ICEA IEEE NACE Federal Standardization Documents General Services Administration, Specifications Unit (WFSIS) 7th and D Street S.W. Washington, DC 20406 Insulated Cable Engineer Association P.O. Box 440 S. Yarmouth, MA 02664 Institute of Electrical and Electronics Engineers 445 Hoes Lane P.O. Box 1331 Piscataway, NJ 0855 -1331 MIL Military Specifications General Services Administration, Specifications Unit (WFSIS) 7th and D Street S.W. Washington, DC 20406 National Association of Corrosion Engineers P. O. Box 986 Katy, TX 77450 02/2008 01420 3 of 5 CITY OF PEARLAND REFERENCED STANDARDS NEMA National Electrical Manufacturers' Association 2101 L Street, N.W., Suite 300 Washington, DC 20037 NFPA National Fire Protection Association Batterymareh 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 PCI SDI SSPC TCEQ UL Portland Cement Association 5420 Old Orchard Road Skokie, IL 60077 -1083 Prestressed Concrete Institute 201 North Wacker Drive Chicago, IL 60606 Steel Deck Institute Box 9506 Canton, OH 44711 Steel Structures Painting Council 4400 Fifth Avenue Pittsburgh, PA 15213 TAC Texas Administrative Code Texas Commission on Environmental Quality P. O. Box 13087 Austin, TX 78711 -3087 TxDOT Texas Department of Transportation 125 East 11th Street Austin, TX 78701 -2483 Texas MUTCD Texas Manual on Uniform Traffic Control Devices (2003 Adoption) (published by Texas Department of Transportation) Underwriters' Laboratories, Inc. 333 Pfingston Road Northbrook, IL 60062 UNI -BELL UNI -BELL Pipe Association 2655 Villa Creek Drive, Suite 155 02/2008 01420 4 of 5 CITY OF PEARLAND REFERENCED STANDARDS Dallas, TX 75234 WRI Wire Reinforcement Institute 942 Main Street Suite 300 Hartford, CT 06103 WWD /PI Water Well Drillers and Pump Installers Advisory Council Texas Department of Licensing and Regulation P.O. Box 12157 Austin, TX 78711 2.0 PRODUCTS NotUsed 3.0 EXECUTION NotUsed END OF SECTION 02/2008 01420 5 of 5 CITY OF PEARLAND LO GENERAL 1.01 SECTION INCLUDES CONTRACTOR'S QUALITY CONTROL Section 01430 CONTRACTOR'S QUALITY CONTROL A Quality assurance and control of installation and manufacturer's field services and reports. B References to Technical Specifications: 1. Section 01350 Submittals 1.02 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 Submittals. 1.03 QUALITY ASSURANCE /CONTROL OF INSTALLATION A Monitor quality control over suppliers, manufacturers, products, services, site conditions, and workmanship, to produce the Work of specified quality at no additional cost to the Owner. B Comply fully with manufacturers' installation instructions, including each step in sequence. C Request clarification from Project Manager before proceeding should manufacturers' instructions conflict with Contract Documents. D Comply with specified Standards as minimum requirements for the Work except when more stringent tolerances, codes, or specified requirements indicate higher standards or more precise workmanship. E Perform work by persons qualified to produce the specified level of workmanship. F Obtain copies of Standards and maintain at Project Site when required by individual Technical Specifications, 1.04 MANUFACTURERS' FIELD SERVICES AND REPORTS A When specified in individual Technical Specifications, provide material or product suppliers' or manufacturers' technical representative to observe site conditions, conditions Of surfaces and installation, quality of workmanship, start -up of equipment, operator training, test, adjust, and balance of equipment as applicable, and to initiate operation, as required. Conform to minimum time requirements for start-up operations and operator training if defined in Technical Specifications. 02/2008 01430 I of 2 CITY OF PEARLAND CONTRACTOR'S QUALITY CONTROL B At the Project Manager's request, submit qualifications of manufacturer's representative to Project Manager fifteen (15) days in advance of required representative's services. The representative shall be subject to approval of Project Manager. C Manufacturer's representative shall report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers' written instructions. Submit report within one (1) day of observation to Project Manager for review. 2.0 PRODUCTS NotUsed 3M EXECUTION NotUsed END OF SECTION 02/2008 01430 2 of 2 CITY OF PEARLAND OBSERVATION SERVICES 1.03 INSPECTION Section 01440 OBSERVATION SERVICES 1.0 GENERAL 1.01 SECTION INCLUDES A Observation services and references. B References to Technical Specifications: 1. Section 01450 Testing Laboratory Services 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. A Project Manager will appoint an Observer as a representative of the Owner to oversee inspections, tests, and other services specified in individual Technical Specifications. B Alternately, Project Manager may appoint, employ, and pay an independent firm to provide additional observation or construction management services as indicated in Section 01450 Testing Laboratory Services. C Reports will be submitted by the independent firm to Project Manager, Engineer, and Contractor, indicating observations and results of tests and indicating compliance or non compliance with Contract Documents. D Contractor shall assist and cooperate with the Observer; furnish samples of materials, design mix, equipment, tools, and storage. E Contractor shall notify Project Manager 24 hours prior to expected time for operations requiring services. Notify Engineer and independent firm when noted. F Contractor shall sign and acknowledge report for Observer. 2.0 PRODUCTS -Not Used 3.0 EXECUTION NotUsed END OF SECTION 09/2009 01440 1 of 1 CITY OF PEARLAND TESTING LABORATORY SERVICES Section 01450 TESTING LABORATORY SERVICES LO GENERAL 1.01 SECTION INCLUDES A Testing Laboratory Services and Contractor responsibilities related to those services. B References to Technical Specifications: 1. Section 01350 Submittals C Referenced Standards: 1. American Society for Testing and Materials (ASTM) 2. ASTM D 3740, "Practice for Evaluation of Agencies Engaged in Testing and /or Inspection of Soil and Rock as Used in Engineering Design and Construction" 3. ASTM E 329, "Recommended Practice for Inspection and Testing Agencies for Concrete, Steel, and Bituminous Materials as Used in Constriction" 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. B The City will deduct a minimum four -hour charge for testing laboratory time from periodic progress payment when operations requiring testing or inspections are canceled without 24 hours prior notification. 1.03 SELECTION A Owner will select, employ, and pay for services of an independent testing laboratory to perform inspection and testing identified in individual Technical Specifications. B Contractor shall be responsible for paying for services of commercial testing laboratory, with prior approval of Owner, to perform the following: 1. Pipe diameter deflection tests on all flexible and semi -rigid sanitary sewer collection system pipe installation 2. Laboratory services required to establish mix design proposed for use for Portland cement concrete, asphaltic concrete mixtures and other material mixes requiring control by testing laboratory when required because of change in source of materials or other conditions not caused by Owner. 3. Testing and inspection performed for the Contractor's convenience. 4. Retesting and repetitions of laboratory services when initial tests indicate work does not comply with requirements of Contract Documents. C Employment of testing laboratory shall not relieve Contractor of obligation to perform work in accordance with requirements of Contract Documents. 09/2009 01450 1 of 3 CITY OF PEARLAND TESTING LABORATORY SERVICES D Owner or designated representative shall schedule and monitor testing as required to provide timely results and to avoid delay to the Work. 1.04 LABORATORY REPORTS A The Engineer will receive 1 copy, the Project Manager will receive 2 copies, and the Contractor will receive 2 copies of Laboratory Reports from the testing laboratory. One of the Contractor's copies shall remain at the Project Site for duration of Project. Test results which indicate non- confonnance shall be transmitted immediately via fax from the testing laboratory to the Contractor and Project Manager. 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 port ion of the Work. C Laboratory may not assume any duties of Contractor. D Laboratory has no authority to stop the Work. 1.06 CONTRACTOR RESPONSIBILITIES A Notify Project Manager and laboratory 24 hours prior to expected time for operations requiring inspection and testing services. Notify Engineer if specification section requires the presence of the Engineer. B Cooperate with laboratory personnel in collecting samples to be tested or collected on Project Site. C Provide access to the Work and to manufacturer's facilities. D Provide samples to laboratory in advance of their intended use to allow thorough examination and testing. E Provide incidental labor and facilities for access to the Work to be tested; to obtain and handle samples at the site or at source of products to be tested; and to facilitate tests and inspections including storage and curing of test samples. F Reports and commentaries by testing laboratory shall in no way relieve Contractor of his obligation to perform work in full compliance with standards and provision of the Contract Documents. G 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. 09/2009 01450 2 of 3 CITY OF PEARLAND 2.0 PRODUCTS NotUsed 3.0 EXECUTION 3.01 CONDUCTING TESTING END OF SECTION TESTING LABORATORY SERVICES A Laboratory sampling and testing shall confoinn to ASTM D 3740 and ASTM E 329, as well as other test standards specified in individual Technical Specifications. 09/2009 01450 3 of 3 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS Section 01500 TEMPORARY FACILITIES AND CONTROLS 1.0 GENERAL 1.01 SECTION INCLUDES A Temporary facilities and the necessary controls for the Work including utilities, safety requirements, first aid equipment, fire protection, security measures, protection of the Work and property, access roads and parking, enviromnental controls, disposal of trash, debris, and excavated material, pest and rodent control, water runoff and erosion control. References to Technical Specifications: Section 01350 Submittals Section 01100 Summary of Work Section 01600 Material Equipment Section 01555 Traffic Control Regulation C Referenced Standards: Occupational Safety and Health Administration (OSHA) National Fire Protection Association (NFPA) Code of Ordinances, City of Pearland, Texas Definitions: Underground Structures sewer, water, gas, and other piping, and manholes, chambers, electrical and signal conduits, tunnels, and other existing subsurface installations located within or adjacent to the limits of the Work. Surface Structures existing buildings, structures and other constructed installations above the ground surface. Included with such structures are their foundations or any extension below the surface. Surface structures include, but are not limited to buildings, tanks, walls, bridges, roads, dams, channels, open drainage, piping, poles, wires, posts, signs, markers, curbs, walks, guard cables, fencing, and other facilities that are visible above the ground surface. 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work perfonned under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 Submittals. 09/20096 01500 1 of 9 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS 1.04 CONTRACTOR'S RESPONSIBILITY A The facilities and controls specified in this Section are considered minimum for the Work. The Contractor may provide additional facilities and controls for the proper execution of the Work and to meet Contractor's responsibilities for protection of persons and property. B Comply with applicable requirements specified in other Teclmical Specifications. C Maintain and operate temporary facilities and systems to assure continuous service. D Modify and extend systems as Work progress requires. E Completely remove temporary materials and equipment when their use is no longer required. F Restore existing facilities used for temporary services to specified or to original condition. 1.05 TEMPORARY UTILITIES A Temporary Service Make arrangements with utility service companies for temporary services. Abide by rules and regulations of the utility service companies or authorities having jurisdiction. Be responsible for utility service costs until the Work is Substantially Complete. Included are fuel, power, light, heat, and other utility services necessary for execution, completion, testing, and initial operation of the Work. B Water Provide water required for and in connection with Work to be perfonned and for specified tests of piping, equipment, devices, or for other use as required for proper completion of the Work. For water to be drawn from public fire hydrants, obtain special permit or license and meter from the proper City officials. A deposit based on rates established by latest ordinance will be required. Install backflow preventor on fire hydrant supply. Provide and maintain an adequate supply of potable water for domestic consumption by Contractor personnel. C Electricity and Lighting Provide electric power service as required for the Work, including testing of Work. Provide power for lighting, operation of the Contractor's equipment, or for any other use by Contractor. Electric power service includes temporary power sery ice or generator to maintain plant operations during any scheduled shutdown. Minimum lighting level shall be 5 foot candles for open areas; 10 foot candles for stairs and shops. 09/20096 01500 2 of 9 CITY OFPEARLAND TEMPORARY FACILITIES AND CONTROLS D Temporary Heat and Ventilation Provide temporary heat as necessary for protection or completion of the Work. Provide temporary heat and ventilation to assure safe working conditions; maintain enclosed areas at a minimum of 50 degrees F. E Telephone Provide emergency telephone service at the Project Site for use by Contractor personnel and others performing work or finishing services. F Sanitary Facilities Provide and maintain sanitary facilities for persons on the Project Site, in compliance with federal, state, and local regulations. Locate toilets on the Project Site near the work and secluded from view insofar as possible. Keep toilets clean and supplied throughout the course of the Work. Enforce the use of sanitary facilities by constriction personnel at the Project Site. Such facilities shall be enclosed. Pit -type toilets will not be permitted. No discharge will be allowed from these facilities. Collect and store sewage and waste so as not to cause a nuisance or health problem; have sewage and waste hauled off -site and properly disposed in accordance with local regulations. Control areas where sanitary facilities are located in conformance with Section 01566 Source Controls for Erosion Sedimentation. 1.06 STORAGE OF MATERIALS A Provide for storage of materials under the provisions of Section 01600 Material Equipment. 1.07 SAFETY REQUIREMENTS A A Contractor shall prepare, submit and follow a Safety Program that complies with federal, state, and local safety codes, statutes, and practices. Include in the Safety Program documented response to excavation, embankment, and trench safety requirements as specified in Section 01570 Trench Safety System. B Conduct operations in strict accord with applicable federal, state and local safety codes and statutes and with good construction practice. The Contractor is fully responsible and obligated to establish and maintain procedures for safety of all work, personnel and equipment involved in the Work. C Observe and comply with Texas Occupational Safety Act (Art. 5182a, V.C.S.) and with all safety and health standards promulgated by Secretary of Labor under Section 107 of Contract Work Hours and Standards Act, published in OSHA Standards 29 CFR, Part 1926, and adopted by Secretary of Labor under the Williams- Steiger Occupational Safety and Health Act of 1970, and to any other legislation enacted for safety and health of Contractor employees. Such safety and health standards apply to subcontractors and their employees as well as to the Contractor and its employees. D Observance of and compliance with the regulations shall be solely and without qualification the responsibility of the Contractor without reliance or superintendence of 09/20096 01500 3 of 9 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS or direction by the Engineer or the Engineer's representative limnediately advise the Engineer of investigation or inspection by Federal Safety and Health inspectors of the Contractor or subcontractor's work or place of work on the Project Site under this Contract, and after such investigation or inspection, advise the Engineer of the results. Submit one copy of accident reports to Engineer within ten (10) days of occurrence. E Protect areas occupied by workmen using the best available devices for detection of lethal and combustible gases. Test such devices frequently to assure their functional capability. Constantly observe infiltration of liquids into the Work area for visual or odor evidence of contamination. Take immediate and appropriate steps to seal off entry of contaminated liquids to the Work area. F Safety measures, including but not limited to safety personnel, first -aid equipment, ventilating equipment and safety equipment, in the Plans and Technical Specifications are obligations of the Contractor. G Maintain required coordination with the local Police and Fire Departments during the entire period covered by the Contract. 1.08 FIRST AID EQUIPMENT A Provide a first aid kit throughout the construction period. List telephone numbers for physicians, hospitals, and ambulance services in each first aid kit. B Have at least one person thoroughly trained in first aid procedures present on the Project Site whenever work is in progress. 1.09 FIRE PROTECTION A Fire Protection Standards. Confoun to specified fire protection and prevention requirements as well as those that may be established by Federal, State, or local governmental agencies. B. Comply with all applicable provisions of NFPA Standard No. 241, Safeguarding Building Construction and Demolition Operations. Provide portable fire extinguishers, rated not less than 2A or 5B in accordance with NFPA Standard No. 10, Portable Fire Extinguishers, for each temporary building, and for every 3000 square feet of floor area of facilities under construction. Locate portable fire extinguishers within 50 feet maximum from any point on the Project Site. Fire Prevention and Safety Measures. Prohibit smoking in hazardous areas. Post suitable warning signs in areas that are continuously or intermittently hazardous. Use metal safety containers for storage and handling of flammable and combustible liquids. Do not store flammable or combustible liquids in or near stairways or exits. Maintain clear exits from all points within a structure. 09/20096 01500 4 of 9 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS 1.10 SECURITY MEASURES A Protect all materials, equipment, and property associated with the Work from loss, theft, damage, and vandalism. Contractor's duty to protect property includes Owner's property. B If existing fencing or barriers are breached or removed for purposes of construction, provide and maintain temporary security fencing equal to existing. 1.11 PROTECTION OF PUBLIC UTILITIES A Prevent damage to existing public utilities during construction. These utilities are shown on the Plans at their approximate locations. Give owners of these utilities at least 48 hours notice before commencing Work in the area, for locating the utilities during construction, and for making adjustments or relocation of the utilities when they conflict with the proposed Work. 1.12 PROTECTION OF PEOPLE AND PROPERTY A Preventive Actions. Take precautions, provide programs, and take actions necessary to protect the Work and public and private property from damage. Take action to prevent damage, injury or loss, including, but not limited to, the following: a. Store apparatus, materials, supplies, and equipment in an orderly, safe manner that will not unduly interfere with progress of the Work or the Work of any other contractor, any utility service company, or the Owner's operations. b. Provide suitable storage for materials that are subject to damage by exposure to weather, theft, breakage, or otherwise. c. Place upon the Work or any part thereof only such loads as are consistent with the safety of that portion of the Worlc. d. Frequently clean up refuse, rubbish, scrap materials, and debris caused by constriction operations, keeping the Work 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. f 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. g. Assume full responsibility for the preservation of public and private property on or adjacent to the site. If any direct or indirect dvnage 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. 09/20096 01500 5 of CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS 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 watclunen; and take other precautionary measures for the protection of persons or property and protection of the Work. Conform to Section 01555 Traffic Control Regulation. C Preserving Control Points Maintain permanent benchmarks, monumentation, and other reference points. Unless otherwise directed in writing, replace at no cost to the Owner those that are damaged or destroyed in accordance with Section 01720 Field Surveying. D Tree and Plant Protection. Protect trees, shrubs, lawns, outside of grading limits and within the grading limits as designated on the Plans, and in accordance with requirements of Section 01563 —Tree Plant Protection. E Protection of Underground and Surface Structures Known underground structures, including water, sewer, electric, and telephone services are shown on the Plans in accordance with the best inforuuation available, but is not guaranteed to be correct or complete. Contractor is responsible for making Locate Calls. Explore ahead of trenching and excavation work and uncover obstructing underground structures sufficiently to detennine their location, to prevent damage to them and to prevent interruption of utility services. Restore to original condition damages to underground structure at no additional cost to the Owner. Immediately notify the agency or company owning any existing utility which is damaged, broken, or disturbed. Obtain approval from the Engineer and agency for any repairs or relocations, either temporary or permanent. Necessary changes in location of the Work may be made by the Engineer to avoid unanticipated underground structures. If permanent relocation of an underground structure or other subsurface installations is required and not otherwise provided for in the Contract Documents, the Engineer will direct Contractor in writing to perform the Work, which shall be paid for under the provisions for changes in the Contract Price as described in Section 00700 General Conditions of Agreement. Support in place and protect from direct or indirect injury to underground and surface structures located within or adjacent to the limits of the Work. Install such supports carefully and as required by the party owning or controlling such structure. Before installing structure supports, Contractor shall satisfy the Engineer that the methods and procedures to be used have been approved by the owner of the structure. Avoid moving or in any way changing the property ofpublic 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. 09/20096 01500 6 of 9 CITY OF PEARLAND TEMPORARY FACILITIES AND CONTROLS 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 minimrun of five (5) working days advance notice. Probe and flag the location of underground utilities prior to commencement of' excavation. Keep flags in place until construction operations reach and uncover the utility. Assume risks attending the presence or proximity of underground and surface structures within or adjacent to the limits to the Work including but not limited to damage and expense for direct or indirect injury caused by the Work to any structure. Immediately repair damage caused, to the satisfaction of the owner of the damaged structure. 1.13 PROTECTION OF THE WORK Provide protection of installed products to prevent damage from subsequent operations. Remove protection facilities when no longer needed, prior to completion of the Work. Control traffic to prevent damage to equipment, materials, and surfaces. 1.14 ROADS AND PARKING A Prevent interference with traffic and Owner operations on existing roads. B Minimize use of existing streets and driveways by constriction traffic. C Control traffic to prevent damage to equipment, materials, and surfaces. D Construct and maintain temporary detours, ramps, and roads to provide for normal public traffic flow when use of public roads or streets is closed by necessities of the. Work. E Provide mats or other means to prevent overloading or damage to existing roadways from tracked equipment or exceptionally large or heavy trucks or equipment F Designate temporary parking areas to accommodate construction personnel. When site space is not adequate, provide additional off -site parking. Locate as approved by Engineer. G Do not allow heavy vehicles or construction equipment unnecessarily in existing parking areas. 1.15 ENVIRONMENTAL CONTROLS A Provide and maintain methods, equipment, and temporary construction as necessary for controls over environmental conditions at the construction site and adjacent areas. B Comply with statutes, regulations, and ordinances which relate to the proposed Work for the prevention of environmental pollution and preservation of natural resources, including but not limited to the National Environmental Policy Act of 1969, PL 91- 190, Executive Order 11514. 09/20096 01500 7 of 9 CITY OF PEARLAND 1.16 POLLUTION CONTROL 1.18 NOISE CONTROL TEMPORARY FACILITIES AND CONTROLS C Provide, install and maintain stonn water runoff control including but not limited to temporary entrance, silt fencing, etc. as specified in Contract Documents.Pfewide D Recognize and adhere to the environmental requirements of the Project. Disturbed areas shall be strictly limited to boundaries established by the Contract Documents. Burning of rubbish, debris or waste materials is not permitted. A Provide methods, means, and facilities required to prevent contamination of soil, water or atmosphere by discharge of noxious substances from constriction operations. B Provide equipment and personnel to perform emergency measures required to contain any spillage, and to remove contaminated soils or liquids. Excavate and dispose of any contaminated earth off -site, and replace with suitable compacted fill and topsoil. C Take special measures to prevent harmful substances from entering receiving streams or storm water conveyance systems in conformance with TPDES requirements and Section 01566 Source Controls for Erosion Sedimentation. D Provide systems for control of atmospheric pollutants. Prevent toxic concentrations of chemicals. Prevent harmful dispersal of pollutants into the atmosphere. E Use equipment during construction that conforms to current federal, state, and local laws and regulations. 1.17 PEST AND RODENT CONTROL A Provide rodent and pest control as necessary to prevent infestation of Project Site. B Employ methods and use materials which will not adversely affect conditions at the Project Site or adjoining properties. A Provide vehicles, equipment, and construction activities that minimize noise to the greatest degree practicable. Noise levels shall conform to OSHA Standards 29 CFR and in no case will noise levels be permitted which create a nuisance in the surrounding neighborhoods. B Conduct constriction operations during daylight hours from 7:30 a.m. to 6:00 p.m. except as approved by Engineer. C Comply with Chapter 19 NOISE, Codes of Ordinances, City of Pearland, Texas. 09/20096 01500 8 of 9 CITY OFPEARLAND TEMPORARY FACILITIES AND CONTROLS 1.19 DUST CONTROL A Control objectionable dust caused by operation of vehicles and equipment under the provisions of Section 01566 Source Controls for Erosion Sedimentation. 1.20 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 Worlc, the Project Site, or adjoining properties in accordance with Section 01564 Control of Ground Water Surface Water and Section 01566 Source Controls for Erosion Sedimentation. B Inspect earthwork periodically to detect any evidence of the start of erosion. Apply corrective measures as required to control erosion. 2.0 PRODUCTS NotUsed 3.0 EXECUTION NotUsed END OF SECTION 09/20096 01500 9 of 9 CITY OF PEARLAND MOBILIZATION Section 01505 MOBILIZATION 1.0 GENERAL 1.01 SECTION INCLUDES A Mobilization of construction equipment and facilities onto the Work. B Referenced Standards: 1. Texas Department of Transportation (TxDOT) 2. Texas Manual on Uniform Traffic Control Devices (Texas MUTCD) 1.02 MEASUREMENT AND PAYMENT A Measurement for Mobilization is on a Lump Sum basis. Include 50 percent of the cost of Mobilization in the first monthly Application for Payment. B Payment is subject to the receipt and approval by Engineer of the following items, as applicable: 1. Schedule of Values (Section 01350 Submittals) 2. Trench Safety Program (Section 01570 Trench Safety System) 3. Construction Schedule (Section 01350 Submittals) 4. Pre- construction Photographs (Section 01380 Construction Photographs) 5. Installation and acceptance of Project Identification Sign(s) 6. Installation and acceptance of Field Office as defined in Section 01500, 1.06. C Payment of the remaining 50 percent of the Contract Price for Mobilization is subject to completion of Temporary Facilities as specified in Section 01500, inclusive. D Mobilization payments will be subject to Retainage as stipulated in Section 00700 General Conditions of Agreement. 2M PRODUCTS 2.01 PROJECT IDENTIFICATION SIGNS A Provide specified number of project identification sign(s) per Section 01580 The name, address and contact infonnation of the general contractor for the project shall be shown on the sign per Section 01580 and the attached exhibit. 3M EXECUTION 3.01 PLACEMENT OF PROJECT IDENTIFICATION SIGNS A Place a Project Identification Sign as described in Section 01580, part 1.03, D visible to passing traffic or as directed by Engineer. END OF SECTION 07/2006 01505 1 of 1 CITY OF PEARLAND LO GENERAL 1.01 SECTION INCLUDES A Installation of erosion and sediment control for Stabilized Construction Exits used during construction and until final development of the Project site. B References to Technical Specifications: 1. Section 01350 Submittals 2. Section 01562 Waste Material Disposal 3. Section 01566 Source Controls for Erosion Sedimentation C Referenced Standards: 1. American Society of Testing and Materials (ASTM) a. ASTM D 4632, "Standard Test Method for Grab Breaking Load and Elongation of Geotextiles" 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required in this Section under the provisions of Section 01350 Submittals. B Manufacturer's catalog sheets and other product data on Geotextile fabric. C Sieve analysis of aggregates conforming to requirements in this Section, 2.02 "Course Aggregates 2M PRODUCTS 2.01 GEOTEXTILE FABRIC STABILIZED CONSTRUCTION EXITS Section 01550 STABILIZED CONSTRUCTION EXITS A Provide woven or non -woven geotextile fabric made of either polypropylene, polyethylene, ethylene, or polyamide material. B By ASTM D 4632, geotextile fabric shall have a minimum grab strength of 270 psi any principal direction, and the equivalent opening size between 50 and 140. C Both the geotextile and threads shall be resistant to chemical attack, rnildew, and rot and shall contain ultraviolet ray inhibitors and stabilizers to provide a minimum of 6 months of expected usable life at a temperature range of 0 °F to 120 °F. 02/2008 01550 1 of 3 CITY OFPEARLAND STABILIZED CONSTRUCTION EXITS D Representative Manufacturers: Mirafi, Inc., Or -Equal 2.02 COARSE AGGREGATES A Coarse aggregate shall consist of crushed stone, gravel, concrete, crushed blast furnace slag, or a combination of these materials. Aggregate shall be composed of clean, hard, durable materials free from adherent coatings, salt, alkali, dirt, clay, loam, shale, soft or flaky materials, or organic and injurious matter. B Course aggregates shall be open graded with a size of 2 rA to 5" 3.0 EXECUTION 3.01 PREPARATION AND INSTALLATION A If necessary to keep the street clean of mud carried by construction vehicles and equipment, Contractor shall provide stabilized construction exits at the construction, staging, parking, storage, and disposal areas. Such erosion and sediment controls shall be constructed in accordance with the requirements shown on the Plans and specified in this Section. B Erosion and sediment control measures shall be in place prior to the start of any Work that exposes the soil, other than as specifically directed by the Engineer to allow soil testing and surveying. C Maintain existing erosion and sediment control systems located within the Project Site until acceptance of the Work or until directed by the Engineer to remove and discard the existing system. D Regularly inspect and repair or replace components of stabilized construction exits. Unless otherwise directed, maintain them until the Work is accepted by the Owner. Remove stabilized construction exits promptly when directed by the Engineer. Discard removed materials in accordance with Section 01562 Waste Material Disposal. E Equipment and vehicles shall be prohibited by the Contractor from maneuvering on areas outside of dedicated rights -of -way and easements for construction. Damage caused by construction traffic to erosion and sediment control systems shall be repaired immediately. F Conduct all construction operations under this Contract in conformance with the erosion control practices described in the Section 01566 Source Controls for Erosion Sedimentation. 3.02 CONSTRUCTION METHODS A Provide stabilized access roads, subdivision roads, parking areas, and other on -site vehicle transportation routes where shown on Plans. 02/2008 01550 2 of 3 CITY OF PEARLAND STABILIZED CONSTRUCTION EXITS B Provide stabilized construction exits, and truck washing areas when approved by Engineer, of the sizes and locations where shown on Plans or as specified in this Section. C Vehicles leaving constriction 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 constrict a truck washing area. Truck washing shall be done on stabilized areas which drain into a drainage system protected by erosion and sediment control measures. D Details for Stabilized Construction Exits are shown on the Plans. Construction of all other stabilized areas shall be to the same requirements. Roadway width shall be at least 14 feet for one -way traffic and 20 feet for two -way traffic and shall be sufficient for all ingress and egress. Furnish and place geotextile fabric as a permeable separator to prevent mixing of coarse aggregate with underlaying soil. Exposure of geotextile fabric to the elements between laydown and cover shall be a maximum of 14 days to minimize damage potential. E Roads and parking areas shall be graded to provide sufficient drainage away from stabilized areas. Use sandbags, gravel, boards, or similar methods to prevent sediment from entering public right -of -way, receiving stream or storm water conveyance system. F The stabilized areas shall be inspected and maintained daily. Provide periodic top dressing with additional coarse aggregates to maintain the required depth. Repair and clean out damaged control measures used to trap sediment. All sediment spilled, dropped, washed, or tracked onto public right -of -way shall be removed immediately. G The length of the stabilized area shall be as shown on the Plans, but not less than 50 feet. The thickness shall not be less than 8 inches. The width shall not be less than full width of all points of ingress or egress. H Stabilization for other areas shall have the same coarse aggregate, thickness, and width requirements as the stabilized construction exit, except where shown otherwise on the Plans. I Stabilized area may be widened or lengthened to accommodate truck washing area when authorized by Engineer. J Alternative methods of construction may be utilized when shown on Plans, or when approved by the Engineer. These methods include the following: 1. Cement- Stabilized Soil, Compacted cement stabilized soil or other fill material in an application thickness of at least 8 inches. 2. Wood Mats /Mud Mats Oak or other hardwood timbers placed edge -to- edge and across support wooden beams which are placed on top of existing soil in an application thickness of at least 6 inches. 3. Steel Mats Perforated mats placed across perpendicular support members. END OF SECTION 02/2008 01550 3 of 3 CITY OF PEARLAND 1.0 GENERAL 1.01 SECTION INCLUDES TRAFFIC CONTROL AND REGULATION Section 01555 TRAFFIC CONTROL AND REGULATION A Requirements for traffic control plans, signs, signals, control devices, flares, lights and traffic signals, as well as construction parking control, designated haul routes and bridging of trenches and excavations. B Requirements for and qualifications of Flaggers. C References to Technical Specifications: 1. Section 01350 Submittals 2. Section 01140— Contractor's Use of Premises D Referenced Standards: 1. Texas Manual on Uniform Traffic Control Devices (Texas MUTCD) 1.02 MEASUREMENT AND PAYMENT A Traffic Control and Regulation. Measurement is on a Lump Sum basis for Traffic Control and Regulation, including submittal of a traffic control plan if different from the one provided on the Plans, provision of traffic control devices, and provision of equipment and personnel as necessary to protect the Work and the public. The amount invoiced shall be determined based on the Schedule of Values submitted for traffic control and regulation. B Flaggers. Measurement is on a Lump Sum basis for Flaggers as required for the Work. The amount invoiced shall be determined based on the Schedule of Values submitted for Flaggers. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 Submittals. B A Traffic Control Plan responsive to the Texas MUTCD and sealed by a Registered Professional Engineer is incorporated into the Plans. If the Contractor proposes to implement traffic control different than the plan provided, he shall submit a Traffic Control Plan in confo uiance with Texas MUTCD for approval of the Engineer. C For both the Traffic Control Plan and Flaggers' use, submit Schedules of Values within 30 days following the Notice to Proceed. D Each week submit a daily log for Flaggers listing name, badge number, time start, time finish, and hours worked. 03/2008 01555 1 of 4 CITY OFPEARLAND TRAFFIC CONTROL AND REGULATION 1.04 FLAGGERS A Unless otherwise specified, use only Flaggers who are off -duty, regularly employed, uniformed Peace Officers. B Flaggers are required at the following locations: 1. Where multi -lane vehicular traffic must be diverted into single -lane vehicular traffic. 2. Where vehicular traffic must change lanes abruptly. 3. Where construction equipment either enters or crosses vehicular traffic lanes and walks. 4. Where construction equipment may intermittently encroach on vehicular traffic lanes and unprotected walks and cross walks. 5. Where construction activities might affect public safety and convenience. 6. Where traffic regulation is needed due to rerouting of vehicular traffic around the work site. 7. When requested by Owner. C The use of 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. 2.0 PRODUCTS 2.01 SIGNS, SIGNALS, AND DEVICES A Comply with Texas MUTCD regulations. B Traffic Cones and Drums, Flares and Lights: As approved by agencies having jurisdiction. 3.0 EXECUTION 3.01 PUBLIC ROADS 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. A Abide by laws and regulations of governing authorities when using public roads. If the Contractor's work requires that public roads be temporarily impeded or closed, approvals shall be obtained from governing authorities and permits paid for before starting any work. Coordinate activities with the Engineer. B Contractor shall maintain at all times a 10- foot -wide all weather lane adjacent to work areas which shall be kept free of construction equipment and debris and shall be for the use of emergency vehicles, or as otherwise provided in the Traffic Control Plan. 03/2008 01555 2 of 4 CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION C Contractor shall not obstruct the normal flow of traffic from 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on designated major arterials or as directed by the Engineer. D Contractor shall maintain local driveway access to residential and commercial properties adjacent to work areas at all times. E Cleanliness of Surrounding Streets: 1. Keep streets used for entering or leaving the job area free of excavated material, debris, and any foreign material resulting from construction operations. Leave the area broom -clean or its equivalent at the end of the work day. F Control vehicular parking to prevent interference with public traffic and parking, and access by emergency vehicles. G Monitor parking of construction personnel's vehicles in existing facilities. Maintain vehicular access to and through parking areas. H Prevent parking on or adjacent to access roads or in non designated areas. 3.02 FLARES AND LIGHTS A Provide flares and lights during hours of low visibility to delineate traffic lanes and to guide traffic. 3.03 HAUL ROUTES A Utilize haul routes designated by Owner or shown on the Plans for construction traffic. B Confine construction traffic to designated haul routes. C Provide traffic control at critical areas of haul routes to regulate traffic and minimize interference with public traffic. Contractor shall be responsible for any damage caused by vehicles utilizing haul routes. 3.04 TRAFFIC SIGNS AND SIGNALS A Install traffic control devices at approaches to the site and on site, at crossroads, detours, parking areas, and elsewhere as needed to direct construction and affected public traffic. B Relocate traffic signs and control devices as Worlc progresses to maintain effective traffic control. 3.05 BRIDGING TRENCHES AND EXCAVATIONS A Whenever necessary, bridge trenches and excavation to perrnit an unobstructed flow of traffic. 03/2008 01555 3 of 4 CITY OF PEARLAND TRAFFIC CONTROL AND REGULATION B Secure bridging against displacement by using adjustable cleats, angles, bolts or other devices whenever bridge is installed: 1. On an existing bus route; 2. When more than five percent of daily traffic is comprised of commercial or truck traffic; 3. When more than two separate plates are used for the bridge; or 4. When bridge is to be used for more than five consecutive days. C Install bridging to operate with minimum noise. D Adequately shore the trench or excavation to support bridge and traffic. E Extend steel plates used for bridging a minimum of one foot beyond edges of trench or excavation. Use temporary paving materials (premix) to feather edges of plates to minimize wheel impact on secured bridging. F Use steel plates of sufficient thickness to support H -20 loading, truck or lane, that produces maximum stress. 3.06 CLEAN -UP AND RESTORATION A Perform clean -up and restoration in and around construction zone in accordance with Section 01140 Contractor's Use of Premises. B Remove equipment and devices when no longer required. C Repair damage caused by installation. D Remove post settings to a depth of 2 feet. END OF SECTION 03/2008 01555 4 of 4 CITY OF PEARLAND WASTE MATERIAL DISPOSAL Section 01562 WASTE MATERIAL DISPOSAL LO GENERAL 1.01 SECTION INCLUDES A Disposal of waste material and salvageable material. B References to Technical Specifications: 1. Section 01350 Submittals 2. Section 01566 Source Controls for Erosion Sedimentation 3. Section 01600 Materials Equipment 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 Submittals. B Obtain and submit applicable permits for proposed disposal sites. C Submit a Waste Material Disposal Plan. D Submit a copy of written pennission from property owners, along with a description of the property, prior to disposal of excess material adjacent to the Project Site. Submit a written and signed release from property owner upon completion of disposal work. City of Pearland requires individual fill placement permits for all fill placed within the City limits. 1.04 WASTE MATERIAL DISPOSAL PLAN A Contractor shall fonnulate and implement a plan for the collection and disposal of waste materials on the Project Site which includes the following infonnation: 1. Schedule for collection and inspection. 2. Location of trash and waste receptacles. 3. Provisions for liquid waste and potential water pollutants material. B The plan shall comply with applicable federal, state, and local health and safety regulations and Section 01566 Source Controls for Erosion Sedimentation. 2M PRODUCTS NotUsed 01/2009 01562 1 of 3 CITY OF PEARLAND WASTE MATERIAL DISPOSAL 3.0 EXECUTION 3.01 SALVAGEABLE MATERIAL A Excavated material: When indicated on Plans, load, haul, and deposit excavated material at a location or locations outside the limits of Project Site. B Base, surface, and bedding material: Deliver gravel, asphaltic, or other base and surfacing material designated for salvage to the location designated by the Engineer. C Pipe culvert: Deliver culverts designated for salvage to Owner's storage area. D Other salvageable materials: Conform to requirements of individual Technical Specifications. E Coordinate delivery of salvageable material with Engineer. F When temporary, on -site storage of salvaged materials is required, comply with applicable provisions of Section 01600 Materials Equipment. 3.02 SEDIMENT DISPOSAL A Remove sediment deposits and dispose of them at the designated spoil site for the Project. If a spoil site is not designated on the Plans, dispose of sediment off site at a location not in or adjacent to a stream or floodplain. B Off -site disposal is the responsibility of the Contractor. C Sediment to be placed at the Project Site should be spread evenly throughout the designated area, compacted and stabilized. Sediment shall not be allowed to flush into a stream or drainage way. D If sediment has been contaminated, it shall be disposed of in accordance with existing federal, state, and local rules and regulations. 3.03 EXCESS MATERIAL, WASTE, AND EQUIPMENT A Vegetation, rubble, broken concrete, debris, asphaltic concrete pavement, excess soil, and other materials not designated for salvage, shall become the property of Contractor and shall be removed from the Project Site and legally disposed of. B Dispose of removed equipment, materials, waste and debris in a manner conforming to applicable laws and regulations C Excess soil may be deposited on private property adjacent to the Project Site when written permission is obtained from property owner under the provisions of this Section, 3.03D. 01/2009 01562 2 of 3 CITY OFPEARLAND WASTE MATERIAL DISPOSAL D Verify the flood plain status of any proposed disposal site. Do not dispose of excavated materials in an area designated as within the 100 -year Flood Hazard Area. E Waste materials shall be removed from the site on a daily basis, such that the site is maintained in a neat and orderly condition. F No materials shall be disposed in a manner to damage the Owner in any way. END OF SECTION 01/2009 01562 -3 of3 CITY OF PEARLAND TREE AND PLANT PROTECTION Section 01563 TREE AND PLANT PROTECTION 1.0 GENERAL 1.01 SECTION INCLUDES A Tree and plant protection. B References to Technical Specifications: None 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 PROJECT CONDITIONS A Preserve and protect existing trees and plants to remain from foliage, branch, trunk, or root darnage 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. 4. Root poisoning from spilled solvents, gasoline, paint, and other noxious materials. 5. Branch damage due to improper pruning or trimming. 6. Damage from lack of water due to: Cutting or altering natural water migration patterns near root zones. Failure to provide adequate watering. 7. Damage from alteration of soil pH factor caused by depositing lime, concrete, plaster, or other base materials near roots. 8. Cutting feeder of roots or roots larger than 1 -1/2 inches in diameter. C. Confine Work activities to the identified Work Zone, Right of Way or Easement as described in SECTION 01140, CONTRACTOR'S USE OF PREMISES, Limits of Construction 1.04 DAMAGE ASSESSMENT A When trees, other than those designated for removal, are destroyed or badly damaged as a result of construction operations, remove and replace with same size, species, and variety up to and including 8 inches in think diameter. Trees larger than 8 inches in diameter shall be replaced with an 8 -inch diameter tree of the same species and variety and total contract amount will be reduced by an amount determined from the following 01/2008 01563 1 of4 CITY OF PEARLAND TREE AND PLANT PROTECTION International Shade Tree Conference formula: 0.7854 x D x $10.00 where D is diameter in inches of tree or shrub trunk measured 12 inches above grade. B All necessary tree replacements shall be as approved by Engineer /Urban Forester. 2.0 PRODUCTS 2.01 MATERIALS A Asphalt paint: 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. 3.0 EXECUTION 3.01 PROTECTION AND MAINTENANCE OF EXISTING TREES AND SHRUBS A Except for trees and shrubs shown on Plans to be removed, all trees and shrubs within the Project Site area are to remain and be protected from damage. B For designated trees to be removed, perform the following: 1. Stake right -of -way limits and identify any tree of diameter greater than 4 inches which is to be removed. Mark trees prior to felling with an X in orange paint, clearly visible, on the trunk, and at eye level. 2. After marking trees give a minimum of 48 -hours notice in writing to the Engineer of intent to begin felling operations. 3. Trees whose trunks are only partially in the right -of -way shall be protected and preserved as described below. C For trees or shrubs to remain, perform the following: 1. Trim trees and shrubs only as necessary. Trees and shrubs requiring pruning for construction should also be pruned for balance as well as to maintain proper fowl and branching habit. 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. 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. Temporarily cover exposed roots with wet burlap to prevent roots from drying out. Cover exposed roots with soil as soon as possible. 3. Prevent damage or compaction of root zone (area inside dripline) by construction activities. 01/2008 01563 2 of 4 CITY OF PEARLAND TREE AND PLANT PROTECTION Do not allow scarring of trunks or limbs by equipment or other means. Do not store construction materials, vehicles, or excavated material inside dripline of trees. Do not pour liquid materials inside dripline. 4. Water and fertilize trees and shrubs that will remain to maintain their health during construction period. Supplemental watering of landscaping during construction should be done once a week in months receiving average rainfall and twice a week in months receiving below average rainfall. This watering shall consist of saturating soils at least 6 to 8 inches beneath surface. 5. Water areas currently being served by private sprinkler 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 PROTECTIVE CONTROLS 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. For trees or shrubs in paved areas, use moveable posts constructed from concrete filled steel pipe 2 -1/2 inches minimum in diameter mounted in rubber auto tires filled with concrete. 4. Mount steel hog -wire on posts. B Timber -wrap protection for trees in close proximity of moving or mechanical equipment and construction work: 1. Wrap trunk with layer of burlap. 2. Install 2 x 4's or 2 x 6's (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 newly planted trees adequately to maintain and support healthy plants. B The Contractor guarantees that trees planted for this Work shall remain alive and healthy at least until the end of a one -year warranty period. 1. Within four weeks of notice from Owner, Contractor shall replace, at his expense, any dead trees or any trees that in the opinion of Owner, have become unhealthy or unsightly or have lost their natural shape as a result of additional growth, improper pruning or maintenance, or weather conditions. 01/2008 01563 3 of 4 CITY OF PEARLAND TREE AND PLANT PROTECTION 2. When tree must be replaced, the guarantee period for that tree shall begin on date of replacement of tree, subject to the Owner's inspection, for no less than one year. 3. Straighten leaning trees and bear entire cost. 4. Dispose of trees rejected at any time by Engineer at Contractor's expense. END OF SECTION 01/2008 01563 4 of 4 CITYOFPEARLAND TPDES REQUIREMENTS Section 01565 TPDES REQUIREMENTS LO GENERAL 1.01 SECTION INCLUDES A Description of the required documentation to be prepared and signed by the Contractor before conducting construction operations, in accordance with the terms and conditions of the Texas Pollutant Discharge Elimination System (TPDES) General Permit as issued March 5, 2003 by the Texas Commission on Environmental Quality under the provisions of Section 402 of the Clean Water Act and Section 26.040 of the Texas Water Code. B Contractor's responsibility for implementation, maintenance, and inspection of storm water pollution prevention control measures including, but not limited to, erosion and sediment controls, storm water management plans, waste collection and disposal, off site vehicle tracking, and other practices shown on the Plans or specified elsewhere in this or other Technical Specifications. C References to Technical Specifications: 1. Section 01350 Submittals 2. Section 01310 Coordination Meetings 3. Section 01770 Contract Closeout D Referenced Standards: 1. Texas Commission on Environmental Quality (TCEQ) E Other References: 1. Storm Water Pollution Prevention Plan (SWPPP) found in Appendix A of these Technical Specifications. 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 Submittals. 2.0 PRODUCTS NotUsed 01/2008 01565 1 of 3 CITY OF PEARLAND TPDES REQUIREMENTS 3M EXECUTION 3.01 REQUIRED NOTICES A The Contractor shall complete, sign, and date the Contractor's Notice of Intent (NOI) attached in Appendix A. The signed copy of the Contractor's NOI shall be returned to the Owner. The Owner will complete the Owner's Notice of Intent attached in Appendix A and will submit both notices to the TCEQ. Submission of the NOI is required by both the Owner and the Contractor before constriction operations start. B Upon completion of construction and acceptance of the Work by the Owner, the Contractor shall complete, sign, and date the Contractor's Notice of Termination (NOT) attached in Appendix A. 3.02 CERTIFICATION REQUIREMENTS A On the Operator's Information form attached in Appendix A, the Contractor shall complete name, address, and telephone number for the Contractor; the names of persons or firms responsible for maintenance and inspection of erosion and sediment control measures and all Subcontractors. B The Owner will complete and sign the Owner's Certification, shown in Appendix A and provide a copy to the Contractor for inclusion with other project certification forms. C The Contractor and Subcontractors named in the Contractor's Information form shall read, sign, and date the Contractor's /Subcontractor's Certification form, attached in Appendix A. D The persons or firms responsible for maintenance and inspection of erosion and sediment control measures shall read, sign, and date the Contractor's Inspection and Maintenance Certification form, attached in Appendix A. E The Contractor's Information fonn and all certification forms shall be submitted to the Owner before beginning construction. F Contractor shall review implementation of the SWPPP in a meeting with the Owner and Engineer prior to start of construction in accordance with Section 01310 Coordination Meetings. 3.03 RETENTION OF RECORDS A The Contractor shall keep a copy of the SWPPP at the Project Site or at the Contractor's office from the date that it became effective to the date the Work is accepted by the Owner. B At Contract Closeout, the Contractor shall submit to the Owner all TPDES fonns and certifications, as well as a copy of the SWPPP, in accordance with Section 01770 01/2008 01565 2 of 3 CITY OFPEARLAND TPDES REQUIREMENTS Contract Closeout. The SWPPP records and data will be retained by Owner for a period of 3 years from the date the Work is accepted by the Owner. 3.04 POSTING OF NOTICES A The following notices shall be posted from the date that this SWPPP goes into effect until the date the Work is accepted by the Owner: 1. Copies of the Notices of Intent submitted by the Owner and Contractor and a brief Description of Construction Activity being conducted at the Project Site, as given in Article 1 of the SWPPP, shall be posted at the Project Site or at Contractor's office in a prominent place for public viewing. 2. Notice to drivers of equipment and vehicles, instructing them to stop, check, and clean tires of debris and mud before driving onto traffic lanes. Post such notices at every stabilized construction exit area. 3. In an easily visible location on Project Site, post a notice of waste disposal procedures. 4. Notice of hazardous material handling and emergency procedures shall be posted with the NOI on Project Site. Keep copies of Material Safety Data Sheets at a location on Project Site that is known to all personnel. 5. Keep a copy of each signed certification at the Project Site or at Contractor's office. END OF SECTION 01/2008 01565 -3 of 3 CITY OF PEARLAND SOURCE CONTROLS FOR EROSION AND SEDIMENTATION Section 01566 SOURCE CONTROLS FOR EROSION AND SEDIMENTATION 1.0 GENERAL 1.01 SECTION INCLUDES A Descriptions of measures and practices, in response to TPDES General Permit TXR 150000, which shall be used on the Worlc to eliminate or significantly minimize pollutants in discharges into Surface Water in the State by controlling erosion and sediments at their source. B References to Technical Specifications: 1, Section 01550 Stabilized Construction Exit 2. Section 01562 Waste Material Disposal 3, Section 01500 Temporary Facilities and Controls C Definitions: 1. Potential Water Pollutant any substance that could potentially alter the physical, thermal, chemical, or biological quality of the Surface Water in the State, rendering the water harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or to public health, safety or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose. 1.02 MEAUSREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work perforrned under this Section. Include cost in Bid Items for which this Work is a component. 2.0 PRODUCTS -Not Used 3.0 EXECUTION 3.01 PREPARATION AND INSTALLATION A Contractor shall conduct all construction operations under this Contract in conformance with the erosion control practices described in the Plans and this Technical Specification. B Erosion and sediment control measures shall be in place prior to the start of any Work that exposes the soil, other than as specifically directed by the Engineer to allow soil testing and surveying. C The Contractor shall install, maintain, and inspect erosion and sediment control measures and practices that operate effectively and as specified in the Plans and in this or other Technical Specifications. 07/2006 01566 1 of 5 CITY OF PEARLAND SOURCE CONTROLS FOR EROSION AND SEDIMENTATION D Equipment and vehicles shall be prohibited by the Contractor from maneuvering on areas outside of the limits of construction or dedicated rights -of -way and easements. Damage caused by construction traffic to erosion and sediment control systems shall be repaired immediately by the Contractor. E The Contractor shall be responsible for collecting, storing, hauling, and disposing of spoil, silt, waste materials, and contaminated material resulting from erosion and sediment control measures as specified in this or other Technical Specifications and in compliance with applicable federal, state, and local rules and regulations. 3.02 EXPOSED SOIL A When soil is exposed as a result of clearing, grading, excavating, stockpiling, or other soil disturbing activities, the Contractor shall implement measures to effectively control erosion and prevent the escape of sediments from the Project Site. B Control measures may include the following practices: 1. Preserve existing vegetation to the extent possible. 2. Construct drainage swales, beaus, or sediment basins. 3. Maintain grades to minimize the velocity of sheet flow over disturbed areas and promote evaporation and infiltration of stonn water directly into the ground. 4. Install filter fabric fences or barriers, sediment traps, seepage basins, gabions, or storm drain inlet protection devices. 5. Utilize vegetative buffer strips, mulching, or riprap C When the placement of topsoil, bank sand, or other soil material is specified, after an area has been brought to grade and immediately prior to placement, loosen the subgrade discing or by scarifying to a depth of at least 2 inches to permit bonding to the subsoil. D When all soil disturbing activities have been completed, establish a perennial vegetative cover on all areas that are not paved, covered by permanent structures, or otherwise permanently stabilized. 3.03 DUST CONTROL A Implement control measures to minimize dust creation and movement on construction sites and roads and to prevent airborne sediment from reaching receiving streams or storm water conveyance systems, to reduce on -site and off -site damage, to prevent health hazards, and to improve traffic safety. B Control blowing dust by using one or more of the following measures: 1. Mulches bound with chemical binders, 2. Temporary vegetative cover. 3. Tillage to roughen surface and bring clods to the surface. 4. Irrigation by water sprinkling. 07/2006 01566 2 of 5 CITY OF PEARLAND SOURCE CONTROLS FOR EROSION AND SEDIMENTATION 5. Barriers using solid board fences, burlap fences, crate walls, bales of hay, or similar materials. C Implement dust control measures immediately whenever dust can be observed blowing on the Project Site. 3.04 DEMOLITION AREAS A Demolition activities which create large amounts of dust with significant concentrations of heavy metals or other potential water pollutants shall use methods described in this Section, 3.03 "Dust Control to limit transport of airborne pollutants. However, water or slurry used to control dust contaminated with heavy metals or potential water pollutants shall be retained on the Project Site and shall not be allowed to run directly into watercourses or stonn water conveyance systems by the appropriate use of control measures described in this Section. Methods of ultimate disposal of these materials shall be carried out in accordance with applicable local, state, and federal health and safety regulations. 3.05 SEDIMENT TRACKING A Minimize off -site tracking of sediments and the generation of dust by construction vehicles, keeping the streets clean or construction debris and mud, by implementing one or more of the following control measures: 1. Restrict all ingress and egress to stabilized construction exits. 2. Stabilize areas used for staging, parking, storage or disposal. 3. Stabilize on -site vehicle transportation routes. 4. Remove mud and other debris, washing if necessary, from vehicles prior to entrance onto public roadways from the Project Site. 5. Maintain grade to minimize the occurrence of mud on the Project Site. B Construct stabilized construction areas under the provisions of Section 01550 Stabilized Construction Exists. C In addition to Stabilized Construction Exits shovel or sweep the pavement to the extent necessary to keep the street clean. Water hosing or sweeping of debris and mud off of the street into adjacent areas is not allowed. 3.06 EQUIPMENT MAINTENANCE AND REPAIR A Control equipment maintenance and repair so that oils, gasoline, grease, solvents, and other potential water pollutants cannot be washed directly into receiving streams or stonn water conveyance systems. B Control measures may include the following practices: 1. Confine maintenance and repair of construction machinery and equipment to areas specifically designated for that purpose. 2. Provide these areas with adequate waste disposal receptacles for liquid as well as solid waste. 07/2006 01566 3 of 5 CITY OF PEARLAND SOURCE CONTROLS FOR EROSION AND SEDIMENTATION 3. Clean and inspect maintenance and repair areas daily. 4. Stabilize the area with coarse aggregate. 5. Maintain grade to prevent surface water from flowing over the area. 6. Place plastic matting, packed clay, tar paper, or other impervious material to prevent contamination of soil in the area. 7. Isolate areas of contaminated soil or other materials to facilitate proper removal and disposal. C Where effective control measures are not feasible, equipment shall be taken off -site for maintenance and repair. 3.07 WASTE COLLECTION AND DISPOSAL A Conduct operations in conformance with the plan provided in Section 01562 Waste Material Disposal and utilize such control measures, described in this Section, as may be necessary to eliminate or significantly reduce the discharge of possible water pollutants from the Project Site as a result of waste collection and disposal. B Keep receptacles and waste collection areas neat and orderly to the extent possible. Waste shall not be allowed to overflow its container or accumulate from day -to -day. Locate trash collection points where they will least likely be affected by concentrated storm water runoff. 3.08 WASHING AREAS A Vehicles such as concrete delivery trucks or dump trucks and other construction equipment shall not be washed at locations where the runoff will flow directly into a watercourse or storm water conveyance system. Preventative measures may include the following practices: 1. Designate special areas for washing vehicles. 2. Locate these areas where the wash water will spread out and evaporate or infiltrate directly into the ground, or where the runoff can be collected in a temporary holding or seepage basin. 3. Beneath wash areas construct a gravel or rock base to minimize mud production. B Construct washing areas under the provisions of Section 01550 Stabilized Construction Exists. 3.09 STORAGE AND USAGE OF POTENTIAL WATER POLLUTANTS A Store and use potential water pollutants such as pesticides, fertilizers, distillate fuels, lubricants, solvents, cements, paints, acids, caustics, and other toxic substances in accordance with manufacturers' guidelines, Material Safety Data Sheets, and with local, state, and federal regulations. 07/2006 01566 4 of 5 CITY OF PEARLAND SOURCE CONTROLS FOR EROSION AND SEDIMENTATION B Isolate these substances in areas where they are to be stored, opened or used such that they will not cause pollution of nmoff from the Project Site. Preventative measures may include the following practices: 1 Stabilize the area with coarse aggregate. 2. Store containers on raised platforms. 3. Place plastic matting, packed clay, tar paper, or other impervious material to prevent contamination of soil in the area. 4. Provide protective cover or weather proof enclosure. 5. Minimize accidental spillage. 6. Keep containers tightly closed. 7. Periodically inspect containers for leakage. 8. Maintain grade to prevent surface water from flowing over the area. 9. Provide berms, filter fabric fences or barriers, or sediment basins. 10. Designate washing areas for containers and other items that have come in contact with potential water pollutants. C Avoid overuse of substances such as pesticides and fertilizers which could produce contaminated runoff. 3.10 SANITARY FACILITIES A Provide the Project Site with adequate portable toilets for workers in accordance with Section 01500 Temporary Facilities and Controls, and applicable health regulations. B Control areas where sanitary facilities are located so that sewage or chemicals will not be washed directly into receiving streams or stone water conveyance systems by using one or more of the following measures. 1. Inspect the facilities daily. 2. Service the facilities as often as necessary to maintain cleanliness and prevent overflows. 3. Stabilize the area with coarse aggregate 4 Maintain grade to prevent surface water from flowing over the area END OF SECTION 07/2006 01566 5 of 5 CITY OF PEARLAND MATERIAL AND EQUIPMENT Section 01600 MATERIAL AND EQUIPMENT 1.0 GENERAL 1.01 SECTION INCLUDES A Requirements for transportation, delivery, handling, and storage of materials and equipment. B References to Technical Specifications: 1. Section 01566 Source Controls for Erosion Sedimentation 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this work is a component. 1.03 PRODUCTS A Products: Means material, equipment, or systems forming the Work. Does not include machinery and equipment used for preparation, fabrication, conveying and erection of the Work. Products may also include existing materials or components designated for reuse. B Do not reuse materials and equipment, designated to be removed, except as specified by the Contract Documents. C Provide equipment and components from the fewest number of manufacturers as is practical, in order to simplify spare parts inventory and to allow for maximum interchangeability of components. For multiple components of the same size, type or application, use the same make and model of component throughout the Work. 1.04 TRANSPORTATION A Make arrangements for transportation, delivery, and handling of equipment and materials required for timely completion of the Work. B Transport and handle products in accordance with instructions. C Consign and address shipping documents to the proper party giving name of Project, street number, and City. Shipments shall be delivered to the Contractor. 1.05 DELIVERY A Arrange deliveries of products to accommodate the Construction Schedule and in ample time to facilitate inspection prior to installation. Avoid deliveries that cause lengthy storage or overburden of limited storage space. 07/2006 01600 1 of 3 CITY OF PEARLAND MATERIAL AND EQUIPMENT B Coordinate deliveries to avoid conflict with Work and conditions at the Project Site and to accommodate the following: 1. Work of other contractors or the Owner. 2. Limitations of storage space. 3. Availability of equipment and personnel for handling products. 4. Owner's use of premises. C Have products delivered to the Project Site in manufacturer's original, unopened, labeled containers. D Immediately upon delivery, inspect shipment to assure: L Product complies with requirements of Contract Documents. 2. Quantities are correct. 3. Containers and packages are intact; labels are legible. 4. Products are properly protected and undamaged. 1.06 PRODUCT HANDLING A Coordinate the off loading of materials and equipment delivered to the Project Site. If necessary to move stored materials and equipment during construction, Contractor shall relocate materials and equipment at no additional cost to the Owner. B Provide equipment and personnel necessary to handle products, including those provided by the Owner; by methods to prevent damage to products or packaging. C Provide additional protection during handling as necessary to prevent breaking scraping, man or otherwise damaging products or surrounding areas. D Handle products by methods to prevent over bending or overstressing. E Lift heavy components only at designated lifting points. F Handle materials and equipment in accordance with Manufacturer's recommendations. G Do not drop, roll, or skid products off delivery vehicles. Hand carry or use suitable materials handling equipment. 1.07 STORAGE OF MATERIAL. A Store and protect materials in accordance with manufacturer's recommendations and requirements of these Technical Specifications. Control storage of potential water pollutants in conformance with Section 01566 Source Controls for Erosion Sedimentation. B Make necessary provisions for safe storage of materials and equipment. Place loose soil materials, and materials to be incorporated into the Work to prevent damage to any part of the Work or existing facilities and to maintain free access at all times to all parts of the Work and to utility service company installations in the vicinity of the Work. 07/2006 01600 2 of 3 CITY OF PEARLAND MATERIAL AND EQUIPMENT C Keep materials and equipment neatly and compactly stored in locations that will cause a minimum of inconvenience to other contractors, public travel, adjoining owners, tenants, and occupants. Arrange storage in a manner to provide easy access for inspection. D Provide adequately ventilated, watertight storage facilities with floor above ground level for materials and equipment susceptible to weather damage. E Restrict storage to areas available on the constniction site for storage of material and equipment as shown on Plans or approved by the Project Manager. F Provide off -site storage and protection when on -site storage is not adequate. G Do not use lawns, grass plots, or other private property for storage purposes without written peiniission of the owner or other person in possession or control of such premises. Damage to lawns, sidewalks, streets or other improvements shall be repaired or replaced to the satisfaction of the Project Manager. H Protect stored materials and equipment against loss or damage. I Store materials in manufacturers' unopened containers. J Materials delivered and stored along the line of the Work shall be not closer than 3 feet to any fire hydrant. Public and private drives and street crossings shall be kept open. K The total length which materials may be distributed along the route of construction at any one time is 1000 lineal feet, unless otherwise approved in writing by the Project Manager. 2.0 PRODUCTS NotUsed 3.0 EXECUTION NotUsed END OF SECTION 07/2006 01600 3 of 3 CITY OF PEARLAND 1.0 GENERAL 1.01 SECTION INCLUDES PRODUCT OPTIONS AND SUBSTITUTIONS Section 01630 PRODUCT OPTIONS AND SUBSTITUTIONS A Options for making product or process selections. B Procedures for proposing equivalent construction products or processes, including pre approved, and approved products or processes C References to Technical Specifications: 1. Section 01350 Submittals 1.02 SUBMITTALS A Make Submittals required by this and related Sections under the provisions of Section 01350 Submittals. 1.03 DEFINITIONS A Product: Means, materials, equipment, or systems incorporated into the Work. Product does not include machinery and equipment used for production, fabrication, conveying, and erection of the Work. Products may also include existing materials or components designated for re -use. B Process: Any proprietary system or method for installing system components resulting in an integral, functioning part of the Work. For this Section, the word Product includes Processes. 1.04 SELECTION OPTIONS A Pre approved Products: Products of certain manufacturers or suppliers are designated in the Technical Specifications as "pre- approved Products of other manufacturers or suppliers will not be acceptable under this Contract and will not be considered under the submittal process for approving alternate products. B Approved Products: Products of certain manufacturers or suppliers designated in the Technical Specifications followed by the words "or approved equal Approval of alternate products not listed in the Technical Specifications may be obtained through provisions of this Section and Section 01350 Submittals. The procedure for approval of alternate products is not applicable to Pre approved Products. C Product Compatibility: To the maximum extent possible, provide products that are of the same type or function from a single manufacturer, make, or source. Where more than one choice is available as a Contractor's option, select a product which is compatible with other products already selected, specified, or in use by the Owner. 07/2006 01630 1 of 3 CITYOFPEARLAND PRODUCT OPTIONS AND SUBSTITUTIONS 1.05 CONTRACTOR'S RESPONSIBILITY A Furnish information the Engineer deems necessary to judge equivalency of the alternate product. B Pay for laboratory testing as well as any other review or examination cost needed to establish the equivalency between products which enables the Engineer to make such a judgment. C If the Engineer determines that an alternate product is not equivalent to that named in the Technical Specifications, the Contractor shall furnish one of the specified products. 1.06 ENGINEER'S REVIEW A Alternate products may be used only if approved in writing by the Engineer. The Engineer's determination regarding acceptance of a proposed alternate product is final. 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 deemed advantageous to the Owner, and similarly, to reject any product deemed not beneficial to the Owner. 1.07 SUBSTITUTION PROCEDURE A Collect and assemble technical information applicable to the proposed product to aid in determining equivalency as related to the Approved Product specified. B Submit a written request for a product to be considered as an alternate product along with the product information within fourteen (14) days after the Effective Date of the Agreement. C 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 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. 07/2006 01630 2 of 3 CITY OFPEARLAND PRODUCT OPTIONS AND SUBSTITUTIONS 3. For construction methods: a. Detailed description of proposed method. b. Shop Drawings illustrating methods. 4. Itemized comparison of proposed substitution with product or method specified. 5. Data relating to changes in Construction Schedule 6. Relationship to separate contracts, if any. 7. Accurate cost data on proposed substitution in comparison with product or method specified. 8. Other information requested by the Engineer. E Approved alternate products will be subject to the same review process as the specified product would have been for Shop Drawings, Product Data, and Samples. 2.0 PRODUCTS -Not Used 3.0 EXECUTION NotUsed END OF SECTION 07/2006 01630 3 of 3 CITYOFPEARLAND FIELD SURVEYING Section 01720 FIELD SURVEYING 1.0 GENERAL 1.01 SECTION INCLUDES A Requirements for surveyors and surveys. B Procedures pertaining to survey control points and reference points. C References to Technical Specifications: 1. Section 01350 Submittals 2. Section 01760 Project Record Documents 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 QUALITY CONTROL A Conform to State of Texas laws for surveys requiring licensed surveyors. Employ a land surveyor acceptable to Engineer. 1.04 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 Submittals. B Submit to Engineer the name, address, and telephone number of Surveyor before starting survey work. C Submit documentation verifying accuracy of survey work on request. 1.05 PROJECT RECORD DOCUMENTS A Maintain a complete and accurate log of control and survey work as it progresses. B Submit Record Documents under provisions of Section 01760 Project Record Documents. 1.06 EXAMINATION A Verify locations of survey control points prior to starting Work. B Notify Engineer immediately of any discrepancies discovered. 07/2006 01720 1 of 2 CITY OF PEARLAND FIELD SURVEYING 1.07 SURVEY REFERENCE POINTS A Control datum for survey is that established by Owner provided survey and indicated on Plans. B Locate and protect survey control points, including property corners, prior to starting site work. Use caution to preserve permanent reference points during construction. C The Contractor shall not reset; nor cause to be reset, lost, disturbed, or damaged; control points. Promptly notify Engineer of disturbance or damage to any control point(s). D Notify Engineer 48 hours in advance of need for relocation of reference points due to changes in grades or other reasons. E Report promptly to Engineer the loss or destruction of any reference point. F Any re-staking of control points lost, disturbed, or damaged by Contractor's operations will be provided by Owner at Contractor's expense. G Employ a Registered Public Land Surveyor to reset any missing, disturbed, or damaged monumentation. 1.08 SURVEY REQUIREMENTS A Utilize recognized engineering survey practices. B Establish a minimum of two permanent bench marks on Project Site, referenced to established control points. Record locations, with horizontal and vertical data, on Project Record Documents. C Establish and record in survey notes elevations, lines and levels to provide quantities required for Measurement and Payment and to provide appropriate controls for the Work. Locate and lay out by instrumentation and similar appropriate means: 1. Site improvements including pavements; stakes for grading; fill and topsoil placement; utility locations, slopes, and invert elevations. 2. Grid or axis for structures. 3. Mounumented Baseline. D Verify periodically layouts by same means. 2.0 PRODUCTS -Not Used 3.0 EXECUTION NotUsed END OF SECTION 07/2006 01720 2 of 2 CITY OF PEARLAND FIELD SURVEYING Section 01720 FIELD SURVEYING 1.0 GENERAL 1.01 SECTION INCLUDES A Requirements for surveyors and surveys. B Procedures pertaining to survey control points and reference points. C References to Technical Specifications: 1. Section 01350 Submittals 2. Section 01760 Project Record Documents 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 QUALITY CONTROL A Conform to State of Texas laws for surveys requiring licensed surveyors. Employ a land surveyor acceptable to Engineer. 1.04 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 Submittals. B Submit to Engineer the name, address, and telephone number of Surveyor before starting survey work C Submit documentation verifying accuracy of survey work on request. 1.05 PROJECT RECORD DOCUMENTS A Maintain a complete and accurate log of control and survey work as it progresses. B Submit Record Documents under provisions of Section 01760 Project Record Docuuments. 1.06 EXAMINATION A Verify locations of survey control points prior to starting Worlc. B Notify Engineer immediately of any discrepancies discovered. 07/2006 01720 1 of 2 CITY OF PEARLAND FIELD SURVEYING 1.07 SURVEY REFERENCE POINTS A Control datum for survey is that established by Owner provided survey and indicated on Plans. B Locate and protect survey control points, including property corners, prior to starting site work. Use caution to preserve permanent reference points during construction. C The Contractor shall not reset; nor cause to be reset, lost, disturbed, or damaged; control points. Promptly notify Engineer of disturbance or damage to any control point(s). D Notify Engineer 48 hours in advance of need for relocation of reference points due to changes in grades or other reasons. E Report promptly to Engineer the loss or destruction of any reference point. F Any re- staking of control points lost, disturbed, or damaged by Contractor's operations will be provided by Owner at Contractor's expense. G Employ a Registered Public Land Surveyor to reset any missing, disturbed, or damaged monumentation. 1.08 SURVEY REQUIREMENTS A Utilize recognized engineering survey practices. B Establish a minimum of two penmanent bench marks on Project Site, referenced to established control points. Record locations, with horizontal and vertical data, on Project Record Documents. C Establish and record in survey notes elevations, lines and levels to provide quantities required for Measurement and Payment and to provide appropriate controls for the Work. Locate and lay out by instrumentation and similar appropriate means: 1. Site improvements including pavements; stakes for grading; fill and topsoil placement; utility locations, slopes, and invert elevations. 2. Grid or axis for structures. 3. Morununented Baseline. D Verify periodically layouts by same means. 2M PRODUCTS NotUsed 3.0 EXECUTION NotUsed END OF SECTION 07/2006 01720 2 of 2 CITY OF PEARLAND STARTING SYSTEMS Section 01750 STARTING SYSTEMS 1.0 GENERAL 1.01 SECTION INCLUDES A Starting systems. B Demonstration and instructions. C Testing, adjusting, and balancing. D References to Technical specifications: 1. Section 01350 Submittals 2. Section 01430 Contractor's Quality Control 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required by this Section under the provisions of Section 01350 Submittals. B Submit a written report that equipment or system has been properly installed and is functioning correctly. 2M PRODUCTS NotUsed 3M EXECUTION 3.01 PREPARATION A Contractor shall conduct all start-up operations under this Contract in conformance with Section 01430 Contractor's Quality Control. B Coordinate schedule for start -up of various equipment and systems. C Notify Engineer 7 days prior to startup of each item. D Verify that each piece of equipment or system has been checked for proper lubrication, drive rotation, belt tension, control sequence, or other conditions which may cause damage. E Verify that tests, meter readings, and specified electrical characteristics agree with those required by the equipment or system manufacturer. 07/2006 01750-1 of2 CITY OF PEARLAND STARTING SYSTEMS F Verify wiring and support components for equipment are complete and tested. G Execute start-up under Contractor's supervision in accordance with manufacturer's instructions. H 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. 3.02 DEMONSTRATION AND INSTRUCTIONS A Demonstrate operation and maintenance of products io Owner two weeks minimum prior to date of Substantial Completion. B Utilize operation and maintenance manuals as basis for instruction. Review contents of manual with Owner 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 Contractor shall start, test, adjust, balance, and provide reports on all installed equipment as provided for in this section. B Owner may also appoint, employ, and pay for services of an independent firm to perform testing, adjusting, and balancing. Reports will be submitted by the independent fine to the Owner indicating observations and results of the tests and indicating compliance or non compliance with specified requirements and with the requirements of the Contract Doctunents. C Owner's employment of an independent firm shall not relieve the Contractor's responsibility under this section. END OF SECTION 07/2006 01750 2 of 2 CITYOFPEARLAND PROJECT RECORD DOCUMENTS Section 01760 PROJECT RECORD DOCUMENTS 1.0 GENERAL 1.01 SECTION INCLUDES A Maintenance and Submittal of Record Documents and Samples. B References to Technical Specifications: 1. Section 01350 Submittals 2. Section 01770 Contract Closeout 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Make Submittals required by this and related Sections under the provisions of Section 01350 Submittals. 1.04 MAINTENANCE OF DOCUMENTS AND SAMPLES A Maintain one copy of Record Documents at the Project Site in accordance with Section 00700 General Conditions of Agreement, 3.02 "Keeping Plans and Specifications Accessible B Store Record Documents and Samples in field office if a field office is required by Contract Documents, or in a secure location. Provide files, racks, and secure storage for Record Documents and Samples. Maintain Record Documents in a clean, dry, and legible condition. Do not use Record Documents for construction purposes. E Keep Record Documents and Samples available for inspection by Engineer. 1.05 RECORDING Label each document "PROJECT RECORD" in neat, large, printed letters. A Record information concurrently with construction progress. Do not conceal any work until required information is recorded. B Plans, Change Orders, and Shop Drawings: Legibly mark each item to record all actual construction, or "as built" conditions, including: 1. Measured horizontal locations and elevations of underground utilities and appurtenances, referenced to permanent surface improvements. 07/2006 01760 1 of 2 CITYOFPEARLAND PROJECT RECORD DOCUMENTS 2. Elevations of underground utilities referenced to bench marks utilized for the Work. 3. Field changes of dimension and detail. 4. Changes made by modifications. 5. Details not on original Plans. 6. References to related Shop Drawings and Modifications. C Record information with a red pen or pencil on a set of drawings indicated as the Record Document Set, provided by Engineer. 2M PRODUCTS NotUsed 3.0 EXECUTION Deliver Record Documents and Samples to Owner in accordance with Section 01770 Contract Closeout. END OF SECTION 07/2006 01760 2 of 2 CITYOFPEARLAND CONTRACT CLOSEOUT Section 01770 CONTRACT CLOSEOUT 1.0 GENERAL 1.01 SECTION INCLUDES A Closeout procedures including final submittals such as operation and maintenance data, warranties, and spare parts and maintenance materials. B References to Technical Specifications: 1. Section 01350 Submittals 2. Section 01760 Project Record Documents 1.02 MEASUREMENT AND PAYMENT A Unless indicated as a Bid Item, no separate payment will be made for Work performed under this Section. Include cost in Bid Items for which this Work is a component. 1.03 SUBMITTALS A Malce Submittals required by this Section under the provisions of Section 01350 Submittals. 1.04 CLOSEOUT PROCEDURES A Comply with Section 00700 General Conditions of Agreement regarding Final Completion and Final Payment when Worlc is complete and ready for Engineer's final inspection. B Provide Record Documents under provisions of Section 01760 Project Record Documents. C Complete or correct items on punch list, with no new items added. Any new items will be addressed during warranty period. D The Owner will occupy portions of the Work as specified in Section 00700 General Conditions of Agreement. E Contractor shall request Final Inspection at least two weeks prior to Final Acceptance. 1.05 FINAL CLEANING A Execute final cleaning prior to final inspection. B Clean debris from drainage systems. C Clean Project Site; sweep paved areas, rake clean landscaped surfaces. 09/2009 01770 1 of 2 CITY OF PEARLAND CONTRACT CLOSEOUT D Remove waste and surplus materials, rubbish, and temporary construction facilities from the Project Site following the final test of utilities and completion of the Work. 1.06 OPERATION AND MAINTENANCE DATA A Submit Operations and Maintenance data under provisions of Section 01350 Submittals. 1.07 WARRANTIES A Provide one original of each warranty from Subcontractors, Suppliers, and Manufacturers. B Provide Table of Contents and assemble warranties in 3 -ring/D binder with durable plastic cover. C Submit warranties prior to Final Application for Payment. 1. Warranties shall commence in accordance with the requirements of Section 00700 General Conditions of Agreement, 1.09 "Substantially Completed 2.0 PRODUCTS NotUsed 3.0 EXECUTION Contractor shall diligently pursue completion of the items and activities contained in the Contract Close Out and Project Record Document sections of the project manual. Notwithstanding any performance of warranty work, the work of Contract Closeout shall be complete within thirty (30) days of the date of Final Completion and Acceptance of the work. END OF SECTION 09/2009 01770 2 of 2 ADAPTIVE TRAFFIC SIGNAL CITY OF PEARLAND CONTROL SYSTEM 1.0 GENERAL 1.01 SECTION INCLUDES A. This work shall consist of furnishing, configuring and placing into operation an adaptive traffic signal control system, which detects and collects vehicle data by processing video images and automatically optimizes the changing of traffic signals in response to real -time traffic demands. The system should have remote monitoring and configuring capability using IEEE 802.3 standards. The equipment shall meet the NEMA environmental, power and surge ratings according to the latest NEMA Specifications. The system shall include all equipment listed as shown on the plans and described in this special provision and shall include any incidental items necessary for the satisfactory operation of the system. This special provision shall be in addition to the standard specifications. 1.02 MEASUREMENT AND PAYMENT A. Payment shall be made in accordance with the bid items. Any work not specifically called out for payment will be considered incidental. 2.0 PRODUCTS Equipment and material shall be of new stock unless the contract provides for relocation of existing units or use of units furnished by others. New equipment and material shall be the product of reputable manufacturers, conform to requirements of CALTRANS 170 Specifications, ICEA, IMSA, ITE, MUTCD, NEMA, RETMA, NEX and regulations of the National Board of Fire Underwriters, as applicable, and meet the approval of the City. 3.0 System Components 3.1 General Section 02990 ADAPTIVE TRAFFIC SIGNAL CONTROL SYSTEM The adaptive traffic control system shall consist of color video camera(s) enclosed in secure housing; a shelf /rack mounted processing unit, software and license for system control via a web browser such as Microsoft Internet Explorer on any authorized computer, and a switch with the capability of independently networking a minimum of 4 video cameras and the processor. The video cameras shall be digital cameras and their video feeds shall be available over standard Internet Protocol (IP) connection in Motion JPEG and MPEG 4 formats using the latest IP technology. All camera views shall be obtainable simultaneously without cable 03/2011 02990 1 of 10 ADAPTIVE TRAFFIC SIGNAL CITY OF PEARLAND CONTROL SYSTEM swaps. The system shall be capable of displaying post processed video on a web browser such as Microsoft Internet Explorer. The engineer shall have the option to view one camera at a time, all cameras at an intersection, or some or all of the cameras along an arterial on a single browser window. 3.2 Detection System Data Access The video detection system shall be programmable via a web browser using the same IP network connection that delivers the video camera output and thus allowing the engineer to have complete control of the system without being physically present at the intersection. It shall provide still image and real time detection displays in color video to a remote computer using a web browser such as Microsoft Internet Explorer. The system shall collect real -time traffic data such as vehicle counts, stop delay and level of service. Real -time and historical statistical information should be available to the engineer in graphical and /or tabular form as and when required. 4.0 System Software The system shall include software that detects vehicles in multiple lanes using only the video image. The software should automatically account for changes in scene including but not limited to lighting conditions or adverse weather. The engineer would have the dual benefit of defining detection zones via a web interface accessible from any regular computer with an IP network connection or using a computer physically connected to the network (which may include a laptop computer). A minimum of 12 detection zones per camera shall be available. The detections zones should be capable of counting multiple vehicles within a single detection zone. The system software should communicate to an existing signal controller passively, allowing the signal controller to still handle emergency pre- empts. The software shall determine and display real -time queue lengths along each approach. 5.0 Processing Unit (PU) 5.1 General The PU may be rack or shelf mounted and shall be modular in design. It shall support on -site configuration using a USB keyboard and VGA monitor, or remote configuration over an IP Network. It shall support on -site backup to /restore from a USB Memory Stick for rapid replacement. The PU shall contain at least 4 USB ports to allow simultaneous connection of keyboard /mouse and storage devices. 03/2011 02990 2 of 10 ADAPTIVE TRAFFIC SIGNAL CITY OF PEARLAND CONTROL SYSTEM 5.2. Communications Communications from the PU to any computer shall be through RJ45 (8P8C) connector over a regular IP network connection at the installation location or over a network. The computer shall have the capability to download detection data as well as the real -time detection information needed to show detector actuations. The user shall also have the capability of connecting directly to the detection cameras over the IP network and display post- processed and pre processed color video in the MPEG 4 and MJPEG format. 5.3. Compatibility With NEMA Standards The PU shall be available with NEMA TS1 /TS2 detector interface. Output levels shall be compatible with the NEMA TSI and NEMA TS2 Type 2 standards. 5.4. Historical Split Information The PU shall store historical split information and shall compute and deploy optimized signal splits based on historical split information when the system goes into fog mode or emergency mode. 5.5. Free Mode Controller Operations The PU shall input optimized detector calls into a controller that is running in free mode. 5.6. Suspension of Inputs When Needed The PU shall suspend, for the necessary time, its inputs to a controller when calls of a higher priority are put in to the controller by pedestrians, preemption vehicles or the pre- determined parameters set by traffic officials. 5.7. Transmission of Information to Adjacent Intersections The PU shall automatically send all necessary information to processors at adjacent upstream and downstream intersections in order to facilitate the optimization of traffic flow along an arterial. 5.8. Optimization of Traffic Flow The PU shall optimize the flow of traffic at both intersections and arterials based on the possible states of traffic rather than required splits, cycles and offsets. 5.9. Pedestrian Calls The PU shall incorporate the optional capability to include pedestrian calls in the optimization algorithms. 03/2011 02990 3 of 10 ADAPTIVE TRAFFIC SIGNAL CITYOFPEARLAND CONTROL SYSTEM 5.10. Time Clock Synchronization The PU shall keep accurate time using a mechanism that synchronizes the clocks at least daily. 5.11. Time of Day Operation The PU shall be capable of functioning in a detector mode or adaptive mode selectable by time of day and day of week. 6.0 Vehicle Detection 6.1 Video Detection General The video detection system shall provide flexible detection zone and /or count sensor placement anywhere and at any orientation within the combined field of view of the image processors. Preferred presence detector zone configurations shall be a box or polygons across lanes of traffic placed parallel with lanes of traffic. A single detector zone shall be able to replace multiple conventional detector loops. Detection zones shall be capable of overlapping. Detection zones shall detect multiple vehicles within a single detection zone. 6.2 Detection Zones The detection zones shall be created by using a pointing device and a graphical user interface (GUI) displayed on any computer connected directly to the PU or a GUI available to any authorized remote terminal over IP network connection. It shall be possible to add, edit or remove previously defined detector configurations to fine -tune detection zone placement. 6.3 Detection System Outputs When a vehicle is detected by crossing a detection zone, there shall be a visual change on the video display, such as a change in color or intensity thereby verifying proper operation of the detection system. The system shall compute and display real -time queue information per lane. The system shall compute and store traffic volumes, stopped time delay, and Level of Service per phase and display such information on demand over an Internet Browser. 6.4 Detection System Performance Standards Overall performance of the video detection system shall be comparable to inductive loops. Using camera, optics and in the absence of occlusion, the system shall be able to detect vehicle presence with 95% accuracy under normal (day and night) conditions and with only a slight deterioration in performance under adverse (fog, snow, rain) conditions. During extremely adverse conditions or camera 03/2011 02990 4 of 10 ADAPTIVE TRAFFIC SIGNAL CITY OF PEARLAND CONTROL SYSTEM failures the system shall default to emergency mode or fog mode. The processor shall store historical split information and shall compute and deploy optimized signal splits based on historical split information when the system goes into fog mode or emergency mode. 6.5 Camera Operation The camera shall automatically function in a special mode at night and the processor shall utilize such images and conduct image processing after filtering out a high degree of reflected and ambient lighting. The PU shall change image parameters such as sharpness and contrast based on the lighting conditions. 6.6 Camera Notifications The system shall be able to automatically generate notifications to one or more email addresses when a camera has failed or the view is obstructed (e.g. fog or ice). 7.0 Video Camera and Housing 7.1 Video Camera The PU supplier shall furnish the video camera for traffic detection. The camera shall produce a usable color video image of vehicles under normal roadway lighting conditions regardless of time of day. Usable video in color shall be produced for scenes with a minimum luminance of 0.65 lux at aperture f -value 1.0. 7.2 Camera System Sensing and Video Streams The camera system shall use a CCD sensing element and shall deliver MJPEG and MPEG 4 video streams simultaneously. 7.3 Camera Lens and Control The camera shall include an electronic shutter or auto iris control based upon average scene luminance and shall be equipped with an auto iris lens. 7.4 Camera Focal Length The camera shall have a variable focal length. The maximum aperture of the lens shall not be smaller than f1.8 and the minimum aperture shall not be larger than f360. 03/2011 02990 5 of 10 ADAPTIVE TRAFFIC SIGNAL CITY OF PEARLAND CONTROL SYSTEM 8.0 Cable 7.5 Camera Environmental Parameters The camera shall be able to operate under harsh environmental conditions, including temperatures -30F -34C) to 165F (74C), heavy rain, and ice. The enclosure shall allow the camera to be adjusted in the field during installation. 7.6 Camera Enclosure The enclosure shall be equipped with a sun shield that prevents sunlight from directly entering the lens. The sun shield shall include a provision for water diversion to prevent water from flowing in the camera field of view. 7.7 Camera System Access The camera system shall be Ethernet centric. The system shall be capable of delivering MPEG -4 and MJPEG video to the switch in the cabinet. The user shall be able to access the camera directly over the network and configure the camera parameters using a standard Internet Browser. 8.1 Ethernet Cable General Any Ethernet cable run outside of the traffic cabinet shall be environmentally hardened, shielded, outdoor rated 350 MHz Category 5E cable. The cable shall be riser rated, 24 AWG solid copper, have Polyolefin insulation, UV and oil resistant PVC jacket. Pair 1 shall be Blue, White /Blue, Pair 2 shall be Orange, White /Orange, Pair 3 shall be Green, White /Green and Pair 4 shall be Brown, White /Brown. The operating temperature shall be from -40° C to +70° C. The cable shall conform to the following standards: ISO /IEC 11801 Category 5e, NEMA WC 63, and ANSI /TIA /EIA 568 -B.2 Category 5e. The cable shall be without splicing or joints for any single run. The contractor shall obtain instructions from the manufacturer about alternate architecture when length of a single run of CAT 5e cable exceeds 320 feet. 8.2 RJ -45 The RJ -45 plug connectors shall be used at both the camera and cabinet ends. The supplier of the video detection systems shall approve the Category 5 cable, RJ -45 connector and crimping tool and the manufacturer's instructions must be followed to insure proper connection. 8.3 Power Cable Power cable shall be 14 AWG three conductor cable. This cable shall comply with the requirements of IMSA Specification 19 -1. 03/2011 02990 6 of 10 ADAPTIVE TRAFFIC SIGNAL CITY OF PEARLAND CONTROL SYSTEM 9.0 Adaptive Traffic Signal Control 9.1 Adaptive Control General The adaptive traffic control module shall be contained within the PU. The PU shall communicate with neighboring PUs over an IP network. The PUs shall communicate information such as the green and red status of signal, queue lengths, and traffic volumes in real time. Based on such information received from adjacent signals and local traffic data, the PU shall optimize the phasing sequence, duration, and initiation of movements in order to optimize traffic flow on arterials as well as arterial networks. 9.2 Optimization of Green Time Allocation The adaptive traffic control shall not use common cycle lengths but use principles of robotics and artificial intelligence to optimize traffic flow. The optimization shall be real time using principles of finite state changing machine and shall not involve switching between cycle lengths. The system shall not be in transition at any time but shall respond to real -time inputs with changing of states. Guaranteed arterial progression shall be created using dynamic green bands. Non arterial traffic at each intersection shall be served adequately without interfering with the green bands. 9.3 Configuration of Signal Control The supplier's engineers shall configure the adaptive traffic signal control system for optimal operation of the arterial or arterial network. Traffic flow and anomalous traffic conditions shall be programmed into the adaptive traffic signal control system. 9.4 Configuration Via IP Network The parameters for the adaptive traffic signal control shall be capable of being configured remotely over the IP network. Parameters are adjustable via a web browser capable of running Java, such as Internet Explorer. The software shall also display traffic signal green status and up to 48 camera views. All configuration information shall be stored in easily backed -up and humanly readable XML files. 9.5 Monitoring of Arterial The system shall allow monitoring via a web browser such as Microsoft Internet Explorer on any authorized computer. Custom authorization levels must be supported, allowing users to view pre- or post processed video, traffic counts and statistics, and to remotely control the intersection. Each authorization level will allow access to one or more of these capabilities. 03/2011 02990 7 of 10, ADAPTIVE TRAFFIC SIGNAL CITY OF PEARLAND CONTROL SYSTEM It shall be possible to view a single camera, multiple cameras from a single intersection, or multiple cameras from multiple intersections. This system must be capable of displaying these views even under limited network bandwidth. It must be possible to format these views to support different size viewing screens. It shall also be possible to use the web browser to view the status of the system over a geographic map of the area. The user must be able to pan and zoom around the map display, and it must allow access to the intersection configuration, camera views, the real -time green /amber /red status of the signals, and information about the historical performance of each phase at each intersection. 9.6 Self Monitoring of Arterial The system shall be able to automatically generate notifications to one or more email addresses when it detects disruption of the communications network, failure of PUs, intersections going into flash, or other such events that would impact the operation of the arterial. 10.0 Installation The adaptive traffic control system shall be installed as recommended by the manufacturer and as documented in the installation materials provided by the supplier. A factory certified representative from the supplier shall be on -site at the beginning of installation. 11.0 Maintenance and Support 11.1 Expandability The system shall enable expansion without the redesign of any of the system components. Expansion shall require only the addition of hardware components, software replication and expanded database creation. The City shall be able to input additional field equipment (geometry and configuration) or edit existing field data without requiring assistance from vendor. 11.2 Industry Standard The Vendor shall keep the system up to the most current industry standards when a new standard is adopted or existing standards are amended. 11.3 Documentation The delivered adaptive traffic system shall be fully documented. This documentation shall consist of pertinent technical documentation and user documentation. The documentation shall include: 03/2011 02990 8 of 10 ADAPTIVE TRAFFIC SIGNAL CITY OF PEARLAND CONTROL SYSTEM System architecture and block diagram Hardware requirements Database definitions and file structures Interface specifications Specifications compliance matrix Communication protocols including field device protocol Security documentation System backup and recovery procedures System operational procedures and error handling Operational options 6 Hardcopies and one electronic copy of the adaptive traffic system manuals Online user's manual and help facility All documentation shall at minimum be submitted in 3 ring binder with hard cover. The Vendor /Contractor shall provide training for the City staff on the operation, troubleshooting, maintenance, configuration, and installation of the hardware and software supplied. Training shall be conducted between the hours of 8:30 am and 5:OOpm, Monday through Thursday. No training shall be conducted on Fridays or during the City's observed holidays. This training shall consist of both formal classroom presentations and hands -on workshops to be conducted at the City facilities following successful completion of the Operational Test. Final training manuals and materials (e.g., Powerpoint presentations) shall remain with the City following the training. Training shall include any upgrades or Service Packs during the warranty period. At a minimum these training sessions shall include the following topics: Adaptive Traffic System Training O Use of operator interface o Use of graphical map generation and animation o Database use and manipulation o Printing database o System parameter and database entry o Error messages and troubleshooting techniques o Database custom report generation o Overview of system structure and interfacing o Priority scheme setup o Configuration setup o File maintenance o Security and subscriptions o System startup and shutdown o System backup and recovery procedures 03/2011 02990 9 of 10 ADAPTIVE TRAFFIC SIGNAL CITY OF PEARLAND CONTROL SYSTEM 11.4 Recovery The system shall automatically recover from a power failure. The system software shall automatically begin communications with all field equipment via the central communications system. 11.5 Technical Support The Contractor shall offer online help for controller and software. The Contractor shall document in the bid what type of online support is available. 12.0 Warranty Controller Training o Use of controller interface o Controller configuration o Controller database use and manipulation o Controller parameter and database entry o Error messages and troubleshooting techniquies o Alarms and paging o Log report generation o Overview of cabinet structure and interfacing o Communications equipment interfacing 12.1 Warranty Time Frame The adaptive traffic control system software shall be warranted to be free of defects in material workmanship for a minimum of three years, and hardware for a minimum of two years. 12.2. Support During the warranty period, technical support shall be available from the supplier via telephone within 4 hours of the time a call is made by the user. This support shall be available from factory certified personnel or factory certified installers. 03/2011 02990 10 of 10